103D CONGRESS

2D SESSION H. R. 4277

AMENDMENT
In the Senate of the United States,

May 23 (legislative day, May 16), 1994.

Resolved, That the bill from the House of Representatives (H.R. 4277) entitled ‘‘An Act to establish the Social Security Administration as an independent agency and to make

other improvements in the old-age, survivors, and disability

insurance program’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; AMENDMENT OF SOCIAL SECU2 RITY ACT; TABLE OF CONTENTS.

3 (a) SHORT TITLE.—This Act may be cited as the ‘‘So4 cial Security Administration Independence Act of 1994’’.

5 (b) AMENDMENT OF SOCIAL SECURITY ACT.—Except

6 as otherwise expressly provided, whenever in this Act an

7 amendment is expressed in terms of an amendment to or

8 repeal of, a section or other provision, the reference shall

9 be considered to be made to that section or other provision

10 of the Social Security Act.
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1 (c) TABLE OF CONTENTS.—The table of contents of this

2 Act is as follows:

Sec. 1. Short title; amendment of Social Security Act; table of contents.

TITLE I—ESTABLISHMENT OF NEW INDEPENDENT AGENCY

Sec. 101. Establishment of Social Security Administration as a separate, independent agency.

Sec. 102. Commissioner and Deputy Commissioner of Social Security.

Sec. 103. Social Security Advisory Board.

Sec. 104. Personnel; budgetary matters; seal of office.

Sec. 105. Transfers to the new Social Security Administration.

Sec. 106. Transitional rules.

Sec. 107. Effective dates.

TITLE II—CONFORMING AMENDMENTS

Sec. 201. Amendments to titles II and XVI of the Social Security Act.

Sec. 202. Other amendments.

Sec. 203. Rules of construction.

Sec. 204. Effective dates.

TITLE III—SOCIAL SECURITY DISABILITY AND REHABILITATION

Sec. 301. Short title.

Sec. 302. Reform of monthly insurance benefits based on disability involving substance abuse.

Sec. 303. Priority of treatment.

Sec. 304. Establishment of referral monitoring agencies required in all States.

Sec. 305. Proceeds from certain criminal activities constitute substantial gainful

employment.

Sec. 306. Consistent penalty provisions for SSDI and SSI programs.

3 TITLE I—ESTABLISHMENT OF

4 NEW INDEPENDENT AGENCY

5 SEC. 101. ESTABLISHMENT OF SOCIAL SECURITY ADMINIS6 TRATION AS A SEPARATE, INDEPENDENT

7 AGENCY.

8 Section 701 (42 U.S.C. 901) is amended to read as

9 follows:

10 ‘‘SOCIAL SECURITY ADMINISTRATION

11 ‘‘SEC. 701. There is hereby established, as an inde12 pendent agency in the executive branch of the Government,
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1 a Social Security Administration (hereafter in this title re2 ferred to as the ‘Administration’). It shall be the duty of

3 the Administration to administer the old-age, survivors,

4 and disability insurance program under title II and the

5 supplemental security income program under title XVI.’’.

6 SEC. 102. COMMISSIONER AND DEPUTY COMMISSIONER OF

7 SOCIAL SECURITY.

8 Section 702 (42 U.S.C. 902) is amended to read as

9 follows:

10 ‘‘COMMISSIONER AND DEPUTY COMMISSIONER

11 ‘‘Commissioner of Social Security

12 ‘‘SEC. 702. (a)(1) There shall be in the Administration

13 a Commissioner of Social Security (hereafter in this title

14 referred to as the ‘Commissioner’) who shall be appointed

15 by the President, with the advice and consent of the Senate.

16 ‘‘(2) The Commissioner shall be compensated at the

17 rate provided for level I of the Executive Schedule.

18 ‘‘(3) The Commissioner shall be appointed for a term

19 of 4 years coincident with the term of the President, or until

20 the appointment of a qualified successor.

21 ‘‘(4) The Commissioner shall be responsible for the ex22 ercise of all powers and the discharge of all duties of the

23 Administration, and shall have authority and control over

24 all personnel and activities thereof.

25 ‘‘(5) The Commissioner may prescribe such rules and

26 regulations as the Commissioner determines necessary or
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1 appropriate to carry out the functions of the Administra2 tion. The regulations prescribed by the Commissioner shall

3 be subject to the rulemaking procedures established under

4 section 553 of title 5, United States Code.

5 ‘‘(6) The Commissioner may establish, alter, consoli6 date, or discontinue such organizational units or compo7 nents within the Administration as the Commissioner con8 siders necessary or appropriate, except that this paragraph

9 shall not apply with respect to any unit, component, or pro10 vision provided for by this Act.

11 ‘‘(7) The Commissioner may assign duties, and dele12 gate, or authorize successive redelegations of, authority to

13 act and to render decisions, to such officers and employees

14 of the Administration as the Commissioner may find nec15 essary. Within the limitations of such delegations,

16 redelegations, or assignments, all official acts and decisions

17 of such officers and employees shall have the same force and

18 effect as though performed or rendered by the Commissioner.

19 ‘‘(8) The Commissioner and the Secretary of Health

20 and Human Services (hereafter in this title referred to as

21 the ‘Secretary’) shall consult, on an ongoing basis, to en22 sure—

23 ‘‘(A) the coordination of the programs adminis24 tered by the Commissioner, as described in section
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1 701, with the programs administered by the Secretary

2 under titles XVIII and XIX of this Act; and

3 ‘‘(B) that adequate information concerning bene4 fits under such titles XVIII and XIX shall be avail5 able to the public.

6 ‘‘Deputy Commissioner of Social Security

7 ‘‘(b)(1) There shall be in the Administration a Deputy

8 Commissioner of Social Security (hereafter in this title re9 ferred to as the ‘Deputy Commissioner’) who shall be ap10 pointed by the President, with the advice and consent of

11 the Senate.

12 ‘‘(2) The Deputy Commissioner shall be appointed for

13 a term of 4 years coincident with the term of the

14 Commissioner, or until the appointment of a qualified

15 successor.

16 ‘‘(3) The Deputy Commissioner shall be compensated

17 at the rate provided for level II of the Executive Schedule.

18 ‘‘(4) The Deputy Commissioner shall perform such du19 ties and exercise such powers as the Commissioner shall

20 from time to time assign or delegate. The Deputy Commis21 sioner shall be Acting Commissioner of the Administration

22 during the absence or disability of the Commissioner and,

23 unless the President designates another officer of the Gov24 ernment as Acting Commissioner, in the event of a vacancy

25 in the office of the Commissioner.’’.
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1 SEC. 103. SOCIAL SECURITY ADVISORY BOARD.

2 Section 703 (42 U.S.C. 903) is amended to read as

3 follows:

4 ‘‘SOCIAL SECURITY ADVISORY BOARD

5 ‘‘Establishment of Board

6 ‘‘SEC. 703. (a) There shall be established a Social Secu7 rity Advisory Board (hereinafter referred to as the ‘Board’).

8 ‘‘Functions of the Board

9 ‘‘(b) The Board shall advise the Commissioner on poli10 cies related to the old-age, survivors, and disability insur11 ance program under title II and the supplemental security

12 income program under title XVI. Specific functions of the

13 Board shall include—

14 ‘‘(1) analyzing the Nation’s retirement and dis15 ability systems and making recommendations with

16 respect to how the old-age, survivors, and disability

17 insurance program and the supplemental security in18 come program, supported by other public and private

19 systems, can most effectively assure economic security;

20 ‘‘(2) studying and making recommendations re21 lating to the coordination of programs that provide

22 health security with programs described in paragraph

23 (1);

24 ‘‘(3) making recommendations to the President

25 and to the Congress with respect to policies that will

26 ensure the solvency of the old-age, survivors, and dis-
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1 ability insurance program, both in the short-term and

2 the long-term;

3 ‘‘(4) making recommendations to the President of

4 candidates to consider in selecting nominees for the

5 position of Commissioner and Deputy Commissioner;

6 ‘‘(5) reviewing and assessing the quality of serv7 ice that the Administration provides to the public;

8 ‘‘(6) reviewing and making recommendations

9 with respect to policies and regulations regarding the

10 old-age, survivors, and disability insurance program

11 and the supplemental security income program;

12 ‘‘(7) increasing public understanding of the so13 cial security system;

14 ‘‘(8) in consultation with the Commissioner, re15 viewing the development and implementation of a

16 long-range research and program evaluation plan for

17 the Administration;

18 ‘‘(9) reviewing and assessing any major studies

19 of social security as may come to the attention of the

20 Board; and

21 ‘‘(10) conducting such other reviews and assess22 ments that the Board determines to be appropriate.

23 ‘‘Structure and Membership of the Board

24 ‘‘(c) The Board shall be composed of 7 members who

25 shall be appointed as follows:
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1 ‘‘(1) 3 members shall be appointed by the Presi2 dent, with the advice and consent of the Senate. Not

3 more than 2 of such members shall be from the same

4 political party.

5 ‘‘(2) 2 members (each member from a different

6 political party) shall be appointed by the President

7 pro tempore of the Senate with the advice of the

8 Chairman and the Ranking Minority Member of the

9 Senate Committee on Finance.

10 ‘‘(3) 2 members (each member from a different

11 political party) shall be appointed by the Speaker of

12 the House of Representatives, with the advice of the

13 Chairman and the Ranking Minority Member of the

14 House Committee on Ways and Means.

15 ‘‘Terms of Appointment

16 ‘‘(d) Each member of the Board shall serve for a term

17 of 6 years, except that—

18 ‘‘(1) a member appointed to fill a vacancy occur19 ring prior to the expiration of the term for which a

20 predecessor was appointed, shall be appointed for the

21 remainder of such term; and

22 ‘‘(2) the terms of service of the members initially

23 appointed under this section shall expire as follows:

24 ‘‘(A) The terms of service of the members

25 initially appointed by the President shall expire
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1 as designated by the President at the time of

2 nomination, 1 each at the end of—

3 ‘‘(i) 2 years;

4 ‘‘(ii) 4 years; and

5 ‘‘(iii) 6 years.

6 ‘‘(B) The terms of service of members ini7 tially appointed by the President pro tempore of

8 the Senate shall expire as designated by the

9 President pro tempore of the Senate at the time

10 of nomination, 1 each at the end of—

11 ‘‘(i) 4 years; and

12 ‘‘(ii) 6 years.

13 ‘‘(C) The terms of service of members ini14 tially appointed by the Speaker of the House of

15 Representatives shall expire as designated by the

16 Speaker of the House of Representatives at the

17 time of nomination, 1 each at the end of—

18 ‘‘(i) 3 years; and

19 ‘‘(ii) 5 years.

20 ‘‘Chairman

21 ‘‘(e) A member of the Board shall be designated by the

22 President to serve as Chairman for a term of 4 years, coin23 cident with the term of the President, or until the designa24 tion of a successor.
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1 ‘‘Compensation

2 ‘‘(f) Members of the Board shall be compensated as fol3 lows:

4 ‘‘(1) Members shall be paid at a rate equal to 25

5 percent of the rate for level III of the Executive Sched6 ule.

7 ‘‘(2) For days when the Board or any authorized

8 subcommittee of the Board meets, members who attend

9 meetings on such days (including travel time) shall

10 receive additional compensation in an amount equal

11 to the daily equivalent of the rate for level III of the

12 Executive Schedule.

13 ‘‘(3) While serving on business of the Board

14 away from their homes or regular places of business,

15 members may be allowed travel expenses, including

16 per diem in lieu of subsistence, as authorized by sec17 tion 5703 of title 5, United States Code, for persons

18 in the Government employed intermittently.

19 ‘‘(4) Service on the Board shall not be treated as

20 Federal service or employment for purposes of receiv21 ing any benefits under chapters 83, 84, and 87 of title

22 5, United States Code.

23 ‘‘(5) A member of the Board may elect coverage

24 of a health benefits plan under chapter 89 of title 5,

25 United States Code. Such a member electing coverage
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1 shall have the applicable employee contributions

2 under section 8906 of such title withheld from pay for

3 service as a member of the Board. The Administra4 tion shall pay the applicable Government contribu5 tions under such section 8906 for such member. The

6 Office of Personnel Management shall promulgate reg7 ulations to apply the provisions of chapter 89 of such

8 title to Board members electing coverage as provided

9 under this paragraph.

10 ‘‘Meetings

11 ‘‘(g) The Board shall meet not less than 6 times each

12 year to consider a specific agenda of issues, as determined

13 by the Chairman in consultation with the other members

14 of the Board.

15 ‘‘Federal Advisory Committee Act

16 ‘‘(h) The Board shall be exempt from the provisions

17 of the Federal Advisory Committee Act (5 U.S.C. App.).

18 ‘‘Personnel

19 ‘‘(i)(1) The Board shall, without regard to title 5,

20 United States Code, appoint a Staff Director who shall be

21 paid at a rate equivalent to a rate for the Senior Executive

22 Service.

23 ‘‘(2) The Board is authorized, without regard to title

24 5, United States Code, to appoint and fix the compensation
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1 of such additional personnel as the Board determines to be

2 necessary to carry out the functions of the Board.

3 ‘‘(3) In fixing the compensation of additional person4 nel under paragraph (2), the Board shall not authorize that

5 any individual appointed under such paragraph be com6 pensated at a rate that is greater than the rate of compensa7 tion of the Staff Director described in paragraph (1).

8 ‘‘Authorization of Appropriation

9 ‘‘(j) There are authorized to be made available for ex10 penditure, out of the Federal Disability Insurance Trust

11 Fund, the Federal Old Age and Survivors Insurance Trust

12 Fund, and the general fund in the Treasury, such sums as

13 the Congress may deem appropriate to carry out the pur14 poses of this section.’’.

15 SEC. 104. PERSONNEL; BUDGETARY MATTERS; SEAL OF

16 OFFICE.

17 Section 704 is amended to read as follows:

18 ‘‘ADMINISTRATIVE DUTIES OF THE COMMISSIONER

19 ‘‘Personnel

20 ‘‘SEC. 704. (a)(1) The Commissioner shall appoint

21 such additional officers and employees as the Commissioner

22 considers necessary to carry out the functions of the Admin23 istration under this Act. Except as otherwise provided in

24 any other provision of law, such officers and employees shall

25 be appointed, and their compensation shall be fixed, in ac26 cordance with title 5, United States Code.
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1 ‘‘(2) The Commissioner may procure the services of ex2 perts and consultants in accordance with the provisions of

3 section 3109 of title 5, United States Code.

4 ‘‘(3) Notwithstanding any requirements of section

5 3133 of title 5, United States Code, the Director of the Office

6 of Personnel Management shall authorize for the Adminis7 tration a total number of Senior Executive Service posi8 tions which is substantially greater than the number of such

9 positions authorized in the Social Security Administration

10 in the Department of Health and Human Services as of

11 immediately before the date of the enactment of the Social

12 Security Administration Independence Act of 1994 to the

13 extent that the greater number of such authorized positions

14 is specified in the comprehensive work force plan as estab15 lished and revised by the Commissioner under subsection

16 (b)(1). The total number of such positions authorized for

17 the Administration shall not at any time be less than the

18 number of such authorized positions as of immediately be19 fore such date.

20 ‘‘Budgetary Matters

21 ‘‘(b)(1) Appropriations requests for staffing and per22 sonnel of the Administration shall be based upon a com23 prehensive work force plan, which shall be established and

24 revised from time to time by the Commissioner.
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1 ‘‘(2) Appropriations for administrative expenses of the

2 Administration are authorized to be provided on a biennial

3 basis.

4 ‘‘(3) Funds appropriated for the Administration to be

5 available on a contingency basis shall be apportioned upon

6 the occurrence of the stipulated contingency, as determined

7 by the Commissioner and reported to the Congress.

8 ‘‘Employment Restriction

9 ‘‘(c) The number of positions in the Administration

10 which may be excepted from the competitive service, on a

11 temporary or permanent basis, because of the confidential

12 or policy-determining character of such positions, may not

13 exceed at any time the equivalent of 10 full-time positions.

14 ‘‘Seal of Office

15 ‘‘(d) The Commissioner shall cause a seal of office to

16 be made for the Administration of such design as the Com17 missioner shall approve. Judicial notice shall be taken of

18 such seal.’’.

19 SEC. 105. TRANSFERS TO THE NEW SOCIAL SECURITY AD20 MINISTRATION.

21 (a) FUNCTIONS.—There are transferred to the Social

22 Security Administration all functions carried out by the

23 Secretary of Health and Human Services with respect to

24 the programs and activities the administration of which is

25 vested in the Social Security Administration by reason of
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1 this title and the amendments made thereby. The Commis2 sioner of Social Security shall allocate such functions in

3 accordance with sections 701, 702, 703, and 704 of the So4 cial Security Act (as amended by this title).

5 (b) PERSONNEL, ASSETS, ETC.—(1) There are trans6 ferred from the Department of Health and Human Services

7 to the Social Security Administration, for appropriate allo8 cation by the Commissioner of Social Security in the Social

9 Security Administration—

10 (A) the personnel employed in connection with

11 the functions transferred by this title and the amend12 ments made thereby; and

13 (B) the assets, liabilities, contracts, property,

14 records, and unexpended balance of appropriations,

15 authorizations, allocations, and other funds employed,

16 held, or used in connection with such functions, aris17 ing from such functions, or available, or to be made

18 available, in connection with such functions.

19 (2) Unexpended funds transferred pursuant to this

20 subsection shall be used only for the purposes for which the

21 funds were originally authorized and appropriated.

22 (3) Any individual who is an employee of the Depart23 ment and who was not employed on the date of the enact24 ment of this title, in connection with functions transferred

25 by this title to the Administration, but who was so em-
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1 ployed on the day before the date established pursuant to

2 section 107(a), may be transferred from the Department of

3 Health and Human Services to the Social Security Admin4 istration by the Commissioner under subparagraph (A) of

5 paragraph (1), after consultation with the Secretary of

6 Health and Human Services, if the Commissioner deter7 mines such transfer to be appropriate.

8 (4) Any individual who is an employee of the Depart9 ment and who was employed on the date of the enactment

10 of this title, solely in connection with functions transferred

11 by this title to the Administration, and who was so em12 ployed on the day before the date established pursuant to

13 section 107(a), shall be transferred from the Department of

14 Health and Human Services to the Social Security

15 Administration.

16 (c) ABOLISHMENT OF OFFICE OF COMMISSIONER IN

17 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.—

18 Effective upon the appointment of a Commissioner of Social

19 Security pursuant to section 702 of the Social Security Act

20 (as amended by this title)—

21 (1) the position of Commissioner of Social Secu22 rity in the Department of Health and Human Serv23 ices is abolished; and

24 (2) section 5315 of title 5, United States Code,

25 is amended by striking the following:
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1 ‘‘Commissioner of Social Security, Department

2 of Health and Human Services.’’.

3 SEC. 106. TRANSITIONAL RULES.

4 (a) TRANSITION DIRECTOR.—(1) Within 30 days after

5 the date of the enactment of this Act, a transition director

6 shall be appointed by the President, who shall be selected

7 on the basis of experience and knowledge of the operation

8 of the Government.

9 (2) The transition director shall conduct activities nec10 essary to ensure the transition of the Social Security Ad11 ministration to the status of an independent agency in the

12 executive branch of the Government. In conducting such ac13 tivities before the appointment of the Commissioner of So14 cial Security, the transition director shall consult regularly

15 with the Director of the Office of Management and Budget.

16 Upon such appointment, the transition director shall con17 duct such activities at the direction of the Commissioner

18 of Social Security.

19 (3) The transition director shall be compensated at the

20 rate provided for level IV of the Executive Schedule.

21 (4) Expenditures to carry out the purposes of this sub22 section shall be made out of the Federal Old Age and Survi23 vors Insurance Trust Fund and the Federal Disability In24 surance Trust Fund.
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1 (b) INTERIM AUTHORITY FOR APPOINTMENT AND COM2 PENSATION.—

3 (1) APPOINTMENT OF COMMISSIONER.—Within

4 60 days of the date of the enactment of this title, the

5 Commissioner of Social Security shall be appointed

6 by the President pursuant to section 702 of the Social

7 Security Act (as amended by this title). If the ap8 pointment is made pursuant to such section before the

9 date established pursuant to section 107(a), the Com10 missioner of Social Security shall also perform the

11 duties assigned to the Commissioner of Social Secu12 rity in the Department of Health and Human Serv13 ices.

14 (2) OTHER APPOINTMENTS.—At any time on or

15 after the date of the enactment of this title any of the

16 other officers provided for in sections 702 and 703 of

17 the Social Security Act (as amended by this title)

18 may be nominated and appointed, as provided in

19 such sections.

20 (3) COMPENSATION.—Funds available to any of21 ficial or component of the Department of Health and

22 Human Services, functions of which are transferred to

23 the Commissioner of Social Security or the Social Se24 curity Administration by this title, may with the ap25 proval of the Director of the Office of Management
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1 and Budget, be used to pay the compensation and ex2 penses of any officer appointed pursuant to this sub3 section until such time as funds for that purpose are

4 otherwise available.

5 (c) CONTINUATION OF ORDERS, DETERMINATIONS,

6 RULES, REGULATIONS, ETC.—All orders, determinations,

7 rules, regulations, permits, contracts, collective bargaining

8 agreements (and ongoing negotiations relating to such col9 lective bargaining agreements), recognitions of labor orga10 nizations, certificates, licenses, and privileges—

11 (1) which have been issued, made, promulgated,

12 granted, or allowed to become effective, in the exercise

13 of functions (A) which were exercised by the Secretary

14 of Health and Human Services (or the Secretary’s

15 delegate), and (B) which relate to functions which, by

16 reason of this title, the amendments made thereby,

17 and regulations prescribed thereunder, are vested in

18 the Commissioner of Social Security; and

19 (2) which are in effect immediately before the

20 date established pursuant to section 107(a),

21 shall (to the extent that they relate to functions described

22 in paragraph (1)(B)) continue in effect according to their

23 terms until modified, terminated, suspended, set aside, or

24 repealed by such Commissioner, except that any collective
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1 bargaining agreement shall remain in effect until the date

2 of termination specified in such agreement.

3 (d) CONTINUATION OF PROCEEDINGS.—The provisions

4 of this title (including the amendments made thereby) shall

5 not affect any proceeding pending before the Secretary of

6 Health and Human Services immediately before the date

7 established pursuant to section 107(a), with respect to func8 tions vested (by reason of this title, the amendments made

9 thereby, and regulations prescribed thereunder) in the Com10 missioner of Social Security, except that such proceedings,

11 to the extent that such proceedings relate to such functions,

12 shall continue before such Commissioner. Orders shall be is13 sued under any such proceeding, appeals taken therefrom,

14 and payments shall be made pursuant to such orders, in

15 like manner as if this title had not been enacted, and orders

16 issued in any such proceeding shall continue in effect until

17 modified, terminated, superseded, or repealed by such Com18 missioner, by a court of competent jurisdiction, or by oper19 ation of law.

20 (e) CONTINUATION OF SUITS.—Except as provided in

21 this subsection—

22 (1) the provisions of this title shall not affect

23 suits commenced before the date established pursuant

24 to section 107(a); and
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1 (2) in all such suits proceedings shall be had, ap2 peals taken, and judgments rendered, in the same

3 manner and effect as if this title had not been en4 acted.

5 No cause of action, and no suit, action, or other proceeding

6 commenced by or against any officer in such officer’s offi7 cial capacity as an officer of the Department of Health and

8 Human Services, shall abate by reason of the enactment of

9 this title. Causes of action, suits, actions, or other proceed10 ings may be asserted by or against the United States and

11 the Social Security Administration, or such official of such

12 Administration as may be appropriate, and, in any litiga13 tion pending immediately before the date established pursu14 ant to section 107(a), the court may at any time, on the

15 court’s own motion or that of a party, enter an order which

16 will give effect to the provisions of this subsection (includ17 ing, where appropriate, an order for substitution of par18 ties).

19 (f) CONTINUATION OF PENALTIES.—This title shall not

20 have the effect of releasing or extinguishing any criminal

21 prosecution, penalty, forfeiture, or liability incurred as a

22 result of any function which (by reason of this title, the

23 amendments made thereby, and regulations prescribed

24 thereunder) is vested in the Commissioner of Social

25 Security.
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1 (g) JUDICIAL REVIEW.—Orders and actions of the

2 Commissioner of Social Security in the exercise of functions

3 vested in such Commissioner under this title (and the

4 amendments made thereby) shall be subject to judicial re5 view to the same extent and in the same manner as if such

6 orders had been made and such actions had been taken by

7 the Secretary of Health and Human Services in the exercise

8 of such functions immediately before the date established

9 pursuant to section 107(a). Any statutory requirements re10 lating to notice, hearings, action upon the record, or admin11 istrative review that apply to any function so vested in such

12 Commissioner shall continue to apply to the exercise of such

13 function by such Commissioner.

14 (h) EXERCISE OF FUNCTIONS.—In the exercise of the

15 functions vested in the Commissioner of Social Security

16 under this title, the amendments made thereby, and regula17 tions prescribed thereunder, such Commissioner shall have

18 the same authority as that vested in the Secretary of Health

19 and Human Services with respect to the exercise of such

20 functions immediately preceding the vesting of such func21 tions in such Commissioner, and actions of such Commis22 sioner shall have the same force and effect as when exercised

23 by such Secretary.

24 (i) REPORT.—Within 120 days of the date of the enact25 ment of this title, the transition director and the Commis-
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1 sioner of Social Security shall report to the Congress on

2 the status of the transition to an independent Social Secu3 rity Administration, and on any significant internal re4 structuring or management improvements that are pro5 posed to be undertaken.

6 SEC. 107. EFFECTIVE DATES.

7 (a) IN GENERAL.—Except as provided in subsection

8 (b), this title, and the amendments made by such title shall

9 take effect on the earlier of—

10 (1) the date which is 180 days after the date of

11 the enactment of this Act, or

12 (2) a date designated by the President.

13 (b) TRANSITIONAL RULES.—Section 106 shall take ef14 fect on the date of the enactment of this title.

15 TITLE II—CONFORMING

16 AMENDMENTS

17 SEC. 201. AMENDMENTS TO TITLES II AND XVI OF THE SO18 CIAL SECURITY ACT.

19 (a) IN GENERAL.—Title II (42 U.S.C. 401 et seq.)

20 (other than section 201, section 218(d), section 231(c), sec21 tion 226, and section 226A) and title XVI (42 U.S.C. 1382

22 et seq.) (other than sections 1614(f)(2)(B) and 1616(e)(3))

23 are each amended—
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1 (1) by striking, wherever it appears therein,

2 ‘‘Secretary of Health and Human Services’’ and in3 serting ‘‘Commissioner of Social Security’’;

4 (2) by striking, wherever it appears therein, ‘‘De5 partment of Health and Human Services’’ and insert6 ing ‘‘Social Security Administration’’;

7 (3) by striking, wherever it appears therein, ‘‘De8 partment’’ (but only if it is not immediately suc9 ceeded by the words ‘‘of Health and Human Serv10 ices’’, and only if it is used in reference to the De11 partment of Health and Human Services) and insert12 ing ‘‘Administration’’;

13 (4) by striking, wherever it appears therein, each

14 of the following words (but, in the case of any such

15 word only if such word refers to the Secretary of

16 Health and Human Services): ‘‘Secretary’’, ‘‘Sec17 retary’s’’, ‘‘his’’, ‘‘him’’, ‘‘he’’, ‘‘her’’, and ‘‘she’’, and

18 inserting (in the case of the word ‘‘Secretary’’) ‘‘Com19 missioner of Social Security’’, (in the case of the word

20 ‘‘Secretary’s’’) ‘‘Commissioner’s’’, (in the case of the

21 word ‘‘his’’) ‘‘the Commissioner’s’’, (in the case of the

22 word ‘‘him’’) ‘‘the Commissioner’’, (in the case of the

23 word ‘‘her’’) ‘‘the Commissioner’’ or ‘‘the Commis24 sioner’s’’, as may be appropriate, and (in the case of

25 the words ‘‘she’’ or ‘‘he’’) ‘‘the Commissioner’’; and
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1 (5) by striking, wherever it appears therein, ‘‘In2 ternal Revenue Code of 1954’’ and inserting ‘‘Internal

3 Revenue Code of 1986’’.

4 (b) AMENDMENTS TO SECTION 201.—(1)(A) Sections

5 201(a)(3), 201(a)(4), 201(b)(1), and 201(b)(2) (42 U.S.C.

6 401(a)(3), 401(a)(4), 401(b)(1), and 401(b)(2), respectively)

7 are each amended by striking ‘‘Secretary of Health and

8 Human Services’’ each place it appears and inserting

9 ‘‘Commissioner of Social Security’’; and

10 (B) Sections 201(a)(3) and 201(b)(1) (42 U.S.C.

11 401(a)(3) and 401(b)(1), respectively) are each amended by

12 striking ‘‘such Secretary’’ and inserting ‘‘such Commis13 sioner’’.

14 (2) Section 201(c) (42 U.S.C. 401(c)) is amended—

15 (A) in the first sentence, by striking ‘‘shall be

16 composed of’’ and all that follows down through ‘‘ex

17 officio’’ and inserting the following: ‘‘shall be com18 posed of the Commissioner of Social Security, the Sec19 retary of the Treasury, and the Secretary of Health

20 and Human Services, all ex officio’’; and

21 (B) in the fifth sentence, by striking ‘‘The Com22 missioner of Social Security’’ and inserting ‘‘The

23 Deputy Commissioner of Social Security’’.

24 (3) Section 201(g)(1)(A) (42 U.S.C. 401(g)(1)(A)) is

25 amended—
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1 (A) in clause (i), by striking ‘‘by him and the

2 Secretary of Health and Human Services’’ and in3 serting ‘‘by him, the Commissioner of Social Security,

4 and the Secretary of Health and Human Services’’,

5 and by striking ‘‘by the Department of Health and

6 Human Services and the Treasury Department’’ and

7 inserting ‘‘by the Social Security Administration, the

8 Department of Health and Human Services, and the

9 Department of the Treasury’’;

10 (B) in clause (ii), by striking ‘‘method prescribed

11 by the Board of Trustees under paragraph (4)’’ and

12 inserting ‘‘applicable method prescribed under para13 graph (4)’’, by striking ‘‘the Secretary of Health and

14 Human Services’’ and inserting ‘‘the Commissioner of

15 Social Security and the Secretary of Health and

16 Human Services’’, and by striking ‘‘the Department

17 of Health and Human Services’’ and inserting ‘‘the

18 Social Security Administration and the Department

19 of Health and Human Services’’; and

20 (C) by striking the last sentence and inserting

21 the following: ‘‘There are hereby authorized to be

22 made available for expenditure, out of any or all of

23 the Trust Funds, such amounts as the Congress may

24 deem appropriate to pay the costs of the part of the

25 administration of this title and title XVI for which
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1 the Commissioner of Social Security is responsible,

2 the costs of title XVIII for which the Secretary of

3 Health and Human Services is responsible, and the

4 costs of carrying out the functions of the Social Secu5 rity Administration, specified in section 232, which

6 relate to the administration of provisions of the Inter7 nal Revenue Code of 1986 other than those referred to

8 in clause (i) of the first sentence of this subpara9 graph.’’.

10 (4) Section 201(g)(1) (42 U.S.C. 401(g)(1)) is further

11 amended by striking subparagraph (B) and inserting the

12 following new subparagraphs:

13 ‘‘(B) After the close of each fiscal year—

14 ‘‘(i) the Commissioner of Social Security shall

15 determine (I) the portion of the costs, incurred during

16 such fiscal year, of administration of this title and

17 title XVI and of carrying out the functions of the So18 cial Security Administration, specified in section 232,

19 which relate to the administration of provisions of the

20 Internal Revenue Code of 1986 (other than those re21 ferred to in clause (i) of the first sentence of subpara22 graph (A)), which should have been borne by the gen23 eral fund in the Treasury, (II) the portion of such

24 costs which should have been borne by the Federal

25 Old-Age and Survivors Insurance Trust Fund, and
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1 (III) the portion of such costs which should have been

2 borne by the Federal Disability Insurance Trust

3 Fund, and

4 ‘‘(ii) the Secretary of Health and Human Serv5 ices shall determine (I) the portion of the costs, in6 curred during such fiscal year, of administration of

7 title XVIII which should have been borne by the gen8 eral fund in the Treasury, (II) the portion of such

9 costs which should have been borne by the Federal

10 Hospital Insurance Trust Fund, and (III) the portion

11 of such costs which should have been borne by the

12 Federal Supplementary Medical Insurance Trust

13 Fund,

14 except that the determination of the amounts to be borne

15 by the general fund in the Treasury with respect to expendi16 tures incurred in carrying out such functions specified in

17 section 232 shall be made pursuant to the applicable method

18 prescribed under paragraph (4) of this subsection.

19 ‘‘(C) After the determinations under subparagraph (B)

20 have been made for any fiscal year, the Commissioner of

21 Social Security and the Secretary of Health and Human

22 Services shall jointly certify to the Managing Trustee the

23 amounts, if any, which should be transferred from one to

24 any of the other of such Trust Funds and the amounts, if

25 any, which should be transferred between the Trust Funds
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1 (or one of the Trust Funds) and the general fund in the

2 Treasury, in order to ensure that each of the Trust Funds

3 and the general fund in the Treasury have borne their prop4 er share of the costs, incurred during such fiscal year, for

5 (i) the part of the administration of this title and title XVI

6 for which the Commissioner of Social Security is respon7 sible, (ii) the part of the administration of this title and

8 title XVIII for which the Secretary of Health and Human

9 Services is responsible, and (iii) carrying out the functions

10 of the Social Security Administration, specified in section

11 232, which relate to the administration of provisions of the

12 Internal Revenue Code of 1986 (other than those referred

13 to in clause (i) of the first sentence of subparagraph (A)).

14 The Managing Trustee shall transfer any such amounts in

15 accordance with any certification so made.’’.

16 (5) Section 201(g)(2) (42 U.S.C. 401(g)(2)) is amend17 ed, in the second sentence, by striking ‘‘established and

18 maintained by the Secretary of Health and Human Serv19 ices’’ and inserting ‘‘maintained by the Commissioner of

20 Social Security’’, and by striking ‘‘Secretary shall furnish’’

21 and inserting ‘‘Commissioner of Social Security shall fur22 nish’’.

23 (6) Section 201(g)(4) (42 U.S.C. 401(g)(4)) is amend24 ed to read as follows:
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1 ‘‘(4) The Commissioner of Social Security shall utilize

2 the method prescribed pursuant to this paragraph, as in

3 effect immediately before the date of the enactment of the

4 Social Security Administration Independence Act of 1994

5 for determining the costs which should be borne by the gen6 eral fund in the Treasury of carrying out the functions of

7 the Social Security Administration, specified in section

8 232, which relate to the administration of provisions of the

9 Internal Revenue Code of 1986 (other than those referred

10 to in clause (i) of the first sentence of paragraph (1)(A)).

11 If at any time or times thereafter the Boards of Trustees

12 of such Trust Funds consider such action advisable, such

13 Boards may modify the method of determining such costs.’’.

14 (7) Section 201(i)(1) (42 U.S.C. 401(i)(1)) is amended

15 to read as follows:

16 ‘‘(i)(1) The Managing Trustee may accept on behalf

17 of the United States money gifts and bequests made uncon18 ditionally to the Federal Old-Age and Survivors Insurance

19 Trust Fund, the Federal Disability Insurance Trust Fund,

20 the Federal Hospital Insurance Trust Fund, or the Federal

21 Supplementary Medical Insurance Trust Fund or to the So22 cial Security Administration, the Department of Health

23 and Human Services, or any part or officer thereof, for the

24 benefit of any of such Funds or any activity financed

25 through such Funds.’’.
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1 (8) Subsections (j) and (k) of section 201 (42 U.S.C.

2 401) are each amended by striking ‘‘Secretary’’ each place

3 it appears and inserting ‘‘Commissioner of Social

4 Security’’.

5 (9) Section 201(l)(3)(B)(iii)(II) (42 U.S.C.

6 401(l)(3)(B)(iii)(II)) is amended by striking ‘‘Secretary’’

7 and inserting ‘‘Commissioner of Social Security’’.

8 (10) Section 201(m)(3) (42 U.S.C. 401(m)(3)) is

9 amended by striking ‘‘Secretary of Health and Human

10 Services’’ and inserting ‘‘Commissioner of Social Security’’.

11 (11) Section 201 (42 U.S.C. 401) is amended by strik12 ing ‘‘Internal Revenue Code of 1954’’ each place it appears

13 and inserting ‘‘Internal Revenue Code of 1986’’.

14 (c) AMENDMENTS TO SECTION 218.—Section 218(d)

15 (42 U.S.C. 418(d)) is amended by striking ‘‘Secretary’’ each

16 place it appears in paragraphs (3) and (7) and inserting

17 ‘‘Commissioner of Social Security’’.

18 (d) AMENDMENT TO SECTION 231.—Section 231(c) (42

19 U.S.C. 431(c)) is amended by striking ‘‘Secretary deter20 mines’’ and inserting ‘‘Commissioner of Social Security

21 and the Secretary jointly determine’’.

22 SEC. 202. OTHER AMENDMENTS.

23 (a) AMENDMENTS TO TITLE VII.—(1) Title VII (42

24 U.S.C. 901 et seq.) is amended by adding at the end the

25 following new section:
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1 ‘‘DUTIES AND AUTHORITY OF SECRETARY

2 ‘‘SEC. 712. The Secretary shall perform the duties im3 posed upon the Secretary by this Act. The Secretary is au4 thorized to appoint and fix the compensation of such officers

5 and employees, and to make such expenditures as may be

6 necessary for carrying out the functions of the Secretary

7 under this Act.’’.

8 (2) Section 706 (42 U.S.C. 907) is amended—

9 (A) in subsection (a), by striking ‘‘Advisory

10 Council on Social Security’’ and all that follows

11 through ‘‘disability insurance program and’’ and in12 serting ‘‘Advisory Council on Hospital and Supple13 mentary Medical Insurance for the purpose of review14 ing the status of the Federal Hospital Insurance

15 Trust Fund and the Federal Supplementary Medical

16 Insurance Trust Fund in relation to the long-term

17 commitments of’’;

18 (B) in subsection (d), by striking paragraph (1)

19 and by redesignating paragraphs (2) and (3) as

20 paragraphs (1) and (2), respectively, and

21 (C) by striking the section heading and inserting

22 the following:

23 ‘‘ADVISORY COUNCIL ON HOSPITAL AND SUPPLEMENTARY

24 MEDICAL INSURANCE’’.

25 (3) Paragraph (2) of section 709(b) (42 U.S.C. 910(b))

26 is amended by striking ‘‘(as estimated by the Secretary)’’
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1 and inserting ‘‘(for amounts which will be paid from the

2 Federal Old-Age and Survivors Insurance Trust Fund and

3 the Federal Disability Insurance Trust Fund, as estimated

4 by the Commissioner, and for amounts which will be paid

5 from the Federal Hospital Insurance Trust and the Federal

6 Supplementary Medical Insurance Trust Fund, as esti7 mated by the Secretary)’’.

8 (4) Sections 709 and 710 (42 U.S.C. 910 and 911)

9 are amended by striking ‘‘Internal Revenue Code of 1954’’

10 each place it appears and inserting ‘‘Internal Revenue Code

11 of 1986’’.

12 (b) AMENDMENTS TO TITLE XI.—(1) Section 1101(a)

13 (42 U.S.C. 1301(a)) is amended by adding at the end the

14 following new paragraph:

15 ‘‘(10) The term ‘Administration’ means the So16 cial Security Administration, except where the con17 text requires otherwise.’’.

18 (2) Section 1106(a) (42 U.S.C. 1306(a)) is amended—

19 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’;

20 (B) by striking ‘‘Department of Health and

21 Human Services’’ each place it appears and inserting

22 ‘‘applicable agency’’;

23 (C) by striking ‘‘Secretary’’ each place it ap24 pears and inserting ‘‘head of the applicable agency’’;

25 and
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1 (D) by adding at the end the following new

2 paragraph:

3 ‘‘(2) For purposes of this subsection and subsection (b),

4 the term ‘applicable agency’ means—

5 ‘‘(A) the Social Security Administration, with

6 respect to matter transmitted to or obtained by such

7 Administration or matter disclosed by such Adminis8 tration, or

9 ‘‘(B) the Department of Health and Human

10 Services, with respect to matter transmitted to or ob11 tained by such Department or matter disclosed by

12 such Department.’’.

13 (3) Section 1106(b) (42 U.S.C. 1306(b)) is amended—

14 (A) by striking ‘‘Secretary’’ each place it ap15 pears and inserting ‘‘head of the applicable agency’’;

16 and

17 (B) by striking ‘‘Department of Health and

18 Human Services’’ and inserting ‘‘applicable agency’’.

19 (4) Section 1106(c) (42 U.S.C. 1306(c)) is amended—

20 (A) by striking ‘‘the Secretary’’ the first place it

21 appears and inserting ‘‘the Commissioner of Social

22 Security or the Secretary’’; and

23 (B) by striking ‘‘the Secretary’’ each subsequent

24 place it appears and inserting ‘‘such Commissioner or

25 Secretary’’.
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1 (5) Section 1107(b) (42 U.S.C. 1307(b)) is amended

2 by striking ‘‘the Secretary of Health and Human Services’’

3 and inserting ‘‘the Commissioner of Social Security or the

4 Secretary’’.

5 (6) Section 1110 (42 U.S.C. 1310) is amended—

6 (A) in subsection (a)(2), by inserting ‘‘(or the

7 Commissioner, with respect to any jointly financed

8 cooperative agreement or grant concerning titles II or

9 XVI)’’ after ‘‘Secretary’’;

10 (B) in subsection (b)—

11 (i) by striking ‘‘Secretary’’ each place it ap12 pears and inserting ‘‘Commissioner’’, and

13 (ii) by striking ‘‘the Secretary’s’’ each place

14 it appears and inserting ‘‘the Commissioner’s’’;

15 and

16 (C) by striking ‘‘he’’, ‘‘his’’, ‘‘him’’, and ‘‘him17 self’’ each place they appear (except in subsection

18 (b)(2)(A)) and inserting ‘‘the Commissioner’’, ‘‘the

19 Commissioner’s’’, ‘‘the Commissioner’’, and ‘‘himself

20 or herself’’, respectively.

21 (7) Subsections (b) and (c) of section 1127 (42 U.S.C.

22 1320a–6) are each amended by striking ‘‘Secretary’’ and

23 inserting ‘‘Commissioner of Social Security’’.

24 (8) Section 1128(f) (42 U.S.C. 1320a–7(f)) is amended

25 by inserting after ‘‘section 205(g)’’ the following: ‘‘, except
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1 that, in so applying such sections and section 205(l), any

2 reference therein to the Commissioner of Social Security or

3 the Social Security Administration shall be considered a

4 reference to the Secretary or the Department of Health and

5 Human Services, respectively’’.

6 (9) Section 1131 (42 U.S.C. 1320b–1) is amended—

7 (A) by striking ‘‘Secretary’’ each place it ap8 pears and inserting ‘‘Commissioner of Social Secu9 rity’’;

10 (B) in subsection (a)(1)(A), by adding ‘‘or’’ at

11 the end;

12 (C) in subsection (a)(1)(B), by striking ‘‘or’’ at

13 the end;

14 (D) by striking subsection (a)(1)(C);

15 (E) by redesignating subsection (a)(2) as sub16 section (a)(3);

17 (F) by inserting after subsection (a)(1) the fol18 lowing new paragraph:

19 ‘‘(2) the Secretary makes a finding of fact and a deci20 sion as to the entitlement under section 226 of any individ21 ual to hospital insurance benefits under part A of title

22 XVIII, or’’; and

23 (G) by striking ‘‘he’’ in the matter in subsection

24 (a) following paragraph (3) (as so redesignated) and

25 inserting ‘‘the Commissioner of Social Security’’.
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1 (10) Section 1155 (42 U.S.C. 1320c–4) is amended by

2 striking ‘‘(to the same extent as is provided in section

3 205(b))’’ and all that follows and inserting ‘‘(to the same

4 extent as beneficiaries under title II are entitled to a hear5 ing by the Commissioner of Social Security under section

6 205(b)). For purposes of the preceding sentence, subsection

7 (l) of section 205 shall apply, except that any reference in

8 such subsection to the Commissioner of Social Security or

9 the Social Security Administration shall be deemed a ref10 erence to the Secretary or the Department of Health and

11 Human Services, respectively. Where the amount in con12 troversy is $2,000 or more, such beneficiary shall be entitled

13 to judicial review of any final decision relating to a recon14 sideration described in this subsection.’’.

15 (11) Sections 1101, 1106, 1107, and 1137 (42 U.S.C.

16 1301, 1306, 1307, and 1320b–7, respectively) are amended

17 by striking ‘‘Internal Revenue Code of 1954’’ each place it

18 appears and inserting ‘‘Internal Revenue Code of 1986’’.

19 (c) AMENDMENTS TO TITLE XVIII.—(1) Subsections

20 (a) and (f) of section 1817 (42 U.S.C. 1395i) are amended

21 by striking ‘‘Secretary of Health and Human Services’’

22 each place it appears and inserting ‘‘Commissioner of So23 cial Security’’.

24 (2) Section 1840(a) (42 U.S.C. 1395s(a)) is amend25 ed—
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1 (A) in paragraph (1), by striking ‘‘Secretary’’

2 and inserting ‘‘Commissioner of Social Security’’,

3 and by adding at the end the following new sentence:

4 ‘‘Such regulations shall be prescribed after consulta5 tion with the Secretary.’’; and

6 (B) in paragraph (2), by striking ‘‘Secretary of

7 Health and Human Services’’ and inserting ‘‘Com8 missioner of Social Security’’.

9 (3) Section 1872 (42 U.S.C. 1395ii) is amended by

10 inserting after ‘‘title II’’ the following: ‘‘, except that, in

11 applying such provisions with respect to this title, any ref12 erence therein to the Commissioner of Social Security or

13 the Social Security Administration shall be considered a

14 reference to the Secretary or the Department of Health and

15 Human Services, respectively’’.

16 (4) Section 1869(b)(1) (42 U.S.C. 1395ff(b)(1)) and

17 the last sentence of section 1876(c)(5)(B) (42 U.S.C.

18 1395mm(c)(5)(B)) are amended by inserting after ‘‘section

19 205(g)’’ the following: ‘‘, except that, in so applying such

20 sections and section 205(l), any reference therein to the

21 Commissioner of Social Security or the Social Security Ad22 ministration shall be considered a reference to the Secretary

23 or the Department of Health and Human Services, respec24 tively’’.
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1 (5) Sections 1817, 1862, and 1886 (42 U.S.C. 1395i,

2 1395y, and 1395ww, respectively) are amended by striking

3 ‘‘Internal Revenue Code of 1954’’ each place it appears and

4 inserting ‘‘Internal Revenue Code of 1986’’.

5 (d) AMENDMENTS TO TITLE XIX.—(1) Section

6 1905(q)(2) (42 U.S.C. 1396d(q)(2)) is amended by striking

7 ‘‘Secretary’’ and inserting ‘‘Commissioner of Social Secu8 rity’’.

9 (2) Section 1910(b)(2) (42 U.S.C. 1396i(b)(2)) is

10 amended, in the first sentence, by inserting after ‘‘section

11 205(g)’’ the following: ‘‘, except that, in so applying such

12 sections and section 205(l), any reference therein to the

13 Commissioner of Social Security or the Social Security Ad14 ministration shall be considered a reference to the Secretary

15 or the Department of Health and Human Services, respec16 tively’’.

17 (e) AMENDMENT TO TITLE XX.—Section

18 2002(a)(2)(B) (42 U.S.C. 1397a(a)(2)(B)) is amended by

19 striking ‘‘Internal Revenue Code of 1954’’ and inserting

20 ‘‘Internal Revenue Code of 1986’’.

21 (f) AMENDMENTS TO TITLE 5, UNITED STATES

22 CODE.—Title 5, United States Code, is amended—

23 (1) by adding at the end of section 5311 the fol24 lowing new item:
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1 ‘‘Commissioner, Social Security Administra2 tion.’’;

3 (2) by adding at the end of section 5313 the fol4 lowing new item:

5 ‘‘Deputy Commissioner, Social Security Admin6 istration.’’; and

7 (3) by striking ‘‘Secretary of Health Education,

8 and Welfare’’ each place it appears in section 8141

9 and inserting ‘‘Commissioner of Social Security’’.

10 (g) AMENDMENTS TO FOOD STAMP ACT OF 1977.—(1)

11 Sections 6(c)(3) and 8(e)(6) of the Food Stamp Act of 1977

12 (7 U.S.C. 2015(c)(3) and 2017(e)(6)) are each amended by

13 inserting ‘‘the Commissioner of Social Security and’’ before

14 ‘‘the Secretary of Health and Human Services’’.

15 (2) Sections 6(g), 11(j), and 16(e) of such Act (7

16 U.S.C. 2015(g), 2020(j), and 2025(e)) are each amended by

17 striking ‘‘Secretary of Health and Human Services’’ each

18 place it appears and inserting ‘‘Commissioner of Social Se19 curity’’.

20 (3) Section 11(i) of such Act (7 U.S.C. 2020(i)) is

21 amended by adding ‘‘, the Commissioner of Social Secu22 rity’’ after ‘‘the Secretary’’.

23 (h) AMENDMENT TO TITLE 14, UNITED STATES

24 CODE.—Section 707(e)(3) of title 14, United States Code,

25 is amended by striking ‘‘Secretary of Health and Human
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1 Services’’ each place it appears and inserting ‘‘Commis2 sioner of Social Security’’.

3 (i) AMENDMENTS TO INTERNAL REVENUE CODE OF

4 1986.—(1) Subsections (c)(1), (c)(2)(E), (g)(1), (g)(2)(A),

5 and (g)(2)(B) of section 1402 of the Internal Revenue Code

6 of 1986 (26 U.S.C. 1402) are amended by striking ‘‘Sec7 retary of Health and Human Services’’ each place it ap8 pears and inserting ‘‘Commissioner of Social Security’’.

9 (2) Section 3121(b)(10)(B) of such Code (26 U.S.C.

10 3121(b)(10)(B)) is amended by striking ‘‘Secretary of

11 Health and Human Services’’ each place it appears and

12 inserting ‘‘Commissioner of Social Security’’.

13 (3) Section 3127 of such Code (26 U.S.C. 3127) is

14 amended by striking ‘‘Secretary of Health and Human

15 Services’’ each place it appears and inserting ‘‘Commis16 sioner of Social Security’’.

17 (4) Section 6050F(c)(1)(A) of such Code (26 U.S.C.

18 6050F(c)(1)(A)) is amended by striking ‘‘Secretary of

19 Health and Human Services’’ and inserting ‘‘Commissioner

20 of Social Security’’.

21 (5) Subsections (d) and (f) of section 6057 of such Code

22 (26 U.S.C. 6057) are amended by striking ‘‘Secretary of

23 Health and Human Services’’ each place it appears and

24 inserting ‘‘Commissioner of Social Security’’.
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1 (6) Section 6103(l)(5) of such Code (26 U.S.C.

2 6103(l)(5)) is amended—

3 (A) by striking ‘‘Department of Health and

4 Human Services’’ and inserting ‘‘Social Security Ad5 ministration’’; and

6 (B) by striking ‘‘Secretary of Health and

7 Human Services’’ and inserting ‘‘Commissioner of

8 Social Security’’.

9 (7) Subsections (d)(3)(C) and (e) of section 6402 of

10 such Code (26 U.S.C. 6402) are amended by striking ‘‘Sec11 retary of Health and Human Services’’ each place it ap12 pears and inserting ‘‘Commissioner of Social Security’’.

13 (8) Section 6511(d)(5) of such Code (26 U.S.C.

14 6511(d)(5)) is amended by striking ‘‘Secretary of Health

15 and Human Services’’ and inserting ‘‘Commissioner of So16 cial Security’’.

17 (j) AMENDMENTS TO TITLE 31, UNITED STATES

18 CODE.—Section 3720A(f) of title 31, United States Code,

19 is amended by striking ‘‘Secretary of Health and Human

20 Services’’ each place it appears in and inserting ‘‘Commis21 sioner of Social Security’’.

22 (k) AMENDMENTS TO TITLE 38, UNITED STATES

23 CODE.—Section 5105 of title 38, United States Code, is

24 amended—
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1 (1) by striking ‘‘Secretary of Health and Human

2 Services’’ each place it appears and inserting ‘‘Com3 missioner of Social Security’’; and

4 (2) by striking the second sentence of subsection

5 (b) and inserting the following new sentence: ‘‘A copy

6 of each such application filed with either the Sec7 retary or the Commissioner, together with any addi8 tional information and supporting documents (or cer9 tifications thereof) which may have been received by

10 the Secretary or the Commissioner with such applica11 tion, and which may be needed by the other official

12 in connection therewith, shall be transmitted by the

13 Secretary or the Commissioner receiving the applica14 tion to the other official.’’.

15 (l) AMENDMENTS TO INSPECTOR GENERAL ACT OF

16 1978.—The Inspector General Act of 1978 (5 U.S.C. App.)

17 is amended—

18 (1) in section 9(a)(1), by striking ‘‘and’’ at the

19 end of subparagraph (U), and by adding at the end

20 the following new subparagraph:

21 ‘‘(V) of the Social Security Administration,

22 the functions of the Inspector General of the De23 partment of Health and Human Services relat24 ing to the administration of the old-age, survi25 vors, and disability insurance program under
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1 title II of the Social Security Act and of the sup2 plemental security income program under title

3 XVI of such Act; and’’;

4 (2) in section 11(1), by striking ‘‘or’’ after

5 ‘‘Commission’’ and inserting a semicolon, and by in6 serting after ‘‘Board;’’ the following: ‘‘or the Commis7 sioner of Social Security;’’; and

8 (3) in section 11(2), by striking ‘‘or’’ after ‘‘In9 formation Agency,’’, and by inserting after ‘‘Veterans’

10 Administration’’ the following: ‘‘, or the Social Secu11 rity Administration;’’.

12 SEC. 203. RULES OF CONSTRUCTION.

13 (a) REFERENCES TO THE DEPARTMENT OF HEALTH

14 AND HUMAN SERVICES.—Whenever any reference is made

15 in any provision of law (other than this Act or a provision

16 of law amended by this Act), regulation, rule, record, or

17 document to the Department of Health and Human Serv18 ices with respect to such Department’s functions under the

19 old-age, survivors, and disability insurance program under

20 title II of the Social Security Act or the supplemental secu21 rity income program under title XVI of such Act, such ref22 erence shall be considered a reference to the Social Security

23 Administration.

24 (b) REFERENCES TO THE SECRETARY OF HEALTH AND

25 HUMAN SERVICES.—Whenever any reference is made in
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1 any provision of law (other than this Act or a provision

2 of law amended by this Act), regulation, rule, record, or

3 document to the Secretary of Health and Human Services

4 with respect to such Secretary’s functions under the old5 age, survivors, and disability insurance program under

6 title II of the Social Security Act or the supplemental secu7 rity income program under title XVI of such Act, such ref8 erence shall be considered a reference to the Commissioner

9 of Social Security.

10 (c) REFERENCES TO OTHER OFFICERS AND EMPLOY11 EES.—Whenever any reference is made in any provision of

12 law (other than this Act or a provision of law amended

13 by this Act), regulation, rule, record, or document to any

14 other officer or employee of the Department of Health and

15 Human Services with respect to such officer or employee’s

16 functions under the old-age, survivors, and disability insur17 ance program under title II of the Social Security Act or

18 the supplemental security income program under title XVI

19 of such Act, such reference shall be considered a reference

20 to the appropriate officer or employee of the Social Security

21 Administration.

22 SEC. 204. EFFECTIVE DATES.

23 (a) IN GENERAL.—Except as provided in subsection

24 (b), the provisions of this title shall take effect on the date

25 established pursuant to section 107(a).
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1 (b) EXCEPTIONS.—Subsections (f)(1), (f)(2), and (l) of

2 section 202 shall take effect on the date of the enactment

3 of this title.

4 TITLE III—SOCIAL SECURITY

5 DISABILITY AND REHABILITA6 TION

7 SEC. 301. SHORT TITLE.

8 This title may be cited as the ‘‘Social Security Disabil9 ity and Rehabilitation Act of 1994’’.

10 SEC. 302. REFORM OF MONTHLY INSURANCE BENEFITS

11 BASED ON DISABILITY INVOLVING SUB12 STANCE ABUSE.

13 (a) SOCIAL SECURITY DISABILITY INSURANCE.—

14 (1) IN GENERAL.—Section 223 of the Social Se15 curity Act (42 U.S.C. 423) is amended by adding at

16 the end the following new subsection:

17 ‘‘Limitation on Payment of Benefits by Reason of

18 Substance Abuse

19 ‘‘(j)(1)(A) Notwithstanding any other provision of this

20 title, no individual whose disability is based in whole or

21 in part on a medical determination that the individual is

22 a drug addict or alcoholic shall be entitled to benefits under

23 this title based on such disability with respect to any

24 month, unless such individual—
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1 ‘‘(i) is undergoing, or on a waiting list for, any

2 medical or psychological treatment that may be ap3 propriate for such individual’s condition as a drug

4 addict or alcoholic (as the case may be) and for the

5 stage of such individual’s rehabilitation at an institu6 tion or facility approved for purposes of this para7 graph by the Secretary (so long as access to such

8 treatment is reasonably available, as determined by

9 the Secretary), and

10 ‘‘(ii) demonstrates in such manner as the Sec11 retary requires, including at a continuing disability

12 review not later than one year after such determina13 tion, that such individual is complying with the

14 terms, conditions, and requirements of such treatment

15 and with the requirements imposed by the Secretary

16 under subparagraph (B).

17 ‘‘(B) The Secretary shall provide for the monitoring

18 and testing of all individuals who are receiving benefits

19 under this title and who as a condition of such benefits are

20 required to be undergoing treatment and complying with

21 the terms, conditions, and requirements thereof as described

22 in subparagraph (A), in order to assure such compliance

23 and to determine the extent to which the imposition of such

24 requirements is contributing to the achievement of the pur25 poses of this title. The Secretary may retain jurisdiction
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1 in the case of a hearing before the Secretary under this title

2 to the extent the Secretary determines necessary to carry

3 out the preceding sentence. The Secretary shall annually

4 submit to the Congress a full and complete report on the

5 Secretary’s activities under this paragraph.

6 ‘‘(C) The representative payee and the referral and

7 monitoring agency for any individual described in sub8 paragraph (A) shall report to the Secretary any noncompli9 ance with the terms, conditions, and requirements of the

10 treatment described in subparagraph (A) and with the re11 quirements imposed by the Secretary under subparagraph

12 (B).

13 ‘‘(D)(i) If the Secretary finds that an individual is

14 not complying with the terms, conditions, and requirements

15 of the treatment described in subparagraph (A), or with the

16 requirements imposed by the Secretary under subparagraph

17 (B), or both, the Secretary, in lieu of termination, may sus18 pend such individual’s benefits under this title until com19 pliance has been reestablished, including compliance with

20 any additional requirements determined to be necessary by

21 the Secretary.

22 ‘‘(ii) Any period of suspension under clause (i) shall

23 be taken into account in determining any 24-month period

24 described in subparagraph (E) and shall not be taken into
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1 account in determining the 36-month period described in

2 such subparagraph.

3 ‘‘(E)(i) Except as provided in clause (ii), no individ4 ual described in subparagraph (A) shall be entitled to bene5 fits under this title for any month following the 24-month

6 period beginning with the determination of the disability

7 described in such subparagraph.

8 ‘‘(ii) If at the end of the 24-month period described

9 in clause (i), the individual furnishes evidence in accord10 ance with subsection (d)(5) that the individual continues

11 to be under a disability based in whole or in part on a

12 medical determination that the individual is a drug addict

13 or alcoholic, such individual shall continue to be entitled

14 to benefits under this title based on such disability.

15 ‘‘(iii) Subject to clause (iv), if such an individual con16 tinues to be entitled to such benefits for an additional 24-

17 month period following a determination under clause (ii),

18 clauses (i) and (ii) shall apply with regard to any further

19 entitlement to such benefits following the end of such addi20 tional period.

21 ‘‘(iv) In no event shall such an individual be entitled

22 to benefits under this title for more than a total of 36

23 months, unless upon the termination of the 36th month such

24 individual furnishes evidence in accordance with subsection

25 (d)(5) that the individual is under a disability which is
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1 not related in part to a medical determination that the in2 dividual is a drug addict or alcoholic.

3 ‘‘(2)(A) Any benefits under this title payable to any

4 individual referred to in paragraph (1), including any ben5 efits payable in a lump sum amount, shall be payable only

6 pursuant to a certification of such payment to a qualified

7 organization acting as a representative payee of such indi8 vidual pursuant to section 205(j).

9 ‘‘(B) For purposes of subparagraph (A) and section

10 205(j)(4), the term ‘qualified organization’—

11 ‘‘(i) shall have the meaning given such term by

12 section 205(j)(4)(B), and

13 ‘‘(ii) shall mean an agency or instrumentality of

14 a State or a political subdivision of a State.

15 ‘‘(3) Monthly insurance benefits under this title which

16 would be payable to any individual (other than the disabled

17 individual to whom benefits are not payable by reason of

18 this subsection) on the basis of the wages and self-employ19 ment income of such a disabled individual but for the provi20 sions of paragraph (1), shall be payable as though such dis21 abled individual were receiving such benefits which are not

22 payable under this subsection.’’

23 (2) CONFORMING AMENDMENTS.—

24 (A) Section 205(j)(1) of such Act (42 U.S.C.

25 405(j)(1)) is amended by inserting ’’, or in the
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1 case of any individual referred to in section

2 223(j)(1)(A)’’ after ‘‘thereby’’.

3 (B) Section 205(j)(2)(D)(ii)(II) of such Act

4 (42 U.S.C. 405(j)(2)(D)(ii)(II)) is amended by

5 striking ‘‘legally incompetent or under the age of

6 15’’ and inserting ‘‘legally incompetent, under

7 the age of 15, or a drug addict or alcoholic re8 ferred to in section 223(j)(1)(A)’’.

9 (b) SUPPLEMENTAL SECURITY INCOME.—Paragraph

10 (3) of section 1611(e) of the Social Security Act (42 U.S.C.

11 1382(e)) is amended to read as follows:

12 ‘‘(3)(A)(i) No person who is an aged, blind, or disabled

13 individual solely by reason of disability (as determined

14 under section 1614(a)(3)) shall be an eligible individual or

15 eligible spouse for purposes of this title with respect to any

16 month if such individual’s disability is based in whole or

17 in part on a medical determination that the individual is

18 a drug addict or alcoholic, unless such individual—

19 ‘‘(I) is undergoing, or on a waiting list for, any

20 medical or psychological treatment that may be ap21 propriate for such individual’s condition as a drug

22 addict or alcoholic (as the case may be) and for the

23 stage of such individual’s rehabilitation at an institu24 tion or facility approved for purposes of this para25 graph by the Secretary (so long as access to such
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1 treatment is reasonably available, as determined by

2 the Secretary), and

3 ‘‘(II) demonstrates in such manner as the Sec4 retary requires, including at a continuing disability

5 review not later than one year after such determina6 tion, that such individual is complying with the

7 terms, conditions, and requirements of such treatment

8 and with the requirements imposed by the Secretary

9 under clause (ii).

10 ‘‘(ii) The Secretary shall provide for the monitoring

11 and testing of all individuals who are receiving benefits

12 under this title and who as a condition of such benefits are

13 required to be undergoing treatment and complying with

14 the terms, conditions, and requirements thereof as described

15 in clause (i), in order to assure such compliance and to

16 determine the extent to which the imposition of such re17 quirements is contributing to the achievement of the pur18 poses of this title. The Secretary may retain jurisdiction

19 in the case of a hearing before the Secretary under this title

20 to the extent the Secretary determines necessary to carry

21 out the preceding sentence. The Secretary shall annually

22 submit to the Congress a full and complete report on the

23 Secretary’s activities under this subparagraph.

24 ‘‘(iii) The representative payee and the referral and

25 monitoring agency for any individual described in clause
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1 (i) shall report to the Secretary any noncompliance with

2 the terms, conditions, and requirements of the treatment de3 scribed in clause (i) and with the requirements imposed by

4 the Secretary under clause (ii).

5 ‘‘(iv)(I) If the Secretary finds that an individual is

6 not complying with the terms, conditions, and requirements

7 of the treatment described in clause (i), or with the require8 ments imposed by the Secretary under clause (ii), or both,

9 the Secretary, in lieu of termination, may suspend such in10 dividual’s benefits under this title until compliance has

11 been reestablished, including compliance with any addi12 tional requirements determined to be necessary by the Sec13 retary.

14 ‘‘(II) Any period of suspension under subclause (I)

15 shall be taken into account in determining any 24-month

16 period described in clause (v) and shall not be taken into

17 account in determining the 36-month period described in

18 such clause.

19 ‘‘(v)(I) Except as provided in subclause (II), no indi20 vidual described in clause (i) shall be entitled to benefits

21 under this title for any month following the 24-month pe22 riod beginning with the determination of the disability de23 scribed in such clause.

24 ‘‘(II) If at the end of the 24-month period described

25 in subclause (I), the individual furnishes evidence in ac-
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1 cordance with section 223(d)(5) that the individual contin2 ues to be under a disability based in whole on a medical

3 determination that the individual is a drug addict or alco4 holic, such individual shall be entitled to benefits under this

5 title based on such disability for no more than an addi6 tional 36 months.

7 ‘‘(III) Subject to subclause (IV), if such an individual

8 continues to be entitled to such benefits for an additional

9 24-month period following a determination under subclause

10 (II), subclauses (I) and (II) shall apply with regard to any

11 further entitlement to such benefits following the end of such

12 additional period.

13 ‘‘(IV) In no event shall such an individual be entitled

14 to benefits under this title for more than a total of 36

15 months, unless upon the termination of the 36th month such

16 individual furnishes evidence in accordance with section

17 223(d)(5) that the individual is under a disability which

18 is not related in part to a medical determination that the

19 individual is a drug addict or alcoholic.

20 ‘‘(B)(i) Any benefits under this title payable to any

21 individual referred to in subparagraph (A), including any

22 benefits payable in a lump sum amount, shall be payable

23 only pursuant to a certification of such payment to a quali24 fied organization acting as a representative payee of such

25 individual pursuant to section 1631(a)(2)(A)(ii).
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1 ‘‘(ii) For purposes of clause (i) and section

2 1631(a)(2)(D), the term ‘qualified organization’—

3 ‘‘(I) shall have the meaning given such term by

4 section 1631(a)(2)(D)(ii), and

5 ‘‘(II) shall mean an agency or instrumentality of

6 a State or a political subdivision of a State.’’

7 (c) EFFECTIVE DATES; AUTHORIZATIONS.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the amendments made by this section shall

10 apply to benefits payable for determinations of dis11 ability made 90 or more days after the date of the en12 actment of this Act.

13 (2) CURRENT DETERMINATIONS.—

14 (A) IN GENERAL.—With respect to any in15 dividual described in subparagraph (B), the Sec16 retary of Health and Human Services shall pro17 vide during the 3-year period beginning after the

18 date of the enactment of this Act for the applica19 tion of the amendments made by this section to

20 such individual with the time periods described

21 in such amendments to begin upon such applica22 tion.

23 (B) INDIVIDUAL DESCRIBED.—An individ24 ual is described in this subparagraph if such in25 dividual is entitled to benefits under title II or
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1 XVI of the Social Security Act based on a dis2 ability determined before the date described in

3 paragraph (1) to be based in whole or in part

4 on a medical determination that the individual

5 is a drug addict or alcoholic.

6 (3) AUTHORIZATION OF APPROPRIATIONS.—

7 There are authorized to be appropriated such sums as

8 may be necessary to carry out the purposes of the pro9 visions of, and the amendments made by, this section.

10 SEC. 303. PRIORITY OF TREATMENT.

11 The Secretary of Health and Human Services, through

12 the Administrator of the Substance Abuse and Mental

13 Health Services Administration, shall assure that every in14 dividual receiving disability benefits under title II or XVI

15 of the Social Security Act based in whole or in part on

16 a medical determination that the individual is a drug ad17 dict or alcoholic be given high priority for treatment

18 through entities supported by the various States through

19 any substance abuse block grant authorized under law.

20 SEC. 304. ESTABLISHMENT OF REFERRAL MONITORING

21 AGENCIES REQUIRED IN ALL STATES.

22 The Secretary of Health and Human Services shall,

23 within 1 year of the date of the enactment of this Act, pro24 vide for the establishment of referral and monitoring agen25 cies for each State for the purpose of carrying out the treat-
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1 ment requirements under sections 223(j)(1) and

2 1611(e)(3)(A) of the Social Security Act (42 U.S.C.

3 423(j)(1) and 1382(e)(3)(A)).

4 SEC. 305. PROCEEDS FROM CERTAIN CRIMINAL ACTIVITIES

5 CONSTITUTE SUBSTANTIAL GAINFUL EM6 PLOYMENT.

7 (a) SOCIAL SECURITY DISABILITY INSURANCE.—Sec8 tion 223(d)(4) of the Social Security Act (42 U.S.C.

9 423(d)(4)) is amended by inserting the following after the

10 first sentence: ‘‘If an individual engages in a criminal ac11 tivity to support substance abuse, any proceeds derived

12 from such activity shall demonstrate such individual’s abil13 ity to engage in substantial gainful activity.’’.

14 (b) SUPPLEMENTAL SECURITY INCOME.—Section

15 1614(a)(3)(D) of the Social Security Act (42 U.S.C.

16 1382(a)(3)(D)) is amended by inserting the following after

17 the first sentence: ‘‘If an individual engages in a criminal

18 activity to support substance abuse, any proceeds derived

19 from such activity shall demonstrate such individual’s abil20 ity to engage in substantial gainful activity.’’.

21 (c) EFFECTIVE DATE.—The amendments made by this

22 section shall apply to disability determinations conducted

23 on or after the date of the enactment of this Act.
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1 SEC. 306. CONSISTENT PENALTY PROVISIONS FOR SSDI

2 AND SSI PROGRAMS.

3 (a) FELONY PENALTIES FOR FRAUD.—

4 (1) IN GENERAL.—Subsection (a) of section 1631

5 of the Social Security Act (42 U.S.C. 1383a) is

6 amended by striking ‘‘shall be guilty of a mis7 demeanor and upon conviction thereof shall be fined

8 not more than $1,000 or imprisoned for not more

9 than one year, or both’’ and inserting ‘‘shall be guilty

10 of a felony and upon conviction thereof shall be fined

11 under title 18, United States Code, or imprisoned for

12 not more than five years, or both’’.

13 (2) REPRESENTATIVE PAYEES.—

14 (A) SSDI.—Subsections (b) and (c) of sec15 tion 208 of such Act (42 U.S.C. 408) are amend16 ed to read as follows:

17 ‘‘(b)(1) Any person or other entity who is convicted

18 of a violation of any of the provisions of this section, if

19 such violation is committed by such person or entity in his

20 role as, or in applying to become, a certified payee under

21 section 205(j) on behalf of another individual (other than

22 such person’s spouse or an entity described in section

23 223(j)(2)(B)(ii)), shall be guilty of a felony and upon con24 viction thereof shall be fined under title 18, United States

25 Code, or imprisoned for not more than five years, or both.
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1 ‘‘(2) In any case in which the court determines that

2 a violation described in paragraph (1) includes a willful

3 misuse of funds by such person or entity, the court may

4 also require that full or partial restitution of such funds

5 be made to the individual for whom such person or entity

6 was the certified payee.

7 ‘‘(3) Any person or entity convicted of a felony under

8 this section or under section 1632(b) may not be certified

9 as a payee under section 205(j).

10 ‘‘(c) For the purpose of subsection (a)(7), the terms ‘so11 cial security number’ and ‘social security account number’

12 mean such numbers as are assigned by the Secretary under

13 section 205(c)(2) whether or not, in actual use, such num14 bers are called social security numbers.’’

15 (B) SSI.—Subsection (b)(1) of section 1632

16 of such Act (42 U.S.C. 1383a) is amended by

17 striking ‘‘(other than such person’s spouse)’’ and

18 all that follows through the period and inserting

19 ‘‘(other than such person’s spouse or an entity

20 described in section 1611(e)(3)(B)(ii)(II)), shall

21 be guilty of a felony and upon conviction thereof

22 shall be fined under title 18, United States Code,

23 or imprisoned for not more than five years, or

24 both.’’

25 (b) CIVIL ADMINISTRATIVE PENALTIES.—
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1 (1) SSDI.—Section 208 of the Social Security

2 Act (42 U.S.C. 408) is amended by adding at the end

3 the following new subsections:

4 ‘‘(e) For administrative penalties for false claims and

5 statements with respect to which an individual or other en6 tity knows or has reason to know such falsity, see chapter

7 38 of title 31, United States Code.

8 ‘‘(f) In the case of the second or subsequent imposition

9 of an administrative or criminal penalty on any person

10 or other entity under this section, the Secretary may exclude

11 such person or entity from participation in any program

12 under this title and titles V, XVI, XVIII, and XX, and may

13 direct that such person or entity be excluded from any State

14 health care program (as defined in section 1128(h)) and

15 any other Federal program as provided by law.’’

16 (2) SSI.—

17 (A) IN GENERAL.—Section 1632 of such Act

18 (42 U.S.C. 1383a) is amended by adding at the

19 end the following new subsections:

20 ‘‘(c) For administrative penalties for false claims and

21 statements with respect to which an individual or other en22 tity knows or has reason to know such falsity, see chapter

23 38 of title 31, United States Code.

24 ‘‘(d) In the case of the second or subsequent imposition

25 of an administrative or criminal penalty on any person
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1 or other entity under this section, the Secretary may exclude

2 such person or entity from participation in any program

3 under this title and titles II, V, XVIII, and XX, and may

4 direct that such person or entity be excluded from any State

5 health care program (as defined in section 1128(h)) and

6 any other Federal program as provided by law.’’

7 (B) CONFORMING AMENDMENT.—The head8 ing for section 1632 of such Act (42 U.S.C.

9 1383a) is amended by striking ‘‘FOR FRAUD’’.

10 (c) EFFECTIVE DATE.—The amendments made by this

11 section shall be effective on or after the date of the enactment

12 of this Act.

Attest:

Secretary.
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