I

103D CONGRESS

1ST SESSION H. R. 623

To establish the Social Security Administration as an independent agency,

which shall be headed by a Social Security Board, and which shall

be responsible for the administration of the old-age, survivors, and disability insurance program under title II of the Social Security Act and

the supplemental security income program under title XVI of such Act.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1993

Mr. MCCANDLESS introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To establish the Social Security Administration as an independent agency, which shall be headed by a Social Security Board, and which shall be responsible for the administration of the old-age, survivors, and disability insurance program under title II of the Social Security Act

and the supplemental security income program under

title XVI of such Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 This Act may be cited as the ‘‘Social Security Reor5 ganization Act of 1993’’.
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TABLE OF CONTENTS

Sec. 1. Short title and table of contents.

Sec. 2. Declaration of purpose.

TITLE I—ESTABLISHMENT OF THE SOCIAL SECURITY

ADMINISTRATION

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

independent agency; responsibilities of the agency.

Sec. 102. Social Security Board; Commissioner; Deputy Commissioner; Beneficiary Ombudsman; other officers.

Sec. 103. Personnel; budgetary matters; facilities and procurement; seal of

office.

Sec. 104. Transfers to the new Social Security Administration.

TITLE II—MISCELLANEOUS PROVISIONS AND CONFORMING

AMENDMENTS

Sec. 201. Contributor and beneficiary bill of rights.

Sec. 202. Amendments to titles II and XVI of the Social Security Act.

Sec. 203. Other Amendments.

Sec. 204. Rules of construction.

TITLE III—EFFECTIVE DATES AND TRANSITIONAL RULES

Sec. 301. Effective dates.

Sec. 302. Transitional rules.

1 SEC. 2. DECLARATION OF PURPOSE.

2 The purposes of this Act are as follows:

3 (1) to establish the Social Security Administra4 tion as an independent agency, separate from the

5 Department of Health and Human Services;

6 (2) to charge the Social Security Administra7 tion with administration of the old-age, survivors,

8 and disability insurance program and supplemental

9 security income program;

10 (3) to establish a Social Security Board as head

11 of the Social Security Administration and define the

12 powers and duties of such Board;
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1 (4) to establish a Commissioner of Social Secu2 rity and define the powers and duties of the Com3 missioner; and

4 (5) to provide for delegating major management

5 authorities to the Board and the Commissioner.

6 TITLE I—ESTABLISHMENT OF THE SOCIAL

7 SECURITY ADMINISTRATION

8 SEC. 101. ESTABLISHMENT OF SOCIAL SECURITY ADMINIS9 TRATION AS A SEPARATE, INDEPENDENT

10 AGENCY; RESPONSIBILITIES OF THE AGENCY.

11 Section 701 of the Social Security Act is amended

12 to read as follows:

13 ‘‘SOCIAL SECURITY ADMINISTRATION

14 ‘‘SEC. 701. There is hereby established, as an inde15 pendent agency in the executive branch of the Govern16 ment, a Social Security Administration. It shall be the

17 duty of the Administration to administer the old-age, sur18 vivors, and disability insurance program under title II and

19 the supplemental security income program under title

20 XVI.’’.

21 SEC. 102. SOCIAL SECURITY BOARD; COMMISSIONER; DEP22 UTY COMMISSIONER; BENEFICIARY OMBUDS23 MAN; OTHER OFFICERS.

24 (a) IN GENERAL.—Section 702 of the Social Security

25 Act is amended to read as follows:
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1 ‘‘SOCIAL SECURITY BOARD; COMMISSIONER; OTHER

2 OFFICERS

3 ‘‘Social Security Board

4 ‘‘SEC. 702. (a)(1)(A) The Administration shall be

5 governed by a Social Security Board. The Board shall be

6 composed of three members appointed by the President,

7 by and with the advice and consent of the Senate. The

8 members shall be chosen, on the basis of their integrity,

9 impartiality, and good judgment, from among individuals

10 who, by reason of their education, experience, and attain11 ments, are exceptionally qualified to perform the duties

12 of members of the Board.

13 ‘‘(B)(i) Except as provided in clauses (i) and (ii),

14 members of the Board shall be appointed for terms of six

15 years. A member of the Board may be removed only pur16 suant to a finding by the President of neglect of duty or

17 malfeasance in office. The President shall transmit any

18 such finding to the Speaker of the House of Representa19 tives and the Majority Leader of the Senate not later than

20 five days after the date on which such finding is made.

21 ‘‘(ii) Of the members first appointed—

22 ‘‘(I) one shall be appointed for a term ending

23 January 31, 1995,

24 ‘‘(II) one shall be appointed for a term ending

25 January 31, 1997, and
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1 ‘‘(III) one shall be appointed for a term ending

2 January 31, 1999,

3 as designated by the President at the time of appointment.

4 Such members shall be appointed after active consider5 ation of recommendations made by the chairman of the

6 Committee on Ways and Means of the House of Rep7 resentatives and of recommendations made by the chair8 man of the Committee on Finance of the Senate.

9 ‘‘(iii) The President may not nominate an individual

10 for appointment to a term of office as member of the

11 Board before the commencement of the President’s term

12 of office in which the member’s term of office commences.

13 Any member appointed to a term of office after the com14 mencement of such term may serve under such appoint15 ment only for the remainder of such term. A member may,

16 at the request of the President, serve for not more than

17 one year after the expiration of his or her term until his

18 or her successor has taken office. A member of the Board

19 may be appointed for additional terms.

20 ‘‘(C) Not more than two members of the Board shall

21 be of the same political party.

22 ‘‘(D) A member of the Board may not, during his

23 or her term as member, otherwise serve as an officer or

24 employee of any government. If any member of the Board

25 becomes an officer or employee of any government, such
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1 member may continue as a member of the Board for not

2 longer than the 30-day period beginning on the date such

3 member becomes such an officer or employee.

4 ‘‘(E) Two members of the Board shall constitute a

5 quorum, except that one member may hold hearings.

6 ‘‘(F) A member of the Board shall be designated from

7 time to time by the President to serve as Chairperson of

8 the Board.

9 ‘‘(G) The Board shall meet at the call of the Chair10 person or two members of the Board.

11 ‘‘(2) Each member of the Board shall be compensated

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

13 ‘‘(3) The Board shall—

14 ‘‘(A) govern by regulation the old-age, survi15 vors, and disability insurance program under title II

16 and the supplemental security income program

17 under title XVI,

18 ‘‘(B) appoint a Commissioner of Social Secu19 rity, as described in subsection (b), to act as the

20 chief operating officer of the Administration respon21 sible for administering such programs,

22 ‘‘(C) constitute three of the members the Board

23 of Trustees of the Federal Old-Age and Survivors

24 Insurance Trust Fund and the Federal Disability

25 Insurance Trust Fund, with the Chairperson of the
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1 Social Security Board serving as Chairperson of

2 such Board of Trustees,

3 ‘‘(D) make annual budgetary recommendations

4 relating to the Administration and defend such rec5 ommendations before the appropriate committees of

6 each House of the Congress,

7 ‘‘(E) make recommendations to the Congress

8 and the President as to the most effective methods

9 of providing economic security through social insur10 ance and as to legislation and matters of administra11 tive policy concerning such programs,

12 ‘‘(F) provide the Congress and the President

13 with the ongoing actuarial and other analysis under14 taken by the Administration with respect to such

15 programs and any other information relating to such

16 programs, and

17 ‘‘(G) conduct policy analysis and research relat18 ing to such programs.

19 ‘‘(4)(A) The Board may prescribe such rules and reg20 ulations as the Board determines necessary or appropriate

21 to carry out the functions of the Administration.

22 ‘‘(B) The Board may establish, alter, consolidate, or

23 discontinue such organizational units or components with24 in the Administration as the Board considers necessary

25 or appropriate to carry out its functions, except that this
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1 subparagraph shall not apply with respect to any unit,

2 component, or position provided for by this Act.

3 ‘‘(C) The Board may, with respect to the administra4 tion of the old-age, survivors, and disability insurance pro5 gram under title II and the supplemental security income

6 program under title XVI, assign duties, and delegate, or

7 authorize successive redelegations of, authority to act and

8 to render decisions, to such officers and employees as the

9 Board may find necessary. Within the limitations of such

10 delegations, redelegations, or assignments, all official acts

11 and decisions of such officers and employees shall have

12 the same force and effect as though performed or rendered

13 by the Board.

14 ‘‘Commissioner of Social Security

15 ‘‘(b)(1) There shall be in the Administration a Com16 missioner of Social Security who shall be appointed by the

17 Social Security Board.

18 ‘‘(2)(A) The Commissioner shall be appointed for a

19 term of five years, except that the individual first ap20 pointed to the office of Commissioner shall be appointed

21 for a term ending September 30, 1995. An individual ap22 pointed to a term of office as Commissioner after the com23 mencement of such term may serve under such appoint24 ment only for the remainder of such term. An individual

25 may, at the request of the Chairperson of the Board, serve
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1 as Commissioner after the expiration of his or her term

2 for not more than one year until his or her successor has

3 taken office. An individual may be appointed as Commis4 sioner for additional terms.

5 ‘‘(B) An individual may be removed from the office

6 of Commissioner before completion of his or her term only

7 for cause found by the Board.

8 ‘‘(3) The Commissioner shall be compensated at the

9 rate provided for level II of the Executive Schedule.

10 ‘‘(4) The Commissioner shall—

11 ‘‘(A) constitute the chief operating officer of the

12 Administration, responsible for administering, in ac13 cordance with applicable statutes and regulations,

14 the old-age, survivors, and disability insurance pro15 gram under title II and the supplemental security

16 income program under title XVI,

17 ‘‘(B) establish and maintain an efficient and ef18 fective operational structure for the Administration,

19 ‘‘(C) devise and implement long-term plans to

20 promote and maintain the effective implementation

21 of such programs,

22 ‘‘(D) make annual budgetary recommendations

23 of the Administration for the ongoing administrative

24 costs of the Administration and defend such rec25 ommendations before the Board and before the ap-
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1 propriate Committees of each House of the Con2 gress,

3 ‘‘(E) advise the Board and the Congress of the

4 effect on the administration of such programs of

5 proposed legislative changes in such programs,

6 ‘‘(F) serve as Secretary of the Board of Trust7 ees of the Federal Old-Age, Survivors, and Disability

8 Insurance Trust Fund and the Federal Disability

9 Insurance Trust Fund, and

10 ‘‘(G) report in December of each year to the

11 Board for transmittal to the Congress concerning

12 the administrative endeavors and accomplishments

13 of the Administration.

14 Any reference to the Board in this Act or any other provi15 sion of law in connection with the exercise of a function

16 of the Board which is delegated to the Commissioner pur17 suant to this section shall be considered a reference to the

18 Commissioner.

19 ‘‘Deputy Commissioner of Social Security

20 ‘‘(c)(1) There shall be in the Office of the Commis21 sioner a Deputy Commissioner, who shall be appointed by

22 the Board. The Deputy Commissioner shall be appointed

23 for a term coextensive with the term of the Commissioner

24 and may be removed by the Board only for cause.
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1 ‘‘(2) The Deputy Commissioner shall be compensated

2 at the rate provided for level III of the Executive Schedule.

3 ‘‘(3) The Deputy Commissioner shall perform such

4 duties and exercise such powers as the Commissioner shall

5 from time to time assign or delegate. The Deputy Com6 missioner shall be Acting Commissioner of Social Security

7 during the absence or disability of the Commissioner and,

8 unless the Board designates another officer of the Govern9 ment, in the event of a vacancy in the office of Com10 missioner.

11 ‘‘Beneficiary Ombudsman

12 ‘‘(d)(1) The Board shall by regulation establish in the

13 Administration an Office of the Beneficiary Ombudsman,

14 to be headed by a Beneficiary Ombudsman appointed by

15 the Board.

16 ‘‘(2) The Beneficiary Ombudsman shall be appointed

17 for a term of five years, except that the individual first

18 appointed to the office of Beneficiary Ombudsman shall

19 be appointed for a term ending September 30, 1991. An

20 individual appointed to a term of office as Beneficiary Om21 budsman after the commencement of such term may serve

22 under such appointment only for the remainder of such

23 term. An individual may, at the request of the Chairperson

24 of the Board, serve as Beneficiary Ombudsman after the

25 expiration of his or her term for not more than one year
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1 until his or her successor has taken office. An individual

2 may be appointed as Beneficiary Ombudsman for addi3 tional terms.

4 ‘‘(3) The duties of the Beneficiary Ombudsman are

5 as follows:

6 ‘‘(A) to represent the interests and concerns of

7 beneficiaries under the old-age, survivors, and dis8 ability insurance program under title II and the sup9 plemental security income program under title XVI

10 within the Administration’s decisionmaking process;

11 ‘‘(B) to review the Administration’s policies and

12 procedures for possible adverse effects on such

13 beneficiaries;

14 ‘‘(C) to recommend changes in policies which

15 have caused problems for such beneficiaries;

16 ‘‘(D) to help resolve the problems under such

17 programs of individual beneficiaries; and

18 ‘‘(E) to represent the views of beneficiaries in

19 the design of forms and the issuance of instructions.

20 ‘‘(4) The Board shall assure that the Office of the

21 Beneficiary Ombudsman has staff sufficient to enable the

22 Beneficiary Ombudsman to efficiently carry out his or her

23 duties. Such staff shall be located in the regional offices,

24 program centers, and central office of the Administration.
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1 ‘‘(5) The annual report of the Board under section

2 704 shall include a description of the activities of the Ben3 eficiary Ombudsman.

4 ‘‘General Counsel

5 ‘‘(e) There shall be in the Administration a General

6 Counsel, who shall be appointed by and serve at the pleas7 ure of the Board. The General Counsel shall be the prin8 cipal legal officer in the Administration.

9 ‘‘Inspector General

10 ‘‘(f) There shall be in the Administration an Office

11 of the Inspector General. Such Office shall be headed by

12 an Inspector General appointed in accordance with the In13 spector General Act of 1978.’’.

14 (b) INTERIM AUTHORITY OF THE COMMISSIONER.—

15 The President shall nominate for appointment the initial

16 members of the Social Security Board not later than 180

17 days after the date of the enactment of this Act. In the

18 event that, as of the effective date of the amendment made

19 by this Act to section 702 of the Social Security Act, all

20 members of the Social Security Board have not been ap21 pointed, until all members of the Board have been ap22 pointed, the officer serving on the date of the enactment

23 of this Act as Commissioner of Social Security in the De24 partment of Health and Human Services (or Acting Com25 missioner, if applicable), or such officer’s successor, shall,
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1 while continuing to serve as Commissioner of Social Secu2 rity (or Acting Commissioner) in such Department, serve

3 as head of the Social Security Administration established

4 under section 701 of the Social Security Act (as amended

5 by this Act) and shall assume the powers and duties of

6 such Board and of the Commissioner of Social Security

7 under such Act (as amended by this Act).

8 SEC. 103. PERSONNEL; BUDGETARY MATTERS; FACILITIES

9 AND PROCUREMENT; SEAL OF OFFICE.

10 Section 703 of the Social Security Act is amended

11 to read as follows:

12 ‘‘ADMINISTRATIVE DUTIES OF THE SOCIAL SECURITY

13 BOARD

14 ‘‘Personnel

15 ‘‘SEC. 703. (a)(1) The Social Security Board shall

16 appoint such additional officers and employees as it con17 siders necessary to carry out its functions. Except as oth18 erwise provided in any other provision of law, such officers

19 and employees shall be appointed, and their compensation

20 shall be fixed, in accordance with title 5, United States

21 Code.

22 ‘‘(2) The Board may appoint, without regard to the

23 provisions of title 5, United States Code, governing ap24 pointments in the competitive service, such technical or

25 professional employees as the Board considers appro26 priate, and such employees may be paid without regard
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1 to the provisions of chapter 51 and subchapter III of chap2 ter 53 of such title relating to classification and General

3 Schedule pay rates.

4 ‘‘(3) The Board may procure the services of experts

5 and consultants in accordance with the provisions of sec6 tion 3109 of title 5, United States Code.

7 ‘‘(4) The Director of the Office of Personnel Manage8 ment shall delegate to the Board, pursuant to section

9 1104 of title 5, United States Code, and subject to appli10 cable limitations under such title relating to delegations

11 under such section, the functions relating to—

12 ‘‘(A) recruitment and examination programs for

13 entry level employees, and

14 ‘‘(B) classification and standards development

15 systems and pay ranges for those job categories

16 identified by the Board in assuming such delegation.

17 The Director of the Office of Personnel Management shall

18 provide any assistance requested by the Board in assum19 ing such delegation.

20 ‘‘(5) Notwithstanding any requirements of section

21 3133 of title 5, United States Code, the Director of the

22 Office of Personnel Management shall authorize for the

23 Administration a total number of Senior Executive Service

24 positions equal to 200 percent of the number of such posi25 tions in the Social Security Administration in the Depart-
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1 ment of Health and Human Services as of immediately

2 before the date of the enactment of the Social Security

3 Reorganization Act of 1985, and the total number of such

4 positions authorized for the Administration pursuant to

5 such section 3133 shall not at any time be less than such

6 number.

7 ‘‘(6) In addition to the positions of the Administra8 tion in the Executive Schedule specified in section 702,

9 the Administration is authorized six additional positions

10 at level IV of the Executive Schedule and six additional

11 positions at level V of the Executive Schedule.

12 ‘‘Budgetary Matters

13 ‘‘(b)(1) Appropriations requests for staffing and per14 sonnel of the Administration shall be based upon a com15 prehensive work force plan, which shall be established and

16 revised from time to time by the Board. The entire amount

17 of appropriations provided for the administrative costs of

18 the Administration shall be apportioned in the time period

19 provided in title 31, United States Code, for apportion20 ment and shall be apportioned for the entire period of

21 availability without restriction or deduction by the appor22 tioning officer or employee of the Office of Management

23 and Budget or any other entity within the executive

24 branch of the Federal Government, except as otherwise

25 provided in this subsection.
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1 ‘‘(2) The report submitted pursuant to section 704

2 shall include a section reflecting the use of budget author3 ity provided to the Administration by quarters.

4 ‘‘(3)(A) Authority of the Administration for auto5 mated data processing procurement and facilities con6 struction shall be provided in the form of contract author7 ity covering the total costs of such acquisitions, to be

8 available until expended.

9 ‘‘(B) Amounts necessary for the liquidation of con10 tract authority provided pursuant to this paragraph are

11 hereby made available from the Federal Old-Age and Sur12 vivors Insurance Trust Fund and the Federal Disability

13 Insurance Trust Fund to the extent that the Board, with

14 the concurrence of the Secretary of the Treasury, deter15 mines that such amounts are not necessary to meet the

16 current obligations for benefit payments from the Trust

17 Funds.

18 ‘‘(C) Funds appropriated for the Administration to

19 be available on a contingency basis shall be apportioned

20 only upon the occurrence of the stipulated contingency, as

21 determined by the Board and reported to each House of

22 the Congress.

23 ‘‘Mandatory Delegations from Administrator of General

24 Services

25 ‘‘(c)(1) The Board shall have—
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1 ‘‘(A) all authorities permitted to be delegated

2 under the provisions of Federal law codified under

3 title 40 of the United States Code, relating to the

4 acquisition, operation, and maintenance of the facili5 ties needed for the administration of programs for

6 which the Board is given responsibility under this

7 Act,

8 ‘‘(B) all authorities permitted to be delegated

9 under section 111 of the Federal Property and Ad10 ministrative Services Act of 1949 (40 U.S.C. 759),

11 relating to the lease, purchase, or maintenance of

12 automated data processing equipment, and

13 ‘‘(C) the authority to contract for any auto14 mated data processing equipment or services which

15 the Board considers necessary for the efficient and

16 effective operation of such programs.

17 ‘‘(2) The Administrator of the General Services Ad18 ministration shall provide any assistance requested by the

19 Board in assuming the delegations required under para20 graph (1).’’.

21 ‘‘Seal of Office

22 ‘‘(d) The Board shall cause a seal of office to be made

23 for the Administration of such design as the Board shall

24 approve. Judicial notice shall be taken of such seal.’’.
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1 SEC. 104. TRANSFERS TO THE NEW SOCIAL SECURITY AD2 MINISTRATION.

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

4 Security Administration all functions carried out by the

5 Secretary of Health and Human Services with respect to

6 the programs and activities the administration of which

7 is vested in the Social Security Administration by reason

8 of this Act and the amendments made thereby. The Social

9 Security Board shall allocate such functions in accordance

10 with sections 701, 702, and 703 of the Social Security

11 Act (as amended by this Act).

12 (b) PERSONNEL, ASSETS, ETC.—(1) There are trans13 ferred from the Department of Health and Human Serv14 ices to the Social Security Administration, for appropriate

15 allocation by the Social Security Board in the Social

16 Security Administration—

17 (A) the personnel employed in connection with

18 the functions transferred by this Act and the amend19 ments made thereby, and

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

21 records, and unexpended balance of appropriations,

22 authorizations, allocations, and other funds em23 ployed, held, or used in connection with such func24 tions, arising from such functions, or available, or to

25 be made available, in connection with such functions.
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1 (2) Unexpended funds transferred pursuant to this

2 subsection shall be used only for the purposes for which

3 the funds were originally authorized and appropriated.

4 (c) ABOLISHMENT OF OFFICE OF COMMISSIONER IN

5 THE DEPARTMENT OF HEALTH AND HUMAN SERV6 ICES.—Effective upon the appointment of all initial mem7 bers of the Social Security Board pursuant to section 702

8 of the Social Security Act (as amended by this Act), the

9 position of Commissioner of Social Security in the Depart10 ment of Health and Human Services is abolished.

11 TITLE II—MISCELLANEOUS PROVISIONS AND

12 CONFORMING AMENDMENTS

13 SEC. 201. CONTRIBUTOR AND BENEFICIARY BILL OF

14 RIGHTS.

15 Title VII of the Social Security Act is further amend16 ed by adding at the end thereof the following new section:

17 ‘‘CONTRIBUTOR AND BENEFICIARY BILL OF RIGHTS

18 ‘‘Principles for Implementation of Act

19 ‘‘SEC. 711. (a) The provisions of this Act should be

20 implemented consistent with the following principles:

21 ‘‘(1) All persons should be treated fairly and

22 equitably by the Social Security Board and the Sec23 retary with proper regard and protection for their

24 rights under this Act, their constitutional rights, and

25 their privacy.
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1 ‘‘(2) The Social Security Board and the Sec2 retary should not discriminate against persons on

3 account of their age, sex, race, creed, color, handi4 cap, national origin, or economic condition.

5 ‘‘(3) The Board and the Secretary should each

6 maintain prompt, professional, and effective service

7 which is accessible and responsive to the commu8 nities and persons which they serve.

9 ‘‘Enforcement of Principles

10 ‘‘(b) In carrying out their responsibilities under this

11 Act, the Social Security Board and the Secretary, pursu12 ant to authority otherwise available, shall take any action,

13 including the issuance of rules, regulations, or directives,

14 which is consistent with the provisions of this Act and

15 which the Social Security Board or the Secretary (as the

16 case may be) determines is necessary to ensure that the

17 administration of this Act is based on and embodies the

18 principles set forth in subsection (a) and that such prin19 ciples are publicly displayed in each office of the Social

20 Security Administration.’’.

21 SEC. 202. AMENDMENTS TO TITLES II AND XVI OF THE SO22 CIAL SECURITY ACT.

23 (a) Title II (other than section 201, section 231(c),

24 section 226, and section 226A) and title XVI of the Social

25 Security Act are each amended—
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1 (1) by striking out, wherever it appears therein,

2 ‘‘Secretary of Health and Human Services’’ and in3 serting in lieu thereof ‘‘Social Security Board’’;

4 (2) by striking out, wherever it appears therein,

5 ‘‘Department of Health and Human Services’’ and

6 inserting in lieu thereof ‘‘Social Security Administra7 tion’’;

8 (3) by striking out, wherever it appears therein,

9 ‘‘Department’’ (but only if it is not immediately suc10 ceeded by the words ‘‘of Health and Human Serv11 ices’’, and only if it is used in reference to the De12 partment of Health and Human Services) and in13 serting in lieu thereof ‘‘Administration’’; and

14 (4) by striking out, wherever it appears therein,

15 each of the following words (but, in the case of any

16 such word only if such word refers to the Secretary

17 of Health and Human Services): ‘‘Secretary’’, ‘‘Sec18 retary’s’’, ‘‘his’’, ‘‘him’’, and ‘‘he’’, and inserting in

19 lieu thereof (in the case of the word ‘‘Secretary’’)

20 ‘‘Social Security Board’’, (in the case of the word

21 ‘‘Secretary’s’’) ‘‘Board’s’’, (in the case of the word

22 ‘‘his’’) ‘‘the Board’s’’, (in the case of the word

23 ‘‘him’’) ‘‘the Board’’, and (in the case of the word

24 ‘‘he’’) ‘‘the Board’’.
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1 (b)(1) Section 201(a)(3) of such Act is amended by

2 striking out ‘‘Secretary of Health and Human Services’’

3 and inserting in lieu thereof ‘‘Social Security Board’’.

4 (2) Section 201(c) of such Act is amended—

5 (A) in the first sentence, by striking out ‘‘shall

6 be composed of’’ and all that follows down through

7 ‘‘ex officio’’ and inserting in lieu thereof the follow8 ing: ‘‘shall be composed of the members of the Social

9 Security Board, the Secretary of the Treasury, and

10 the Secretary of Health and Human Services, all ex

11 officio’’; and

12 (B) by inserting after the first sentence the fol13 lowing new sentence: ‘‘The Chairperson of the Social

14 Security Board shall be the Chairperson of the

15 Board of Trustees.’’.

16 (3) Section 201(g)(1)(A) of such Act is amended—

17 (A) in clause (i), by striking out ‘‘by him and

18 the Secretary of Health and Human Services’’ and

19 inserting in lieu thereof ‘‘by him, the Social Security

20 Board, and the Secretary of Health and Human

21 Services’’, and by striking out ‘‘by the Department

22 of Health and Human Services and the Treasury

23 Department’’ and inserting in lieu thereof ‘‘by the

24 Social Security Administration, the Department of
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1 Health and Human Services, and the Department of

2 the Treasury’’;

3 (B) in clause (ii), by striking out ‘‘method pre4 scribed by the Board of Trustees under paragraph

5 (4)’’ and inserting in lieu thereof ‘‘applicable method

6 prescribed under paragraph (4)’’, by striking out

7 ‘‘the Secretary of Health and Human Services’’ and

8 inserting in lieu thereof ‘‘the Social Security Board

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

10 and by striking out ‘‘the Department of Health and

11 Human Services’’ and inserting in lieu thereof ‘‘the

12 Social Security Administration and the Department

13 of Health and Human Services’’; and

14 (C) by striking out the last sentence and insert15 ing in lieu thereof the following: ‘‘There are hereby

16 authorized to be made available for expenditure, out

17 of any or all of the Trust Funds, such amounts as

18 the Congress may deem appropriate to pay the costs

19 of the part of the administration of this title and

20 title XVI for which the Social Security Board is re21 sponsible, the costs of title XVIII for which the Sec22 retary of Health and Human Services is responsible,

23 and the costs of carrying out the functions of the

24 Social Security Administration, specified in section

25 232, which relate to the administration of provisions
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1 of the Internal Revenue Code of 1954 other than

2 those referred to in clause (i) of the first sentence

3 of this subparagraph.’’.

4 (4) Section 201(g)(1) of such Act is further amended

5 by striking out subparagraph (B) and inserting in lieu

6 thereof the following new subparagraphs:

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

8 ‘‘(i) the Social Security Board shall determine

9 (I) the portion of the costs, incurred during such fis10 cal year, of administration of this title and title XVI

11 and of carrying out the functions of the Social Secu12 rity Administration, specified in section 232, which

13 relate to the administration of provisions of the In14 ternal Revenue Code of 1954 (other than those re15 ferred to in clause (i) of the first sentence of sub16 paragraph (A)), which should have been borne by

17 the general fund in the Treasury, (II) the portion of

18 such costs which should have been borne by the Fed19 eral Old-Age and Survivors Insurance Trust Fund,

20 and (III) the portion of such costs which should

21 have been borne by the Federal Disability Insurance

22 Trust Fund, and

23 ‘‘(ii) the Secretary of Health and Human Serv24 ices shall determine (I) the portion of the costs, in25 curred during such fiscal year, of administration of
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1 title XVIII which should have been borne by the

2 general fund in the Treasury, (II) the portion of

3 such costs which should have been borne by the Fed4 eral Hospital Insurance Trust Fund, and (III) the

5 portion of such costs which should have been borne

6 by the Federal Supplementary Medical Insurance

7 Trust Fund,

8 except that the determination of the amounts to be borne

9 by the general fund in the Treasury with respect to ex10 penditures incurred in carrying out such functions speci11 fied in section 232 shall be made pursuant to the applica12 ble method prescribed under paragraph (4) of this sub13 section.

14 ‘‘(C) After the determinations under subparagraph

15 (B) have been made for any fiscal year, the Social Security

16 Board and the Secretary of Health and Human Services

17 shall each certify to the Managing Trustee the amounts

18 which should be transferred from each of the Trust Funds

19 to the general fund in the Treasury and from the general

20 fund in the Treasury to each of the Trust Funds, in order

21 to ensure that each of the Trust Funds and the general

22 fund in the Treasury have borne their proper share of the

23 costs, incurred during such fiscal year, for (i) the part of

24 the administration of this title and title XVI for which

25 the Social Security Board is responsible, (ii) the part of
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1 the administration of this title and title XVIII for which

2 the Secretary of Health and Human Services is respon3 sible, and (iii) carrying out the functions of the Social Se4 curity Administration, specified in section 232, which re5 late to the administration of provisions of the Internal

6 Revenue Code of 1954 (other than those referred to in

7 clause (i) of the first sentence of subparagraph (A)). The

8 Managing Trustee shall transfer any such amounts in ac9 cordance with any certification so made.’’.

10 (5) Section 201(g)(2) of such Act is amended, in the

11 second sentence, by striking out ‘‘established and main12 tained by the Secretary of Health and Human Services’’

13 and inserting in lieu thereof ‘‘maintained by the Social Se14 curity Board’’, and by striking out ‘‘Secretary shall fur15 nish’’ and inserting in lieu thereof ‘‘Social Security

16 Board shall furnish’’.

17 (6) Section 201(g)(4) of such Act is amended to read

18 as follows:

19 ‘‘(4) The Social Security Board shall utilize the meth20 od prescribed pursuant to this paragraph, as of imme21 diately before the date of the enactment of the Social Se22 curity Reorganization Act of 1985, for determining the

23 costs which should be borne by the general fund in the

24 Treasury of carrying out the functions of the Board, speci25 fied in section 232, which relate to the administration of
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1 provisions of the Internal Revenue Code of 1954 (other

2 than those referred to in clause (i) of the first sentence

3 of paragraph (1)(A)). If at any time or times thereafter

4 the Board considers such action advisable, it may modify

5 the method of determining such costs.’’.

6 (7) Section 201(i)(1) of such Act is amended to read

7 as follows:

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

9 of the United States money gifts and bequests made un10 conditionally to the Federal Old-Age and Survivors Insur11 ance Trust Fund, the Federal Disability Insurance Trust

12 Fund, the Federal Hospital Insurance Trust Fund, or the

13 Federal Supplementary Medical Insurance Trust Fund or

14 to the Social Security Administration, the Department of

15 Health and Human Services, or any part or officer there16 of, for the benefit of any of such Funds or any activity

17 financed through such Funds.’’.

18 (8) Subsections (j) and (k) of section 201 of such

19 Act are each amended by striking out ‘‘Secretary’’ each

20 place it appears and inserting in lieu thereof ‘‘Social Secu21 rity Board’’.

22 (9) Section 201(l)(3)(B)(iii)(II) of such Act is

23 amended by striking out ‘‘Secretary’’ and inserting in lieu

24 thereof ‘‘Social Security Board’’.
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1 (10) Section 201(m)(3) of such Act is amended by

2 striking out ‘‘Secretary of Health and Human Services’’

3 and inserting in lieu thereof ‘‘Social Security Board’’.

4 (c) Section 231(c) of such Act is amended by striking

5 out ‘‘Secretary determines’’ and inserting in lieu thereof

6 ‘‘Social Security Board and the Secretary jointly deter7 mine’’.

8 SEC. 203. OTHER AMENDMENTS.

9 (a) Section 411 of the Social Security Act is amend10 ed—

11 (1) in subsection (a), by striking out ‘‘Sec12 retary’’ and inserting in lieu thereof ‘‘Social Security

13 Board, at the request of the Secretary,’’; and

14 (2) in subsection (b), by striking out ‘‘Sec15 retary’’ each place it appears and inserting in lieu

16 thereof ‘‘Social Security Board’’.

17 (b)(1) Section 704 of such Act is amended to read

18 as follows:

19 ‘‘REPORTS

20 ‘‘SEC. 704. The Secretary and the Social Security

21 Board shall make full reports to Congress, within 120

22 days after the beginning of each regular session, of the

23 administration of the functions with which they are

24 charged under this Act. In addition to the number of cop25 ies of such reports authorized by other law to be printed,

26 there is hereby authorized to be printed not more than
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1 5,000 copies of each such report for use by the Secretary

2 and Social Security Board for distribution to Members of

3 Congress and to State and other public or private agencies

4 or organizations participating in or concerned with the

5 programs provided for in this Act.’’.

6 (2) Section 709(b)(2) of such Act is amended by

7 striking out ‘‘(as estimated by the Secretary)’’ and insert8 ing in lieu thereof ‘‘, as estimated by the Social Security

9 Board or the Secretary (whichever administers the pro10 gram involved),’’.

11 (3) Title VII of such Act is further amended by add12 ing at the end thereof the following new section:

13 ‘‘DUTIES OF SECRETARY

14 ‘‘SEC. 712. The Secretary shall perform the duties

15 imposed upon him by this Act and shall also have the duty

16 of studying and making recommendations as to the most

17 effective methods of providing economic security and as

18 to legislation and matters of administrative policy concern19 ing the programs administered by the Secretary and relat20 ed subjects; except that nothing in this section shall be

21 construed to require the Secretary to make studies or rec22 ommendations with respect to programs administered by

23 the Social Security Administration.’’.

24 (c)(1) Section 1101(a) of such Act is amended by

25 adding at the end thereof the following new paragraph:
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1 ‘‘(10) The term ‘Administration’ means the So2 cial Security Administration.’’.

3 (2) Section 1106(a) of such Act is amended—

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

5 (B) by striking out ‘‘Department of Health and

6 Human Services’’ and inserting in lieu thereof ‘‘ap7 plicable agency’’;

8 (C) by striking out ‘‘Secretary’’ and inserting in

9 lieu thereof ‘‘head of the applicable agency’’; and

10 (D) by adding at the end thereof the following

11 new paragraph:

12 ‘‘(2) For purposes of this subsection and subsection

13 (b), the term ‘applicable agency’ means—

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

15 respect to matter transmitted to or obtained by such

16 Administration or matter disclosed by such Adminis17 tration, or

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

19 Services, with respect to matter transmitted to or

20 obtained by such Department or matter disclosed

21 by such Department.’’.

22 (3) Section 1106(b) of such Act is amended—

23 (A) by striking out ‘‘Secretary’’ and inserting in

24 lieu thereof ‘‘head of the applicable agency’’; and
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1 (B) by striking out ‘‘Department of Health and

2 Human Services’’ and inserting in lieu thereof ‘‘ap3 plicable agency’’.

4 (4) Section 1106(c) of such Act is amended—

5 (A) by striking out ‘‘the Secretary’’ the first

6 place it appears and inserting in lieu thereof ‘‘the

7 Social Security Board or the Secretary’’; and

8 (B) by striking out ‘‘the Secretary’’ each subse9 quent place it appears and inserting in lieu thereof

10 ‘‘such Board or Secretary’’.

11 (5) Section 1107(b) of such Act is amended by strik12 ing out ‘‘the Secretary of Health and Human Services’’

13 and inserting in lieu thereof ‘‘the Social Security Board

14 or the Secretary’’.

15 (6) Section 1110 of such Act is amended—

16 (A) by striking out ‘‘Secretary’’ each place it

17 appears and inserting in lieu thereof ‘‘Social Secu18 rity Board’’; and

19 (B) by striking out ‘‘he’’, ‘‘his’’, ‘‘him’’, and

20 ‘‘himself’’ each place they appear (except in sub21 section (b)(2)(A)) and inserting in lieu thereof ‘‘the

22 Board’’, ‘‘the Board’s’’, ‘‘the Board’’, and ‘‘itself’’,

23 respectively.
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1 (7) Section 1127 of such Act is amended by striking

2 out ‘‘Secretary’’ and inserting in lieu thereof ‘‘Social Secu3 rity Board’’.

4 (8) Section 1128(e) of such Act is amended by insert5 ing after ‘‘section 205(g)’’ the following: ‘‘, except that,

6 in so applying such sections, any reference therein to the

7 Social Security Board shall be considered a reference to

8 the Secretary’’.

9 (9) Section 1131 of such Act is amended—

10 (A) by striking out ‘‘Secretary’’ each place it

11 appears and inserting in lieu thereof ‘‘Social Secu12 rity Board’’;

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

14 the end thereof;

15 (C) in subsection (a)(1)(B), by striking out

16 ‘‘or’’ at the end thereof;

17 (D) by striking out subsection (a)(1)(C);

18 (E) by redesignating subsection (a)(2) as sub19 section (a)(3);

20 (F) by inserting after subsection (a)(1) the fol21 lowing new paragraph:

22 ‘‘(2) the Secretary makes a finding of fact and

23 a decision as to the entitlement under section 226

24 of any individual to hospital insurance benefits

25 under part A of title XVIII, or’’;
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1 and

2 (G) by striking out ‘‘he’’ in the matter in sub3 section (a) following paragraph (3) (as so redesig4 nated) and inserting in lieu thereof ‘‘the Social Se5 curity Board’’.

6 (10) Section 1155 of such Act is amended by striking

7 out ‘‘(to the same extent as is provided in section 205(b))’’

8 and inserting in lieu thereof ‘‘(to the same extent as bene9 ficiaries under title II are entitled to a hearing by the So10 cial Security Board under section 205(b))’’.

11 (d)(1) Subsections (a) and (f) of section 1817 of such

12 Act are amended by striking out ‘‘Secretary of Health and

13 Human Services’’ each place it appears and inserting in

14 lieu thereof ‘‘Social Security Board’’.

15 (2) Section 1840(a) of such Act is amended—

16 (A) in paragraph (1), by striking out ‘‘Sec17 retary’’ and inserting in lieu thereof ‘‘Social Security

18 Board’’, and by adding at the end thereof the follow19 ing new sentence: ‘‘Such regulations shall be pre20 scribed only after consultation with the Secretary.’’;

21 and

22 (B) in paragraph (2), by striking out ‘‘Sec23 retary of Health and Human Services’’ and inserting

24 in lieu thereof ‘‘Social Security Board’’.
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1 (3) Section 1872 of such Act is amended by inserting

2 after ‘‘title II’’ the following: ‘‘, except that, in applying

3 such provisions with respect to this title, any reference

4 therein to the Social Security Board shall be considered

5 a reference to the Secretary’’.

6 (4) Sections 1862(d)(3), 1869(b)(1), and 1869(c) of

7 such Act and the last sentence of section 1876(c)(5)(B)

8 of such Act are amended by inserting after ‘‘section

9 205(g)’’ the following: ‘‘, except that, in so applying such

10 sections, any reference therein to the Social Security

11 Board shall be considered a reference to the Secretary’’.

12 (e) Section 1910(c)(2) of such Act is amended, in the

13 first sentence, by inserting after ‘‘section 205(g)’’ the fol14 lowing: ‘‘, except that, in so applying such sections, any

15 reference therein to the Social Security Board shall be

16 considered a reference to the Secretary’’.

17 (f) Title 5, United States Code, is amended—

18 (1) by adding at the end of section 5313 the

19 following new items:

20 ‘‘Members, Social Security Board (3).

21 ‘‘Commissioner of Social Security.’’;

22 (2) by adding at the end of section 5314 the

23 following new item:

24 ‘‘Deputy Commissioner of Social Security.’’;
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1 (3) by adding at the end of section 5315 the

2 following new items:

3 ‘‘General Counsel, Social Security Administra4 tion.

5 ‘‘Additional officers, Social Security Adminis6 tration (6).’’;

7 (4) by adding at the end of section 5316 the

8 following new items:

9 ‘‘Inspector General, Social Security Administra10 tion.

11 ‘‘Additional officers, Social Security Adminis12 tration (6).’’; and

13 (5) by striking out ‘‘Secretary of Health and

14 Human Services’’ each place it appears in section

15 8141 and inserting in lieu thereof ‘‘Social Security

16 Board’’.

17 (g) The Food Stamp Act of 1977 is amended—

18 (1) in section 6 (7 U.S.C. 2015), by striking

19 out ‘‘Secretary of Health and Human Services’’ and

20 inserting in lieu thereof ‘‘Social Security Board’’;

21 and

22 (2) in section 17(d) (7 U.S.C. 2026(d)), by in23 serting after ‘‘Services’’ the following: ‘‘and the So24 cial Security Board’’.
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1 (h) Section 707 of title 14, United States Code, is

2 amended by striking out ‘‘Secretary of Health and Human

3 Services’’ each place it appears and inserting in lieu there4 of ‘‘Social Security Board’’.

5 (i)(1) Subsections (c)(1), (c)(2)(E), (g)(1), (g)(3)(A),

6 and (g)(3)(B) of section 1402 of the Internal Revenue

7 Code of 1954 are amended by striking out ‘‘Secretary of

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

9 inserting in lieu thereof ‘‘Social Security Board’’.

10 (2) Section 3121(b)(10)(B) of such Code is amended

11 by striking out each place it appears ‘‘Secretary of Health

12 and Human Services’’ and inserting in lieu thereof ‘‘Social

13 Security Board’’.

14 (3) Subsections (d) and (f) of section 6057 of such

15 Code are amended by striking out ‘‘Secretary of Health

16 and Human Services’’ each place it appears and inserting

17 in lieu thereof ‘‘Social Security Board’’.

18 (4) Section 6103(l)(5) of such Code is amended—

19 (A) by striking out ‘‘Department of Health and

20 Human Services’’ and inserting in lieu thereof ‘‘So21 cial Security Administration’’; and

22 (B) by striking out ‘‘Secretary of Health and

23 Human Services’’ and inserting in lieu thereof ‘‘So24 cial Security Board’’.
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1 (5) Section 6511(d)(5) of such Code is amended by

2 striking out ‘‘Secretary of Health and Human Services’’

3 and inserting in lieu thereof ‘‘Social Security Board’’.

4 (j) Section 3005 of title 38, United States Code, is

5 amended by striking out ‘‘Secretary of Health and Human

6 Services’’ and ‘‘Secretary’’ each place they appear and in7 serting in lieu thereof ‘‘Social Security Board’’.

8 (k) The Inspector General Act of 1978 (5 U.S.C.

9 App.) is amended—

10 (1) in section 2(1), by striking out ‘‘and the

11 Veterans’ Administration’’ and inserting in lieu

12 thereof ‘‘the Veterans’ Administration, and the So13 cial Security Administration’’;

14 (2) in section 9(a)(1), by striking out ‘‘and’’ at

15 the end of subparagraph (M), and by adding at the

16 end thereof the following new subparagraph:

17 ‘‘(O) of the Social Security Administration

18 (to the extent provided in the Social Security

19 Reorganization Act of 1985), the functions of

20 the Inspector General of the Department of

21 Health and Human Services relating to the ad22 ministration of the old-age, survivors, and dis23 ability insurance program under title II of the

24 Social Security Act and of the supplemental se-
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1 curity income program under title XVI of such

2 Act; and’’;

3 (3) in section 11(1), by striking out ‘‘or’’ after

4 ‘‘Transportation’’ and inserting in lieu thereof a

5 comma, and by inserting after ‘‘Affairs,’’ the follow6 ing: ‘‘or the Social Security Board,’’; and

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

8 ‘‘Transportation’’, and by inserting after ‘‘Veterans’

9 Administration,’’ the following: ‘‘or the Social Secu10 rity Administration,’’.

11 SEC. 204. RULES OF CONSTRUCTION.

12 (a) REFERENCES TO THE DEPARTMENT OF HEALTH

13 AND HUMAN SERVICES.—Whenever any reference is made

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

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

16 document to the Department of Health and Human Serv17 ices with respect such Department’s functions under the

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

19 title II of the Social Security Act or the supplemental se20 curity income program under title XVI of such Act, such

21 reference shall be considered a reference to the Social Se22 curity Administration.

23 (b) REFERENCES TO THE SECRETARY OF HEALTH

24 AND HUMAN SERVICES.—Whenever any reference is made

25 in any provision of law (other than this Act or a provision
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1 of law amended by this Act), regulation, rule, record, or

2 document to the Secretary of Health and Human Services

3 with respect to such Secretary’s functions under such pro4 grams, such reference shall be considered a reference to

5 the Social Security Board.

6 (c) REFERENCES TO OTHER OFFICERS AND EM7 PLOYEES.—Whenever any reference is made in any provi8 sion of law (other than this Act or a provision of law

9 amended by this Act), regulation, rule, record, or docu10 ment to any other officer or employee of the Department

11 of Health and Human Services with respect to such officer

12 or employee’s functions under such programs, such ref13 erence shall be considered a reference to the appropriate

14 officer or employee of the Social Security Administration.

15 TITLE III—EFFECTIVE DATES AND

16 TRANSITIONAL RULES

17 SEC. 301. EFFECTIVE DATES.

18 (a) AMENDMENTS IN TITLE I.—(1) Sections 101,

19 102(a), 103, and 104 of this Act shall take effect 180 days

20 after the date of the enactment of this Act.

21 (2) Section 102(b) of this Act shall take effect on

22 the date of the enactment of this Act.

23 (b) AMENDMENTS IN TITLE II.—Title II of this Act

24 shall take effect 180 days after the date of the enactment

25 of this Act, except that subsections (f)(1), (f)(2), (f)(3),
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1 (f)(4), and (k) of section 206 shall take effect on the date

2 of the enactment of this Act.

3 SEC. 302. TRANSITIONAL RULES.

4 (a) INTERIM AUTHORITY FOR APPOINTMENT AND

5 COMPENSATION.—At any time after the date of the enact6 ment of this Act—

7 (1) any of the officers provided for in section

8 702 of the Social Security Act (as amended by title

9 I of this Act) may be nominated and appointed, as

10 provided in such section, and

11 (2) the Social Security Board, upon nomination

12 and appointment of all of the members thereof, may

13 prescribe regulations providing for the orderly trans14 fer of proceedings before the Secretary of Health

15 and Human Services to the Social Security Board.

16 Funds available to any official or component of the De17 partment of Health and Human Services, functions of

18 which are transferred to the Social Security Board or the

19 Social Security Administration by this Act, may with the

20 approval of the Director of the Office of Management and

21 Budget, be used to pay the compensation and expenses

22 of any officer appointed pursuant to this section until such

23 time as funds for that purpose are otherwise available.

24 (b) CONTINUATION OF ORDERS, DETERMINATIONS,

25 RULES, REGULATIONS, ETC.—All orders, determinations,
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1 rules, regulations, permits, contracts, certificates, licenses,

2 and privileges—

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

4 granted, or allowed to become effective, in the exer5 cise of functions (A) which were exercised by the

6 Secretary of Health and Human Services (or his del7 egate), and (B) which relate to functions which, by

8 reason of this Act, the amendments made thereby,

9 and regulations prescribed thereunder, are vested in

10 the Social Security Board, and

11 (2) which are in effect immediately before the

12 effective date specified in section 301(a)(1),

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

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

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

16 repealed by such Board.

17 (c) CONTINUATION OF PROCEEDINGS.—The provi18 sions of this Act (including the amendments made there19 by) shall not affect any proceeding pending at the time

20 this Act takes effect before the Secretary of Health and

21 Human Services with respect to functions vested (by rea22 son of this Act, the amendments made thereby, and regu23 lations prescribed thereunder) in the Social Security

24 Board, except that such proceedings, to the extent that

25 they relate to such functions, shall continue before such
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1 Board. Orders shall be issued under any such proceeding,

2 appeals taken therefrom, and payments shall be made pur3 suant to such orders, in like manner as if this Act had

4 not been enacted, and orders issued in any such proceed5 ing shall continue in effect until modified, terminated, su6 perseded, or repealed by such Board, by a court of com7 petent jurisdiction, or by operation of law.

8 (d) CONTINUATION OF SUITS.—Except as provided

9 in this subsection—

10 (1) the provisions of this Act shall not affect

11 suits commenced prior to the effective date specified

12 in section 301(a)(1); and

13 (2) in all such suits proceedings shall be had,

14 appeals taken, and judgments rendered, in the same

15 manner and effect as if this Act had not been en16 acted.

17 No cause of action, and no suit, action, or other proceed18 ing commenced by or against any officer in his official ca19 pacity as an officer of the Department of Health and

20 Human Services, shall abate by reason of the enactment

21 of this Act. Causes of action, suits, actions, or other pro22 ceedings may be asserted by or against the United States

23 and the Social Security Administration, or such official of

24 such Administration as may be appropriate, and, in any

25 litigation pending when this section takes effect, the court
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1 may at any time, on its own motion or that of a party,

2 enter an order which will give effect to the provisions of

3 this subsection (including, where appropriate, an order for

4 substitution of parties).

5 (e) CONTINUATION OF PENALTIES.—This Act shall

6 not have the effect of releasing or extinguishing any crimi7 nal prosecution, penalty, forfeiture, or liability incurred as

8 a result of any function which (by reason of this Act, the

9 amendments made thereby, and regulations prescribed

10 thereunder) is vested in the Social Security Board.

11 (f) JUDICIAL REVIEW.—Orders and actions of the

12 Social Security Board in the exercise of functions vested

13 in such Board under this Act (and the amendments made

14 thereby) shall be subject to judicial review to the same

15 extent and in the same manner as if such orders and ac16 tions had been taken by the Secretary of Health and

17 Human Services in the exercise of such functions imme18 diately preceding the effective date of this Act. Any statu19 tory requirements relating to notice, hearings, action upon

20 the record, or administrative review that apply to any

21 function so vested in such Board shall continue to apply

22 to the exercise of such function by such Board.

23 (g) EXERCISE OF FUNCTIONS.—In the exercise of the

24 functions vested in the Social Security Board under this

25 Act, the amendments made thereby, and regulations pre-
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1 scribed thereunder, such Board shall have the same au2 thority as that vested in the Secretary of Health and

3 Human Services with respect to the exercise of such func4 tions immediately preceding the vesting of such functions

5 in such Board, and actions of such Board shall have the

6 same force and effect as when exercised by such Secretary.

7 (h) OPERATION OF TRANSITIONAL RULES IN THE

8 EVENT OF INTERIM AUTHORITY IN THE COMMIS9 SIONER.—For purposes of this section, in any case in

10 which the powers and duties to be transferred to the Social

11 Security Board are transferred to the Commissioner of So12 cial Security (or acting Commissioner) in the Department

13 of Health and Human Services for an interim period pur14 suant to section 102(b) of this Act, the preceding provi15 sions of this section shall apply with respect to the trans16 fer of such powers and duties to and from such Commis17 sioner (or acting Commissioner) pursuant to such section

18 in the same manner and to the same extent as they would

19 have applied to a direct transfer from the Secretary of

20 Health and Human Services to the Social Security Board

21 if all initial appointments to such Board had been made.

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