103D CONGRESS

2D SESSION S. 1560

AN ACT

To establish the Social Security Administration as

an independent agency, and for other purposes.
103D CONGRESS

2D SESSION S. 1560

AN ACT

To establish the Social Security Administration as an

independent agency, and for other purposes.

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; AMENDMENT OF SOCIAL SECU4 RITY ACT; TABLE OF CONTENTS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Social Security Administration Independence Act of

7 1994’’.
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1 (b) AMENDMENT OF SOCIAL SECURITY ACT.—Ex2 cept as otherwise expressly provided, whenever in this Act

3 an amendment is expressed in terms of an amendment to

4 or repeal of, a section or other provision, the reference

5 shall be considered to be made to that section or other

6 provision of the Social Security Act.

7 (c) TABLE OF CONTENTS.—The table of contents of

8 this 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.
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1 TITLE I—ESTABLISHMENT OF

2 NEW INDEPENDENT AGENCY

3 SEC. 101. ESTABLISHMENT OF SOCIAL SECURITY ADMINIS4 TRATION AS A SEPARATE, INDEPENDENT

5 AGENCY.

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

7 follows:

8 ‘‘SOCIAL SECURITY ADMINISTRATION

9 ‘‘SEC. 701. There is hereby established, as an inde10 pendent agency in the executive branch of the Govern11 ment, a Social Security Administration (hereafter in this

12 title referred to as the ‘Administration’). It shall be the

13 duty of the Administration to administer the old-age, sur14 vivors, and disability insurance program under title II and

15 the supplemental security income program under title

16 XVI.’’.

17 SEC. 102. COMMISSIONER AND DEPUTY COMMISSIONER OF

18 SOCIAL SECURITY.

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

20 follows:

21 ‘‘COMMISSIONER AND DEPUTY COMMISSIONER

22 ‘‘Commissioner of Social Security

23 ‘‘SEC. 702. (a)(1) There shall be in the Administra24 tion a Commissioner of Social Security (hereafter in this

25 title referred to as the ‘Commissioner’) who shall be ap-
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1 pointed by the President, with the advice and consent of

2 the Senate.

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

4 rate provided for level I of the Executive Schedule.

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

6 of 4 years coincident with the term of the President, or

7 until the appointment of a qualified successor.

8 ‘‘(4) The Commissioner shall be responsible for the

9 exercise of all powers and the discharge of all duties of

10 the Administration, and shall have authority and control

11 over all personnel and activities thereof.

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

13 regulations as the Commissioner determines necessary or

14 appropriate to carry out the functions of the Administra15 tion. The regulations prescribed by the Commissioner shall

16 be subject to the rulemaking procedures established under

17 section 553 of title 5, United States Code.

18 ‘‘(6) The Commissioner may establish, alter, consoli19 date, or discontinue such organizational units or compo20 nents within the Administration as the Commissioner con21 siders necessary or appropriate, except that this para22 graph shall not apply with respect to any unit, component,

23 or provision provided for by this Act.

24 ‘‘(7) The Commissioner may assign duties, and dele25 gate, or authorize successive redelegations of, authority to
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1 act and to render decisions, to such officers and employees

2 of the Administration as the Commissioner may find nec3 essary. Within the limitations of such delegations,

4 redelegations, or assignments, all official acts and deci5 sions of such officers and employees shall have the same

6 force and effect as though performed or rendered by the

7 Commissioner.

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

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

10 the ‘Secretary’) shall consult, on an ongoing basis, to en11 sure—

12 ‘‘(A) the coordination of the programs adminis13 tered by the Commissioner, as described in section

14 701, with the programs administered by the Sec15 retary under titles XVIII and XIX of this Act; and

16 ‘‘(B) that adequate information concerning ben17 efits under such titles XVIII and XIX shall be avail18 able to the public.

19 ‘‘Deputy Commissioner of Social Security

20 ‘‘(b)(1) There shall be in the Administration a Dep21 uty Commissioner of Social Security (hereafter in this title

22 referred to as the ‘Deputy Commissioner’) who shall be

23 appointed by the President, with the advice and consent

24 of the Senate.
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1 ‘‘(2) The Deputy Commissioner shall be appointed

2 for a term of 4 years coincident with the term of the

3 Commissioner, or until the appointment of a qualified

4 successor.

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

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

7 ‘‘(4) The Deputy Commissioner shall perform such

8 duties and exercise such powers as the Commissioner shall

9 from time to time assign or delegate. The Deputy Com10 missioner shall be Acting Commissioner of the Adminis11 tration during the absence or disability of the Commis12 sioner and, unless the President designates another officer

13 of the Government as Acting Commissioner, in the event

14 of a vacancy in the office of the Commissioner.’’.

15 SEC. 103. SOCIAL SECURITY ADVISORY BOARD.

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

17 follows:

18 ‘‘SOCIAL SECURITY ADVISORY BOARD

19 ‘‘Establishment of Board

20 ‘‘SEC. 703. (a) There shall be established a Social

21 Security Advisory Board (hereinafter referred to as the

22 ‘Board’).

23 ‘‘Functions of the Board

24 ‘‘(b) The Board shall advise the Commissioner on

25 policies related to the old-age, survivors, and disability in26 surance program under title II and the supplemental secu-
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1 rity income program under title XVI. Specific functions

2 of the Board shall include—

3 ‘‘(1) analyzing the Nation’s retirement and dis4 ability systems and making recommendations with

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

6 insurance program and the supplemental security in7 come program, supported by other public and pri8 vate systems, can most effectively assure economic

9 security;

10 ‘‘(2) studying and making recommendations re11 lating to the coordination of programs that provide

12 health security with programs described in para13 graph (1);

14 ‘‘(3) making recommendations to the President

15 and to the Congress with respect to policies that will

16 ensure the solvency of the old-age, survivors, and

17 disability insurance program, both in the short-term

18 and the long-term;

19 ‘‘(4) making recommendations to the President

20 of candidates to consider in selecting nominees for

21 the position of Commissioner and Deputy Commis22 sioner;

23 ‘‘(5) reviewing and assessing the quality of

24 service that the Administration provides to the

25 public;
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1 ‘‘(6) reviewing and making recommendations

2 with respect to policies and regulations regarding

3 the old-age, survivors, and disability insurance pro4 gram and the supplemental security income pro5 gram;

6 ‘‘(7) increasing public understanding of the so7 cial security system;

8 ‘‘(8) in consultation with the Commissioner, re9 viewing the development and implementation of a

10 long-range research and program evaluation plan for

11 the Administration;

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

13 of social security as may come to the attention of

14 the Board; and

15 ‘‘(10) conducting such other reviews and assess16 ments that the Board determines to be appropriate.

17 ‘‘Structure and Membership of the Board

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

19 shall be appointed as follows:

20 ‘‘(1) 3 members shall be appointed by the

21 President, with the advice and consent of the Sen22 ate. Not more than 2 of such members shall be from

23 the same political party.

24 ‘‘(2) 2 members (each member from a different

25 political party) shall be appointed by the President
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1 pro tempore of the Senate with the advice of the

2 Chairman and the Ranking Minority Member of the

3 Senate Committee on Finance.

4 ‘‘(3) 2 members (each member from a different

5 political party) shall be appointed by the Speaker of

6 the House of Representatives, with the advice of the

7 Chairman and the Ranking Minority Member of the

8 House Committee on Ways and Means.

9 ‘‘Terms of Appointment

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

11 of 6 years, except that—

12 ‘‘(1) a member appointed to fill a vacancy oc13 curring prior to the expiration of the term for which

14 a predecessor was appointed, shall be appointed for

15 the remainder of such term; and

16 ‘‘(2) the terms of service of the members ini17 tially appointed under this section shall expire as

18 follows:

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

20 initially appointed by the President shall expire

21 as designated by the President at the time of

22 nomination, 1 each at the end of—

23 ‘‘(i) 2 years;

24 ‘‘(ii) 4 years; and

25 ‘‘(iii) 6 years.
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1 ‘‘(B) The terms of service of members ini2 tially appointed by the President pro tempore of

3 the Senate shall expire as designated by the

4 President pro tempore of the Senate at the time

5 of nomination, 1 each at the end of—

6 ‘‘(i) 4 years; and

7 ‘‘(ii) 6 years.

8 ‘‘(C) The terms of service of members ini9 tially appointed by the Speaker of the House of

10 Representatives shall expire as designated by

11 the Speaker of the House of Representatives at

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

13 ‘‘(i) 3 years; and

14 ‘‘(ii) 5 years.

15 ‘‘Chairman

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

17 the President to serve as Chairman for a term of 4 years,

18 coincident with the term of the President, or until the des19 ignation of a successor.

20 ‘‘Compensation

21 ‘‘(f) Members of the Board shall be compensated as

22 follows:

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

24 25 percent of the rate for level III of the Executive

25 Schedule.
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1 ‘‘(2) For days when the Board or any author2 ized subcommittee of the Board meets, members

3 who attend meetings on such days (including travel

4 time) shall receive additional compensation in an

5 amount equal to the daily equivalent of the rate for

6 level III of the Executive Schedule.

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

8 away from their homes or regular places of business,

9 members may be allowed travel expenses, including

10 per diem in lieu of subsistence, as authorized by sec11 tion 5703 of title 5, United States Code, for persons

12 in the Government employed intermittently.

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

14 as Federal service or employment for purposes of re15 ceiving any benefits under chapters 83, 84, and 87

16 of title 5, United States Code.

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

18 of a health benefits plan under chapter 89 of title

19 5, United States Code. Such a member electing cov20 erage shall have the applicable employee contribu21 tions under section 8906 of such title withheld from

22 pay for service as a member of the Board. The Ad23 ministration shall pay the applicable Government

24 contributions under such section 8906 for such

25 member. The Office of Personnel Management shall
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1 promulgate regulations to apply the provisions of

2 chapter 89 of such title to Board members electing

3 coverage as provided under this paragraph.

4 ‘‘Meetings

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

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

7 by the Chairman in consultation with the other members

8 of the Board.

9 ‘‘Federal Advisory Committee Act

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

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

12 ‘‘Personnel

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

14 United States Code, appoint a Staff Director who shall

15 be paid at a rate equivalent to a rate for the Senior Execu16 tive Service.

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

18 5, United States Code, to appoint and fix the compensa19 tion of such additional personnel as the Board determines

20 to be necessary to carry out the functions of the Board.

21 ‘‘(3) In fixing the compensation of additional person22 nel under paragraph (2), the Board shall not authorize

23 that any individual appointed under such paragraph be

24 compensated at a rate that is greater than the rate of com25 pensation of the Staff Director described in paragraph (1).
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1 ‘‘Authorization of Appropriation

2 ‘‘(j) There are authorized to be made available for

3 expenditure, out of the Federal Disability Insurance Trust

4 Fund, the Federal Old Age and Survivors Insurance Trust

5 Fund, and the general fund in the Treasury, such sums

6 as the Congress may deem appropriate to carry out the

7 purposes of this section.’’.

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

9 OFFICE.

10 Section 704 is amended to read as follows:

11 ‘‘ADMINISTRATIVE DUTIES OF THE COMMISSIONER

12 ‘‘Personnel

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

14 such additional officers and employees as the Commis15 sioner considers necessary to carry out the functions of

16 the Administration under this Act. Except as otherwise

17 provided in any other provision of law, such officers and

18 employees shall be appointed, and their compensation shall

19 be fixed, in accordance with title 5, United States Code.

20 ‘‘(2) The Commissioner may procure the services of

21 experts and consultants in accordance with the provisions

22 of section 3109 of title 5, United States Code.

23 ‘‘(3) Notwithstanding any requirements of section

24 3133 of title 5, United States Code, the Director of the

25 Office of Personnel Management shall authorize for the

26 Administration a total number of Senior Executive Service
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1 positions which is substantially greater than the number

2 of such positions authorized in the Social Security Admin3 istration in the Department of Health and Human Serv4 ices as of immediately before the date of the enactment

5 of the Social Security Administration Independence Act

6 of 1994 to the extent that the greater number of such

7 authorized positions is specified in the comprehensive

8 work force plan as established and revised by the Commis9 sioner under subsection (b)(1). The total number of such

10 positions authorized for the Administration shall not at

11 any time be less than the number of such authorized posi12 tions as of immediately before such date.

13 ‘‘Budgetary Matters

14 ‘‘(b)(1) Appropriations requests for staffing and per15 sonnel of the Administration shall be based upon a com16 prehensive work force plan, which shall be established and

17 revised from time to time by the Commissioner.

18 ‘‘(2) Appropriations for administrative expenses of

19 the Administration are authorized to be provided on a bi20 ennial basis.

21 ‘‘(3) Funds appropriated for the Administration to

22 be available on a contingency basis shall be apportioned

23 upon the occurrence of the stipulated contingency, as de24 termined by the Commissioner and reported to the

25 Congress.
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1 ‘‘Employment Restriction

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

3 which may be excepted from the competitive service, on

4 a temporary or permanent basis, because of the confiden5 tial or policy-determining character of such positions, may

6 not exceed at any time the equivalent of 10 full-time

7 positions.

8 ‘‘Seal of Office

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

10 to be made for the Administration of such design as the

11 Commissioner shall approve. Judicial notice shall be taken

12 of such seal.’’.

13 SEC. 105. TRANSFERS TO THE NEW SOCIAL SECURITY AD14 MINISTRATION.

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

16 Security Administration all functions carried out by the

17 Secretary of Health and Human Services with respect to

18 the programs and activities the administration of which

19 is vested in the Social Security Administration by reason

20 of this title and the amendments made thereby. The Com21 missioner of Social Security shall allocate such functions

22 in accordance with sections 701, 702, 703, and 704 of the

23 Social Security Act (as amended by this title).

24 (b) PERSONNEL, ASSETS, ETC.—(1) There are trans25 ferred from the Department of Health and Human Serv-
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1 ices to the Social Security Administration, for appropriate

2 allocation by the Commissioner of Social Security in the

3 Social Security Administration—

4 (A) the personnel employed in connection with

5 the functions transferred by this title and the

6 amendments made thereby; and

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

8 records, and unexpended balance of appropriations,

9 authorizations, allocations, and other funds em10 ployed, held, or used in connection with such func11 tions, arising from such functions, or available, or to

12 be made available, in connection with such functions.

13 (2) Unexpended funds transferred pursuant to this

14 subsection shall be used only for the purposes for which

15 the funds were originally authorized and appropriated.

16 (3) Any individual who is an employee of the Depart17 ment and who was not employed on the date of the enact18 ment of this title, in connection with functions transferred

19 by this title to the Administration, but who was so em20 ployed on the day before the date established pursuant to

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

22 of Health and Human Services to the Social Security Ad23 ministration by the Commissioner under subparagraph

24 (A) of paragraph (1), after consultation with the Secretary
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1 of Health and Human Services, if the Commissioner deter2 mines such transfer to be appropriate.

3 (4) Any individual who is an employee of the Depart4 ment and who was employed on the date of the enactment

5 of this title, solely in connection with functions transferred

6 by this title to the Administration, and who was so em7 ployed on the day before the date established pursuant to

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

9 of Health and Human Services to the Social Security

10 Administration.

11 (c) ABOLISHMENT OF OFFICE OF COMMISSIONER IN

12 THE DEPARTMENT OF HEALTH AND HUMAN SERV13 ICES.—Effective upon the appointment of a Commissioner

14 of Social Security pursuant to section 702 of the Social

15 Security Act (as amended by this title)—

16 (1) the position of Commissioner of Social Se17 curity in the Department of Health and Human

18 Services is abolished; and

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

20 is amended by striking the following:

21 ‘‘Commissioner of Social Security, Department

22 of Health and Human Services.’’.

23 SEC. 106. TRANSITIONAL RULES.

24 (a) TRANSITION DIRECTOR.—(1) Within 30 days

25 after the date of the enactment of this Act, a transition
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1 director shall be appointed by the President, who shall be

2 selected on the basis of experience and knowledge of the

3 operation of the Government.

4 (2) The transition director shall conduct activities

5 necessary to ensure the transition of the Social Security

6 Administration to the status of an independent agency in

7 the executive branch of the Government. In conducting

8 such activities before the appointment of the Commis9 sioner of Social Security, the transition director shall con10 sult regularly with the Director of the Office of Manage11 ment and Budget. Upon such appointment, the transition

12 director shall conduct such activities at the direction of

13 the Commissioner of Social Security.

14 (3) The transition director shall be compensated at

15 the rate provided for level IV of the Executive Schedule.

16 (4) Expenditures to carry out the purposes of this

17 subsection shall be made out of the Federal Old Age and

18 Survivors Insurance Trust Fund and the Federal Disabil19 ity Insurance Trust Fund.

20 (b) INTERIM AUTHORITY FOR APPOINTMENT AND

21 COMPENSATION.—

22 (1) APPOINTMENT OF COMMISSIONER.—Within

23 60 days of the date of the enactment of this title,

24 the Commissioner of Social Security shall be ap25 pointed by the President pursuant to section 702 of
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1 the Social Security Act (as amended by this title).

2 If the appointment is made pursuant to such section

3 before the date established pursuant to section

4 107(a), the Commissioner of Social Security shall

5 also perform the duties assigned to the Commis6 sioner of Social Security in the Department of

7 Health and Human Services.

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

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

10 the other officers provided for in sections 702 and

11 703 of the Social Security Act (as amended by this

12 title) may be nominated and appointed, as provided

13 in such sections.

14 (3) COMPENSATION.—Funds available to any

15 official or component of the Department of Health

16 and Human Services, functions of which are trans17 ferred to the Commissioner of Social Security or the

18 Social Security Administration by this title, may

19 with the approval of the Director of the Office of

20 Management and Budget, be used to pay the com21 pensation and expenses of any officer appointed pur22 suant to this subsection until such time as funds for

23 that purpose are otherwise available.

24 (c) CONTINUATION OF ORDERS, DETERMINATIONS,

25 RULES, REGULATIONS, ETC.—All orders, determinations,
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1 rules, regulations, permits, contracts, collective bargaining

2 agreements (and ongoing negotiations relating to such col3 lective bargaining agreements), recognitions of labor orga4 nizations, certificates, licenses, and privileges—

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

6 granted, or allowed to become effective, in the exer7 cise of functions (A) which were exercised by the

8 Secretary of Health and Human Services (or the

9 Secretary’s delegate), and (B) which relate to func10 tions which, by reason of this title, the amendments

11 made thereby, and regulations prescribed there12 under, are vested in the Commissioner of Social

13 Security; and

14 (2) which are in effect immediately before the

15 date established pursuant to section 107(a),

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

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

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

19 repealed by such Commissioner, except that any collective

20 bargaining agreement shall remain in effect until the date

21 of termination specified in such agreement.

22 (d) CONTINUATION OF PROCEEDINGS.—The provi23 sions of this title (including the amendments made there24 by) shall not affect any proceeding pending before the Sec25 retary of Health and Human Services immediately before
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1 the date established pursuant to section 107(a), with re2 spect to functions vested (by reason of this title, the

3 amendments made thereby, and regulations prescribed

4 thereunder) in the Commissioner of Social Security, except

5 that such proceedings, to the extent that such proceedings

6 relate to such functions, shall continue before such Com7 missioner. Orders shall be issued under any such proceed8 ing, appeals taken therefrom, and payments shall be made

9 pursuant to such orders, in like manner as if this title

10 had not been enacted, and orders issued in any such pro11 ceeding shall continue in effect until modified, terminated,

12 superseded, or repealed by such Commissioner, by a court

13 of competent jurisdiction, or by operation of law.

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

15 this subsection—

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

17 suits commenced before the date established pursu18 ant to section 107(a); and

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

20 appeals taken, and judgments rendered, in the same

21 manner and effect as if this title had not been en22 acted.

23 No cause of action, and no suit, action, or other proceed24 ing commenced by or against any officer in such officer’s

25 official capacity as an officer of the Department of Health
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1 and Human Services, shall abate by reason of the enact2 ment of this title. Causes of action, suits, actions, or other

3 proceedings may be asserted by or against the United

4 States and the Social Security Administration, or such of5 ficial of such Administration as may be appropriate, and,

6 in any litigation pending immediately before the date es7 tablished pursuant to section 107(a), the court may at any

8 time, on the court’s own motion or that of a party, enter

9 an order which will give effect to the provisions of this

10 subsection (including, where appropriate, an order for sub11 stitution of parties).

12 (f) CONTINUATION OF PENALTIES.—This title shall

13 not have the effect of releasing or extinguishing any crimi14 nal prosecution, penalty, forfeiture, or liability incurred as

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

16 amendments made thereby, and regulations prescribed

17 thereunder) is vested in the Commissioner of Social

18 Security.

19 (g) JUDICIAL REVIEW.—Orders and actions of the

20 Commissioner of Social Security in the exercise of func21 tions vested in such Commissioner under this title (and

22 the amendments made thereby) shall be subject to judicial

23 review to the same extent and in the same manner as if

24 such orders had been made and such actions had been

25 taken by the Secretary of Health and Human Services in
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1 the exercise of such functions immediately before the date

2 established pursuant to section 107(a). Any statutory re3 quirements relating to notice, hearings, action upon the

4 record, or administrative review that apply to any function

5 so vested in such Commissioner shall continue to apply

6 to the exercise of such function by such Commissioner.

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

8 functions vested in the Commissioner of Social Security

9 under this title, the amendments made thereby, and regu10 lations prescribed thereunder, such Commissioner shall

11 have the same authority as that vested in the Secretary

12 of Health and Human Services with respect to the exercise

13 of such functions immediately preceding the vesting of

14 such functions in such Commissioner, and actions of such

15 Commissioner shall have the same force and effect as

16 when exercised by such Secretary.

17 (i) REPORT.—Within 120 days of the date of the en18 actment of this title, the transition director and the Com19 missioner of Social Security shall report to the Congress

20 on the status of the transition to an independent Social

21 Security Administration, and on any significant internal

22 restructuring or management improvements that are pro23 posed to be undertaken.
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1 SEC. 107. EFFECTIVE DATES.

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

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

4 shall take effect on the earlier of—

5 (1) the date which is 180 days after the date

6 of the enactment of this Act, or

7 (2) a date designated by the President.

8 (b) TRANSITIONAL RULES.—Section 106 shall take

9 effect on the date of the enactment of this title.

10 TITLE II—CONFORMING

11 AMENDMENTS

12 SEC. 201. AMENDMENTS TO TITLES II AND XVI OF THE SO13 CIAL SECURITY ACT.

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

15 (other than section 201, section 218(d), section 231(c),

16 section 226, and section 226A) and title XVI (42 U.S.C.

17 1382 et seq.) (other than sections 1614(f)(2)(B) and

18 1616(e)(3)) are each amended—

19 (1) by striking, wherever it appears therein,

20 ‘‘Secretary of Health and Human Services’’ and in21 serting ‘‘Commissioner of Social Security’’;

22 (2) by striking, wherever it appears therein,

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

24 inserting ‘‘Social Security Administration’’;

25 (3) by striking, wherever it appears therein,

26 ‘‘Department’’ (but only if it is not immediately suc-
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1 ceeded by the words ‘‘of Health and Human Serv2 ices’’, and only if it is used in reference to the De3 partment of Health and Human Services) and in4 serting ‘‘Administration’’;

5 (4) by striking, wherever it appears therein,

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

7 such word only if such word refers to the Secretary

8 of Health and Human Services): ‘‘Secretary’’, ‘‘Sec9 retary’s’’, ‘‘his’’, ‘‘him’’, ‘‘he’’, ‘‘her’’, and ‘‘she’’,

10 and inserting (in the case of the word ‘‘Secretary’’)

11 ‘‘Commissioner of Social Security’’, (in the case of

12 the word ‘‘Secretary’s’’) ‘‘Commissioner’s’’, (in the

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

14 the case of the word ‘‘him’’) ‘‘the Commissioner’’,

15 (in the case of the word ‘‘her’’) ‘‘the Commissioner’’

16 or ‘‘the Commissioner’s’’, as may be appropriate,

17 and (in the case of the words ‘‘she’’ or ‘‘he’’) ‘‘the

18 Commissioner’’; and

19 (5) by striking, wherever it appears therein,

20 ‘‘Internal Revenue Code of 1954’’ and inserting ‘‘In21 ternal Revenue Code of 1986’’.

22 (b) AMENDMENTS TO SECTION 201.—(1)(A) Sec23 tions 201(a)(3), 201(a)(4), 201(b)(1), and 201(b)(2) (42

24 U.S.C. 401(a)(3), 401(a)(4), 401(b)(1), and 401(b)(2),

25 respectively) are each amended by striking ‘‘Secretary of
26

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

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

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

4 401(a)(3) and 401(b)(1), respectively) are each amended

5 by striking ‘‘such Secretary’’ and inserting ‘‘such Commis6 sioner’’.

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

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

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

10 officio’’ and inserting the following: ‘‘shall be com11 posed of the Commissioner of Social Security, the

12 Secretary of the Treasury, and the Secretary of

13 Health and Human Services, all ex officio’’; and

14 (B) in the fifth sentence, by striking ‘‘The

15 Commissioner of Social Security’’ and inserting

16 ‘‘The Deputy Commissioner of Social Security’’.

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

18 amended—

19 (A) in clause (i), by striking ‘‘by him and the

20 Secretary of Health and Human Services’’ and in21 serting ‘‘by him, the Commissioner of Social Secu22 rity, and the Secretary of Health and Human Serv23 ices’’, and by striking ‘‘by the Department of Health

24 and Human Services and the Treasury Department’’

25 and inserting ‘‘by the Social Security Administra-
27

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1 tion, the Department of Health and Human Serv2 ices, and the Department of the Treasury’’;

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

5 (4)’’ and inserting ‘‘applicable method prescribed

6 under paragraph (4)’’, by striking ‘‘the Secretary of

7 Health and Human Services’’ and inserting ‘‘the

8 Commissioner of Social Security and the Secretary

9 of Health and Human Services’’, and by striking

10 ‘‘the Department of Health and Human Services’’

11 and inserting ‘‘the Social Security Administration

12 and the Department of Health and Human Serv13 ices’’; and

14 (C) by striking the last sentence and inserting

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

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

17 the Trust Funds, such amounts as the Congress

18 may deem appropriate to pay the costs of the part

19 of the administration of this title and title XVI for

20 which the Commissioner of Social Security is respon21 sible, the costs of title XVIII for which the Secretary

22 of Health and Human Services is responsible, and

23 the costs of carrying out the functions of the Social

24 Security Administration, specified in section 232,

25 which relate to the administration of provisions of
28

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1 the Internal Revenue Code of 1986 other than those

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

3 subparagraph.’’.

4 (4) Section 201(g)(1) (42 U.S.C. 401(g)(1)) is fur5 ther amended by striking subparagraph (B) and inserting

6 the following new subparagraphs:

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

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

9 determine (I) the portion of the costs, incurred dur10 ing such fiscal year, of administration of this title

11 and title XVI and of carrying out the functions of

12 the Social Security Administration, specified in sec13 tion 232, which relate to the administration of provi14 sions of the Internal Revenue Code of 1986 (other

15 than those referred to in clause (i) of the first sen16 tence of subparagraph (A)), which should have been

17 borne by the general fund in the Treasury, (II) the

18 portion of such costs which should have been borne

19 by the Federal Old-Age and Survivors Insurance

20 Trust Fund, and (III) the portion of such costs

21 which should have been borne by the Federal Dis22 ability Insurance 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
29

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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 Commissioner

16 of Social Security and the Secretary of Health and Human

17 Services shall jointly certify to the Managing Trustee the

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

19 any of the other of such Trust Funds and the amounts,

20 if any, which should be transferred between the Trust

21 Funds (or one of the Trust Funds) and the general fund

22 in the Treasury, in order to ensure that each of the Trust

23 Funds and the general fund in the Treasury have borne

24 their proper share of the costs, incurred during such fiscal

25 year, for (i) the part of the administration of this title
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1 and title XVI for which the Commissioner of Social Secu2 rity is responsible, (ii) the part of the administration of

3 this title and title XVIII for which the Secretary of Health

4 and Human Services is responsible, and (iii) carrying out

5 the functions of the Social Security Administration, speci6 fied in section 232, which relate to the administration of

7 provisions of the Internal Revenue Code of 1986 (other

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

9 of subparagraph (A)). The Managing Trustee shall trans10 fer any such amounts in accordance with any certification

11 so made.’’.

12 (5) Section 201(g)(2) (42 U.S.C. 401(g)(2)) is

13 amended, in the second sentence, by striking ‘‘established

14 and maintained by the Secretary of Health and Human

15 Services’’ and inserting ‘‘maintained by the Commissioner

16 of Social Security’’, and by striking ‘‘Secretary shall fur17 nish’’ and inserting ‘‘Commissioner of Social Security

18 shall furnish’’.

19 (6) Section 201(g)(4) (42 U.S.C. 401(g)(4)) is

20 amended to read as follows:

21 ‘‘(4) The Commissioner of Social Security shall uti22 lize the method prescribed pursuant to this paragraph, as

23 in effect immediately before the date of the enactment of

24 the Social Security Administration Independence Act of

25 1994 for determining the costs which should be borne by
31

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1 the general fund in the Treasury of carrying out the func2 tions of the Social Security Administration, specified in

3 section 232, which relate to the administration of provi4 sions of the Internal Revenue Code of 1986 (other than

5 those referred to in clause (i) of the first sentence of para6 graph (1)(A)). If at any time or times thereafter the

7 Boards of Trustees of such Trust Funds consider such

8 action advisable, such Boards may modify the method of

9 determining such costs.’’.

10 (7) Section 201(i)(1) (42 U.S.C. 401(i)(1)) is amend11 ed to read as follows:

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

13 of the United States money gifts and bequests made un14 conditionally to the Federal Old-Age and Survivors Insur15 ance Trust Fund, the Federal Disability Insurance Trust

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

17 Federal Supplementary Medical Insurance Trust Fund or

18 to the Social Security Administration, the Department of

19 Health and Human Services, or any part or officer there20 of, for the benefit of any of such Funds or any activity

21 financed through such Funds.’’.

22 (8) Subsections (j) and (k) of section 201 (42 U.S.C.

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

24 it appears and inserting ‘‘Commissioner of Social

25 Security’’.
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1 (9) Section 201(l)(3)(B)(iii)(II) (42 U.S.C.

2 401(l)(3)(B)(iii)(II)) is amended by striking ‘‘Secretary’’

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

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

5 amended by striking ‘‘Secretary of Health and Human

6 Services’’ and inserting ‘‘Commissioner of Social Secu7 rity’’.

8 (11) Section 201 (42 U.S.C. 401) is amended by

9 striking ‘‘Internal Revenue Code of 1954’’ each place it

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

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

12 (42 U.S.C. 418(d)) is amended by striking ‘‘Secretary’’

13 each place it appears in paragraphs (3) and (7) and insert14 ing ‘‘Commissioner of Social Security’’.

15 (d) AMENDMENT TO SECTION 231.—Section 231(c)

16 (42 U.S.C. 431(c)) is amended by striking ‘‘Secretary de17 termines’’ and inserting ‘‘Commissioner of Social Security

18 and the Secretary jointly determine’’.

19 SEC. 202. OTHER AMENDMENTS.

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

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

22 following new section:

23 ‘‘DUTIES AND AUTHORITY OF SECRETARY

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

25 imposed upon the Secretary by this Act. The Secretary

26 is authorized to appoint and fix the compensation of such
33

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1 officers and employees, and to make such expenditures as

2 may be necessary for carrying out the functions of the Sec3 retary under this Act.’’.

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

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

6 Council on Social Security’’ and all that follows

7 through ‘‘disability insurance program and’’ and in8 serting ‘‘Advisory Council on Hospital and Supple9 mentary Medical Insurance for the purpose of re10 viewing the status of the Federal Hospital Insurance

11 Trust Fund and the Federal Supplementary Medical

12 Insurance Trust Fund in relation to the long-term

13 commitments of’’;

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

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

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

17 (C) by striking the section heading and insert18 ing the following:

19 ‘‘ADVISORY COUNCIL ON HOSPITAL AND SUPPLEMENTARY

20 MEDICAL INSURANCE’’.

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

22 910(b)) is amended by striking ‘‘(as estimated by the Sec23 retary)’’ and inserting ‘‘(for amounts which will be paid

24 from the Federal Old-Age and Survivors Insurance Trust

25 Fund and the Federal Disability Insurance Trust Fund,

26 as estimated by the Commissioner, and for amounts which
34

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1 will be paid from the Federal Hospital Insurance Trust

2 and the Federal Supplementary Medical Insurance Trust

3 Fund, as estimated by the Secretary)’’.

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

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

6 each place it appears and inserting ‘‘Internal Revenue

7 Code of 1986’’.

8 (b) AMENDMENTS TO TITLE XI.—(1) Section

9 1101(a) (42 U.S.C. 1301(a)) is amended by adding at the

10 end the following new paragraph:

11 ‘‘(10) The term ‘Administration’ means the So12 cial Security Administration, except where the con13 text requires otherwise.’’.

14 (2) Section 1106(a) (42 U.S.C. 1306(a)) is amend15 ed—

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

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

18 Human Services’’ each place it appears and insert19 ing ‘‘applicable agency’’;

20 (C) by striking ‘‘Secretary’’ each place it ap21 pears and inserting ‘‘head of the applicable agency’’;

22 and

23 (D) by adding at the end the following new

24 paragraph:
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1 ‘‘(2) For purposes of this subsection and subsection

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

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

4 respect to matter transmitted to or obtained by such

5 Administration or matter disclosed by such Adminis6 tration, or

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

8 Services, with respect to matter transmitted to or

9 obtained by such Department or matter disclosed by

10 such Department.’’.

11 (3) Section 1106(b) (42 U.S.C. 1306(b)) is amend12 ed—

13 (A) by striking ‘‘Secretary’’ each place it ap14 pears and inserting ‘‘head of the applicable agency’’;

15 and

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

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

18 (4) Section 1106(c) (42 U.S.C. 1306(c)) is amend19 ed—

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

21 it appears and inserting ‘‘the Commissioner of Social

22 Security or the Secretary’’; and

23 (B) by striking ‘‘the Secretary’’ each subse24 quent place it appears and inserting ‘‘such Commis25 sioner or 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 Serv3 ices’’ and inserting ‘‘the Commissioner of Social Security

4 or the 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

9 or XVI)’’ after ‘‘Secretary’’;

10 (B) in subsection (b)—

11 (i) by striking ‘‘Secretary’’ each place it

12 appears and inserting ‘‘Commissioner’’, and

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

14 place it appears and inserting ‘‘the Commis15 sioner’s’’; 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

22 U.S.C. 1320a–6) are each amended by striking ‘‘Sec23 retary’’ and inserting ‘‘Commissioner of Social Security’’.

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

25 amended by inserting after ‘‘section 205(g)’’ the following:
37

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1 ‘‘, except that, in so applying such sections and section

2 205(l), any reference therein to the Commissioner of So3 cial Security or the Social Security Administration shall

4 be considered a reference to the Secretary or the Depart5 ment of Health and 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 indi21 vidual 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

2 by 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, sub7 section (l) of section 205 shall apply, except that any ref8 erence in such subsection to the Commissioner of Social

9 Security or the Social Security Administration shall be

10 deemed a reference to the Secretary or the Department

11 of Health and Human Services, respectively. Where the

12 amount in controversy is $2,000 or more, such beneficiary

13 shall be entitled to judicial review of any final decision

14 relating to a reconsideration described in this subsection.’’.

15 (11) Sections 1101, 1106, 1107, and 1137 (42

16 U.S.C. 1301, 1306, 1307, and 1320b–7, respectively) are

17 amended by striking ‘‘Internal Revenue Code of 1954’’

18 each place it appears and inserting ‘‘Internal Revenue

19 Code of 1986’’.

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

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

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

23 each place it appears and inserting ‘‘Commissioner of So24 cial Security’’.
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1 (2) Section 1840(a) (42 U.S.C. 1395s(a)) is amend2 ed—

3 (A) in paragraph (1), by striking ‘‘Secretary’’

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

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

6 ‘‘Such regulations shall be prescribed after consulta7 tion with the Secretary.’’; and

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

9 Health and Human Services’’ and inserting ‘‘Com10 missioner of Social Security’’.

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

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

13 applying such provisions with respect to this title, any ref14 erence therein to the Commissioner of Social Security or

15 the Social Security Administration shall be considered a

16 reference to the Secretary or the Department of Health

17 and Human Services, respectively’’.

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

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

20 1395mm(c)(5)(B)) are amended by inserting after ‘‘sec21 tion 205(g)’’ the following: ‘‘, except that, in so applying

22 such sections and section 205(l), any reference therein to

23 the Commissioner of Social Security or the Social Security

24 Administration shall be considered a reference to the Sec-
40

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1 retary or the Department of Health and Human Services,

2 respectively’’.

3 (5) Sections 1817, 1862, and 1886 (42 U.S.C. 1395i,

4 1395y, and 1395ww, respectively) are amended by striking

5 ‘‘Internal Revenue Code of 1954’’ each place it appears

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

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

8 1905(q)(2) (42 U.S.C. 1396d(q)(2)) is amended by strik9 ing ‘‘Secretary’’ and inserting ‘‘Commissioner of Social

10 Security’’.

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

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

13 205(g)’’ the following: ‘‘, except that, in so applying such

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

15 Commissioner of Social Security or the Social Security Ad16 ministration shall be considered a reference to the Sec17 retary or the Department of Health and Human Services,

18 respectively’’.

19 (e) AMENDMENT TO TITLE XX.—Section

20 2002(a)(2)(B) (42 U.S.C. 1397a(a)(2)(B)) is amended by

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

22 ‘‘Internal Revenue Code of 1986’’.

23 (f) AMENDMENTS TO TITLE 5, UNITED STATES

24 CODE.—Title 5, United States Code, is amended—
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1 (1) by adding at the end of section 5311 the

2 following new item:

3 ‘‘Commissioner, Social Security Administra4 tion.’’;

5 (2) by adding at the end of section 5313 the

6 following new item:

7 ‘‘Deputy Commissioner, Social Security Admin8 istration.’’; and

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

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

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

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

13 (1) Sections 6(c)(3) and 8(e)(6) of the Food Stamp Act

14 of 1977 (7 U.S.C. 2015(c)(3) and 2017(e)(6)) are each

15 amended by inserting ‘‘the Commissioner of Social Secu16 rity and’’ before ‘‘the Secretary of Health and Human

17 Services’’.

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

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

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

21 each place it appears and inserting ‘‘Commissioner of So22 cial Security’’.

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

24 amended by adding ‘‘, the Commissioner of Social Secu25 rity’’ after ‘‘the Secretary’’.
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1 (h) AMENDMENT TO TITLE 14, UNITED STATES

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

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

4 Services’’ each place it appears and inserting ‘‘Commis5 sioner of Social Security’’.

6 (i) AMENDMENTS TO INTERNAL REVENUE CODE OF

7 1986.—(1) Subsections (c)(1), (c)(2)(E), (g)(1),

8 (g)(2)(A), and (g)(2)(B) of section 1402 of the Internal

9 Revenue Code of 1986 (26 U.S.C. 1402) are amended by

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

11 place it appears and inserting ‘‘Commissioner of Social Se12 curity’’.

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

14 3121(b)(10)(B)) is amended by striking ‘‘Secretary of

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

16 inserting ‘‘Commissioner of Social Security’’.

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

18 amended by striking ‘‘Secretary of Health and Human

19 Services’’ each place it appears and inserting ‘‘Commis20 sioner of Social Security’’.

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

22 6050F(c)(1)(A)) is amended by striking ‘‘Secretary of

23 Health and Human Services’’ and inserting ‘‘Commis24 sioner of Social Security’’.
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1 (5) Subsections (d) and (f) of section 6057 of such

2 Code (26 U.S.C. 6057) are amended by striking ‘‘Sec3 retary of Health and Human Services’’ each place it ap4 pears and inserting ‘‘Commissioner of Social Security’’.

5 (6) Section 6103(l)(5) of such Code (26 U.S.C.

6 6103(l)(5)) is amended—

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

8 Human Services’’ and inserting ‘‘Social Security Ad9 ministration’’; and

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

11 Human Services’’ and inserting ‘‘Commissioner of

12 Social Security’’.

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

14 such Code (26 U.S.C. 6402) are amended by striking

15 ‘‘Secretary of Health and Human Services’’ each place it

16 appears and inserting ‘‘Commissioner of Social Security’’.

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

18 6511(d)(5)) is amended by striking ‘‘Secretary of Health

19 and Human Services’’ and inserting ‘‘Commissioner of So20 cial Security’’.

21 (j) AMENDMENTS TO TITLE 31, UNITED STATES

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

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

24 Services’’ each place it appears in and inserting ‘‘Commis25 sioner of Social Security’’.
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1 (k) AMENDMENTS TO TITLE 38, UNITED STATES

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

3 amended—

4 (1) by striking ‘‘Secretary of Health and

5 Human Services’’ each place it appears and insert6 ing ‘‘Commissioner of Social Security’’; and

7 (2) by striking the second sentence of sub8 section (b) and inserting the following new sentence:

9 ‘‘A copy of each such application filed with either

10 the Secretary or the Commissioner, together with

11 any additional information and supporting docu12 ments (or certifications thereof) which may have

13 been received by the Secretary or the Commissioner

14 with such application, and which may be needed by

15 the other official in connection therewith, shall be

16 transmitted by the Secretary or the Commissioner

17 receiving the application to the other official.’’.

18 (l) AMENDMENTS TO INSPECTOR GENERAL ACT OF

19 1978.—The Inspector General Act of 1978 (5 U.S.C.

20 App.) is amended—

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

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

23 the following new subparagraph:

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

25 the functions of the Inspector General of the
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1 Department of Health and Human Services re2 lating to the administration of the old-age, sur3 vivors, and disability insurance program under

4 title II of the Social Security Act and of the

5 supplemental security income program under

6 title XVI of such Act; and’’;

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

8 ‘‘Commission’’ and inserting a semicolon, and by in9 serting after ‘‘Board;’’ the following: ‘‘or the Com10 missioner of Social Security;’’; and

11 (3) in section 11(2), by striking ‘‘or’’ after ‘‘In12 formation Agency,’’, and by inserting after ‘‘Veter13 ans’ Administration’’ the following: ‘‘, or the Social

14 Security Administration;’’.

15 SEC. 203. RULES OF CONSTRUCTION.

16 (a) REFERENCES TO THE DEPARTMENT OF HEALTH

17 AND HUMAN SERVICES.—Whenever any reference is made

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

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

20 document to the Department of Health and Human Serv21 ices with respect to such Department’s functions under

22 the old-age, survivors, and disability insurance program

23 under title II of the Social Security Act or the supple24 mental security income program under title XVI of such
46

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1 Act, such reference shall be considered a reference to the

2 Social Security Administration.

3 (b) REFERENCES TO THE SECRETARY OF HEALTH

4 AND HUMAN SERVICES.—Whenever any reference is made

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

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

7 document to the Secretary of Health and Human Services

8 with respect to such Secretary’s functions under the old9 age, survivors, and disability insurance program under

10 title II of the Social Security Act or the supplemental se11 curity income program under title XVI of such Act, such

12 reference shall be considered a reference to the Commis13 sioner of Social Security.

14 (c) REFERENCES TO OTHER OFFICERS AND EM15 PLOYEES.—Whenever any reference is made in any provi16 sion of law (other than this Act or a provision of law

17 amended by this Act), regulation, rule, record, or docu18 ment to any other officer or employee of the Department

19 of Health and Human Services with respect to such officer

20 or employee’s functions under the old-age, survivors, and

21 disability insurance program under title II of the Social

22 Security Act or the supplemental security income program

23 under title XVI of such Act, such reference shall be con24 sidered a reference to the appropriate officer or employee

25 of the Social Security Administration.
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1 SEC. 204. EFFECTIVE DATES.

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

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

4 established pursuant to section 107(a).

5 (b) EXCEPTIONS.—Subsections (f)(1), (f)(2), and (l)

6 of section 202 shall take effect on the date of the enact7 ment of this title.

8 TITLE III—SOCIAL SECURITY

9 DISABILITY AND REHABILITA10 TION

11 SEC. 301. SHORT TITLE.

12 This title may be cited as the ‘‘Social Security Dis13 ability and Rehabilitation Act of 1994’’.

14 SEC. 302. REFORM OF MONTHLY INSURANCE BENEFITS

15 BASED ON DISABILITY INVOLVING SUB16 STANCE ABUSE.

17 (a) SOCIAL SECURITY DISABILITY INSURANCE.—

18 (1) IN GENERAL.—Section 223 of the Social

19 Security Act (42 U.S.C. 423) is amended by adding

20 at the end the following new subsection:

21 ‘‘Limitation on Payment of Benefits by Reason of

22 Substance Abuse

23 ‘‘(j)(1)(A) Notwithstanding any other provision of

24 this title, no individual whose disability is based in whole

25 or in part on a medical determination that the individual

26 is a drug addict or alcoholic shall be entitled to benefits
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1 under this title based on such disability with respect to

2 any month, unless such individual—

3 ‘‘(i) is undergoing, or on a waiting list for, any

4 medical or psychological treatment that may be ap5 propriate for such individual’s condition as a drug

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

7 stage of such individual’s rehabilitation at an insti8 tution or facility approved for purposes of this para9 graph by the Secretary (so long as access to such

10 treatment is reasonably available, as determined by

11 the Secretary), and

12 ‘‘(ii) demonstrates in such manner as the Sec13 retary requires, including at a continuing disability

14 review not later than one year after such determina15 tion, that such individual is complying with the

16 terms, conditions, and requirements of such treat17 ment and with the requirements imposed by the Sec18 retary under subparagraph (B).

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

20 and testing of all individuals who are receiving benefits

21 under this title and who as a condition of such benefits

22 are required to be undergoing treatment and complying

23 with the terms, conditions, and requirements thereof as

24 described in subparagraph (A), in order to assure such

25 compliance and to determine the extent to which the impo-
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1 sition of such requirements is contributing to the achieve2 ment of the purposes of this title. The Secretary may re3 tain jurisdiction in the case of a hearing before the Sec4 retary under this title to the extent the Secretary deter5 mines necessary to carry out the preceding sentence. The

6 Secretary shall annually submit to the Congress a full and

7 complete report on the Secretary’s activities under this

8 paragraph.

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

10 monitoring agency for any individual described in subpara11 graph (A) shall report to the Secretary any noncompliance

12 with the terms, conditions, and requirements of the treat13 ment described in subparagraph (A) and with the require14 ments imposed by the Secretary under subparagraph (B).

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

16 not complying with the terms, conditions, and require17 ments of the treatment described in subparagraph (A), or

18 with the requirements imposed by the Secretary under

19 subparagraph (B), or both, the Secretary, in lieu of termi20 nation, may suspend such individual’s benefits under this

21 title until compliance has been reestablished, including

22 compliance with any additional requirements determined

23 to be necessary by the Secretary.

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

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

2 account in determining the 36-month period described in

3 such subparagraph.

4 ‘‘(E)(i) Except as provided in clause (ii), no individ5 ual described in subparagraph (A) shall be entitled to ben6 efits under this title for any month following the 24-month

7 period beginning with the determination of the disability

8 described in such subparagraph.

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

10 in clause (i), the individual furnishes evidence in accord11 ance with subsection (d)(5) that the individual continues

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

13 medical determination that the individual is a drug addict

14 or alcoholic, such individual shall continue to be entitled

15 to benefits under this title based on such disability.

16 ‘‘(iii) Subject to clause (iv), if such an individual con17 tinues to be entitled to such benefits for an additional 24-

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

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

20 entitlement to such benefits following the end of such ad21 ditional period.

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

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

24 months, unless upon the termination of the 36th month

25 such individual furnishes evidence in accordance with sub-
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1 section (d)(5) that the individual is under a disability

2 which is not related in part to a medical determination

3 that the individual is a drug addict or alcoholic.

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

5 individual referred to in paragraph (1), including any ben6 efits payable in a lump sum amount, shall be payable only

7 pursuant to a certification of such payment to a qualified

8 organization acting as a representative payee of such indi9 vidual pursuant to section 205(j).

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

11 205(j)(4), the term ‘qualified organization’—

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

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

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

15 a State or a political subdivision of a State.

16 ‘‘(3) Monthly insurance benefits under this title

17 which would be payable to any individual (other than the

18 disabled individual to whom benefits are not payable by

19 reason of this subsection) on the basis of the wages and

20 self-employment income of such a disabled individual but

21 for the provisions of paragraph (1), shall be payable as

22 though such disabled individual were receiving such bene23 fits which are not payable under this subsection.’’

24 (2) CONFORMING AMENDMENTS.—
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1 (A) Section 205(j)(1) of such Act (42

2 U.S.C. 405(j)(1)) is amended by inserting ’’, or

3 in the case of any individual referred to in sec4 tion 223(j)(1)(A)’’ after ‘‘thereby’’.

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

6 Act (42 U.S.C. 405(j)(2)(D)(ii)(II)) is amended

7 by striking ‘‘legally incompetent or under the

8 age of 15’’ and inserting ‘‘legally incompetent,

9 under the age of 15, or a drug addict or alco10 holic referred to in section 223(j)(1)(A)’’.

11 (b) SUPPLEMENTAL SECURITY INCOME.—Paragraph

12 (3) of section 1611(e) of the Social Security Act (42

13 U.S.C. 1382(e)) is amended to read as follows:

14 ‘‘(3)(A)(i) No person who is an aged, blind, or dis15 abled individual solely by reason of disability (as deter16 mined under section 1614(a)(3)) shall be an eligible indi17 vidual or eligible spouse for purposes of this title with re18 spect to any month if such individual’s disability is based

19 in whole or in part on a medical determination that the

20 individual is a drug addict or alcoholic, unless such indi21 vidual—

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

23 medical or psychological treatment that may be ap24 propriate for such individual’s condition as a drug

25 addict or alcoholic (as the case may be) and for the
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1 stage of such individual’s rehabilitation at an insti2 tution or facility approved for purposes of this para3 graph by the Secretary (so long as access to such

4 treatment is reasonably available, as determined by

5 the Secretary), and

6 ‘‘(II) demonstrates in such manner as the Sec7 retary requires, including at a continuing disability

8 review not later than one year after such determina9 tion, that such individual is complying with the

10 terms, conditions, and requirements of such treat11 ment and with the requirements imposed by the Sec12 retary under clause (ii).

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

14 and testing of all individuals who are receiving benefits

15 under this title and who as a condition of such benefits

16 are required to be undergoing treatment and complying

17 with the terms, conditions, and requirements thereof as

18 described in clause (i), in order to assure such compliance

19 and to determine the extent to which the imposition of

20 such requirements is contributing to the achievement of

21 the purposes of this title. The Secretary may retain juris22 diction in the case of a hearing before the Secretary under

23 this title to the extent the Secretary determines necessary

24 to carry out the preceding sentence. The Secretary shall
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1 annually submit to the Congress a full and complete report

2 on the Secretary’s activities under this subparagraph.

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

4 monitoring agency for any individual described in clause

5 (i) shall report to the Secretary any noncompliance with

6 the terms, conditions, and requirements of the treatment

7 described in clause (i) and with the requirements imposed

8 by the Secretary under clause (ii).

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

10 not complying with the terms, conditions, and require11 ments of the treatment described in clause (i), or with the

12 requirements imposed by the Secretary under clause (ii),

13 or both, the Secretary, in lieu of termination, may suspend

14 such individual’s benefits under this title until compliance

15 has been reestablished, including compliance with any ad16 ditional requirements determined to be necessary by the

17 Secretary.

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

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

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

21 account in determining the 36-month period described in

22 such clause.

23 ‘‘(v)(I) Except as provided in subclause (II), no indi24 vidual described in clause (i) shall be entitled to benefits

25 under this title for any month following the 24-month pe-
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1 riod beginning with the determination of the disability de2 scribed in such clause.

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

4 in subclause (I), the individual furnishes evidence in ac5 cordance with section 223(d)(5) that the individual contin6 ues to be under a disability based in whole on a medical

7 determination that the individual is a drug addict or alco8 holic, such individual shall be entitled to benefits under

9 this title based on such disability for no more than an ad10 ditional 36 months.

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

12 continues to be entitled to such benefits for an additional

13 24-month period following a determination under

14 subclause (II), subclauses (I) and (II) shall apply with re15 gard to any further entitlement to such benefits following

16 the end of such additional period.

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

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

19 months, unless upon the termination of the 36th month

20 such individual furnishes evidence in accordance with sec21 tion 223(d)(5) that the individual is under a disability

22 which is not related in part to a medical determination

23 that the individual is a drug addict or alcoholic.

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

25 individual referred to in subparagraph (A), including any
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1 benefits payable in a lump sum amount, shall be payable

2 only pursuant to a certification of such payment to a

3 qualified organization acting as a representative payee of

4 such individual pursuant to section 1631(a)(2)(A)(ii).

5 ‘‘(ii) For purposes of clause (i) and section

6 1631(a)(2)(D), the term ‘qualified organization’—

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

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

9 ‘‘(II) shall mean an agency or instrumentality

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

11 (c) EFFECTIVE DATES; AUTHORIZATIONS.—

12 (1) IN GENERAL.—Except as provided in para13 graph (2), the amendments made by this section

14 shall apply to benefits payable for determinations of

15 disability made 90 or more days after the date of

16 the enactment of this Act.

17 (2) CURRENT DETERMINATIONS.—

18 (A) IN GENERAL.—With respect to any in19 dividual described in subparagraph (B), the

20 Secretary of Health and Human Services shall

21 provide during the 3-year period beginning after

22 the date of the enactment of this Act for the

23 application of the amendments made by this

24 section to such individual with the time periods
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1 described in such amendments to begin upon

2 such application.

3 (B) INDIVIDUAL DESCRIBED.—An individ4 ual is described in this subparagraph if such in5 dividual is entitled to benefits under title II or

6 XVI of the Social Security Act based on a dis7 ability determined before the date described in

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

9 on a medical determination that the individual

10 is a drug addict or alcoholic.

11 (3) AUTHORIZATION OF APPROPRIATIONS.—

12 There are authorized to be appropriated such sums

13 as may be necessary to carry out the purposes of the

14 provisions of, and the amendments made by, this

15 section.

16 SEC. 303. PRIORITY OF TREATMENT.

17 The Secretary of Health and Human Services,

18 through the Administrator of the Substance Abuse and

19 Mental Health Services Administration, shall assure that

20 every individual receiving disability benefits under title II

21 or XVI of the Social Security Act based in whole or in

22 part on a medical determination that the individual is a

23 drug addict or alcoholic be given high priority for treat24 ment through entities supported by the various States
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1 through any substance abuse block grant authorized under

2 law.

3 SEC. 304. ESTABLISHMENT OF REFERRAL MONITORING

4 AGENCIES REQUIRED IN ALL STATES.

5 The Secretary of Health and Human Services shall,

6 within 1 year of the date of the enactment of this Act,

7 provide for the establishment of referral and monitoring

8 agencies for each State for the purpose of carrying out

9 the treatment requirements under sections 223(j)(1) and

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

11 423(j)(1) and 1382(e)(3)(A)).

12 SEC. 305. PROCEEDS FROM CERTAIN CRIMINAL ACTIVITIES

13 CONSTITUTE SUBSTANTIAL GAINFUL EM14 PLOYMENT.

15 (a) SOCIAL SECURITY DISABILITY INSURANCE.—

16 Section 223(d)(4) of the Social Security Act (42 U.S.C.

17 423(d)(4)) is amended by inserting the following after the

18 first sentence: ‘‘If an individual engages in a criminal ac19 tivity to support substance abuse, any proceeds derived

20 from such activity shall demonstrate such individual’s abil21 ity to engage in substantial gainful activity.’’.

22 (b) SUPPLEMENTAL SECURITY INCOME.—Section

23 1614(a)(3)(D) of the Social Security Act (42 U.S.C.

24 1382(a)(3)(D)) is amended by inserting the following

25 after the first sentence: ‘‘If an individual engages in a
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1 criminal activity to support substance abuse, any proceeds

2 derived from such activity shall demonstrate such individ3 ual’s ability to engage in substantial gainful activity.’’.

4 (c) EFFECTIVE DATE.—The amendments made by

5 this section shall apply to disability determinations con6 ducted on or after the date of the enactment of this Act.

7 SEC. 306. CONSISTENT PENALTY PROVISIONS FOR SSDI

8 AND SSI PROGRAMS.

9 (a) FELONY PENALTIES FOR FRAUD.—

10 (1) IN GENERAL.—Subsection (a) of section

11 1631 of the Social Security Act (42 U.S.C. 1383a)

12 is amended by striking ‘‘shall be guilty of a mis13 demeanor and upon conviction thereof shall be fined

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

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

16 guilty of a felony and upon conviction thereof shall

17 be fined under title 18, United States Code, or im18 prisoned for not more than five years, or both’’.

19 (2) REPRESENTATIVE PAYEES.—

20 (A) SSDI.—Subsections (b) and (c) of sec21 tion 208 of such Act (42 U.S.C. 408) are

22 amended to read as follows:

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

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

25 such violation is committed by such person or entity in
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1 his role as, or in applying to become, a certified payee

2 under section 205(j) on behalf of another individual (other

3 than such person’s spouse or an entity described in section

4 223(j)(2)(B)(ii)), shall be guilty of a felony and upon con5 viction thereof shall be fined under title 18, United States

6 Code, or imprisoned for not more than five years, or both.

7 ‘‘(2) In any case in which the court determines that

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

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

10 also require that full or partial restitution of such funds

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

12 was the certified payee.

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

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

15 as a payee under section 205(j).

16 ‘‘(c) For the purpose of subsection (a)(7), the terms

17 ‘social security number’ and ‘social security account num18 ber’ mean such numbers as are assigned by the Secretary

19 under section 205(c)(2) whether or not, in actual use, such

20 numbers are called social security numbers.’’

21 (B) SSI.—Subsection (b)(1) of section

22 1632 of such Act (42 U.S.C. 1383a) is amend23 ed by striking ‘‘(other than such person’s

24 spouse)’’ and all that follows through the period

25 and inserting ‘‘(other than such person’s spouse
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1 or an entity described in section

2 1611(e)(3)(B)(ii)(II)), shall be guilty of a fel3 ony and upon conviction thereof shall be fined

4 under title 18, United States Code, or impris5 oned for not more than five years, or both.’’

6 (b) CIVIL ADMINISTRATIVE PENALTIES.—

7 (1) SSDI.—Section 208 of the Social Security

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

9 end the following new subsections:

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

11 statements with respect to which an individual or other

12 entity knows or has reason to know such falsity, see chap13 ter 38 of title 31, United States Code.

14 ‘‘(f) In the case of the second or subsequent imposi15 tion of an administrative or criminal penalty on any per16 son or other entity under this section, the Secretary may

17 exclude such person or entity from participation in any

18 program under this title and titles V, XVI, XVIII, and

19 XX, and may direct that such person or entity be excluded

20 from any State health care program (as defined in section

21 1128(h)) and any other Federal program as provided by

22 law.’’

23 (2) SSI.—
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1 (A) IN GENERAL.—Section 1632 of such

2 Act (42 U.S.C. 1383a) is amended by adding at

3 the end the following new subsections:

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

5 statements with respect to which an individual or other

6 entity knows or has reason to know such falsity, see chap7 ter 38 of title 31, United States Code.

8 ‘‘(d) In the case of the second or subsequent imposi9 tion of an administrative or criminal penalty on any per10 son or other entity under this section, the Secretary may

11 exclude such person or entity from participation in any

12 program under this title and titles II, V, XVIII, and XX,

13 and may direct that such person or entity be excluded

14 from any State health care program (as defined in section

15 1128(h)) and any other Federal program as provided by

16 law.’’

17 (B) CONFORMING AMENDMENT.—The

18 heading for section 1632 of such Act (42

19 U.S.C. 1383a) is amended by striking ‘‘FOR

20 FRAUD’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall be effective on or after the date of the

3 enactment of this Act.

Passed the Senate March 2 (legislative day, February 22), 1994.

Attest:

Secretary.
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