II

103D CONGRESS

1ST SESSION S. 1560

To establish the Social Security Administration as an independent agency,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 18 (legislative day, OCTOBER 13), 1993

Mr. MOYNIHAN (for himself, Mr. PACKWOOD, Mr. MITCHELL, Mr. PRYOR, Mr.

GRASSLEY, Mr. BRADLEY, Mr. RIEGLE, Mr. ROCKEFELLER, Mr. HATFIELD, Mr. JEFFORDS, and Ms. MIKULSKI) introduced the following bill;

which was read twice and referred to the Committee on Finance

A BILL

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 1993’’.

8 (b) AMENDMENT OF SOCIAL SECURITY ACT.—Ex9 cept as otherwise expressly provided, whenever in this Act
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1 an amendment is expressed in terms of an amendment to

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

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

4 provision of the Social Security Act.

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

6 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.

7 TITLE I—ESTABLISHMENT OF

8 NEW INDEPENDENT AGENCY

9 SEC. 101. ESTABLISHMENT OF SOCIAL SECURITY ADMINIS10 TRATION AS A SEPARATE, INDEPENDENT

11 AGENCY.

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

13 follows:

14 ‘‘SOCIAL SECURITY ADMINISTRATION

15 ‘‘SEC. 701. There is hereby established, as an inde16 pendent agency in the executive branch of the Govern17 ment, a Social Security Administration (hereafter in this
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1 title referred to as the ‘Administration’). It shall be the

2 duty of the Administration to administer the old-age, sur3 vivors, and disability insurance program under title II and

4 the supplemental security income program under title

5 XVI.’’.

6 SEC. 102. COMMISSIONER AND DEPUTY COMMISSIONER OF

7 SOCIAL SECURITY.

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

9 follows:

10 ‘‘COMMISSIONER AND DEPUTY COMMISSIONER

11 ‘‘Commissioner of Social Security

12 ‘‘SEC. 702. (a)(1) There shall be in the Administra13 tion a Commissioner of Social Security (hereafter in this

14 title referred to as the ‘Commissioner’) who shall be ap15 pointed by the President, with the advice and consent of

16 the Senate.

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

18 rate provided for level I of the Executive Schedule.

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

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

21 until the appointment of a qualified successor.

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

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

24 the Administration, and shall have authority and control

25 over all personnel and activities thereof.
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1 ‘‘(5) The Commissioner may prescribe such rules and

2 regulations as the Commissioner determines necessary or

3 appropriate to carry out the functions of the Administra4 tion. The regulations prescribed by the Commissioner shall

5 be subject to the rulemaking procedures established under

6 section 553 of title 5, United States Code.

7 ‘‘(6) The Commissioner may establish, alter, consoli8 date, or discontinue such organizational units or compo9 nents within the Administration as the Commissioner con10 siders necessary or appropriate, except that this para11 graph shall not apply with respect to any unit, component,

12 or provision provided for by this Act.

13 ‘‘(7) The Commissioner may assign duties, and dele14 gate, or authorize successive redelegations of, authority to

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

16 of the Administration as the Commissioner may find nec17 essary. Within the limitations of such delegations,

18 redelegations, or assignments, all official acts and deci19 sions of such officers and employees shall have the same

20 force and effect as though performed or rendered by the

21 Commissioner.

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

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

24 the ‘Secretary’) shall consult, on an ongoing basis, to en25 sure—
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1 ‘‘(A) the coordination of the programs adminis2 tered by the Commissioner, as described in section

3 701, with the programs administered by the Sec4 retary under titles XVIII and XIX of this Act; and

5 ‘‘(B) that adequate information concerning ben6 efits under such titles XVIII and XIX shall be avail7 able to the public.

8 ‘‘Deputy Commissioner of Social Security

9 ‘‘(b)(1) There shall be in the Administration a Dep10 uty Commissioner of Social Security (hereafter in this title

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

12 appointed by the President, with the advice and consent

13 of the Senate.

14 ‘‘(2) The Deputy Commissioner shall be appointed

15 for a term of 4 years coincident with the term of the Com16 missioner, or until the appointment of a qualified succes17 sor.

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

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

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

21 duties and exercise such powers as the Commissioner shall

22 from time to time assign or delegate. The Deputy Com23 missioner shall be Acting Commissioner of the Adminis24 tration during the absence or disability of the Commis25 sioner and, unless the President designates another officer
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1 of the Government as Acting Commissioner, in the event

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

3 SEC. 103. SOCIAL SECURITY ADVISORY BOARD.

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

5 follows:

6 ‘‘SOCIAL SECURITY ADVISORY BOARD

7 ‘‘Establishment of Board

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

9 Security Advisory Board (hereinafter referred to as the

10 ‘Board’).

11 ‘‘Functions of the Board

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

13 policies related to the old-age, survivors, and disability in14 surance program under title II and the supplemental secu15 rity income program under title XVI. Specific functions

16 of the Board shall include—

17 ‘‘(1) analyzing the Nation’s retirement and dis18 ability systems and making recommendations with

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

20 insurance program and the supplemental security in21 come program, supported by other public and pri22 vate systems, can most effectively assure economic

23 security;

24 ‘‘(2) studying and making recommendations re25 lating to the coordination of programs that provide
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1 health security with programs described in para2 graph (1);

3 ‘‘(3) making recommendations to the President

4 and to the Congress with respect to policies that will

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

6 disability insurance program, both in the short-term

7 and the long-term;

8 ‘‘(4) making recommendations to the President

9 of candidates to consider in selecting nominees for

10 the position of Commissioner and Deputy Commis11 sioner;

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

13 service that the Administration provides to the pub14 lic;

15 ‘‘(6) reviewing and making recommendations

16 with respect to policies and regulations regarding

17 the old-age, survivors, and disability insurance pro18 gram and the supplemental security income pro19 gram;

20 ‘‘(7) increasing public understanding of the so21 cial security system;

22 ‘‘(8) in consultation with the Commissioner, re23 viewing the development and implementation of a

24 long-range research and program evaluation plan for

25 the Administration;
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1 ‘‘(9) reviewing and assessing any major studies

2 of social security as may come to the attention of

3 the Board; and

4 ‘‘(10) conducting such other reviews and assess5 ments that the Board determines to be appropriate.

6 ‘‘Structure and Membership of the Board

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

8 shall be appointed as follows:

9 ‘‘(1) 3 members shall be appointed by the

10 President, with the advice and consent of the Sen11 ate. Not more than 2 of such members shall be from

12 the same political party.

13 ‘‘(2) 2 members (each member from a different

14 political party) shall be appointed by the President

15 pro tempore of the Senate with the advice of the

16 Chairman and the Ranking Minority Member of the

17 Senate Committee on Finance.

18 ‘‘(3) 2 members (each member from a different

19 political party) shall be appointed by the Speaker of

20 the House of Representatives, with the advice of the

21 Chairman and the Ranking Minority Member of the

22 House Committee on Ways and Means.

23 ‘‘Terms of Appointment

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

25 of 6 years, except that—
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1 ‘‘(1) a member appointed to fill a vacancy oc2 curring prior to the expiration of the term for which

3 a predecessor was appointed, shall be appointed for

4 the remainder of such term; and

5 ‘‘(2) the terms of service of the members ini6 tially appointed under this section shall expire as fol7 lows:

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

9 initially appointed by the President shall expire

10 as designated by the President at the time of

11 nomination, 1 each at the end of—

12 ‘‘(i) 2 years;

13 ‘‘(ii) 4 years; and

14 ‘‘(iii) 6 years.

15 ‘‘(B) The terms of service of members ini16 tially appointed by the President pro tempore of

17 the Senate shall expire as designated by the

18 President pro tempore of the Senate at the time

19 of nomination, 1 each at the end of—

20 ‘‘(i) 4 years; and

21 ‘‘(ii) 6 years.

22 ‘‘(C) The terms of service of members ini23 tially appointed by the Speaker of the House of

24 Representatives shall expire as designated by
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1 the Speaker of the House of Representatives at

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

3 ‘‘(i) 3 years; and

4 ‘‘(ii) 5 years.

5 ‘‘Chairman

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

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

8 coincident with the term of the President, or until the des9 ignation of a successor.

10 ‘‘Compensation

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

12 follows:

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

14 25 percent of the rate for level III of the Executive

15 Schedule.

16 ‘‘(2) For days when the Board or any author17 ized subcommittee of the Board meets, members

18 who attend meetings on such days (including travel

19 time) shall receive additional compensation in an

20 amount equal to the daily equivalent of the rate for

21 level III of the Executive Schedule.

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

23 away from their homes or regular places of business,

24 members may be allowed travel expenses, including

25 per diem in lieu of subsistence, as authorized by sec-
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1 tion 5703 of title 5, United States Code, for persons

2 in the Government employed intermittently.

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

4 as Federal service or employment for purposes of re5 ceiving any benefits under chapters 83, 84, and 87

6 of title 5, United States Code.

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

8 of a health benefits plan under chapter 89 of title

9 5, United States Code. Such a member electing cov10 erage shall have the applicable employee contribu11 tions under section 8906 of such title withheld from

12 pay for service as a member of the Board. The Ad13 ministration shall pay the applicable Government

14 contributions under such section 8906 for such

15 member. The Office of Personnel Management shall

16 promulgate regulations to apply the provisions of

17 chapter 89 of such title to Board members electing

18 coverage as provided under this paragraph.

19 ‘‘Meetings

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

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

22 by the Chairman in consultation with the other members

23 of the Board.
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1 ‘‘Federal Advisory Committee Act

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

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

4 ‘‘Personnel

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

6 United States Code, appoint a Staff Director who shall

7 be paid at a rate equivalent to a rate for the Senior Execu8 tive Service.

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

10 5, United States Code, to appoint and fix the compensa11 tion of such additional personnel as the Board determines

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

13 ‘‘(3) In fixing the compensation of additional person14 nel under paragraph (2), the Board shall not authorize

15 that any individual appointed under such paragraph be

16 compensated at a rate that is greater than the rate of com17 pensation of the Staff Director described in paragraph (1).

18 ‘‘Authorization of Appropriation

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

20 expenditure, out of the Federal Disability Insurance Trust

21 Fund, the Federal Old Age and Survivors Insurance Trust

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

23 as the Congress may deem appropriate to carry out the

24 purposes of this section.’’.
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1 SEC. 104. PERSONNEL; BUDGETARY MATTERS; SEAL OF

2 OFFICE.

3 Section 704 is amended to read as follows:

4 ‘‘ADMINISTRATIVE DUTIES OF THE COMMISSIONER

5 ‘‘Personnel

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

7 such additional officers and employees as the Commis8 sioner considers necessary to carry out the functions of

9 the Administration under this Act. Except as otherwise

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

11 employees shall be appointed, and their compensation shall

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

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

14 experts and consultants in accordance with the provisions

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

16 ‘‘(3) Notwithstanding any requirements of section

17 3133 of title 5, United States Code, the Director of the

18 Office of Personnel Management shall authorize for the

19 Administration a total number of Senior Executive Service

20 positions which is substantially greater than the number

21 of such positions authorized in the Social Security Admin22 istration in the Department of Health and Human Serv23 ices as of immediately before the date of the enactment

24 of the Social Security Administration Independence Act

25 of 1993 to the extent that the greater number of such

26 authorized positions is specified in the comprehensive
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1 work force plan as established and revised by the Commis2 sioner under subsection (b)(1). The total number of such

3 positions authorized for the Administration shall not at

4 any time be less than the number of such authorized posi5 tions as of immediately before such date.

6 ‘‘Budgetary Matters

7 ‘‘(b)(1) Appropriations requests for staffing and per8 sonnel of the Administration shall be based upon a com9 prehensive work force plan, which shall be established and

10 revised from time to time by the Commissioner.

11 ‘‘(2) Appropriations for administrative expenses of

12 the Administration are authorized to be provided on a bi13 ennial basis.

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

15 be available on a contingency basis shall be apportioned

16 upon the occurrence of the stipulated contingency, as de17 termined by the Commissioner and reported to the Con18 gress.

19 ‘‘Employment Restriction

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

21 which may be excepted from the competitive service, on

22 a temporary or permanent basis, because of the confiden23 tial or policy-determining character of such positions, may

24 not exceed at any time the equivalent of 10 full-time posi25 tions.
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1 ‘‘Seal of Office

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

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

4 Commissioner shall approve. Judicial notice shall be taken

5 of such seal.’’.

6 SEC. 105. TRANSFERS TO THE NEW SOCIAL SECURITY AD7 MINISTRATION.

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

9 Security Administration all functions carried out by the

10 Secretary of Health and Human Services with respect to

11 the programs and activities the administration of which

12 is vested in the Social Security Administration by reason

13 of this title and the amendments made thereby. The Com14 missioner of Social Security shall allocate such functions

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

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

17 (b) PERSONNEL, ASSETS, ETC.—(1) There are trans18 ferred from the Department of Health and Human Serv19 ices to the Social Security Administration, for appropriate

20 allocation by the Commissioner of Social Security in the

21 Social Security Administration—

22 (A) the personnel employed in connection with

23 the functions transferred by this title and the

24 amendments made thereby; and
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1 (B) the assets, liabilities, contracts, property,

2 records, and unexpended balance of appropriations,

3 authorizations, allocations, and other funds em4 ployed, held, or used in connection with such func5 tions, arising from such functions, or available, or to

6 be made available, in connection with such functions.

7 (2) Unexpended funds transferred pursuant to this

8 subsection shall be used only for the purposes for which

9 the funds were originally authorized and appropriated.

10 (3) Any individual who is an employee of the Depart11 ment and who was not employed on the date of the enact12 ment of this title, in connection with functions transferred

13 by this title to the Administration, but who was so em14 ployed on the day before the date established pursuant to

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

16 of Health and Human Services to the Social Security Ad17 ministration by the Commissioner under subparagraph

18 (A) of paragraph (1), after consultation with the Secretary

19 of Health and Human Services, if the Commissioner deter20 mines such transfer to be appropriate.

21 (4) Any individual who is an employee of the Depart22 ment and who was employed on the date of the enactment

23 of this title, solely in connection with functions transferred

24 by this title to the Administration, and who was so em25 ployed on the day before the date established pursuant to
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1 section 107(a), shall be transferred from the Department

2 of Health and Human Services to the Social Security Ad3 ministration.

4 (c) ABOLISHMENT OF OFFICE OF COMMISSIONER IN

5 THE DEPARTMENT OF HEALTH AND HUMAN SERV6 ICES.—Effective upon the appointment of a Commissioner

7 of Social Security pursuant to section 702 of the Social

8 Security Act (as amended by this title)—

9 (1) the position of Commissioner of Social Se10 curity in the Department of Health and Human

11 Services is abolished; and

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

13 is amended by striking the following:

14 ‘‘Commissioner of Social Security, Department

15 of Health and Human Services.’’.

16 SEC. 106. TRANSITIONAL RULES.

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

18 after the date of the enactment of this Act, a transition

19 director shall be appointed by the President, who shall be

20 selected on the basis of experience and knowledge of the

21 operation of the Government.

22 (2) The transition director shall conduct activities

23 necessary to ensure the transition of the Social Security

24 Administration to the status of an independent agency in

25 the executive branch of the Government. In conducting
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1 such activities before the appointment of the Commis2 sioner of Social Security, the transition director shall con3 sult regularly with the Director of the Office of Manage4 ment and Budget. Upon such appointment, the transition

5 director shall conduct such activities at the direction of

6 the Commissioner of Social Security.

7 (3) The transition director shall be compensated at

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

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

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

11 Survivors Insurance Trust Fund and the Federal Disabil12 ity Insurance Trust Fund.

13 (b) INTERIM AUTHORITY FOR APPOINTMENT AND

14 COMPENSATION.—

15 (1) APPOINTMENT OF COMMISSIONER.—Within

16 60 days of the date of the enactment of this title,

17 the Commissioner of Social Security shall be ap18 pointed by the President pursuant to section 702 of

19 the Social Security Act (as amended by this title).

20 If the appointment is made pursuant to such section

21 before the date established pursuant to section

22 107(a), the Commissioner of Social Security shall

23 also perform the duties assigned to the Commis24 sioner of Social Security in the Department of

25 Health and Human Services.
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1 (2) OTHER APPOINTMENTS.—At any time on or

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

3 the other officers provided for in sections 702 and

4 703 of the Social Security Act (as amended by this

5 title) may be nominated and appointed, as provided

6 in such sections.

7 (3) COMPENSATION.—Funds available to any

8 official or component of the Department of Health

9 and Human Services, functions of which are trans10 ferred to the Commissioner of Social Security or the

11 Social Security Administration by this title, may

12 with the approval of the Director of the Office of

13 Management and Budget, be used to pay the com14 pensation and expenses of any officer appointed pur15 suant to this subsection until such time as funds for

16 that purpose are otherwise available.

17 (c) CONTINUATION OF ORDERS, DETERMINATIONS,

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

19 rules, regulations, permits, contracts, collective bargaining

20 agreements (and ongoing negotiations relating to such col21 lective bargaining agreements), recognitions of labor orga22 nizations, certificates, licenses, and privileges—

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

24 granted, or allowed to become effective, in the exer25 cise of functions (A) which were exercised by the
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1 Secretary of Health and Human Services (or the

2 Secretary’s delegate), and (B) which relate to func3 tions which, by reason of this title, the amendments

4 made thereby, and regulations prescribed there5 under, are vested in the Commissioner of Social Se6 curity; and

7 (2) which are in effect immediately before the

8 date established pursuant to section 107(a),

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

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

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

12 repealed by such Commissioner, except that any collective

13 bargaining agreement shall remain in effect until the date

14 of termination specified in such agreement.

15 (d) CONTINUATION OF PROCEEDINGS.—The provi16 sions of this title (including the amendments made there17 by) shall not affect any proceeding pending before the Sec18 retary of Health and Human Services immediately before

19 the date established pursuant to section 107(a), with re20 spect to functions vested (by reason of this title, the

21 amendments made thereby, and regulations prescribed

22 thereunder) in the Commissioner of Social Security, except

23 that such proceedings, to the extent that such proceedings

24 relate to such functions, shall continue before such Com25 missioner. Orders shall be issued under any such proceed-
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1 ing, appeals taken therefrom, and payments shall be made

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

3 had not been enacted, and orders issued in any such pro4 ceeding shall continue in effect until modified, terminated,

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

6 of competent jurisdiction, or by operation of law.

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

8 this subsection—

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

10 suits commenced before the date established pursu11 ant to section 107(a); and

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

13 appeals taken, and judgments rendered, in the same

14 manner and effect as if this title had not been en15 acted.

16 No cause of action, and no suit, action, or other proceed17 ing commenced by or against any officer in such officer’s

18 official capacity as an officer of the Department of Health

19 and Human Services, shall abate by reason of the enact20 ment of this title. Causes of action, suits, actions, or other

21 proceedings may be asserted by or against the United

22 States and the Social Security Administration, or such of23 ficial of such Administration as may be appropriate, and,

24 in any litigation pending immediately before the date es25 tablished pursuant to section 107(a), the court may at any
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1 time, on the court’s own motion or that of a party, enter

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

3 subsection (including, where appropriate, an order for sub4 stitution of parties).

5 (f) CONTINUATION OF PENALTIES.—This title 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 title, the

9 amendments made thereby, and regulations prescribed

10 thereunder) is vested in the Commissioner of Social Secu11 rity.

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

13 Commissioner of Social Security in the exercise of func14 tions vested in such Commissioner under this title (and

15 the amendments made thereby) shall be subject to judicial

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

17 such orders had been made and such actions had been

18 taken by the Secretary of Health and Human Services in

19 the exercise of such functions immediately before the date

20 established pursuant to section 107(a). Any statutory re21 quirements relating to notice, hearings, action upon the

22 record, or administrative review that apply to any function

23 so vested in such Commissioner shall continue to apply

24 to the exercise of such function by such Commissioner.
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1 (h) EXERCISE OF FUNCTIONS.—In the exercise of the

2 functions vested in the Commissioner of Social Security

3 under this title, the amendments made thereby, and regu4 lations prescribed thereunder, such Commissioner shall

5 have the same authority as that vested in the Secretary

6 of Health and Human Services with respect to the exercise

7 of such functions immediately preceding the vesting of

8 such functions in such Commissioner, and actions of such

9 Commissioner shall have the same force and effect as

10 when exercised by such Secretary.

11 (i) REPORT.—Within 120 days of the date of the en12 actment of this title, the transition director and the Com13 missioner of Social Security shall report to the Congress

14 on the status of the transition to an independent Social

15 Security Administration, and on any significant internal

16 restructuring or management improvements that are pro17 posed to be undertaken.

18 SEC. 107. EFFECTIVE DATES.

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

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

21 shall take effect on the earlier of—

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

23 of the enactment of this Act, or

24 (2) a date designated by the President.
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1 (b) TRANSITIONAL RULES.—Section 106 shall take

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

3 TITLE II—CONFORMING

4 AMENDMENTS

5 SEC. 201. AMENDMENTS TO TITLES II AND XVI OF THE SO6 CIAL SECURITY ACT.

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

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

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

10 1382 et seq.) (other than sections 1614(f)(2)(B) and

11 1616(e)(3)) are each amended—

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

13 ‘‘Secretary of Health and Human Services’’ and in14 serting ‘‘Commissioner of Social Security’’;

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

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

17 inserting ‘‘Social Security Administration’’;

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

19 ‘‘Department’’ (but only if it is not immediately suc20 ceeded by the words ‘‘of Health and Human Serv21 ices’’, and only if it is used in reference to the De22 partment of Health and Human Services) and in23 serting ‘‘Administration’’;

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

25 each of the following words (but, in the case of any
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1 such word only if such word refers to the Secretary

2 of Health and Human Services): ‘‘Secretary’’, ‘‘Sec3 retary’s’’, ‘‘his’’, ‘‘him’’, ‘‘he’’, ‘‘her’’, and ‘‘she’’,

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

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

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

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

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

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

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

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

12 Commissioner’’; and

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

14 ‘‘Internal Revenue Code of 1954’’ and inserting ‘‘In15 ternal Revenue Code of 1986’’.

16 (b) AMENDMENTS TO SECTION 201.—(1)(A) Sec17 tions 201(a)(3), 201(a)(4), 201(b)(1), and 201(b)(2) (42

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

19 respectively) are each amended by striking ‘‘Secretary of

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

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

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

23 401(a)(3) and 401(b)(1), respectively) are each amended

24 by striking ‘‘such Secretary’’ and inserting ‘‘such Commis25 sioner’’.
26

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

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

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

4 officio’’ and inserting the following: ‘‘shall be com5 posed of the Commissioner of Social Security, the

6 Secretary of the Treasury, and the Secretary of

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

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

9 Commissioner of Social Security’’ and inserting

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

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

12 amended—

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

14 Secretary of Health and Human Services’’ and in15 serting ‘‘by him, the Commissioner of Social Secu16 rity, and the Secretary of Health and Human Serv17 ices’’, and by striking ‘‘by the Department of Health

18 and Human Services and the Treasury Department’’

19 and inserting ‘‘by the Social Security Administra20 tion, the Department of Health and Human Serv21 ices, and the Department of the Treasury’’;

22 (B) in clause (ii), by striking ‘‘method pre23 scribed by the Board of Trustees under paragraph

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

25 under paragraph (4)’’, by striking ‘‘the Secretary of
27

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

2 Commissioner of Social Security and the Secretary

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

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

5 and inserting ‘‘the Social Security Administration

6 and the Department of Health and Human Serv7 ices’’; and

8 (C) by striking the last sentence and inserting

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

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

11 the Trust Funds, such amounts as the Congress

12 may deem appropriate to pay the costs of the part

13 of the administration of this title and title XVI for

14 which the Commissioner of Social Security is respon15 sible, the costs of title XVIII for which the Secretary

16 of Health and Human Services is responsible, and

17 the costs of carrying out the functions of the Social

18 Security Administration, specified in section 232,

19 which relate to the administration of provisions of

20 the Internal Revenue Code of 1986 other than those

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

22 subparagraph.’’.

23 (4) Section 201(g)(1) (42 U.S.C. 401(g)(1)) is fur24 ther amended by striking subparagraph (B) and inserting

25 the following new subparagraphs:
28

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

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

3 determine (I) the portion of the costs, incurred dur4 ing such fiscal year, of administration of this title

5 and title XVI and of carrying out the functions of

6 the Social Security Administration, specified in sec7 tion 232, which relate to the administration of provi8 sions of the Internal Revenue Code of 1986 (other

9 than those referred to in clause (i) of the first sen10 tence of subparagraph (A)), which should have been

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

12 portion of such costs which should have been borne

13 by the Federal Old-Age and Survivors Insurance

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

15 which should have been borne by the Federal Dis16 ability Insurance Trust Fund, and

17 ‘‘(ii) the Secretary of Health and Human Serv18 ices shall determine (I) the portion of the costs, in19 curred during such fiscal year, of administration of

20 title XVIII which should have been borne by the

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

22 such costs which should have been borne by the Fed23 eral Hospital Insurance Trust Fund, and (III) the

24 portion of such costs which should have been borne
29

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1 by the Federal Supplementary Medical Insurance

2 Trust Fund,

3 except that the determination of the amounts to be borne

4 by the general fund in the Treasury with respect to ex5 penditures incurred in carrying out such functions speci6 fied in section 232 shall be made pursuant to the applica7 ble method prescribed under paragraph (4) of this sub8 section.

9 ‘‘(C) After the determinations under subparagraph

10 (B) have been made for any fiscal year, the Commissioner

11 of Social Security and the Secretary of Health and Human

12 Services shall jointly certify to the Managing Trustee the

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

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

15 if any, which should be transferred between the Trust

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

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

18 Funds and the general fund in the Treasury have borne

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

20 year, for (i) the part of the administration of this title

21 and title XVI for which the Commissioner of Social Secu22 rity is responsible, (ii) the part of the administration of

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

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

25 the functions of the Social Security Administration, speci-
30

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1 fied in section 232, which relate to the administration of

2 provisions of the Internal Revenue Code of 1986 (other

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

4 of subparagraph (A)). The Managing Trustee shall trans5 fer any such amounts in accordance with any certification

6 so made.’’.

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

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

9 and maintained by the Secretary of Health and Human

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

11 of Social Security’’, and by striking ‘‘Secretary shall fur12 nish’’ and inserting ‘‘Commissioner of Social Security

13 shall furnish’’.

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

15 amended to read as follows:

16 ‘‘(4) The Commissioner of Social Security shall uti17 lize the method prescribed pursuant to this paragraph, as

18 in effect immediately before the date of the enactment of

19 the Social Security Administration Independence Act of

20 1993 for determining the costs which should be borne by

21 the general fund in the Treasury of carrying out the func22 tions of the Social Security Administration, specified in

23 section 232, which relate to the administration of provi24 sions of the Internal Revenue Code of 1986 (other than

25 those referred to in clause (i) of the first sentence of para-
31

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1 graph (1)(A)). If at any time or times thereafter the

2 Boards of Trustees of such Trust Funds consider such

3 action advisable, such Boards may modify the method of

4 determining such costs.’’.

5 (7) Section 201(i)(1) (42 U.S.C. 401(i)(1)) is amend6 ed to read as follows:

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

8 of the United States money gifts and bequests made un9 conditionally to the Federal Old-Age and Survivors Insur10 ance Trust Fund, the Federal Disability Insurance Trust

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

12 Federal Supplementary Medical Insurance Trust Fund or

13 to the Social Security Administration, the Department of

14 Health and Human Services, or any part or officer there15 of, for the benefit of any of such Funds or any activity

16 financed through such Funds.’’.

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

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

19 it appears and inserting ‘‘Commissioner of Social Secu20 rity’’.

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

22 401(l)(3)(B)(iii)(II)) is amended by striking ‘‘Secretary’’

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

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

25 amended by striking ‘‘Secretary of Health and Human
32

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1 Services’’ and inserting ‘‘Commissioner of Social Secu2 rity’’.

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

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

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

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

7 (42 U.S.C. 418(d)) is amended by striking ‘‘Secretary’’

8 each place it appears in paragraphs (3) and (7) and insert9 ing ‘‘Commissioner of Social Security’’.

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

11 (42 U.S.C. 431(c)) is amended by striking ‘‘Secretary de12 termines’’ and inserting ‘‘Commissioner of Social Security

13 and the Secretary jointly determine’’.

14 SEC. 202. OTHER AMENDMENTS.

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

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

17 following new section:

18 ‘‘DUTIES AND AUTHORITY OF SECRETARY

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

20 imposed upon the Secretary by this Act. The Secretary

21 is authorized to appoint and fix the compensation of such

22 officers and employees, and to make such expenditures as

23 may be necessary for carrying out the functions of the Sec24 retary under this Act.’’.

25 (2) Section 706 (42 U.S.C. 907) is amended—
33

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

2 Council on Social Security’’ and all that follows

3 through ‘‘disability insurance program and’’ and in4 serting ‘‘Advisory Council on Hospital and Supple5 mentary Medical Insurance for the purpose of re6 viewing the status of the Federal Hospital Insurance

7 Trust Fund and the Federal Supplementary Medical

8 Insurance Trust Fund in relation to the long-term

9 commitments of’’;

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

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

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

13 (C) by striking the section heading and insert14 ing the following:

15 ‘‘ADVISORY COUNCIL ON HOSPITAL AND SUPPLEMENTARY

16 MEDICAL INSURANCE’’.

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

18 910(b)) is amended by striking ‘‘(as estimated by the Sec19 retary)’’ and inserting ‘‘(for amounts which will be paid

20 from the Federal Old-Age and Survivors Insurance Trust

21 Fund and the Federal Disability Insurance Trust Fund,

22 as estimated by the Commissioner, and for amounts which

23 will be paid from the Federal Hospital Insurance Trust

24 and the Federal Supplementary Medical Insurance Trust

25 Fund, as estimated by the Secretary)’’.
34

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

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

3 each place it appears and inserting ‘‘Internal Revenue

4 Code of 1986’’.

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

6 1101(a) (42 U.S.C. 1301(a)) is amended by adding at the

7 end the following new paragraph:

8 ‘‘(10) The term ‘Administration’ means the So9 cial Security Administration, except where the con10 text requires otherwise.’’.

11 (2) Section 1106(a) (42 U.S.C. 1306(a)) is amend12 ed—

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

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

15 Human Services’’ each place it appears and insert16 ing ‘‘applicable agency’’;

17 (C) by striking ‘‘Secretary’’ each place it ap18 pears and inserting ‘‘head of the applicable agency’’;

19 and

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

21 paragraph:

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

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

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

25 respect to matter transmitted to or obtained by such
35

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1 Administration or matter disclosed by such Adminis2 tration, or

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

4 Services, with respect to matter transmitted to or

5 obtained by such Department or matter disclosed by

6 such Department.’’.

7 (3) Section 1106(b) (42 U.S.C. 1306(b)) is amend8 ed—

9 (A) by striking ‘‘Secretary’’ each place it ap10 pears and inserting ‘‘head of the applicable agency’’;

11 and

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

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

14 (4) Section 1106(c) (42 U.S.C. 1306(c)) is amend15 ed—

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

17 it appears and inserting ‘‘the Commissioner of Social

18 Security or the Secretary’’; and

19 (B) by striking ‘‘the Secretary’’ each subse20 quent place it appears and inserting ‘‘such Commis21 sioner or Secretary’’.

22 (5) Section 1107(b) (42 U.S.C. 1307(b)) is amended

23 by striking ‘‘the Secretary of Health and Human Serv24 ices’’ and inserting ‘‘the Commissioner of Social Security

25 or the Secretary’’.
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1 (6) Section 1110 (42 U.S.C. 1310) is amended—

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

3 Commissioner, with respect to any jointly financed

4 cooperative agreement or grant concerning titles II

5 or XVI)’’ after ‘‘Secretary’’;

6 (B) in subsection (b)—

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

8 appears and inserting ‘‘Commissioner’’, and

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

10 place it appears and inserting ‘‘the Commis11 sioner’s’’; and

12 (C) by striking ‘‘he’’, ‘‘his’’, ‘‘him’’, and ‘‘him13 self’’ each place they appear (except in subsection

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

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

16 or herself’’, respectively.

17 (7) Subsections (b) and (c) of section 1127 (42

18 U.S.C. 1320a–6) are each amended by striking ‘‘Sec19 retary’’ and inserting ‘‘Commissioner of Social Security’’.

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

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

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

23 205(l), any reference therein to the Commissioner of So24 cial Security or the Social Security Administration shall
37

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1 be considered a reference to the Secretary or the Depart2 ment of Health and Human Services, respectively’’.

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

4 (A) by striking ‘‘Secretary’’ each place it ap5 pears and inserting ‘‘Commissioner of Social Secu6 rity’’;

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

8 the end;

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

10 the end;

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

12 (E) by redesignating subsection (a)(2) as sub13 section (a)(3);

14 (F) by inserting after subsection (a)(1) the fol15 lowing new paragraph:

16 ‘‘(2) the Secretary makes a finding of fact and a deci17 sion as to the entitlement under section 226 of any indi18 vidual to hospital insurance benefits under part A of title

19 XVIII, or’’; and

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

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

22 inserting ‘‘the Commissioner of Social Security’’.

23 (10) Section 1155 (42 U.S.C. 1320c–4) is amended

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

25 205(b))’’ and all that follows and inserting ‘‘(to the same
38

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1 extent as beneficiaries under title II are entitled to a hear2 ing by the Commissioner of Social Security under section

3 205(b)). For purposes of the preceding sentence, sub4 section (l) of section 205 shall apply, except that any ref5 erence in such subsection to the Commissioner of Social

6 Security or the Social Security Administration shall be

7 deemed a reference to the Secretary or the Department

8 of Health and Human Services, respectively. Where the

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

10 shall be entitled to judicial review of any final decision

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

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

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

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

15 each place it appears and inserting ‘‘Internal Revenue

16 Code of 1986’’.

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

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

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

20 each place it appears and inserting ‘‘Commissioner of So21 cial Security’’.

22 (2) Section 1840(a) (42 U.S.C. 1395s(a)) is amend23 ed—

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

25 and inserting ‘‘Commissioner of Social Security’’,
39

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

2 ‘‘Such regulations shall be prescribed after consulta3 tion with the Secretary.’’; and

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

5 Health and Human Services’’ and inserting ‘‘Com6 missioner of Social Security’’.

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

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

9 applying such provisions with respect to this title, any ref10 erence therein to the Commissioner of Social Security or

11 the Social Security Administration shall be considered a

12 reference to the Secretary or the Department of Health

13 and Human Services, respectively’’.

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

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

16 1395mm(c)(5)(B)) are amended by inserting after ‘‘sec17 tion 205(g)’’ the following: ‘‘, except that, in so applying

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

19 the Commissioner of Social Security or the Social Security

20 Administration shall be considered a reference to the Sec21 retary or the Department of Health and Human Services,

22 respectively’’.

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

24 1395y, and 1395ww, respectively) are amended by striking
40

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

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

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

4 1905(q)(2) (42 U.S.C. 1396d(q)(2)) is amended by strik5 ing ‘‘Secretary’’ and inserting ‘‘Commissioner of Social

6 Security’’.

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

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

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

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

11 Commissioner of Social Security or the Social Security Ad12 ministration shall be considered a reference to the Sec13 retary or the Department of Health and Human Services,

14 respectively’’.

15 (e) AMENDMENT TO TITLE XX.—Section

16 2002(a)(2)(B) (42 U.S.C. 1397a(a)(2)(B)) is amended by

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

18 ‘‘Internal Revenue Code of 1986’’.

19 (f) AMENDMENTS TO TITLE 5, UNITED STATES

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

21 (1) by adding at the end of section 5311 the

22 following new item:

23 ‘‘Commissioner, Social Security Administra24 tion.’’;
41

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

2 following new item:

3 ‘‘Deputy Commissioner, Social Security Admin4 istration.’’; and

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

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

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

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

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

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

11 amended by inserting ‘‘the Commissioner of Social Secu12 rity and’’ before ‘‘the Secretary of Health and Human

13 Services’’.

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

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

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

17 each place it appears and inserting ‘‘Commissioner of So18 cial Security’’.

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

20 amended by adding ‘‘, the Commissioner of Social Secu21 rity’’ after ‘‘the Secretary’’.

22 (h) AMENDMENT TO TITLE 14, UNITED STATES

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

24 is amended by striking ‘‘Secretary of Health and Human
42

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1 Services’’ each place it appears and inserting ‘‘Commis2 sioner of Social Security’’.

3 (i) AMENDMENTS TO INTERNAL REVENUE CODE OF

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

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

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

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

8 place it appears and inserting ‘‘Commissioner of Social Se9 curity’’.

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

11 3121(b)(10)(B)) is amended by striking ‘‘Secretary of

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

13 inserting ‘‘Commissioner of Social Security’’.

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

15 amended by striking ‘‘Secretary of Health and Human

16 Services’’ each place it appears and inserting ‘‘Commis17 sioner of Social Security’’.

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

19 6050F(c)(1)(A)) is amended by striking ‘‘Secretary of

20 Health and Human Services’’ and inserting ‘‘Commis21 sioner of Social Security’’.

22 (5) Subsections (d) and (f) of section 6057 of such

23 Code (26 U.S.C. 6057) are amended by striking ‘‘Sec24 retary of Health and Human Services’’ each place it ap25 pears and inserting ‘‘Commissioner of Social Security’’.
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1 (6) Section 6103(l)(5) of such Code (26 U.S.C.

2 6103(l)(5)) is amended—

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

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

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

7 Human Services’’ and inserting ‘‘Commissioner of

8 Social Security’’.

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

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

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

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

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

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

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

17 (j) AMENDMENTS TO TITLE 31, UNITED STATES

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

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

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

22 (k) AMENDMENTS TO TITLE 38, UNITED STATES

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

24 amended—
44

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

2 Human Services’’ each place it appears and insert3 ing ‘‘Commissioner of Social Security’’; and

4 (2) by striking the second sentence of sub5 section (b) and inserting the following new sentence:

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

7 the Secretary or the Commissioner, together with

8 any additional information and supporting docu9 ments (or certifications thereof) which may have

10 been received by the Secretary or the Commissioner

11 with such application, and which may be needed by

12 the other official in connection therewith, shall be

13 transmitted by the Secretary or the Commissioner

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

15 (l) AMENDMENTS TO INSPECTOR GENERAL ACT OF

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

17 App.) is amended—

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

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

20 the following new subparagraph:

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

22 the functions of the Inspector General of the

23 Department of Health and Human Services re24 lating to the administration of the old-age, sur25 vivors, and disability insurance program under
45

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1 title II of the Social Security Act and of the

2 supplemental security income program under

3 title XVI of such Act; and’’;

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

5 ‘‘Commission’’ and inserting a semicolon, and by in6 serting after ‘‘Board;’’ the following: ‘‘or the Com7 missioner of Social Security;’’; and

8 (3) in section 11(2), by striking ‘‘or’’ after ‘‘In9 formation Agency,’’, and by inserting after ‘‘Veter10 ans’ Administration’’ the following: ‘‘, or the Social

11 Security Administration;’’.

12 SEC. 203. RULES OF CONSTRUCTION.

13 (a) REFERENCES TO THE DEPARTMENT OF HEALTH

14 AND HUMAN SERVICES.—Whenever any reference is made

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

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

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

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

20 under title II of the Social Security Act or the supple21 mental security income program under title XVI of such

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

23 Social Security Administration.

24 (b) REFERENCES TO THE SECRETARY OF HEALTH

25 AND HUMAN SERVICES.—Whenever any reference is made
46

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

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

3 document to the Secretary of Health and Human Services

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

6 title II of the Social Security Act or the supplemental se7 curity income program under title XVI of such Act, such

8 reference shall be considered a reference to the Commis9 sioner of Social Security.

10 (c) REFERENCES TO OTHER OFFICERS AND EM11 PLOYEES.—Whenever any reference is made in any provi12 sion of law (other than this Act or a provision of law

13 amended by this Act), regulation, rule, record, or docu14 ment to any other officer or employee of the Department

15 of Health and Human Services with respect to such officer

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

17 disability insurance program under title II of the Social

18 Security Act or the supplemental security income program

19 under title XVI of such Act, such reference shall be con20 sidered a reference to the appropriate officer or employee

21 of the Social Security Administration.

22 SEC. 204. EFFECTIVE DATES.

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

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

25 established pursuant to section 107(a).
47

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

2 of section 202 shall take effect on the date of the enact3 ment of this title.

Æ

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