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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5260 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5260

 To amend the Social Security Act to prevent disability fraud, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2014

Mr. Sam Johnson of Texas (for himself, Mrs. Black, Mr. Brady of Texas, 
Mr. Griffin of Arkansas, and Mr. Kelly of Pennsylvania) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Social Security Act to prevent disability fraud, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Disability Fraud Act of 2014''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                  TITLE I--COMBATING CONSPIRACY FRAUD

Sec. 101. Expansion of cooperative disability investigations units.
Sec. 102. Exclusion of certain medical sources of evidence.
Sec. 103. Immediate suspension of claimant representatives upon certain 
                            convictions or disbarment.
Sec. 104. New and stronger penalties.
Sec. 105. Review of highest-earning claimant representatives.
              TITLE II--STRENGTHENING PROGRAM PROTECTIONS

Sec. 201. Pre-effectuation and post-effectuation quality reviews of 
                            hearing dispositions.
Sec. 202. Uniform qualification standards for disability determination 
                            decision makers.
Sec. 203. Increased transparency.
Sec. 204. Data exchange standardization.
               TITLE III--MODERNIZING DISABILITY PROGRAMS

Sec. 301. Updating of medical-vocational guidelines.
Sec. 302. Research and demonstration projects.
Sec. 303. Referrals to vocational rehabilitation or other public or 
                            private return-to-work service providers.
Sec. 304. Online benefit assessment tools.
                  TITLE IV--OTHER PROGRAM IMPROVEMENTS

Sec. 401. Real property acquired by the Trust Funds.
Sec. 402. Rules relating to distribution of death information furnished 
                            to or maintained by the Social Security 
                            Administration.
Sec. 403. Reconsiderations of disability cessation determinations.

                  TITLE I--COMBATING CONSPIRACY FRAUD

SEC. 101. EXPANSION OF COOPERATIVE DISABILITY INVESTIGATIONS UNITS.

    Not later than October 1, 2016, the Commissioner of Social Security 
shall take any necessary actions to ensure that cooperative disability 
investigations units have been established that would cover each of the 
50 States, the District of Columbia, Puerto Rico, Guam, the Northern 
Mariana Islands, the Virgin Islands, and American Samoa.

SEC. 102. EXCLUSION OF CERTAIN MEDICAL SOURCES OF EVIDENCE.

    (a) In General.--Section 223(d)(5) of the Social Security Act (42 
U.S.C. 423(d)(5)) is amended by adding at the end the following:
    ``(C) In making any determination with respect to whether an 
individual is under a disability or continues to be under a disability, 
the Commissioner of Social Security may not consider any evidence 
furnished by an unlicensed or sanctioned physician or health care 
practitioner.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to determinations of disability made on or after the 
date that is 1 year after the date of the enactment of this Act.

SEC. 103. IMMEDIATE SUSPENSION OF CLAIMANT REPRESENTATIVES UPON CERTAIN 
              CONVICTIONS OR DISBARMENT.

    Section 206(a)(1) of the Social Security Act (42 U.S.C. 406(a)(1)) 
is amended--
            (1) in the third sentence, by striking ``disbarred or'' 
        each place it appears; and
            (2) by inserting after the third sentence the following: 
        ``Upon conviction of an individual for a felony or a crime of 
        moral turpitude in a Federal or State Court or, in the case of 
        an attorney, upon disbarment from any court or bar to which he 
        or she was previously admitted to practice, the Commissioner 
        may, after due notice, immediately disqualify or suspend the 
        individual from appearing as a claimant representative before 
        the Social Security Administration, pending an expedited 
        hearing.''

SEC. 104. NEW AND STRONGER PENALTIES.

    (a) Conspiracy To Commit Social Security Fraud.--
            (1) Amendment to title ii.--Section 208(a) of the Social 
        Security Act (42 U.S.C. 408(a)) is amended--
                    (A) in paragraph (7)(C), by striking ``or'' at the 
                end;
                    (B) in paragraph (8), by adding ``or'' at the end; 
                and
                    (C) by inserting after paragraph (8) the following:
    ``(9) conspires to commit any offense described in any of 
paragraphs (1) through (8),''.
            (2) Amendment to title viii.--Section 811(a) of such Act 
        (42 U.S.C. 1011(a)) is amended--
                    (A) in paragraph (3), by striking ``or'' at the 
                end;
                    (B) in paragraph (4), by striking the comma and 
                adding ``; or'' at the end; and
                    (C) by inserting after paragraph (4) the following:
    ``(5) conspires to commit any offense described in any of 
paragraphs (1) through (4),''.
            (3) Amendment to title xvi.--Section 1632(a) of such Act 
        (42 U.S.C. 1383a(a)) is amended--
                    (A) in paragraph (3), by striking ``or'' at the 
                end;
                    (B) in paragraph (4), by adding ``or'' at the end; 
                and
                    (C) by inserting after paragraph (4) the following:
    ``(5) conspires to commit any offense described in any of 
paragraphs (1) through (4),''.
    (b) Increased Criminal Penalties for Certain Individuals in 
Positions of Trust.--
            (1) Amendment to title ii.--Section 208(a) of the Social 
        Security Act (42 U.S.C. 408(a)), as amended by subsection (a), 
        is further amended by striking the period at the end and 
        inserting ``, except that in the case of a person who receives 
        a fee or other income for services performed in connection with 
        any determination with respect to benefits under this title 
        (including a claimant representative, translator, or current or 
        former employee of the Social Security Administration), or who 
        is a physician or other health care provider who submits, or 
        causes the submission of, medical or other evidence in 
        connection with any such determination, such person shall be 
        guilty of a felony and upon conviction thereof shall be fined 
        under title 18, United States Code, or imprisoned for not more 
        than ten years, or both.''.
            (2) Amendment to title viii.--Section 811(a) of such Act 
        (42 U.S.C. 1011(a)), as amended by subsection (a), is further 
        amended by striking the period at the end and inserting ``, 
        except that in the case of a person who receives a fee or other 
        income for services performed in connection with any 
        determination with respect to benefits under this title 
        (including a claimant representative, translator, or current or 
        former employee of the Social Security Administration), or who 
        is a physician or other health care provider who submits, or 
        causes the submission of, medical or other evidence in 
        connection with any such determination, such person shall be 
        guilty of a felony and upon conviction thereof shall be fined 
        under title 18, United States Code, or imprisoned for not more 
        than ten years, or both.''.
            (3) Amendment to title xvi.--Section 1632(a) of such Act 
        (42 U.S.C. 1383a(a)), as amended by subsection (a), is further 
        amended by striking the period at the end and inserting ``, 
        except that in the case of a person who receives a fee or other 
        income for services performed in connection with any 
        determination with respect to benefits under this title 
        (including a claimant representative, translator, or current or 
        former employee of the Social Security Administration), or who 
        is a physician or other health care provider who submits, or 
        causes the submission of, medical or other evidence in 
        connection with any such determination, such person shall be 
        guilty of a felony and upon conviction thereof shall be fined 
        under title 18, United States Code, or imprisoned for not more 
        than ten years, or both.''.
    (c) Increased Civil Monetary Penalties for Certain Individuals in 
Positions of Trust.--Section 1129(a)(1) of the Social Security Act (42 
U.S.C.1320a-8(a)(1)) is amended, in the matter following subparagraph 
(C), by inserting after ``withholding disclosure of such fact'' the 
following: ``, except that in the case of such a person who receives a 
fee or other income for services performed in connection with any such 
determination (including a claimant representative, translator, or 
current or former employee of the Social Security Administration) or 
who is a physician or other health care provider who submits, or causes 
the submission of, medical or other evidence in connection with any 
such determination, the amount of such penalty shall be not more than 
$7,500''.
    (d) Establishment of Sanctions for Violations by Claimant 
Representatives.--
            (1) In general.--Section 206(a)(1) of the Social Security 
        Act (42 U.S.C. 406(a)(1)) is amended by inserting after ``or 
        who violates any provision of this section for which a penalty 
        is prescribed.'' the following: ``The Commissioner of Social 
        Security shall establish rules under which fines and other 
        sanctions the Commissioner determines to be appropriate may be 
        imposed for failure to comply with the Commissioner's rules and 
        regulations.''
            (2) Collection of fines.--Section 206(d)(3) of such Act (42 
        U.S.C. 406(d)(3)) is amended by inserting after ``under 
        paragraph (1)'' the following: ``, and any fine imposed on the 
        attorney under subsection (a)(1),''.
    (e) Civil Monetary Penalty on Claimant Representatives.--Section 
1129(a) of the Social Security Act (42 U.S.C. 1320a-8(a)) is amended by 
adding at the end the following:
            ``(4) Any person (including an organization, agency, or 
        other entity) who, while acting as a claimant representative 
        pursuant to section 206, knowingly charges, demands, receives, 
        or collects for services rendered in excess of the maximum fee 
        prescribed by the Commissioner of Social Security or allowed by 
        a court in connection with proceedings before the court to 
        which section 206(b)(1) is applicable, shall be subject to, in 
        addition to any other penalties that may be prescribed by law, 
        a civil monetary penalty of not more than $7,500 for each 
        violation. Such person shall also be subject to an assessment, 
        in lieu of damages sustained by the United States resulting 
        from the improper payment, of not more than twice the amount of 
        any payments so received.''.
    (f) Inflation Adjustment of Certain Civil Monetary Penalties.--
Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended 
by inserting after section 1129B the following:

``SEC. 1129C. CIVIL MONETARY PENALTY INFLATION ADJUSTMENT.

    ``(a) Adjustment by Regulation.--The Commissioner of Social 
Security shall, not later than 180 days after the date of enactment of 
the Stop Disability Fraud Act of 2014, and at least once every 4 years 
thereafter--
            ``(1) by regulation adjust the maximum amount of each civil 
        monetary penalty by the inflation adjustment described under 
        subsection (b); and
            ``(2) publish each such regulation in the Federal Register.
    ``(b) Amount of Adjustment.--The inflation adjustment under 
subsection (a) shall be determined by increasing the maximum amount of 
each civil monetary penalty by the cost-of-living adjustment. Any 
increase determined under this subsection shall be rounded to the 
nearest--
            ``(1) multiple of $1,000 in the case of penalties greater 
        than $1,000 but less than or equal to $10,000; and
            ``(2) multiple of $5,000 in the case of penalties greater 
        than $10,000 but less than or equal to $100,000.
    ``(c) Definitions.--For purposes of this section--
            ``(1) the term `civil monetary penalty' means--
                    ``(A) a penalty imposed by paragraph (1) or (3) of 
                section 1129(a); and
                    ``(B) a penalty imposed by paragraph (1) or (2) of 
                section 1140(b).
            ``(2) the term `cost-of-living adjustment' means the 
        percentage (if any) for each civil monetary penalty by which--
                    ``(A) the Consumer Price Index for all Urban 
                Consumers (CPI-U) for the month of June of the calendar 
                year preceding the adjustment, exceeds
                    ``(B) the CPI-U for the month of June of the 
                calendar year in which the amount of such civil 
                monetary penalty was last set or adjusted pursuant to 
                law.
    ``(d) Application of Increase.--Any increase under this Act in a 
civil monetary penalty shall apply only to violations which occur after 
the date the increase takes effect.''.
    (g) Mandatory Restitution in Social Security Fraud Cases.--
            (1) Amendments to title ii.--Section 208(b) of the Social 
        Security Act (42 U.S.C. 408(c)) is amended--
                    (A) in paragraph (1), by striking ``may order'' and 
                inserting ``shall order'';
                    (B) in paragraph (2), by striking ``3663'' and 
                inserting ``3663A'';
                    (C) by striking paragraph (3); and
                    (D) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively.
            (2) Amendments to title viii.--Section 811(b) of such Act 
        (42 U.S.C. 1011(b)) is amended--
                    (A) in paragraph (1), by striking ``may order'' and 
                inserting ``shall order'';
                    (B) in paragraph (2), by striking ``3663'' and 
                inserting ``3663A'';
                    (C) by striking paragraph (3); and
                    (D) by redesignating paragraph (4) as paragraph 
                (3).
            (3) Amendments to title xvi.--Section 1632(b) of such Act 
        (42 U.S.C. 1383a(b)) is amended--
                    (A) in paragraph (1), by striking ``may order'' and 
                inserting ``shall order'';
                    (B) in paragraph (2), by striking ``3663'' and 
                inserting ``3663A'';
                    (C) by striking paragraph (3); and
                    (D) by redesignating paragraph (4) as paragraph 
                (3).
            (4) Effective date.--The amendments made by paragraphs (1), 
        (2), and (3) shall apply with respect to violations occurring 
        on or after the date of the enactment of this Act.
    (h) References to Social Security and Medicare in Electronic 
Communications.--
            (1) In general.--Section 1140(a)(1) of the Social Security 
        Act (42 U.S.C. 1320b-10(a)(1)) is amended by inserting 
        ``(including any Internet or other electronic communication)'' 
        after ``or other communication''.
            (2) Each communication treated as separate violation.--
        Section 1140(b) of such Act (42 U.S.C. 1320b-10(b)) is amended 
        by inserting after the second sentence the following: ``In the 
        case of any items referred to in subsection (a)(1) consisting 
        of Internet or other electronic communications, each 
        dissemination, viewing, or accessing of such a communication 
        which contains one or more words, letters, symbols, or emblems 
        in violation of subsection (a) shall represent a separate 
        violation.''.
    (i) No Benefits Payable to Individuals for Whom a Civil Monetary 
Penalty Is Imposed for Fraudulently Concealing Work Activity.--Section 
222(c)(5) of the Social Security Act (42 U.S.C. 422(c)(5)) is amended 
by inserting after ``conviction by a Federal court'' the following: ``, 
or the imposition of a civil monetary penalty under section 1129,''.

SEC. 105. REVIEW OF HIGHEST-EARNING CLAIMANT REPRESENTATIVES.

    Not later than 1 year after the date of the enactment of this Act 
and biennially thereafter, the Inspector General of the Social Security 
Administration shall conduct biennial reviews of the practices of a 
sample of the highest earning claimant representatives to ensure 
compliance with the policies of the Social Security Administration.

              TITLE II--STRENGTHENING PROGRAM PROTECTIONS

SEC. 201. PRE-EFFECTUATION AND POST-EFFECTUATION QUALITY REVIEWS OF 
              HEARING DISPOSITIONS.

    (a) Amendments to Title II.--Section 205(b) of the Social Security 
Act (42 U.S.C. 405(b)) is amended by adding at the end the following:
    ``(4)(A) The Commissioner of Social Security shall conduct pre-
effectuation and post-effectuation quality reviews of hearing 
dispositions with respect to decisions in connection with applications 
for benefits under this title, in a sufficient number to ensure 
compliance with laws, regulations, and other guidance issued by the 
Commissioner of Social Security.
    ``(B) The Commissioner of Social Security shall annually submit to 
the Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate a report that includes--
            ``(i) the total number of cases selected for a quality 
        review as described in paragraph (1);
            ``(ii) the number of such cases in which a decision is 
        remanded; and
            ``(iii) the number of such cases in which a decision is 
        modified or reversed.''.
    (b) Amendment to Title XVI.--Section 1633 of the Social Security 
Act (42 U.S.C. 1383b) is amended by adding at the end the following:
    ``(f)(1) The Commissioner of Social Security shall conduct pre-
effectuation and post-effectuation quality reviews of hearing 
dispositions with respect to decisions in connection with applications 
for benefits under this title, in a sufficient number to ensure 
compliance with laws, regulations, and other guidance issued by the 
Commissioner of Social Security.
    ``(2) The Commissioner of Social Security shall annually submit to 
the Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate a report that includes--
            ``(A) the total number of cases selected for a quality 
        review as described in paragraph (1);
            ``(B) the number of such cases in which a decision is 
        remanded; and
            ``(C) the number of such cases in which a decision is 
        modified or reversed.''.

SEC. 202. UNIFORM QUALIFICATION STANDARDS FOR DISABILITY DETERMINATION 
              DECISION MAKERS.

    (a) In General.--Section 221(k)(1) of the Social Security Act (42 
U.S.C. 421(k)(1)) is amended by inserting at the end before the period 
the following: ``, including standard qualifications for State and 
Federal decision makers and medical or vocational advisors involved in 
the disability determination process''.
    (b) Effective Date.--The regulations required to be issued as a 
result of the amendment made by paragraph (1) shall become final not 
later than 1 year after the date of the enactment of this Act.

SEC. 203. INCREASED TRANSPARENCY.

    Not later than 180 days after the date of the enactment of this Act 
and annually thereafter, the Commissioner of Social Security shall 
produce and make publicly available comprehensive program information 
to guide disability policy and procedures and to guide accuracy and 
consistency in decision making, including information relating to 
productivity, processing time, pending workloads, and decision outcomes 
with respect to each hearing officer, hearing office, and region and 
with respect to the disability insurance program as a whole. Such 
program information shall also include the same data, categorized by 
office, State, region, and the program as a whole, with respect to each 
of the following: initial disability determinations; reconsiderations; 
continuing disability reviews; and reconsiderations of continuing 
disability reviews.

SEC. 204. DATA EXCHANGE STANDARDIZATION.

    (a) In General.--Section 704 of the Social Security Act (42 U.S.C. 
904) is amended by adding at the end the following:
    ``(f) Data Exchange Standards for Improved Interoperability.--
            ``(1) Designation.--The Commissioner shall, in consultation 
        with an interagency work group established by the Office of 
        Management and Budget and considering State and other Federal 
        government perspectives, designate data exchange standards to 
        govern, under titles II, VIII, and XVI--
                    ``(A) necessary categories of information that 
                State agencies operating programs under State plans 
                approved under this part are required under applicable 
                Federal law to electronically exchange with another 
                State agency; and
                    ``(B) Federal reporting and data exchange required 
                under applicable Federal law.
            ``(2) Requirements.--The data exchange standards required 
        by paragraph (1) shall, to the extent practicable--
                    ``(A) incorporate a widely accepted, non-
                proprietary, searchable, computer-readable format, such 
                as the eXtensible Markup Language;
                    ``(B) contain interoperable standards developed and 
                maintained by intergovernmental partnerships, such as 
                the National Information Exchange Model;
                    ``(C) incorporate interoperable standards developed 
                and maintained by Federal entities with authority over 
                contracting and financial assistance;
                    ``(D) be consistent with and implement applicable 
                accounting principles;
                    ``(E) be implemented in a manner that is cost-
                effective and improves program efficiency and 
                effectiveness; and
                    ``(F) be capable of being continually upgraded as 
                necessary.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to require a change to existing data 
        exchange standards found to be effective and efficient.''.
    (b) Plan for Public Comment.--The Commissioner shall issue a plan 
for public comment on its website within 24 months after the date of 
the enactment of subsection (a). The plan shall--
            (1) identify federally required data exchanges, include 
        specification and timing of exchanges to be standardized, and 
        address the factors used in determining whether and when to 
        standardize data exchanges; and
            (2) specify implementation options and describe future 
        milestones for standardizing data for improved 
        interoperability.

               TITLE III--MODERNIZING DISABILITY PROGRAMS

SEC. 301. UPDATING OF MEDICAL-VOCATIONAL GUIDELINES.

    As soon as possible after the date of the enactment of this Act, 
the Commissioner of Social Security shall prescribe rules and 
regulations that update the medical-vocational guidelines, as set forth 
in appendix 2 to subpart P of part 404 of title 20, Code of Federal 
Regulations, used in disability determinations, including full 
consideration of new employment opportunities made possible by advances 
in treatment, rehabilitation, and technology.

SEC. 302. RESEARCH AND DEMONSTRATION PROJECTS.

    Section 1110 of the Social Security Act (42 U.S.C. 1310), as 
amended by section 202(b), is further amended by adding at the end the 
following:
    ``(e) Research and demonstration projects conducted pursuant to 
subsection (a)(1) shall include the following:
            ``(1) To be completed not later than the end of calendar 
        year 2016, development of instruments to assess function that 
        are rapid, reliable, and objective to inform the disability 
        determination process.
            ``(2) To be completed not later than the end of calendar 
        year 2016, studies of the availability and effects of more 
        fully considering assistive devices and workplace 
        accommodations in the disability determination process.
    ``(f)(1) Not later than June 9 of each year, the Commissioner shall 
submit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate an annual 
interim report on the progress of any research, experimental, pilot, 
and demonstration projects conducted under this section, including, for 
each such project, project focus, project design, project timeframe 
(including specific start and end dates), past and estimated future 
costs, any evaluation progress, and any other related data and 
materials that the Commissioner may consider appropriate.
    ``(2) In the case of any research, experimental, pilot, or 
demonstration project conducted under this section that is not in 
effect as of the date of the enactment of the Stop Disability Fraud Act 
of 2014, such project may not be placed into effect until at least 90 
days after the Commissioner submits to the Committee on Ways and Means 
of the House of Representatives and the Committee on Finance of the 
Senate a written report on the project, prepared for purposes of 
notification and information only and containing a full and complete 
description of the project, including project focus, project design, 
project timeframe (including specific start and end dates), estimated 
costs, and evaluation plan.
    ``(3) Each research, experimental, pilot, or demonstration project 
conducted under this section shall terminate not later than the end 
date specified in the reports described in paragraphs (1) and (2).''.

SEC. 303. REFERRALS TO VOCATIONAL REHABILITATION OR OTHER PUBLIC OR 
              PRIVATE RETURN-TO-WORK SERVICE PROVIDERS.

    (a) Amendment to Title II.--Section 222 of the Social Security Act 
(42 U.S.C. 422) is amended by inserting before subsection (c) the 
following:
    ``(a) Referral for Rehabilitation Services.--(1) The Commissioner 
of Social Security may make provision for the referral of individuals 
who are denied benefits under this title based on an adverse 
determination of disability to an appropriate public or private entity 
for employment services, vocational rehabilitation services, or other 
support services.''.
    (b) Amendment to Title XVI.--Section 1615 of such Act (42 U.S.C. 
1382d) is amended by inserting after subsection (a) the following:
    ``(b)(1) In the case of any individual who has not attained age 65 
and is denied benefits under this title based on an adverse 
determination of disability, the Commissioner of Social Security may 
make provision for referral of such individual to an appropriate public 
or private entity for employment services, vocational rehabilitation 
services, or other support services.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply with respect to applications for monthly insurance benefits 
filed on or after the date that is 180 days after the date of the 
enactment of this Act.

SEC. 304. ONLINE BENEFIT ASSESSMENT TOOLS.

    Not later than 1 year after the date of the enactment of this Act, 
the Commissioner of Social Security shall make publicly available 
through the website of the Social Security Administration on-line tools 
to allow all individuals eligible for benefits based on disability 
under titles II and XVI of the Social Security Act to assess the impact 
of earnings on the individual's eligibility for, and amount of, 
benefits received through Federal and State benefit programs.

                  TITLE IV--OTHER PROGRAM IMPROVEMENTS

SEC. 401. REAL PROPERTY ACQUIRED BY THE TRUST FUNDS.

    (a) In General.--Section 201(g) of the Social Security Act (42 
U.S.C. 401(g)) is amended by adding at the end the following:
    ``(5)(A) Notwithstanding any other provision of law, for any real 
property acquired using funds derived from the Trust Funds--
            ``(i) the Managing Trustee shall record such property as an 
        asset of the Trust Fund from which such funds were derived;
            ``(ii) any net proceeds from the disposition of such 
        property sold at any time shall be deposited in such Trust 
        Fund, to be invested by the Managing Trustee in the same manner 
        and to the same extent as the other assets of such Trust Fund; 
        and
            ``(iii) the use of such real property shall be restricted 
        to purposes of carrying out the duties of the Commissioner as 
        authorized by this Act and any other Federal law.''.
    (b) Prohibition on Use of Trust Funds for Certain Administrative 
Costs.--Section 201(g)(5) of the Social Security Act (42 U.S.C. 
401(g)(5)), as added by subsection (a), is further amended by adding at 
the end the following:
    ``(B)(i) Funds made available for expenditure pursuant to the 
authorization in this subsection may not be used for the operation and 
maintenance of real property in amounts that exceed the actual costs of 
such operation and maintenance, including any amounts for overhead, 
space and services, repair, replacement, or depreciation.
    ``(ii) For purposes of this subparagraph, funds made available for 
the replacement of the National Computer Center shall be deemed to be 
funds made available as described in clause (i).''.
    (c) Annual Report.--Section 201(c) of the Social Security Act (42 
U.S.C. 401(c)) is amended by inserting after the second sentence in the 
matter following paragraph (5) the following: ``Such statement of 
assets shall include an estimate of the fair market value of all real 
property recorded as an asset of the Trust Funds at the end of the 
preceding fiscal year.''.
    (d) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to real property acquired using funds solely derived 
from the Trust Funds and disposed of on, before, or after the date of 
enactment of this Act.

SEC. 402. RULES RELATING TO DISTRIBUTION OF DEATH INFORMATION FURNISHED 
              TO OR MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION.

    (a) In General.--Section 205(r) of the Social Security Act (42 
U.S.C. 405(r)) is amended--
            (1) in paragraph (2), by inserting ``, and to ensure 
        completeness, timeliness, and accuracy of,'' after 
        ``transmitting'';
            (2) by striking paragraph (3) and inserting the following:
    ``(3) The Commissioner of Social Security shall, to the extent 
feasible, provide for the use of information regarding deceased 
individuals furnished to or maintained by the Commissioner, subject to 
such safeguards as the Commissioner of Social Security determines are 
necessary or appropriate to protect the information from unauthorized 
use or disclosure, to any Federal or State agency providing or 
administering Federally funded benefits to individuals, other than 
benefits under this Act, through a cooperative arrangement with such 
agency designed to ensure proper payment of those benefits with respect 
to such individuals if--
            ``(A) under such arrangement the agency provides 
        reimbursement to the Commissioner of Social Security for the 
        reasonable costs of carrying out such arrangement, including 
        the reasonable costs associated with the collection and 
        maintenance of information regarding deceased individuals 
        furnished to the Commissioner pursuant to paragraph (1); and
            ``(B) such arrangement does not conflict with the duties of 
        the Commissioner of Social Security under paragraph (1).''; and
            (3) in paragraph (4), by inserting ``or in benefit and 
        pension plans for employees of the States or local 
        governments'' after ``by the States''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 60 days after the date of the enactment 
of this section.

SEC. 403. RECONSIDERATIONS OF DISABILITY CESSATION DETERMINATIONS.

    (a) In General.--Section 205(b)(2) of the Social Security Act (42 
U.S.C. 405(b)(2)) is amended, in the matter following subparagraph 
(C)--
            (1) in the second sentence, by striking ``where the finding 
        was originally made by the State agency, and shall be made by 
        the Commissioner of Social Security where the finding was 
        originally made by the Commissioner of Social Security'' and 
        inserting ``regardless of whether the finding was originally 
        made by the State agency or the Commissioner of Social 
        Security'';
            (2) in the third sentence, by striking ``which was 
        originally made by such State agency''; and
            (3) in the fourth sentence, by striking ``which was 
        originally made by the Commissioner of Social Security''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to determinations of disability made on or after the 
date that is 180 days after the date of the enactment of this Act.
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