I

103D CONGRESS

1ST SESSION H. R. 1864

To establish the Social Security Administration as an independent agency.

IN THE HOUSE OF REPRESENTATIVES

APRIL 27, 1993

Mr. BUNNING (for himself, Mr. HASTERT, Mr. WISE, Mr. SMITH of New Jersey, Mr. MCHUGH, Mr. SHAW, Mr. HANCOCK, Mr. BALLENGER, Mr. FAWELL, Mr. SPENCE, Mr. BOEHNER, Mr. SENSENBRENNER, Mr. GINGRICH, Mr. SOLOMON, Mrs. FOWLER, and Mr. MOLLOHAN) introduced the

following bill; which was referred to the Committee on Ways and Means

A BILL

To establish the Social Security Administration as an

independent agency.

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 This Act may be cited as the ‘‘Social Security Integ5 rity Act of 1993’’.

TABLE OF CONTENTS

Sec. 1. Short title and table of contents.

Sec. 2. Declaration of purposes.

TITLE I—ESTABLISHMENT OF THE SOCIAL SECURITY

ADMINISTRATION AS AN INDEPENDENT AGENCY

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

independent agency; responsibilities of the agency.
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Sec. 102. Administrator; Deputy Administrator; other officers.

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

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

Sec. 105. Transitional rules.

Sec. 106. Effective dates.

TITLE II—CONFORMING AMENDMENTS AND RULES OF

CONSTRUCTION

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

Sec. 202. Other conforming amendments.

Sec. 203. Rules of construction.

Sec. 204. Effective dates.

1 SEC. 2. DECLARATION OF PURPOSES.

2 The purposes of this Act are as follows:

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

5 Department of Health and Human Services;

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

8 and disability insurance program and supplemental

9 security income program;

10 (3) to establish an Administrator as head of the

11 Social Security Administration and define the pow12 ers and duties of such Administrator;

13 (4) to establish a Social Security Advisory

14 Board in the Administration; and

15 (5) to provide for delegating major authorities

16 to the Administrator.
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1 TITLE I—ESTABLISHMENT OF

2 THE SOCIAL SECURITY AD3 MINISTRATION AS AN INDE4 PENDENT AGENCY

5 SEC. 101. ESTABLISHMENT OF THE SOCIAL SECURITY AD6 MINISTRATION AS A SEPARATE, INDEPEND7 ENT AGENCY; RESPONSIBILITIES OF THE

8 AGENCY.

9 Section 701 of the Social Security Act (42 U.S.C.

10 901) is amended to read as follows:

11 ‘‘SOCIAL SECURITY ADMINISTRATION

12 ‘‘SEC. 701. There is hereby established, as an inde13 pendent agency in the executive branch of the Govern14 ment, a Social Security Administration. It shall be the

15 duty of the Administration to administer the old-age, sur16 vivors, and disability insurance program under title II and

17 the supplemental security income program under title

18 XVI.’’.

19 SEC. 102. ADMINISTRATOR OF THE SOCIAL SECURITY AD20 MINISTRATION AND OTHER OFFICERS.

21 (a) IN GENERAL.—Section 702 (42 U.S.C. 902) is

22 amended to read as follows:
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1 ‘‘ADMINISTRATOR AND OTHER OFFICERS

2 ‘‘Administrator

3 ‘‘SEC. 702. (a)(1) There shall be in the Administra4 tion an Administrator who shall be appointed by the Presi5 dent, with the advice and consent of the Senate.

6 ‘‘(2) The Administrator shall be compensated at the

7 rate provided for level I of the Executive Schedule.

8 ‘‘(3) The Administrator shall be appointed for a term

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

10 until the appointment of a qualified successor, and shall

11 be removable only for cause. The Administrator may be

12 appointed for additional terms.

13 ‘‘(4) The Administrator shall be selected on the basis

14 of proven competence as a manager.

15 ‘‘(5) The Administrator shall be responsible for the

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

17 the Administration, and shall have authority and control

18 over all personnel and activities thereof.

19 ‘‘(6) The Administrator may prescribe such rules and

20 regulations as the Administrator determines necessary or

21 appropriate to carry out the functions of the Administra22 tion. The regulations prescribed by the Administrator

23 shall be subject to the rulemaking procedures established

24 under section 553 of title 5, United States Code.
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1 ‘‘(7) The Administrator may establish, alter, consoli2 date, or discontinue such organizational units or compo3 nents within the Administration as the Administrator con4 siders necessary or appropriate, except that this para5 graph shall not apply with respect to any unit, component,

6 or provision provided for by this Act.

7 ‘‘(8) The Administrator may assign duties, and dele8 gate, or authorize successive redelegations of, authority to

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

10 of the Administration as the Administrator may find nec11 essary. Within the limitations of such delegations,

12 redelegations, or assignments, all official acts and deci13 sions of such officers and employees shall have the same

14 force and effect as though performed or rendered by the

15 Administrator.

16 ‘‘(9) The Administrator and the Secretary shall con17 sult, on an ongoing basis, to ensure—

18 ‘‘(A) the coordination of the programs adminis19 tered by the Administrator, as described in section

20 701, with the programs administered by the Sec21 retary under titles XVIII and XIX of this Act; and

22 ‘‘(B) that adequate information concerning ben23 efits under such titles XVIII and XIX shall be avail24 able to the public.
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1 ‘‘(10) The Administrator shall study and make rec2 ommendations as to the most effective methods of provid3 ing economic security through social insurance.

4 ‘‘Deputy Administrator of Social Security

5 ‘‘(b)(1) There shall be in the Administration a Dep6 uty Administrator of Social Security who shall be ap7 pointed by the President, with the advice and consent of

8 the Senate.

9 ‘‘(2) The Deputy Administrator shall be appointed

10 for a term of 4 years coincident with the term of the Ad11 ministrator, or until the appointment of a qualified succes12 sor.

13 ‘‘(3) The Deputy Administrator shall be compensated

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

15 ‘‘(4) The Deputy Administrator shall perform such

16 duties and exercise such powers as the Administrator shall

17 from time to time assign or delegate. The Deputy Admin18 istrator shall be Acting Administrator of the Administra19 tion during the absence or disability of the Administrator

20 and, unless the President designates another officer of the

21 Government as Acting Administrator, in the event of a

22 vacancy in the office of the Administrator.

23 ‘‘General Counsel

24 ‘‘(c)(1) There shall be in the Administration a Gen25 eral Counsel, who shall be appointed by and serve at the
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1 pleasure of the Administrator. The General Counsel shall

2 be the principal legal officer in the Administration.

3 ‘‘(2) The General Counsel shall be compensated at

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

5 ‘‘Inspector General

6 ‘‘(d)(1) There shall be in the Administration an Of7 fice of the Inspector General. Such Office shall be headed

8 by an Inspector General appointed in accordance with the

9 Inspector General Act of 1978.

10 ‘‘(2) The Inspector General shall be compensated at

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

12 ‘‘Chief Administrative Law Judge

13 ‘‘(e)(1) There shall be in the Administration an Office

14 of the Chief Administrative Law Judge, who shall be ap15 pointed by the Administrator. The duty of the Chief Ad16 ministrative Law Judge shall be to administer the affairs

17 of the administrative law judges serving in the Adminis18 tration in a manner so as to ensure that hearings and

19 other business are conducted by the administrative law

20 judges in accordance with applicable law and regulations.

21 ‘‘(2) The Chief Administrative Law Judge shall re22 port directly to the Administrator.’’.

23 (b) CONFORMING AMENDMENTS RELATING TO COM24 POSITION OF BOARD OF TRUSTEES OF OASDI TRUST
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1 FUNDS.—Section 201(c) of such Act (42 U.S.C. 401(c))

2 is amended—

3 (1) in the first sentence, by striking ‘‘shall be

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

5 officio’’ and inserting the following: ‘‘shall be com6 posed of the Administrator of the Social Security

7 Administration, the Secretary of Health and Human

8 Services, and the Secretary of the Treasury, all ex

9 officio’’;

10 (2) by inserting after the first sentence the fol11 lowing new sentence: ‘‘The Administrator of the So12 cial Security Administration shall be the Chair13 person of the Board of Trustees.’’; and

14 (3) by striking ‘‘The Commissioner of Social

15 Security shall serve as Secretary of the Board of

16 Trustees.’’.

17 SEC. 103. SOCIAL SECURITY ADVISORY BOARD.

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

19 follows:

20 ‘‘SOCIAL SECURITY ADVISORY BOARD

21 ‘‘Establishment of Board

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

23 Security Advisory Board (hereinafter referred to as the

24 ‘Board’).
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1 ‘‘Functions of the Board

2 ‘‘(b) The Board shall advise the Administrator on

3 policies related to the old-age, survivors, and disability in4 surance program under title II, the supplemental security

5 income program under title XVI, and on operations in the

6 Administration. Specific functions of the Board shall in7 clude—

8 ‘‘(1) studying and making recommendations as

9 to the most effective methods of providing economic

10 security through Federal old-age, survivors, and dis11 ability insurance benefits under title II and supple12 mental security income benefits under title XVI;

13 ‘‘(2) studying and making recommendations re14 lating to the coordination of other programs that

15 provide economic and health security with programs

16 described in paragraph (1);

17 ‘‘(3) making an independent assessment of the

18 annual report issued by the Board of Trustees, as

19 described in section 201, and issuing a report to the

20 President and to the Congress summarizing such as21 sessment;

22 ‘‘(4) making recommendations to the President

23 of candidates to consider in selecting nominees for

24 the position of Administrator and Deputy Adminis25 trator;
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1 ‘‘(5) reviewing and assessing the quality of

2 service received from the Administration by bene3 ficiaries and the general public, including among the

4 items so reviewed and assessed the notices, outreach,

5 and telephone access provided by the Administra6 tion;

7 ‘‘(6) making periodic assessments of the ade8 quacy of computer technology of the Administration

9 for support of program operations;

10 ‘‘(7) reviewing and assessing the progress of the

11 Administration in developing needed improvements

12 in the management of programs;

13 ‘‘(8) increasing public understanding of the so14 cial security system;

15 ‘‘(9) in consultation with the Administrator, re16 viewing the development and implementation of a

17 long-range research and program evaluation plan for

18 the Administration;

19 ‘‘(10) reviewing and assessing any major stud20 ies of social security as may come to the attention

21 of the Board;

22 ‘‘(11) on its own initiative, or as requested by

23 the President, the Committee on Ways and Means of

24 the House of Representatives, or the Committee on

25 Finance of the Senate, reviewing and assessing
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1 major legislative proposals regarding social security,

2 including an assessment of the administrative fea3 sibility and probable operational consequences of

4 those proposals; and

5 ‘‘(12) conducting such other reviews and assess6 ments that the Board determines to be appropriate.

7 ‘‘Structure and Membership of the Board

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

9 shall be appointed as follows:

10 ‘‘(1) 3 members shall be appointed by the

11 President, with the advice and consent of the Sen12 ate. Not more than 2 of such members shall be from

13 the same political party.

14 ‘‘(2) 2 members (each member from a different

15 political party) shall be appointed by the Speaker of

16 the House of Representatives, with the advice of the

17 Chairman and the Ranking Minority Member of the

18 Committee on Ways and Means of the House of

19 Representatives.

20 ‘‘(3) 2 members (each member from a different

21 political party) shall be appointed by the President

22 pro tempore of the Senate with the advice of the

23 Chairman and the Ranking Minority Member of the

24 Committee on Finance of the Senate.
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1 ‘‘Terms of Appointment

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

3 of 6 years, except that—

4 ‘‘(1) a member appointed to fill a vacancy oc5 curring prior to the expiration of the term for which

6 a predecessor was appointed, shall be appointed for

7 the remainder of such term; and

8 ‘‘(2) the terms of service of the members ini9 tially appointed under this section shall expire as fol10 lows:

11 ‘‘(A) of the terms of service of the mem12 bers initially appointed by the President—

13 ‘‘(i) 1 term shall expire June 30,

14 1996;

15 ‘‘(ii) 1 term shall expire June 30,

16 1998; and

17 ‘‘(iii) 1 term shall expire June 30,

18 2000;

19 as designated by the President at the time of

20 nomination;

21 ‘‘(B) Of the terms of service of members

22 initially appointed by the Speaker of the House

23 of Representatives—

24 ‘‘(i) 1 term shall expire June 30,

25 1997; and
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1 ‘‘(ii) 1 term shall expire June 30,

2 1999;

3 as designated by the Speaker of the House of

4 Representatives at the time of nomination; and

5 ‘‘(C) Of the terms of service of members

6 initially appointed by the President pro tempore

7 of the Senate—

8 ‘‘(i) 1 term shall expire June 30,

9 1998; and

10 ‘‘(ii) 1 term shall expire June 30,

11 2000;

12 as designated by the President pro tempore of

13 the Senate at the time of nomination.

14 ‘‘Chairman

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

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

17 coincident with the term of the President, or until the des18 ignation of a successor.

19 ‘‘Compensation

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

21 follows:

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

23 25 percent of the rate for level III of the Executive

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

3 who attend meetings on such days shall receive addi4 tional compensation in an amount equal to the daily

5 equivalent of the rate for level III of the Executive

6 Schedule.

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

8 as Federal service or employment for purposes of re9 ceiving any benefits under chapters 83, 84, and 87

10 of title 5, United States Code.

11 ‘‘Meetings

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

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

14 by the Chairman in consultation with the other members

15 of the Board.

16 ‘‘Federal Advisory Committee Act

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

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

19 ‘‘Personnel

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

21 United States Code, appoint a Staff Director who shall

22 be paid at a rate equivalent to a rate for the Senior Execu23 tive Service.

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

25 5, United States Code, to appoint and fix the compensa-
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1 tion of such additional personnel as the Board determines

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

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

5 that any individual appointed under such paragraph be

6 compensated at a rate that is greater than the rate of com7 pensation of the Staff Director described in paragraph (1).

8 ‘‘Authorization of Appropriation

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

10 expenditure, out of the Federal Disability Insurance Trust

11 Fund, the Federal Old Age and Survivors Insurance Trust

12 Fund, and the general fund of the Treasury, such sums

13 as the Congress may deem appropriate to carry out the

14 purposes of this section.’’.

15 SEC. 104. PERSONNEL; BUDGETARY MATTERS; FACILITIES;

16 AND PROCUREMENT; SEAL OF OFFICE.

17 Title VII of the Social Security Act is amended by

18 redesignating sections 704 through 711 (42 U.S.C. 904–

19 911) as sections 705 through 712, respectively, and by

20 inserting after section 703 (42 U.S.C. 903) the following

21 new section:

22 ‘‘ADMINISTRATIVE DUTIES OF THE ADMINISTRATOR

23 ‘‘Personnel

24 ‘‘SEC. 704. (a)(1) The Administrator shall appoint

25 such additional officers and employees as the Adminis26 trator considers necessary to carry out the Administrator’s
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1 functions. Except as otherwise provided in any other provi2 sion of law, such officers and employees shall be ap3 pointed, and their compensation shall be fixed, in accord4 ance with title 5, United States Code.

5 ‘‘(2) The Administrator may procure the services of

6 experts and consultants in accordance with the provisions

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

8 ‘‘(3) Notwithstanding section 3133 of title 5, United

9 States Code, the Director of the Office of Personnel Man10 agement shall authorize for the Administration a total

11 number of Senior Executive Service positions which—

12 ‘‘(A) shall be specified in the comprehensive

13 workforce plan established and revised by the Ad14 ministrator under subsection (b)(1), and

15 ‘‘(B) shall not be less than the number of such

16 positions authorized in the Social Security Adminis17 tration in the Department of Health and Human

18 Services as of immediately before the date of the en19 actment of the Social Security Integrity Act of 1993.

20 ‘‘Budgetary Matters

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

24 revised from time to time by the Administrator. The entire

25 amount of appropriations provided for the administrative
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1 costs of the Administration shall be apportioned in the

2 time period provided in title 31, United States Code, for

3 apportionment and shall be apportioned for the entire pe4 riod of availability without restriction or deduction by the

5 apportioning officer or employee of the Office of Manage6 ment and Budget or any other entity within the executive

7 branch of the Federal Government, except as otherwise

8 provided in this subsection.

9 ‘‘(2) The report submitted pursuant to section 704

10 shall include a section reflecting the use of budget author11 ity provided to the Administration by quarters.

12 ‘‘(3)(A) The authority of the Administration for fa13 cilities construction, and any authority of the Administra14 tion for automated data processing procurement which is

15 delegated thereto, shall be provided in the form of contract

16 authority covering the total costs thereof, to be available

17 until expended.

18 ‘‘(B) Amounts necessary for the liquidation of con19 tract authority provided pursuant to this paragraph are

20 hereby made available from the Federal Old-Age and Sur21 vivors Insurance Trust Fund and the Federal Disability

22 Insurance Trust Fund to the extent that the Adminis23 trator, with the concurrence of the Secretary of the Treas24 ury, determines that such amounts are not necessary to
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1 meet the current obligations for benefit payments from the

2 Trust Funds.

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

4 be available on a contingency basis shall be apportioned

5 only upon the occurrence of the stipulated contingency, as

6 determined by the Administrator and reported to each

7 House of the Congress.

8 ‘‘Seal of Office

9 ‘‘(c) The Administrator shall cause a seal of office

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

11 Administrator shall approve. Judicial notice shall be taken

12 of such seal.’’.

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

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

16 Security Administration all functions carried out by the

17 Secretary of Health and Human Services with respect to

18 the programs and activities the administration of which

19 is vested in the Social Security Administration by reason

20 of this Act and the amendments made thereby. The Ad21 ministrator of the Social Security Administration shall al22 locate such functions in accordance with sections 701,

23 702, 703, and 704 of the Social Security Act (as amended

24 by this Act).
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1 (b) PERSONNEL, ASSETS, ETC.—(1) There are trans2 ferred from the Department of Health and Human Serv3 ices to the Social Security Administration, for appropriate

4 allocation by the Administrator in the Social Security Ad5 ministration—

6 (A) the personnel (other than administrative

7 law judges) employed in connection with the func8 tions transferred by this Act and the amendments

9 made thereby, as considered appropriate by the Ad10 ministrator in consultation with the Secretary of

11 Health and Human Services,

12 (B) such number of administrative law judges

13 as are necessary to carry out the functions trans14 ferred by this Act and the amendments made there15 by, as determined by the Administrator in consulta16 tion with the Secretary of Health and Human Serv17 ices, and

18 (C) the assets, liabilities, contracts, property,

19 records, and unexpended balance of appropriations,

20 authorizations, allocations, and other funds em21 ployed, held, or used in connection with such func22 tions, arising from such functions, or available, or to

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

2 subsection shall be used only for the purposes for which

3 the funds were originally authorized and appropriated.

4 (c) ABOLISHMENT OF OFFICE OF COMMISSIONER IN

5 THE DEPARTMENT OF HEALTH AND HUMAN SERV6 ICES.—Effective upon the entry upon office of the initial

7 Administrator of the Social Security Administration pur8 suant to section 702 of the Social Security Act (as amend9 ed by this Act), the position of Commissioner of Social

10 Security in the Department of Health and Human Serv11 ices is abolished.

12 SEC. 106. TRANSITIONAL RULES.

13 (a) INTERIM AUTHORITY FOR APPOINTMENT AND

14 COMPENSATION.—At any time on or after the date of the

15 enactment of this Act—

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

17 702 of the Social Security Act (as amended by this

18 Act) may enter upon office, as provided in such sec19 tion, and

20 (2) the Administrator of the Social Security Ad21 ministration, upon entry upon office, may prescribe

22 regulations providing for the orderly transfer of pro23 ceedings before the Secretary of Health and Human

24 Services to the Administrator.
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1 Funds available to any official or component of the De2 partment of Health and Human Services, functions of

3 which are transferred to the Administrator or the Social

4 Security Administration by this Act, may, with the ap5 proval of the Director of the Office of Management and

6 Budget, be used to pay the compensation and expenses

7 of any officer entering upon office pursuant to this section

8 until such time as funds for that purpose are otherwise

9 available.

10 (b) CONTINUATION OF ORDERS, DETERMINATIONS,

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

12 rules, regulations, permits, contracts, collective bargaining

13 agreements, recognitions of labor organizations, certifi14 cates, licenses, and privileges—

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

16 granted, or allowed to become effective, in the exer17 cise of functions (A) which were exercised by the

18 Secretary of Health and Human Services (or his del19 egate), and (B) which relate to functions which, by

20 reason of this Act, the amendments made thereby,

21 and regulations prescribed thereunder, are vested in

22 the Administrator, and

23 (2) which are in effect immediately before

24 July 1, 1994,
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1 shall (to the extent that they relate to functions described

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

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

4 repealed, in accordance with law, by such Administrator,

5 except that any collective bargaining agreement shall re6 main in effect until the date of termination specified in

7 such agreement.

8 (c) CONTINUATION OF PROCEEDINGS.—The provi9 sions of this Act (including the amendments made there10 by) shall not affect any proceeding pending before the Sec11 retary of Health and Human Services immediately before

12 July 1, 1994, with respect to functions vested (by reason

13 of this Act, the amendments made thereby, and regula14 tions prescribed thereunder) in the Administrator, except

15 that such proceedings, to the extent that they relate to

16 such functions, shall continue before the Administrator.

17 Orders shall be issued under any such proceeding, appeals

18 taken therefrom, and payments shall be made pursuant

19 to such orders, in like manner as if this Act had not been

20 enacted, and orders issued in any such proceeding shall

21 continue in effect until modified, terminated, superseded,

22 or repealed by the Administrator, by a court of competent

23 jurisdiction, or by operation of law.

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

25 in this subsection—
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1 (1) the provisions of this Act shall not affect

2 suits commenced prior to July 1, 1994; and

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

4 appeals taken, and judgments rendered, in the same

5 manner and effect as if this Act had not been en6 acted.

7 No cause of action, and no suit, action, or other proceed8 ing commenced by or against any officer in his official ca9 pacity as an officer of the Department of Health and

10 Human Services, shall abate by reason of the enactment

11 of this Act. Causes of action, suits, actions, or other pro12 ceedings may be asserted by or against the United States

13 and the Social Security Administration, or such official of

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

15 litigation pending immediately before July 1, 1994, the

16 court may at any time, on its own motion or that of a

17 party, enter an order which will give effect to the provi18 sions of this subsection (including, where appropriate, an

19 order for substitution of parties).

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

21 not have the effect of releasing or extinguishing any crimi22 nal prosecution, penalty, forfeiture, or liability incurred as

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

24 amendments made thereby, and regulations prescribed

25 thereunder) is vested in the Administrator.
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1 (f) JUDICIAL REVIEW.—Orders and actions of the

2 Administrator in the exercise of functions vested in the

3 Administrator under this Act (and the amendments made

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

5 extent and in the same manner as if such orders had been

6 made and such actions had been taken by the Secretary

7 of Health and Human Services in the exercise of such

8 functions immediately before July 1, 1994. Any statutory

9 requirements relating to notice, hearings, action upon the

10 record, or administrative review that apply to any function

11 so vested in the Administrator shall continue to apply to

12 the exercise of such function by the Administrator.

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

14 functions vested in the Administrator under this Act, the

15 amendments made thereby, and regulations prescribed

16 thereunder, the Administrator shall have the same author17 ity as that vested in the Secretary of Health and Human

18 Services with respect to the exercise of such functions im19 mediately preceding the vesting of such functions in the

20 Administrator, and actions of the Administrator shall have

21 the same force and effect as when exercised by such Sec22 retary.

23 (h) REPORT.—Within 180 days after the date of the

24 enactment of this Act, the Secretary of Health and

25 Human Services and the Comptroller General of the Unit-
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1 ed States shall each advise the chairmen and ranking mi2 nority members of the Committee on Ways and Means of

3 the House of Representatives and the Committee on Fi4 nance of the Senate on the status of the transition to an

5 independent Social Security Administration, including in6 formation as to timeliness in filling appointments, co7 operation encountered in relationships with the Depart8 ment of Health and Human Services and other agencies,

9 and any technical problems resulting from the provisions

10 of, and amendments made by, this title.

11 SEC. 107. EFFECTIVE DATES.

12 (a) IN GENERAL.—Sections 101, 102(a), 103, 104,

13 and 105 of this Act shall take effect July 1, 1994.

14 (b) EXCEPTIONS.—Section 102(b) of this Act shall

15 take effect upon the entry into office of the initial Admin16 istrator of the Social Security Administration. Section 106

17 of this Act shall take effect on the date of the enactment

18 of this Act.

19 (c) NEW SPENDING AUTHORITY.—Any new spending

20 authority provided by this title shall be effective for any

21 fiscal year only to such extent or in such amounts as are

22 provided in advance in appropriation Acts.
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1 TITLE II—CONFORMING AMEND2 MENTS AND RULES OF CON3 STRUCTION

4 SEC. 201. AMENDMENTS TO TITLES II AND XVI OF THE SO5 CIAL SECURITY ACT.

6 (a) IN GENERAL.—Title II of the Social Security Act

7 (other than section 201, section 218(d), section 226, sec8 tion 226A, and section 231(c)) and title XVI of such Act

9 (other than section 1614(f)(2)(B) and section 1616(e)(3))

10 are each amended—

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

12 ‘‘Secretary of Health and Human Services’’ and in13 serting ‘‘Administrator of the Social Security Ad14 ministration’’;

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, the

25 words ‘‘Secretary’’ and ‘‘Secretary’s’’ (but, in the
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1 case of either such word only if such word refers to

2 the Secretary of Health and Human Services) and

3 inserting (in the case of the word ‘‘Secretary’’) ‘‘Ad4 ministrator’’ and (in the case of the word ‘‘Sec5 retary’s’’) ‘‘Administrator’s’’; and

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

7 ‘‘Internal Revenue Code of 1954’’ and inserting ‘‘In8 ternal Revenue Code of 1986’’.

9 (b) AMENDMENTS TO SECTION 218.—Section 218(d)

10 of such Act (42 U.S.C. 418(d)) is amended by striking

11 ‘‘Secretary’’ each place it appears in paragraphs (3) and

12 (7) and inserting ‘‘Administrator’’.

13 (c) AMENDMENTS TO SECTION 222.—Section 222(d)

14 of such Act (42 U.S.C. 422(d)) is amended—

15 (1) in the last sentence of paragraph (1), by

16 striking ‘‘Commissioner of Social Security’’ and in17 serting ‘‘Administrator of the Social Security Ad18 ministration’’; and

19 (2) in the first sentence of paragraph (2), by

20 striking ‘‘Commissioner of Social Security’’ and in21 serting ‘‘Administrator of the Social Security Ad22 ministration’’.

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

24 of such Act (42 U.S.C. 431(c)) is amended by striking
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1 ‘‘Secretary determines’’ and inserting ‘‘Administrator and

2 the Secretary jointly determine’’.

3 (e) AMENDMENT TO SECTION 1615.—Section

4 1615(d) of such Act (422 U.S.C. 1832d(d)) is amended

5 by striking ‘‘Commissioner of Social Security’’ and insert6 ing ‘‘Administrator of the Social Security Administra7 tion’’.

8 SEC. 202. OTHER CONFORMING AMENDMENTS.

9 Title VII of the Social Security Act is amended—

10 (1) by striking section 705 (as redesignated by

11 section 104(a) of this Act) (42 U.S.C. 904) and in12 serting the following new section:

13 ‘‘REPORTS

14 ‘‘SEC. 705. The Secretary and the Administrator

15 shall make full reports to Congress, within 120 days after

16 the beginning of each regular session, of the administra17 tion of the functions with which they are charged under

18 this Act. In addition to the number of copies of such re19 ports authorized by other law to be printed, there is hereby

20 authorized to be printed not more than 5,000 copies of

21 each such report for use by the Secretary and Adminis22 trator for distribution to Members of Congress and to

23 State and other public or private agencies or organizations

24 participating in or concerned with the programs provided

25 for in this Act.’’;
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1 (2) in section 710(b)(2) (as redesignated by

2 section 104(a) of this Act) (42 U.S.C. 910(b)(2)), by

3 striking ‘‘(as estimated by the Secretary)’’ and in4 serting ‘‘, as estimated by the Administrator or the

5 Secretary (whichever administers the program in6 volved),’’; and

7 (3) by adding at the end the following new sec8 tion:

9 ‘‘DUTIES AND AUTHORITY OF SECRETARY

10 ‘‘SEC. 713. (a) The Secretary shall perform the du11 ties imposed upon him by this Act and shall also have the

12 duty of studying and making recommendations as to the

13 most effective methods of providing economic security and

14 as to legislation and matters of administrative policy con15 cerning the programs administered by the Secretary and

16 related subjects; except that nothing in this section shall

17 be construed to require the Secretary to make studies or

18 recommendations with respect to programs administered

19 by the Social Security Administration.

20 ‘‘(b) The Secretary is authorized to appoint and fix

21 the compensation of such officers and employees, and to

22 make such expenditures, as may be necessary for carrying

23 out the Secretary’s functions under this Act. Appoint24 ments of attorneys and experts may be made without re25 gard to the civil service laws.’’.
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1 SEC. 203. RULES OF CONSTRUCTION.

2 (a) REFERENCES TO THE DEPARTMENT OF HEALTH

3 AND HUMAN SERVICES.—Whenever any reference is made

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

5 of law amended by this Act), regulation, rule, record, court

6 order, or other document to the Department of Health and

7 Human Services with respect to such Department’s func8 tions under the old-age, survivors, and disability insurance

9 program under title II of the Social Security Act or the

10 supplemental security income program under title XVI of

11 such Act, such reference shall be considered a reference

12 to the Social Security Administration.

13 (b) REFERENCES TO THE SECRETARY 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, court

17 order, or other document to the Secretary of Health and

18 Human Services with respect to such Secretary’s functions

19 under the old-age, survivors, and disability insurance pro20 gram under title II of the Social Security Act or the sup21 plemental security income program under title XVI of

22 such Act, such reference shall be considered a reference

23 to the Administrator of the Social Security Administra24 tion.

25 (c) REFERENCES TO OTHER OFFICERS AND EM26 PLOYEES.—Whenever any reference is made in any provi-
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1 sion of law (other than this Act or a provision of law

2 amended by this Act), regulation, rule, record, or docu3 ment to any other officer or employee of the Department

4 of Health and Human Services with respect to such offi5 cer’s or employee’s functions under the old-age, survivors,

6 and disability insurance program under title II of the So7 cial Security Act or the supplemental security income pro8 gram under title XVI of such Act, such reference shall

9 be considered a reference to the appropriate officer or em10 ployee of the Social Security Administration.

11 SEC. 204. EFFECTIVE DATES.

12 (a) IN GENERAL.—The preceding provisions of this

13 title shall take effect July 1, 1994.

14 (b) NEW SPENDING AUTHORITY.—Any new spending

15 authority provided by this title shall be effective for any

16 fiscal year only to such extent or in such amounts as are

17 provided in advance in appropriation Acts.

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