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(c) TABLE OF CONTENTS.—The table of contents of 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, inde-
pendent agency.
Sec. 102. Commissioner and Deputy Commissioner of Social Security.
Sec. 103. Social Security Advisory Board.
Sec. 104. Personnel; budgetary matters; seal of office.
Sec. 105. Transfers to the new Social Security Administration.
Sec. 106. Transitional rules.
Sec. 107. Effective dates.
TITLE II—CONFORMING AMENDMENTS
Sec. 201. Amendments to titles II and XVI of the Social Security Act.
Sec. 202. Other amendments.
Sec. 203. Rules of construction.
Sec. 204. Effective dates.
TITLE III—SOCIAL SECURITY DISABILITY AND REHABILITATION
Sec. 301. Short title.
Sec. 302. Reform of monthly insurance benefits based on disability involving sub-
stance abuse.
Sec. 303. Priority of treatment.
Sec. 304. Establishment of referral monitoring agencies required in all States.
Sec. 305. Proceeds from certain criminal activities constitute substantial gainful
employment.
Sec. 306. Consistent penalty provisions for SSDI and SSI programs.
TITLE I—ESTABLISHMENT OF
NEW INDEPENDENT AGENCY
SEC. 101. ESTABLISHMENT OF SOCIAL SECURITY ADMINIS-
TRATION AS A SEPARATE, INDEPENDENT
AGENCY.
Section 701 (42 U.S.C. 901) is amended to read as
follows:
‘‘SOCIAL SECURITY ADMINISTRATION
‘‘SEC. 701. There is hereby established, as an inde-
pendent agency in the executive branch of the Government,
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a Social Security Administration (hereafter in this title re-
ferred to as the ‘Administration’). It shall be the duty of
the Administration to administer the old-age, survivors,
and disability insurance program under title II and the
supplemental security income program under title XVI.’’.
SEC. 102. COMMISSIONER AND DEPUTY COMMISSIONER OF
SOCIAL SECURITY.
Section 702 (42 U.S.C. 902) is amended to read as
follows:
‘‘COMMISSIONER AND DEPUTY COMMISSIONER
‘‘Commissioner of Social Security
‘‘SEC. 702. (a)(1) There shall be in the Administration
a Commissioner of Social Security (hereafter in this title
referred to as the ‘Commissioner’) who shall be appointed
by the President, with the advice and consent of the Senate.
‘‘(2) The Commissioner shall be compensated at the
rate provided for level I of the Executive Schedule.
‘‘(3) The Commissioner shall be appointed for a term
of 4 years coincident with the term of the President, or until
the appointment of a qualified successor.
‘‘(4) The Commissioner shall be responsible for the ex-
ercise of all powers and the discharge of all duties of the
Administration, and shall have authority and control over
all personnel and activities thereof.
‘‘(5) The Commissioner may prescribe such rules and
regulations as the Commissioner determines necessary or
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appropriate to carry out the functions of the Administra-
tion. The regulations prescribed by the Commissioner shall
be subject to the rulemaking procedures established under
section 553 of title 5, United States Code.
‘‘(6) The Commissioner may establish, alter, consoli-
date, or discontinue such organizational units or compo-
nents within the Administration as the Commissioner con-
siders necessary or appropriate, except that this paragraph
shall not apply with respect to any unit, component, or pro-
vision provided for by this Act.
‘‘(7) The Commissioner may assign duties, and dele-
gate, or authorize successive redelegations of, authority to
act and to render decisions, to such officers and employees
of the Administration as the Commissioner may find nec-
essary. Within the limitations of such delegations,
redelegations, or assignments, all official acts and decisions
of such officers and employees shall have the same force and
effect as though performed or rendered by the Commissioner.
‘‘(8) The Commissioner and the Secretary of Health
and Human Services (hereafter in this title referred to as
the ‘Secretary’) shall consult, on an ongoing basis, to en-
sure—
‘‘(A) the coordination of the programs adminis-
tered by the Commissioner, as described in section
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701, with the programs administered by the Secretary
under titles XVIII and XIX of this Act; and
‘‘(B) that adequate information concerning bene-
fits under such titles XVIII and XIX shall be avail-
able to the public.
‘‘Deputy Commissioner of Social Security
‘‘(b)(1) There shall be in the Administration a Deputy
Commissioner of Social Security (hereafter in this title re-
ferred to as the ‘Deputy Commissioner’) who shall be ap-
pointed by the President, with the advice and consent of
the Senate.
‘‘(2) The Deputy Commissioner shall be appointed for
a term of 4 years coincident with the term of the
Commissioner, or until the appointment of a qualified
successor.
‘‘(3) The Deputy Commissioner shall be compensated
at the rate provided for level II of the Executive Schedule.
‘‘(4) The Deputy Commissioner shall perform such du-
ties and exercise such powers as the Commissioner shall
from time to time assign or delegate. The Deputy Commis-
sioner shall be Acting Commissioner of the Administration
during the absence or disability of the Commissioner and,
unless the President designates another officer of the Gov-
ernment as Acting Commissioner, in the event of a vacancy
in the office of the Commissioner.’’.
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SEC. 103. SOCIAL SECURITY ADVISORY BOARD.
Section 703 (42 U.S.C. 903) is amended to read as
follows:
‘‘SOCIAL SECURITY ADVISORY BOARD
‘‘Establishment of Board
‘‘SEC. 703. (a) There shall be established a Social Secu-
rity Advisory Board (hereinafter referred to as the ‘Board’).
‘‘Functions of the Board
‘‘(b) The Board shall advise the Commissioner on poli-
cies related to the old-age, survivors, and disability insur-
ance program under title II and the supplemental security
income program under title XVI. Specific functions of the
Board shall include—
‘‘(1) analyzing the Nation’s retirement and dis-
ability systems and making recommendations with
respect to how the old-age, survivors, and disability
insurance program and the supplemental security in-
come program, supported by other public and private
systems, can most effectively assure economic security;
‘‘(2) studying and making recommendations re-
lating to the coordination of programs that provide
health security with programs described in paragraph
(1);
‘‘(3) making recommendations to the President
and to the Congress with respect to policies that will
ensure the solvency of the old-age, survivors, and dis-
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ability insurance program, both in the short-term and
the long-term;
‘‘(4) making recommendations to the President of
candidates to consider in selecting nominees for the
position of Commissioner and Deputy Commissioner;
‘‘(5) reviewing and assessing the quality of serv-
ice that the Administration provides to the public;
‘‘(6) reviewing and making recommendations
with respect to policies and regulations regarding the
old-age, survivors, and disability insurance program
and the supplemental security income program;
‘‘(7) increasing public understanding of the so-
cial security system;
‘‘(8) in consultation with the Commissioner, re-
viewing the development and implementation of a
long-range research and program evaluation plan for
the Administration;
‘‘(9) reviewing and assessing any major studies
of social security as may come to the attention of the
Board; and
‘‘(10) conducting such other reviews and assess-
ments that the Board determines to be appropriate.
‘‘Structure and Membership of the Board
‘‘(c) The Board shall be composed of 7 members who
shall be appointed as follows:
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‘‘(1) 3 members shall be appointed by the Presi-
dent, with the advice and consent of the Senate. Not
more than 2 of such members shall be from the same
political party.
‘‘(2) 2 members (each member from a different
political party) shall be appointed by the President
pro tempore of the Senate with the advice of the
Chairman and the Ranking Minority Member of the
Senate Committee on Finance.
‘‘(3) 2 members (each member from a different
political party) shall be appointed by the Speaker of
the House of Representatives, with the advice of the
Chairman and the Ranking Minority Member of the
House Committee on Ways and Means.
‘‘Terms of Appointment
‘‘(d) Each member of the Board shall serve for a term
of 6 years, except that—
‘‘(1) a member appointed to fill a vacancy occur-
ring prior to the expiration of the term for which a
predecessor was appointed, shall be appointed for the
remainder of such term; and
‘‘(2) the terms of service of the members initially
appointed under this section shall expire as follows:
‘‘(A) The terms of service of the members
initially appointed by the President shall expire
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as designated by the President at the time of
nomination, 1 each at the end of—
‘‘(i) 2 years;
‘‘(ii) 4 years; and
‘‘(iii) 6 years.
‘‘(B) The terms of service of members ini-
tially appointed by the President pro tempore of
the Senate shall expire as designated by the
President pro tempore of the Senate at the time
of nomination, 1 each at the end of—
‘‘(i) 4 years; and
‘‘(ii) 6 years.
‘‘(C) The terms of service of members ini-
tially appointed by the Speaker of the House of
Representatives shall expire as designated by the
Speaker of the House of Representatives at the
time of nomination, 1 each at the end of—
‘‘(i) 3 years; and
‘‘(ii) 5 years.
‘‘Chairman
‘‘(e) A member of the Board shall be designated by the
President to serve as Chairman for a term of 4 years, coin-
cident with the term of the President, or until the designa-
tion of a successor.
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‘‘Compensation
‘‘(f) Members of the Board shall be compensated as fol-
lows:
‘‘(1) Members shall be paid at a rate equal to 25
percent of the rate for level III of the Executive Sched-
ule.
‘‘(2) For days when the Board or any authorized
subcommittee of the Board meets, members who attend
meetings on such days (including travel time) shall
receive additional compensation in an amount equal
to the daily equivalent of the rate for level III of the
Executive Schedule.
‘‘(3) While serving on business of the Board
away from their homes or regular places of business,
members may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by sec-
tion 5703 of title 5, United States Code, for persons
in the Government employed intermittently.
‘‘(4) Service on the Board shall not be treated as
Federal service or employment for purposes of receiv-
ing any benefits under chapters 83, 84, and 87 of title
5, United States Code.
‘‘(5) A member of the Board may elect coverage
of a health benefits plan under chapter 89 of title 5,
United States Code. Such a member electing coverage
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shall have the applicable employee contributions
under section 8906 of such title withheld from pay for
service as a member of the Board. The Administra-
tion shall pay the applicable Government contribu-
tions under such section 8906 for such member. The
Office of Personnel Management shall promulgate reg-
ulations to apply the provisions of chapter 89 of such
title to Board members electing coverage as provided
under this paragraph.
‘‘Meetings
‘‘(g) The Board shall meet not less than 6 times each
year to consider a specific agenda of issues, as determined
by the Chairman in consultation with the other members
of the Board.
‘‘Federal Advisory Committee Act
‘‘(h) The Board shall be exempt from the provisions
of the Federal Advisory Committee Act (5 U.S.C. App.).
‘‘Personnel
‘‘(i)(1) The Board shall, without regard to title 5,
United States Code, appoint a Staff Director who shall be
paid at a rate equivalent to a rate for the Senior Executive
Service.
‘‘(2) The Board is authorized, without regard to title
5, United States Code, to appoint and fix the compensation
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of such additional personnel as the Board determines to be
necessary to carry out the functions of the Board.
‘‘(3) In fixing the compensation of additional person-
nel under paragraph (2), the Board shall not authorize that
any individual appointed under such paragraph be com-
pensated at a rate that is greater than the rate of compensa-
tion of the Staff Director described in paragraph (1).
‘‘Authorization of Appropriation
‘‘(j) There are authorized to be made available for ex-
penditure, out of the Federal Disability Insurance Trust
Fund, the Federal Old Age and Survivors Insurance Trust
Fund, and the general fund in the Treasury, such sums as
the Congress may deem appropriate to carry out the pur-
poses of this section.’’.
SEC. 104. PERSONNEL; BUDGETARY MATTERS; SEAL OF
OFFICE.
Section 704 is amended to read as follows:
‘‘ADMINISTRATIVE DUTIES OF THE COMMISSIONER
‘‘Personnel
‘‘SEC. 704. (a)(1) The Commissioner shall appoint
such additional officers and employees as the Commissioner
considers necessary to carry out the functions of the Admin-
istration under this Act. Except as otherwise provided in
any other provision of law, such officers and employees shall
be appointed, and their compensation shall be fixed, in ac-
cordance with title 5, United States Code.
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‘‘(2) The Commissioner may procure the services of ex-
perts and consultants in accordance with the provisions of
section 3109 of title 5, United States Code.
‘‘(3) Notwithstanding any requirements of section
3133 of title 5, United States Code, the Director of the Office
of Personnel Management shall authorize for the Adminis-
tration a total number of Senior Executive Service posi-
tions which is substantially greater than the number of such
positions authorized in the Social Security Administration
in the Department of Health and Human Services as of
immediately before the date of the enactment of the Social
Security Administration Independence Act of 1994 to the
extent that the greater number of such authorized positions
is specified in the comprehensive work force plan as estab-
lished and revised by the Commissioner under subsection
(b)(1). The total number of such positions authorized for
the Administration shall not at any time be less than the
number of such authorized positions as of immediately be-
fore such date.
‘‘Budgetary Matters
‘‘(b)(1) Appropriations requests for staffing and per-
sonnel of the Administration shall be based upon a com-
prehensive work force plan, which shall be established and
revised from time to time by the Commissioner.
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‘‘(2) Appropriations for administrative expenses of the
Administration are authorized to be provided on a biennial
basis.
‘‘(3) Funds appropriated for the Administration to be
available on a contingency basis shall be apportioned upon
the occurrence of the stipulated contingency, as determined
by the Commissioner and reported to the Congress.
‘‘Employment Restriction
‘‘(c) The number of positions in the Administration
which may be excepted from the competitive service, on a
temporary or permanent basis, because of the confidential
or policy-determining character of such positions, may not
exceed at any time the equivalent of 10 full-time positions.
‘‘Seal of Office
‘‘(d) The Commissioner shall cause a seal of office to
be made for the Administration of such design as the Com-
missioner shall approve. Judicial notice shall be taken of
such seal.’’.
SEC. 105. TRANSFERS TO THE NEW SOCIAL SECURITY AD-
MINISTRATION.
(a) FUNCTIONS.—There are transferred to the Social
Security Administration all functions carried out by the
Secretary of Health and Human Services with respect to
the programs and activities the administration of which is
vested in the Social Security Administration by reason of
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this title and the amendments made thereby. The Commis-
sioner of Social Security shall allocate such functions in
accordance with sections 701, 702, 703, and 704 of the So-
cial Security Act (as amended by this title).
(b) PERSONNEL, ASSETS, ETC.—(1) There are trans-
ferred from the Department of Health and Human Services
to the Social Security Administration, for appropriate allo-
cation by the Commissioner of Social Security in the Social
Security Administration—
(A) the personnel employed in connection with
the functions transferred by this title and the amend-
ments made thereby; and
(B) the assets, liabilities, contracts, property,
records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed,
held, or used in connection with such functions, aris-
ing from such functions, or available, or to be made
available, in connection with such functions.
(2) Unexpended funds transferred pursuant to this
subsection shall be used only for the purposes for which the
funds were originally authorized and appropriated.
(3) Any individual who is an employee of the Depart-
ment and who was not employed on the date of the enact-
ment of this title, in connection with functions transferred
by this title to the Administration, but who was so em-
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and Budget, be used to pay the compensation and ex-
penses of any officer appointed pursuant to this sub-
section until such time as funds for that purpose are
otherwise available.
(c) CONTINUATION
OF ORDERS, DETERMINATIONS,
RULES, REGULATIONS, ETC.—All orders, determinations,
rules, regulations, permits, contracts, collective bargaining
agreements (and ongoing negotiations relating to such col-
lective bargaining agreements), recognitions of labor orga-
nizations, certificates, licenses, and privileges—
(1) which have been issued, made, promulgated,
granted, or allowed to become effective, in the exercise
of functions (A) which were exercised by the Secretary
of Health and Human Services (or the Secretary’s
delegate), and (B) which relate to functions which, by
reason of this title, the amendments made thereby,
and regulations prescribed thereunder, are vested in
the Commissioner of Social Security; and
(2) which are in effect immediately before the
date established pursuant to section 107(a),
shall (to the extent that they relate to functions described
in paragraph (1)(B)) continue in effect according to their
terms until modified, terminated, suspended, set aside, or
repealed by such Commissioner, except that any collective
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bargaining agreement shall remain in effect until the date
of termination specified in such agreement.
(d) CONTINUATION OF PROCEEDINGS.—The provisions
of this title (including the amendments made thereby) shall
not affect any proceeding pending before the Secretary of
Health and Human Services immediately before the date
established pursuant to section 107(a), with respect to func-
tions vested (by reason of this title, the amendments made
thereby, and regulations prescribed thereunder) in the Com-
missioner of Social Security, except that such proceedings,
to the extent that such proceedings relate to such functions,
shall continue before such Commissioner. Orders shall be is-
sued under any such proceeding, appeals taken therefrom,
and payments shall be made pursuant to such orders, in
like manner as if this title had not been enacted, and orders
issued in any such proceeding shall continue in effect until
modified, terminated, superseded, or repealed by such Com-
missioner, by a court of competent jurisdiction, or by oper-
ation of law.
(e) CONTINUATION OF SUITS.—Except as provided in
this subsection—
(1) the provisions of this title shall not affect
suits commenced before the date established pursuant
to section 107(a); and
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(2) in all such suits proceedings shall be had, ap-
peals taken, and judgments rendered, in the same
manner and effect as if this title had not been en-
acted.
No cause of action, and no suit, action, or other proceeding
commenced by or against any officer in such officer’s offi-
cial capacity as an officer of the Department of Health and
Human Services, shall abate by reason of the enactment of
this title. Causes of action, suits, actions, or other proceed-
ings may be asserted by or against the United States and
the Social Security Administration, or such official of such
Administration as may be appropriate, and, in any litiga-
tion pending immediately before the date established pursu-
ant to section 107(a), the court may at any time, on the
court’s own motion or that of a party, enter an order which
will give effect to the provisions of this subsection (includ-
ing, where appropriate, an order for substitution of par-
ties).
(f) CONTINUATION OF PENALTIES.—This title shall not
have the effect of releasing or extinguishing any criminal
prosecution, penalty, forfeiture, or liability incurred as a
result of any function which (by reason of this title, the
amendments made thereby, and regulations prescribed
thereunder) is vested in the Commissioner of Social
Security.
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(g) JUDICIAL REVIEW.—Orders and actions of the
Commissioner of Social Security in the exercise of functions
vested in such Commissioner under this title (and the
amendments made thereby) shall be subject to judicial re-
view to the same extent and in the same manner as if such
orders had been made and such actions had been taken by
the Secretary of Health and Human Services in the exercise
of such functions immediately before the date established
pursuant to section 107(a). Any statutory requirements re-
lating to notice, hearings, action upon the record, or admin-
istrative review that apply to any function so vested in such
Commissioner shall continue to apply to the exercise of such
function by such Commissioner.
(h) EXERCISE OF FUNCTIONS.—In the exercise of the
functions vested in the Commissioner of Social Security
under this title, the amendments made thereby, and regula-
tions prescribed thereunder, such Commissioner shall have
the same authority as that vested in the Secretary of Health
and Human Services with respect to the exercise of such
functions immediately preceding the vesting of such func-
tions in such Commissioner, and actions of such Commis-
sioner shall have the same force and effect as when exercised
by such Secretary.
(i) REPORT.—Within 120 days of the date of the enact-
ment of this title, the transition director and the Commis-
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sioner of Social Security shall report to the Congress on
the status of the transition to an independent Social Secu-
rity Administration, and on any significant internal re-
structuring or management improvements that are pro-
posed to be undertaken.
SEC. 107. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsection
(b), this title, and the amendments made by such title shall
take effect on the earlier of—
(1) the date which is 180 days after the date of
the enactment of this Act, or
(2) a date designated by the President.
(b) TRANSITIONAL RULES.—Section 106 shall take ef-
fect on the date of the enactment of this title.
TITLE II—CONFORMING
AMENDMENTS
SEC. 201. AMENDMENTS TO TITLES II AND XVI OF THE SO-
CIAL SECURITY ACT.
(a) IN GENERAL.—Title II (42 U.S.C. 401 et seq.)
(other than section 201, section 218(d), section 231(c), sec-
tion 226, and section 226A) and title XVI (42 U.S.C. 1382
et seq.) (other than sections 1614(f)(2)(B) and 1616(e)(3))
are each amended—
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(1) by striking, wherever it appears therein,
‘‘Secretary of Health and Human Services’’ and in-
serting ‘‘Commissioner of Social Security’’;
(2) by striking, wherever it appears therein, ‘‘De-
partment of Health and Human Services’’ and insert-
ing ‘‘Social Security Administration’’;
(3) by striking, wherever it appears therein, ‘‘De-
partment’’ (but only if it is not immediately suc-
ceeded by the words ‘‘of Health and Human Serv-
ices’’, and only if it is used in reference to the De-
partment of Health and Human Services) and insert-
ing ‘‘Administration’’;
(4) by striking, wherever it appears therein, each
of the following words (but, in the case of any such
word only if such word refers to the Secretary of
Health and Human Services): ‘‘Secretary’’, ‘‘Sec-
retary’s’’, ‘‘his’’, ‘‘him’’, ‘‘he’’, ‘‘her’’, and ‘‘she’’, and
inserting (in the case of the word ‘‘Secretary’’) ‘‘Com-
missioner of Social Security’’, (in the case of the word
‘‘Secretary’s’’) ‘‘Commissioner’s’’, (in the case of the
word ‘‘his’’) ‘‘the Commissioner’s’’, (in the case of the
word ‘‘him’’) ‘‘the Commissioner’’, (in the case of the
word ‘‘her’’) ‘‘the Commissioner’’ or ‘‘the Commis-
sioner’s’’, as may be appropriate, and (in the case of
the words ‘‘she’’ or ‘‘he’’) ‘‘the Commissioner’’; and
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(5) by striking, wherever it appears therein, ‘‘In-
ternal Revenue Code of 1954’’ and inserting ‘‘Internal
Revenue Code of 1986’’.
(b) AMENDMENTS TO SECTION 201.—(1)(A) Sections
201(a)(3), 201(a)(4), 201(b)(1), and 201(b)(2) (42 U.S.C.
401(a)(3), 401(a)(4), 401(b)(1), and 401(b)(2), respectively)
are each amended by striking ‘‘Secretary of Health and
Human Services’’ each place it appears and inserting
‘‘Commissioner of Social Security’’; and
(B) Sections 201(a)(3) and 201(b)(1) (42 U.S.C.
401(a)(3) and 401(b)(1), respectively) are each amended by
striking ‘‘such Secretary’’ and inserting ‘‘such Commis-
sioner’’.
(2) Section 201(c) (42 U.S.C. 401(c)) is amended—
(A) in the first sentence, by striking ‘‘shall be
composed of’’ and all that follows down through ‘‘ex
officio’’ and inserting the following: ‘‘shall be com-
posed of the Commissioner of Social Security, the Sec-
retary of the Treasury, and the Secretary of Health
and Human Services, all ex officio’’; and
(B) in the fifth sentence, by striking ‘‘The Com-
missioner of Social Security’’ and inserting ‘‘The
Deputy Commissioner of Social Security’’.
(3) Section 201(g)(1)(A) (42 U.S.C. 401(g)(1)(A)) is
amended—
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(A) in clause (i), by striking ‘‘by him and the
Secretary of Health and Human Services’’ and in-
serting ‘‘by him, the Commissioner of Social Security,
and the Secretary of Health and Human Services’’,
and by striking ‘‘by the Department of Health and
Human Services and the Treasury Department’’ and
inserting ‘‘by the Social Security Administration, the
Department of Health and Human Services, and the
Department of the Treasury’’;
(B) in clause (ii), by striking ‘‘method prescribed
by the Board of Trustees under paragraph (4)’’ and
inserting ‘‘applicable method prescribed under para-
graph (4)’’, by striking ‘‘the Secretary of Health and
Human Services’’ and inserting ‘‘the Commissioner of
Social Security and the Secretary of Health and
Human Services’’, and by striking ‘‘the Department
of Health and Human Services’’ and inserting ‘‘the
Social Security Administration and the Department
of Health and Human Services’’; and
(C) by striking the last sentence and inserting
the following: ‘‘There are hereby authorized to be
made available for expenditure, out of any or all of
the Trust Funds, such amounts as the Congress may
deem appropriate to pay the costs of the part of the
administration of this title and title XVI for which
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the Commissioner of Social Security is responsible,
the costs of title XVIII for which the Secretary of
Health and Human Services is responsible, and the
costs of carrying out the functions of the Social Secu-
rity Administration, specified in section 232, which
relate to the administration of provisions of the Inter-
nal Revenue Code of 1986 other than those referred to
in clause (i) of the first sentence of this subpara-
graph.’’.
(4) Section 201(g)(1) (42 U.S.C. 401(g)(1)) is further
amended by striking subparagraph (B) and inserting the
following new subparagraphs:
‘‘(B) After the close of each fiscal year—
‘‘(i) the Commissioner of Social Security shall
determine (I) the portion of the costs, incurred during
such fiscal year, of administration of this title and
title XVI and of carrying out the functions of the So-
cial Security Administration, specified in section 232,
which relate to the administration of provisions of the
Internal Revenue Code of 1986 (other than those re-
ferred to in clause (i) of the first sentence of subpara-
graph (A)), which should have been borne by the gen-
eral fund in the Treasury, (II) the portion of such
costs which should have been borne by the Federal
Old-Age and Survivors Insurance Trust Fund, and
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(III) the portion of such costs which should have been
borne by the Federal Disability Insurance Trust
Fund, and
‘‘(ii) the Secretary of Health and Human Serv-
ices shall determine (I) the portion of the costs, in-
curred during such fiscal year, of administration of
title XVIII which should have been borne by the gen-
eral fund in the Treasury, (II) the portion of such
costs which should have been borne by the Federal
Hospital Insurance Trust Fund, and (III) the portion
of such costs which should have been borne by the
Federal Supplementary Medical Insurance Trust
Fund,
except that the determination of the amounts to be borne
by the general fund in the Treasury with respect to expendi-
tures incurred in carrying out such functions specified in
section 232 shall be made pursuant to the applicable method
prescribed under paragraph (4) of this subsection.
‘‘(C) After the determinations under subparagraph (B)
have been made for any fiscal year, the Commissioner of
Social Security and the Secretary of Health and Human
Services shall jointly certify to the Managing Trustee the
amounts, if any, which should be transferred from one to
any of the other of such Trust Funds and the amounts, if
any, which should be transferred between the Trust Funds
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(or one of the Trust Funds) and the general fund in the
Treasury, in order to ensure that each of the Trust Funds
and the general fund in the Treasury have borne their prop-
er share of the costs, incurred during such fiscal year, for
(i) the part of the administration of this title and title XVI
for which the Commissioner of Social Security is respon-
sible, (ii) the part of the administration of this title and
title XVIII for which the Secretary of Health and Human
Services is responsible, and (iii) carrying out the functions
of the Social Security Administration, specified in section
232, which relate to the administration of provisions of the
Internal Revenue Code of 1986 (other than those referred
to in clause (i) of the first sentence of subparagraph (A)).
The Managing Trustee shall transfer any such amounts in
accordance with any certification so made.’’.
(5) Section 201(g)(2) (42 U.S.C. 401(g)(2)) is amend-
ed, in the second sentence, by striking ‘‘established and
maintained by the Secretary of Health and Human Serv-
ices’’ and inserting ‘‘maintained by the Commissioner of
Social Security’’, and by striking ‘‘Secretary shall furnish’’
and inserting ‘‘Commissioner of Social Security shall fur-
nish’’.
(6) Section 201(g)(4) (42 U.S.C. 401(g)(4)) is amend-
ed to read as follows:
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‘‘(4) The Commissioner of Social Security shall utilize
the method prescribed pursuant to this paragraph, as in
effect immediately before the date of the enactment of the
Social Security Administration Independence Act of 1994
for determining the costs which should be borne by the gen-
eral fund in the Treasury of carrying out the functions of
the Social Security Administration, specified in section
232, which relate to the administration of provisions of the
Internal Revenue Code of 1986 (other than those referred
to in clause (i) of the first sentence of paragraph (1)(A)).
If at any time or times thereafter the Boards of Trustees
of such Trust Funds consider such action advisable, such
Boards may modify the method of determining such costs.’’.
(7) Section 201(i)(1) (42 U.S.C. 401(i)(1)) is amended
to read as follows:
‘‘(i)(1) The Managing Trustee may accept on behalf
of the United States money gifts and bequests made uncon-
ditionally to the Federal Old-Age and Survivors Insurance
Trust Fund, the Federal Disability Insurance Trust Fund,
the Federal Hospital Insurance Trust Fund, or the Federal
Supplementary Medical Insurance Trust Fund or to the So-
cial Security Administration, the Department of Health
and Human Services, or any part or officer thereof, for the
benefit of any of such Funds or any activity financed
through such Funds.’’.
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(8) Subsections (j) and (k) of section 201 (42 U.S.C.
401) are each amended by striking ‘‘Secretary’’ each place
it appears and inserting ‘‘Commissioner of Social
Security’’.
(9) 
Section 
201(l)(3)(B)(iii)(II) 
(42 
U.S.C.
401(l)(3)(B)(iii)(II)) is amended by striking ‘‘Secretary’’
and inserting ‘‘Commissioner of Social Security’’.
(10) Section 201(m)(3) (42 U.S.C. 401(m)(3)) is
amended by striking ‘‘Secretary of Health and Human
Services’’ and inserting ‘‘Commissioner of Social Security’’.
(11) Section 201 (42 U.S.C. 401) is amended by strik-
ing ‘‘Internal Revenue Code of 1954’’ each place it appears
and inserting ‘‘Internal Revenue Code of 1986’’.
(c) AMENDMENTS TO SECTION 218.—Section 218(d)
(42 U.S.C. 418(d)) is amended by striking ‘‘Secretary’’ each
place it appears in paragraphs (3) and (7) and inserting
‘‘Commissioner of Social Security’’.
(d) AMENDMENT TO SECTION 231.—Section 231(c) (42
U.S.C. 431(c)) is amended by striking ‘‘Secretary deter-
mines’’ and inserting ‘‘Commissioner of Social Security
and the Secretary jointly determine’’.
SEC. 202. OTHER AMENDMENTS.
(a) AMENDMENTS TO TITLE VII.—(1) Title VII (42
U.S.C. 901 et seq.) is amended by adding at the end the
following new section:
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‘‘DUTIES AND AUTHORITY OF SECRETARY
‘‘SEC. 712. The Secretary shall perform the duties im-
posed upon the Secretary by this Act. The Secretary is au-
thorized to appoint and fix the compensation of such officers
and employees, and to make such expenditures as may be
necessary for carrying out the functions of the Secretary
under this Act.’’.
(2) Section 706 (42 U.S.C. 907) is amended—
(A) in subsection (a), by striking ‘‘Advisory
Council on Social Security’’ and all that follows
through ‘‘disability insurance program and’’ and in-
serting ‘‘Advisory Council on Hospital and Supple-
mentary Medical Insurance for the purpose of review-
ing the status of the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund in relation to the long-term
commitments of’’;
(B) in subsection (d), by striking paragraph (1)
and by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively, and
(C) by striking the section heading and inserting
the following:
‘‘ADVISORY COUNCIL ON HOSPITAL AND SUPPLEMENTARY
MEDICAL INSURANCE’’.
(3) Paragraph (2) of section 709(b) (42 U.S.C. 910(b))
is amended by striking ‘‘(as estimated by the Secretary)’’
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and inserting ‘‘(for amounts which will be paid from the
Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund, as estimated
by the Commissioner, and for amounts which will be paid
from the Federal Hospital Insurance Trust and the Federal
Supplementary Medical Insurance Trust Fund, as esti-
mated by the Secretary)’’.
(4) Sections 709 and 710 (42 U.S.C. 910 and 911)
are amended by striking ‘‘Internal Revenue Code of 1954’’
each place it appears and inserting ‘‘Internal Revenue Code
of 1986’’.
(b) AMENDMENTS TO TITLE XI.—(1) Section 1101(a)
(42 U.S.C. 1301(a)) is amended by adding at the end the
following new paragraph:
‘‘(10) The term ‘Administration’ means the So-
cial Security Administration, except where the con-
text requires otherwise.’’.
(2) Section 1106(a) (42 U.S.C. 1306(a)) is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(B) by striking ‘‘Department of Health and
Human Services’’ each place it appears and inserting
‘‘applicable agency’’;
(C) by striking ‘‘Secretary’’ each place it ap-
pears and inserting ‘‘head of the applicable agency’’;
and
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(D) by adding at the end the following new
paragraph:
‘‘(2) For purposes of this subsection and subsection (b),
the term ‘applicable agency’ means—
‘‘(A) the Social Security Administration, with
respect to matter transmitted to or obtained by such
Administration or matter disclosed by such Adminis-
tration, or
‘‘(B) the Department of Health and Human
Services, with respect to matter transmitted to or ob-
tained by such Department or matter disclosed by
such Department.’’.
(3) Section 1106(b) (42 U.S.C. 1306(b)) is amended—
(A) by striking ‘‘Secretary’’ each place it ap-
pears and inserting ‘‘head of the applicable agency’’;
and
(B) by striking ‘‘Department of Health and
Human Services’’ and inserting ‘‘applicable agency’’.
(4) Section 1106(c) (42 U.S.C. 1306(c)) is amended—
(A) by striking ‘‘the Secretary’’ the first place it
appears and inserting ‘‘the Commissioner of Social
Security or the Secretary’’; and
(B) by striking ‘‘the Secretary’’ each subsequent
place it appears and inserting ‘‘such Commissioner or
Secretary’’.
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(5) Section 1107(b) (42 U.S.C. 1307(b)) is amended
by striking ‘‘the Secretary of Health and Human Services’’
and inserting ‘‘the Commissioner of Social Security or the
Secretary’’.
(6) Section 1110 (42 U.S.C. 1310) is amended—
(A) in subsection (a)(2), by inserting ‘‘(or the
Commissioner, with respect to any jointly financed
cooperative agreement or grant concerning titles II or
XVI)’’ after ‘‘Secretary’’;
(B) in subsection (b)—
(i) by striking ‘‘Secretary’’ each place it ap-
pears and inserting ‘‘Commissioner’’, and
(ii) by striking ‘‘the Secretary’s’’ each place
it appears and inserting ‘‘the Commissioner’s’’;
and
(C) by striking ‘‘he’’, ‘‘his’’, ‘‘him’’, and ‘‘him-
self’’ each place they appear (except in subsection
(b)(2)(A)) and inserting ‘‘the Commissioner’’, ‘‘the
Commissioner’s’’, ‘‘the Commissioner’’, and ‘‘himself
or herself’’, respectively.
(7) Subsections (b) and (c) of section 1127 (42 U.S.C.
1320a–6) are each amended by striking ‘‘Secretary’’ and
inserting ‘‘Commissioner of Social Security’’.
(8) Section 1128(f) (42 U.S.C. 1320a–7(f)) is amended
by inserting after ‘‘section 205(g)’’ the following: ‘‘, except
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that, in so applying such sections and section 205(l), any
reference therein to the Commissioner of Social Security or
the Social Security Administration shall be considered a
reference to the Secretary or the Department of Health and
Human Services, respectively’’.
(9) Section 1131 (42 U.S.C. 1320b–1) is amended—
(A) by striking ‘‘Secretary’’ each place it ap-
pears and inserting ‘‘Commissioner of Social Secu-
rity’’;
(B) in subsection (a)(1)(A), by adding ‘‘or’’ at
the end;
(C) in subsection (a)(1)(B), by striking ‘‘or’’ at
the end;
(D) by striking subsection (a)(1)(C);
(E) by redesignating subsection (a)(2) as sub-
section (a)(3);
(F) by inserting after subsection (a)(1) the fol-
lowing new paragraph:
‘‘(2) the Secretary makes a finding of fact and a deci-
sion as to the entitlement under section 226 of any individ-
ual to hospital insurance benefits under part A of title
XVIII, or’’; and
(G) by striking ‘‘he’’ in the matter in subsection
(a) following paragraph (3) (as so redesignated) and
inserting ‘‘the Commissioner of Social Security’’.
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(10) Section 1155 (42 U.S.C. 1320c–4) is amended by
striking ‘‘(to the same extent as is provided in section
205(b))’’ and all that follows and inserting ‘‘(to the same
extent as beneficiaries under title II are entitled to a hear-
ing by the Commissioner of Social Security under section
205(b)). For purposes of the preceding sentence, subsection
(l) of section 205 shall apply, except that any reference in
such subsection to the Commissioner of Social Security or
the Social Security Administration shall be deemed a ref-
erence to the Secretary or the Department of Health and
Human Services, respectively. Where the amount in con-
troversy is $2,000 or more, such beneficiary shall be entitled
to judicial review of any final decision relating to a recon-
sideration described in this subsection.’’.
(11) Sections 1101, 1106, 1107, and 1137 (42 U.S.C.
1301, 1306, 1307, and 1320b–7, respectively) are amended
by striking ‘‘Internal Revenue Code of 1954’’ each place it
appears and inserting ‘‘Internal Revenue Code of 1986’’.
(c) AMENDMENTS TO TITLE XVIII.—(1) Subsections
(a) and (f) of section 1817 (42 U.S.C. 1395i) are amended
by striking ‘‘Secretary of Health and Human Services’’
each place it appears and inserting ‘‘Commissioner of So-
cial Security’’.
(2) Section 1840(a) (42 U.S.C. 1395s(a)) is amend-
ed—
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(A) in paragraph (1), by striking ‘‘Secretary’’
and inserting ‘‘Commissioner of Social Security’’,
and by adding at the end the following new sentence:
‘‘Such regulations shall be prescribed after consulta-
tion with the Secretary.’’; and
(B) in paragraph (2), by striking ‘‘Secretary of
Health and Human Services’’ and inserting ‘‘Com-
missioner of Social Security’’.
(3) Section 1872 (42 U.S.C. 1395ii) is amended by
inserting after ‘‘title II’’ the following: ‘‘, except that, in
applying such provisions with respect to this title, any ref-
erence therein to the Commissioner of Social Security or
the Social Security Administration shall be considered a
reference to the Secretary or the Department of Health and
Human Services, respectively’’.
(4) Section 1869(b)(1) (42 U.S.C. 1395ff(b)(1)) and
the last sentence of section 1876(c)(5)(B) (42 U.S.C.
1395mm(c)(5)(B)) are amended by inserting after ‘‘section
205(g)’’ the following: ‘‘, except that, in so applying such
sections and section 205(l), any reference therein to the
Commissioner of Social Security or the Social Security Ad-
ministration shall be considered a reference to the Secretary
or the Department of Health and Human Services, respec-
tively’’.
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(5) Sections 1817, 1862, and 1886 (42 U.S.C. 1395i,
1395y, and 1395ww, respectively) are amended by striking
‘‘Internal Revenue Code of 1954’’ each place it appears and
inserting ‘‘Internal Revenue Code of 1986’’.
(d) AMENDMENTS
TO
TITLE
XIX.—(1) Section
1905(q)(2) (42 U.S.C. 1396d(q)(2)) is amended by striking
‘‘Secretary’’ and inserting ‘‘Commissioner of Social Secu-
rity’’.
(2) Section 1910(b)(2) (42 U.S.C. 1396i(b)(2)) is
amended, in the first sentence, by inserting after ‘‘section
205(g)’’ the following: ‘‘, except that, in so applying such
sections and section 205(l), any reference therein to the
Commissioner of Social Security or the Social Security Ad-
ministration shall be considered a reference to the Secretary
or the Department of Health and Human Services, respec-
tively’’.
(e) 
AMENDMENT
TO
TITLE
XX.—Section
2002(a)(2)(B) (42 U.S.C. 1397a(a)(2)(B)) is amended by
striking ‘‘Internal Revenue Code of 1954’’ and inserting
‘‘Internal Revenue Code of 1986’’.
(f) AMENDMENTS
TO
TITLE
5, UNITED
STATES
CODE.—Title 5, United States Code, is amended—
(1) by adding at the end of section 5311 the fol-
lowing new item:
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‘‘Commissioner, Social Security Administra-
tion.’’;
(2) by adding at the end of section 5313 the fol-
lowing new item:
‘‘Deputy Commissioner, Social Security Admin-
istration.’’; and
(3) by striking ‘‘Secretary of Health Education,
and Welfare’’ each place it appears in section 8141
and inserting ‘‘Commissioner of Social Security’’.
(g) AMENDMENTS TO FOOD STAMP ACT OF 1977.—(1)
Sections 6(c)(3) and 8(e)(6) of the Food Stamp Act of 1977
(7 U.S.C. 2015(c)(3) and 2017(e)(6)) are each amended by
inserting ‘‘the Commissioner of Social Security and’’ before
‘‘the Secretary of Health and Human Services’’.
(2) Sections 6(g), 11(j), and 16(e) of such Act (7
U.S.C. 2015(g), 2020(j), and 2025(e)) are each amended by
striking ‘‘Secretary of Health and Human Services’’ each
place it appears and inserting ‘‘Commissioner of Social Se-
curity’’.
(3) Section 11(i) of such Act (7 U.S.C. 2020(i)) is
amended by adding ‘‘, the Commissioner of Social Secu-
rity’’ after ‘‘the Secretary’’.
(h) AMENDMENT
TO TITLE 14, UNITED STATES
CODE.—Section 707(e)(3) of title 14, United States Code,
is amended by striking ‘‘Secretary of Health and Human
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Services’’ each place it appears and inserting ‘‘Commis-
sioner of Social Security’’.
(i) AMENDMENTS TO INTERNAL REVENUE CODE OF
1986.—(1) Subsections (c)(1), (c)(2)(E), (g)(1), (g)(2)(A),
and (g)(2)(B) of section 1402 of the Internal Revenue Code
of 1986 (26 U.S.C. 1402) are amended by striking ‘‘Sec-
retary of Health and Human Services’’ each place it ap-
pears and inserting ‘‘Commissioner of Social Security’’.
(2) Section 3121(b)(10)(B) of such Code (26 U.S.C.
3121(b)(10)(B)) is amended by striking ‘‘Secretary of
Health and Human Services’’ each place it appears and
inserting ‘‘Commissioner of Social Security’’.
(3) Section 3127 of such Code (26 U.S.C. 3127) is
amended by striking ‘‘Secretary of Health and Human
Services’’ each place it appears and inserting ‘‘Commis-
sioner of Social Security’’.
(4) Section 6050F(c)(1)(A) of such Code (26 U.S.C.
6050F(c)(1)(A)) is amended by striking ‘‘Secretary of
Health and Human Services’’ and inserting ‘‘Commissioner
of Social Security’’.
(5) Subsections (d) and (f) of section 6057 of such Code
(26 U.S.C. 6057) are amended by striking ‘‘Secretary of
Health and Human Services’’ each place it appears and
inserting ‘‘Commissioner of Social Security’’.
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(6) Section 6103(l)(5) of such Code (26 U.S.C.
6103(l)(5)) is amended—
(A) by striking ‘‘Department of Health and
Human Services’’ and inserting ‘‘Social Security Ad-
ministration’’; and
(B) by striking ‘‘Secretary of Health and
Human Services’’ and inserting ‘‘Commissioner of
Social Security’’.
(7) Subsections (d)(3)(C) and (e) of section 6402 of
such Code (26 U.S.C. 6402) are amended by striking ‘‘Sec-
retary of Health and Human Services’’ each place it ap-
pears and inserting ‘‘Commissioner of Social Security’’.
(8) Section 6511(d)(5) of such Code (26 U.S.C.
6511(d)(5)) is amended by striking ‘‘Secretary of Health
and Human Services’’ and inserting ‘‘Commissioner of So-
cial Security’’.
(j) AMENDMENTS
TO TITLE 31, UNITED STATES
CODE.—Section 3720A(f) of title 31, United States Code,
is amended by striking ‘‘Secretary of Health and Human
Services’’ each place it appears in and inserting ‘‘Commis-
sioner of Social Security’’.
(k) AMENDMENTS
TO TITLE 38, UNITED STATES
CODE.—Section 5105 of title 38, United States Code, is
amended—
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(1) by striking ‘‘Secretary of Health and Human
Services’’ each place it appears and inserting ‘‘Com-
missioner of Social Security’’; and
(2) by striking the second sentence of subsection
(b) and inserting the following new sentence: ‘‘A copy
of each such application filed with either the Sec-
retary or the Commissioner, together with any addi-
tional information and supporting documents (or cer-
tifications thereof) which may have been received by
the Secretary or the Commissioner with such applica-
tion, and which may be needed by the other official
in connection therewith, shall be transmitted by the
Secretary or the Commissioner receiving the applica-
tion to the other official.’’.
(l) AMENDMENTS TO INSPECTOR GENERAL ACT OF
1978.—The Inspector General Act of 1978 (5 U.S.C. App.)
is amended—
(1) in section 9(a)(1), by striking ‘‘and’’ at the
end of subparagraph (U), and by adding at the end
the following new subparagraph:
‘‘(V) of the Social Security Administration,
the functions of the Inspector General of the De-
partment of Health and Human Services relat-
ing to the administration of the old-age, survi-
vors, and disability insurance program under
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title II of the Social Security Act and of the sup-
plemental security income program under title
XVI of such Act; and’’;
(2) in section 11(1), by striking ‘‘or’’ after
‘‘Commission’’ and inserting a semicolon, and by in-
serting after ‘‘Board;’’ the following: ‘‘or the Commis-
sioner of Social Security;’’; and
(3) in section 11(2), by striking ‘‘or’’ after ‘‘In-
formation Agency,’’, and by inserting after ‘‘Veterans’
Administration’’ the following: ‘‘, or the Social Secu-
rity Administration;’’.
SEC. 203. RULES OF CONSTRUCTION.
(a) REFERENCES TO THE DEPARTMENT OF HEALTH
AND HUMAN SERVICES.—Whenever any reference is made
in any provision of law (other than this Act or a provision
of law amended by this Act), regulation, rule, record, or
document to the Department of Health and Human Serv-
ices with respect to such Department’s functions under the
old-age, survivors, and disability insurance program under
title II of the Social Security Act or the supplemental secu-
rity income program under title XVI of such Act, such ref-
erence shall be considered a reference to the Social Security
Administration.
(b) REFERENCES TO THE SECRETARY OF HEALTH AND
HUMAN SERVICES.—Whenever any reference is made in
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(b) EXCEPTIONS.—Subsections (f)(1), (f)(2), and (l) of
section 202 shall take effect on the date of the enactment
of this title.
TITLE 
III—SOCIAL 
SECURITY
DISABILITY AND REHABILITA-
TION
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Social Security Disabil-
ity and Rehabilitation Act of 1994’’.
SEC. 302. REFORM OF MONTHLY INSURANCE BENEFITS
BASED 
ON 
DISABILITY 
INVOLVING 
SUB-
STANCE ABUSE.
(a) SOCIAL SECURITY DISABILITY INSURANCE.—
(1) IN GENERAL.—Section 223 of the Social Se-
curity Act (42 U.S.C. 423) is amended by adding at
the end the following new subsection:
‘‘Limitation on Payment of Benefits by Reason of
Substance Abuse
‘‘(j)(1)(A) Notwithstanding any other provision of this
title, no individual whose disability is based in whole or
in part on a medical determination that the individual is
a drug addict or alcoholic shall be entitled to benefits under
this title based on such disability with respect to any
month, unless such individual—
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‘‘(i) is undergoing, or on a waiting list for, any
medical or psychological treatment that may be ap-
propriate for such individual’s condition as a drug
addict or alcoholic (as the case may be) and for the
stage of such individual’s rehabilitation at an institu-
tion or facility approved for purposes of this para-
graph by the Secretary (so long as access to such
treatment is reasonably available, as determined by
the Secretary), and
‘‘(ii) demonstrates in such manner as the Sec-
retary requires, including at a continuing disability
review not later than one year after such determina-
tion, that such individual is complying with the
terms, conditions, and requirements of such treatment
and with the requirements imposed by the Secretary
under subparagraph (B).
‘‘(B) The Secretary shall provide for the monitoring
and testing of all individuals who are receiving benefits
under this title and who as a condition of such benefits are
required to be undergoing treatment and complying with
the terms, conditions, and requirements thereof as described
in subparagraph (A), in order to assure such compliance
and to determine the extent to which the imposition of such
requirements is contributing to the achievement of the pur-
poses of this title. The Secretary may retain jurisdiction