[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 4277 Enrolled Bill (ENR)]
H.R.4277
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To establish the Social Security Administration as an independent
agency and to make other improvements in the old-age, survivors, and
disability insurance program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

716e8abd9398c2ce6441d32dd6d848ed3542b268c6b4234fbc2a320c6505bcd6

(a) Short Title.--This Act may be cited as the ``Social Security
Independence and Program Improvements Act of 1994''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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TITLE I

-ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION AS AN

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TITLE II

-PROGRAM IMPROVEMENTS RELATING TO OASDI AND SSI

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Administration to prevent, detect, and terminate fraudulent
claims for OASDI and SSI benefits.

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certificates to the social security trust funds.

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TITLE III

-MISCELLANEOUS PROGRAM IMPROVEMENTS

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officials or election workers from coverage.

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and Federal district courts for jury selection purposes.

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local police officers and firefighters under existing coverage
agreements.

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government pension offset and windfall elimination provisions.

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for purposes of public or private epidemiological and similar
research.

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Security Administration, Department of Health and Human
Services, or Department of the Treasury.

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and employer identification number information maintained by
the Department of Agriculture.

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Department of Labor in administration of Federal workers'
compensation laws.

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temporarily to international organizations.

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individuals who enter the United States under a visa issued
under section 101 of the Immigration and Nationality Act.

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INDEPENDENT AGENCY.
Section 701 of the Social Security Act (42 U.S.C. 901) isP amended
to read as follows:
``SOCIAL SECURITY ADMINISTRATION
``Sec. 701. (a) There is hereby established, as an independent
agency in the executive branch of the Government, a Social Security
Administration (in this title referred to as the `Administration').
``(b) 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.

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Section 702 of the Social Security Act (42 U.S.C. 902) isP amended
to read as follows:
``COMMISSIONER; DEPUTY COMMISSIONER; OTHER OFFICERS
``Commissioner of Social Security
``Sec. 702. (a)(1) There shall be in the Administration a
Commissioner of Social Security (in this title referred to as the
`Commissioner') who shall be appointed by the President, by and 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 6 years,
except that the initial term of office for Commissioner shall terminate
January 19, 2001. In any case in which a successor does not take office
at the end of a Commissioner's term of office, such Commissioner may
continue in office until the entry upon office of such a successor. A
Commissioner appointed to a term of office after the commencement of
such term may serve under such appointment only for the remainder of
such term. An individual serving in the office of Commissioner may be
removed from office only pursuant to a finding by the President of
neglect of duty or malfeasance in office.
``(4) The Commissioner shall be responsible for the exercise 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 appropriate to carry out the
functions of the Administration. 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, consolidate, or
discontinue such organizational units or components within the
Administration as the Commissioner considers necessary or appropriate,
except that this paragraph shall not apply with respect to any unit,
component, or provision provided for by this Act.
``(7) The Commissioner may assign duties, and delegate, 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 necessary. 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 (in this title referred to as the `Secretary') shall consult,
on an ongoing basis, to ensure--
``(A) the coordination of the programs administered by the
Commissioner, as described in section 701, with the programs
administered by the Secretary under titles XVIII and XIX of this
Act; and
``(B) that adequate information concerning benefits under such
titles XVIII and XIX is available to the public.
``Deputy Commissioner of Social Security
``(b)(1) There shall be in the Administration a Deputy Commissioner
of Social Security (in this title referred to as the `Deputy
Commissioner') who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) The Deputy Commissioner shall be appointed for a term of 6
years, except that the initial term of office for the Deputy
Commissioner shall terminate January 19, 2001. In any case in which a
successor does not take office at the end of a Deputy Commissioner's
term of office, such Deputy Commissioner may continue in office until
the entry upon office of such a successor. A Deputy Commissioner
appointed to a term of office after the commencement of such term may
serve under such appointment only for the remainder of such term.
``(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 duties and
exercise such powers as the Commissioner shall from time to time assign
or delegate. The Deputy Commissioner shall be Acting Commissioner of
the Administration during the absence or disability of the Commissioner
and, unless the President designates another officer of the Government
as Acting Commissioner, in the event of a vacancy in the office of the
Commissioner.
``Chief Financial Officer
``(c) There shall be in the Administration a Chief Financial
Officer appointed by the Commissioner in accordance with section
901(a)(2) of title 31, United States Code.
``Inspector General
``(d) There shall be in the Administration an Inspector General
appointed by the President, by and with the advice and consent of the
Senate, in accordance with section 3(a) of the Inspector General Act of
1978.''.

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Section 703 of the Social Security Act (42 U.S.C. 903) isP amended
to read as follows:
``SOCIAL SECURITY ADVISORY BOARD
``Establishment of Board
``Sec. 703. (a) There shall be established a Social Security
Advisory Board (in this section referred to as the `Board').
``Functions of the Board
``(b) On and after the date the Commissioner takes office, the
Board shall advise the Commissioner on policies related to the old-age,
survivors, and disability insurance 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 disability systems
and making recommendations with respect to how the old-age,
survivors, and disability insurance program and the supplemental
security income program, supported by other public and private
systems, can most effectively assure economic security;
``(2) studying and making recommendations relating 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 disability insurance program, both in
the short-term and the long-term;
``(4) making recommendations with respect to the quality of
service that the Administration provides to the public;
``(5) making recommendations with respect to policies and
regulations regarding the old-age, survivors, and disability
insurance program and the supplemental security income program;
``(6) increasing public understanding of the social security
system;
``(7) making recommendations with respect to a long-range
research and program evaluation plan for the Administration;
``(8) reviewing and assessing any major studies of social
security as may come to the attention of the Board; and
``(9) making recommendations with respect to such other matters
as the Board determines to be appropriate.
``Structure and Membership of the Board
``(c)(1) The Board shall be composed of 7 members who shall be
appointed as follows:
``(A) 3 members shall be appointed by the President, by and
with the advice and consent of the Senate. Not more than 2 of such
members shall be from the same political party.
``(B) 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.
``(C) 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.
``(2) The members shall be chosen on the basis of their integrity,
impartiality, and good judgment, and shall be individuals who are, by
reason of their education, experience, and attainments, exceptionally
qualified to perform the duties of members of the Board.
``Terms of Appointment
``(d) Each member of the Board shall serve for a term of 6 years,
except that--
``(1) a member appointed to a term of office after the
commencement of such term may serve under such appointment only for
the remainder of such term; and
``(2) the terms of service of the members initially appointed
under this section shall begin on October 1, 1994, and expire as
follows:
``(A) The terms of service of the members initially
appointed by the President shall expire 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 initially 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) 3 years; and
``(ii) 6 years.
``(C) The terms of service of members initially 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) 4 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, coincident with the term of
the President, or until the designation of a successor.
``Expenses and Per Diem
``(f) Members of the Board shall serve without compensation, except
that, 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 section
5703 of title 5, United States Code, for persons in the Government
employed intermittently.
``Meetings
``(g)(1) The Board shall meet at the call of the Chairman (in
consultation with the other members of the Board) not less than 4 times
each year to consider a specific agenda of issues, as determined by the
Chairman in consultation with the other members of the Board.
``(2) Four members of the Board (not more than 3 of whom may be of
the same political party) shall constitute a quorum for purposes of
conducting business.
``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) The Board shall, without regard to the provisions of title 5,
United States Code, relating to the competitive service, appoint a
Staff Director who shall be paid at a rate equivalent to a rate
established for the Senior Executive Service under section 5382 of
title 5, United States Code. The Board shall appoint such additional
personnel as the Board determines to be necessary to provide adequate
clerical support for the Board, and may compensate such additional
personnel without regard to the provisions of title 5, United States
Code, relating to the competitive service.
``Authorization of Appropriations
``(j) There are authorized to be appropriated, out of the Federal
Disability Insurance Trust Fund, the Federal Old-Age and Survivors
Insurance Trust Fund, and the general fund of the Treasury, such sums
as are necessary to carry out the purposes of this section.''.

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(a) In General.--Section 704 of the Social Security Act (42 U.S.C.
904) 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 Administration under this Act, and attorneys
and experts may be appointed without regard to the civil service laws.
Except as otherwise provided in the preceding sentence or in any other
provision of law, such officers and employees shall be appointed, and
their compensation shall be fixed, in accordance with title 5, United
States Code.
``(2) The Commissioner may procure the services of experts 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 Administration a total number of Senior
Executive Service positions 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
Independence and Program Improvements Act of 1994 to the extent that
the greater number of such authorized positions is specified in the
comprehensive work force plan as established and revised by the
Commissioner under subsection (b)(2). 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
before such date.
``Budgetary Matters
``(b)(1) The Commissioner shall prepare an annual budget for the
Administration, which shall be submitted by the President to the
Congress without revision, together with the President's annual budget
for the Administration.
``(2)(A) Appropriations requests for staffing and personnel of the
Administration shall be based upon a comprehensive work force plan,
which shall be established and revised from time to time by the
Commissioner.
``(B) Appropriations for administrative expenses of the
Administration are authorized to be provided on a biennial basis.
``Employment Restriction
``(c) The total number of positions in the Administration (other
than positions established under section 702) which--
``(1) are held by noncareer appointees (within the meaning of
section 3132(a)(7) of title 5, United States Code) in the Senior
Executive Service, or
``(2) have been determined by the President or the Office of
Personnel Management to be of a confidential, policy-determining,
policy-making, or policy-advocating character and have been
excepted from the competitive service thereby,
may not exceed at any time the equivalent of 20 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 Commissioner shall approve.
Judicial notice shall be taken of such seal.
``Data Exchanges
``(e)(1) Notwithstanding any other provision of law (including
subsections (b), (o), (p), (q), (r), and (u) of section 552a of title
5, United States Code)--
``(A) the Secretary shall disclose to the Commissioner any
record or information requested in writing by the Commissioner for
the purpose of administering any program administered by the
Commissioner, if records or information of such type were disclosed
to the Commissioner of Social Security in the Department of Health
and Human Services under applicable rules, regulations, and
procedures in effect before the date of the enactment of the Social
Security Independence and Program Improvements Act of 1994; and
``(B) the Commissioner shall disclose to the Secretary or to
any State any record or information requested in writing by the
Secretary to be so disclosed for the purpose of administering any
program administered by the Secretary, if records or information of
such type were so disclosed under applicable rules, regulations,
and procedures in effect before the date of the enactment of the
Social Security Independence and Program Improvements Act of 1994.
``(2) The Commissioner and the Secretary shall enter into an
agreement under which the Commissioner provides the Secretary data
concerning the quality of the services and information provided to
beneficiaries of the programs under titles XVIII and XIX and the
administrative services provided by the Social Security Administration
in support of such programs. Such agreement shall stipulate the type of
data to be provided and the terms and conditions under which the data
are to be provided.
``(3) The Commissioner and the Secretary shall periodically review
the need for exchanges of information not referred to in paragraph (1)
or (2) and shall enter into such agreements as may be necessary and
appropriate to provide information to each other or to States in order
to meet the programmatic needs of the requesting agencies.
``(4)(A) Any disclosure from a system of records (as defined in
section 552a(a)(5) of title 5, United States Code) pursuant to this
subsection shall be made as a routine use under subsection (b)(3) of
section 552a of such title (unless otherwise authorized under such
section 552a).
``(B) Any computerized comparison of records, including matching
programs, between the Commissioner and the Secretary shall be conducted
in accordance with subsections (o), (p), (q), (r), and (u) of section
552a of title 5, United States Code.
``(5) The Commissioner and the Secretary shall each ensure that
timely action is taken to establish any necessary routine uses for
disclosures required under paragraph (1) or agreed to pursuant to
paragraph (3).''.
(b) Report on SES Positions Under Comprehensive Work Force Plan.--
Within 60 days after the establishment by the Commissioner of Social
Security of the comprehensive work force plan required under section
704(b)(2) of the Social Security Act (as amended by this Act), the
Director of the Office of Personnel Management shall transmit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report specifying the total number
of Senior Executive Services positions authorized for the Social
Security Administration in connection with such work force plan.
(c) Effective Date and Transition Rule for Certain Data Exchange
Provisions.--
(1) Effective date.--Section 704(e)(4) of the Social Security
Act (as amended by subsection (a)) shall take effect March 31,
1996.
(2) Transition rule.--Notwithstanding any other provision of
law (including subsections (b), (o), (p), (q), (r), and (u) of
section 552a of title 5, United States Code), arrangements for
disclosure of records or other information, and arrangements for
computer matching of records, which were in effect immediately
before the date of the enactment of this Act between the Social
Security Administration in the Department of Health and Human
Services and other components of such Department may continue
between the Social Security Administration established under
section 701 of the Social Security Act (as amended by this Act) and
such Department during the period beginning on the date of the
enactment of this Act and ending March 31, 1996.

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(a) Functions.--
(1) In general.--There are transferred to the Social Security
Administration all functions of the Secretary of Health and Human
Services with respect to or in support of the programs and
activities the administration of which is vested in the Social
Security Administration by reason of this title and the amendments
made thereby. The Commissioner of Social Security shall allocate
such functions in accordance with sections 701, 702, 703, and 704
of the Social Security Act (as amended by this title).
(2) Functions of other agencies.--
(A) In general.--Subject to subparagraph (B), the Social
Security Administration shall also perform--
(i) the functions of the Department of Health and Human
Services, including functions relating to titles XVIII and
XIX of the Social Security Act (including adjudications,
subject to final decisions by the Secretary of Health and
Human Services), that the Social Security Administration in
such Department performed as of immediately before the date
of the enactment of this Act, and
(ii) the functions of any other agency for which
administrative responsibility was vested in the Social
Security Administration in the Department of Health and
Human Services as of immediately before the date of the
enactment of this Act.
(B) Rules governing continuation of functions in the
administration.--The Social Security Administration shall
perform, on behalf of the Secretary of Health and Human
Services (or the head of any other agency, as applicable), the
functions described in subparagraph (A) in accordance with the
same financial and other terms in effect on the day before the
date of the enactment of this Act, except to the extent that
the Commissioner and the Secretary (or other agency head, as
applicable) agree to alter such terms pertaining to any such
function or to terminate the performance by the Social Security
Administration of any such function.
(b) Personnel, Assets, Etc.--
(1) In general.--There are transferred from the Department of
Health and Human Services to the Social Security Administration,
for appropriate allocation 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 amendments 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, arising from such functions, or
available, or to be made available, in connection with such
functions.
(2) Unexpended funds.--Unexpended funds transferred pursuant to
this subsection shall be used only for the purposes for which the
funds were originally appropriated.
(3) Employment protections.--
(A) In general.--During the 1-year period beginning March
31, 1995--
(i) the transfer pursuant to this section of any full-
time personnel (except special Government employees) and
part-time personnel holding permanent positions shall not
cause any such personnel to beP separated or reduced in
grade or compensation solely as a result of such transfer,
and
(ii) except as provided in subparagraph (B), any such
personnel who were not employed in the Social Security
Administration in the Department of Health and Human
Services immediately before the date of the enactment of
this Act shall not be subject to directed reassignment to a
duty station outside their commuting area.
(B) Special rules.--
(i) In the case of personnel whose duty station is in
the Washington, District of Columbia, commuting area
immediately before March 31, 1995, subparagraph (A)(ii)
shall not apply with respect to directed reassignment to a
duty station in the Baltimore, Maryland, commuting area
after September 30, 1995.
(ii) In the case of personnel whose duty station is in
the Baltimore, Maryland, commuting area immediately before
March 31, 1995, subparagraph (A)(ii) shall not apply with
respect to directed reassignment to a duty station in the
Washington, District of Columbia, commuting area after
September 30, 1995.
(4) Office space.--Notwithstanding section 7 of the Public
Buildings Act of 1959 (40 U.S.C. 606), and subject to available
appropriations, the Administrator of General Services may, after
consultation with the Commissioner of Social Security and under
such terms and conditions as the Administrator finds to be in the
interests of the United States--
(A) acquire occupiable space in the metropolitan area of
Washington, District of Columbia, for housing the Social
Security Administration, and
(B) renovate such space as necessary.
(c) Inter-Agency Transfer Arrangement.--The Secretary of Health and
Human Services and the Commissioner of Social Security shall enter into
a written inter-agency transfer arrangement (in this subsection
referred to as the ``arrangement''), which shall be effective March 31,
1995. Transfers made pursuant to this section shall be in accordance
with the arrangement, which shall specify the personnel and resources
to be transferred as provided under this section. The terms of such
arrangement shall be transmitted not later than January 1, 1995, to the
Committee on Ways and Means of the House of Representatives, to the
Committee on Finance of the Senate, and to the Comptroller General of
the United States. Not later than February 15, 1995, the Comptroller
General shall submit a report to each such Committee setting forth an
evaluation of such arrangement.

96dc7539296d1ef90e6aaef4caeb96e4b5f05ac92a70eceb773500d00f38f773

(a) Transition Rules Relating to Officers of the Social Security
Administration.--
(1) Appointment of initial commissioner of social security.--
The President shall nominate for appointment the initial
Commissioner of Social Security to serve as head of the Social
Security Administration established under section 701 of the Social
Security Act (as amended by this Act) not later than 60 days after
the date of the enactment of this Act.
(2) Assumption of office of initial commissioner before
effective date of new agency.--If the appointment of the initial
Commissioner of Social Security pursuant to section 702 of the
Social Security Act (as amended by this Act) is confirmed by the
Senate pursuant to such section 702 before March 31, 1995, the
individual shall take office as Commissioner immediately upon
confirmation, and, until March 31, 1995, such Commissioner shall
perform the functions of the Commissioner of Social Security in the
Department of Health and Human Services.
(3) Treatment of inspector general and other appointments.--At
any time on or after the date of the enactment of this Act, any of
the officers provided for in section 702 of the Social Security Act
(as amended by this title) and any of the members of the Social
Security Advisory Board provided for in section 703 of such Act (as
so amended) may be nominated and take office, under the terms and
conditions set out in such sections.
(4) Compensation for initial officers and board members before
effective date of new agency.--Funds available to any official or
component of the Department of Health and Human Services, functions
of which are transferred to the Commissioner of Social Security or
the Social Security Administration by this title, may, with the
approval of the Director of the Office of Management and Budget, be
used to pay the compensation and expenses of any officer or
employee of the new Social Security Administration and of any
member or staff of the Social Security Advisory Board who takes
office pursuant to this subsection before March 31, 1995, until
such time as funds for that purpose are otherwise available.
(5) Interim role of current commissioner after effective date
of new agency.--In the event that, as of March 31, 1995, an
individual appointed to serve as the initial Commissioner of Social
Security has not taken office, until such initial Commissioner has
taken office, the officer serving on March 31, 1995, as
Commissioner of Social Security (or Acting Commissioner of Social
Security, if applicable) in the Department of Health and Human
Services shall, while continuing to serve as such Commissioner of
Social Security (or Acting Commissioner of Social Security), serve
as Commissioner of Social Security (or Acting Commissioner of
Social Security, respectively) in the Social Security
Administration established under such section 701 and shall assume
the powers and duties under such Act (as amended by this Act) of
the Commissioner of Social Security in the Social Security
Administration as so established under such section 701. In the
event that, as of March 31, 1995, the President has not nominated
an individual for appointment to the office of Commissioner of
Social Security in the Social Security Administration established
under such section 701, then the individual serving as Commissioner
of Social Security (or Acting Commissioner of Social Security, if
applicable) in the Department of Health and Human Services shall
become the Acting Commissioner of Social Security in the Social
Security Administration as so established under such section 701.
(6) Interim inspector general.--The Commissioner of Social
Security may appoint an individual to assume the powers and duties
under the Inspector General Act of 1978 of Inspector General of the
Social Security Administration as established under section 701 of
the Social Security Act for a period not to exceed 60 days. The
Inspector General of the Department of Health and Human Services
may, when so requested by the Commissioner, while continuing to
serve as Inspector General in such Department, serve as Inspector
General of the Social Security Administration established under
such section 701 and shall assume the powers and duties under the
Inspector General Act of 1978 of Inspector General of the Social
Security Administration as established under such section 701. The
Social Security Administration shall reimburse the Office of
Inspector General of the Department of Health and Human Services
for costs of any functions performed pursuant to this subsection,
from funds available to the Administration at the time the
functions are performed. The authority under this paragraph to
exercise the powers and duties of the Inspector General shall
terminate upon the entry upon office of an Inspector General for
the Social Security Administration under the Inspector General Act
of 1978.
(7) Abolishment of office of commissioner of social security in
the department of health and human services.--Effective when the
initial Commissioner of Social Security of the Social Security
Administration established under section 701 of the Social Security
Act (as amended by this title) takes office pursuant to section 702
of such Act (as so amended)--
(A) the position of Commissioner of Social Security in the
Department of Health and Human Services is abolished; and
(B) section 5315 of title 5, United States Code, is amended
by striking the following:
``Commissioner of Social Security, Department of Health and
Human Services.''.
(b) Continuation of Orders, Determinations, Rules, Regulations,
Etc.--All orders, determinations, rules, regulations, permits,
contracts, collective bargaining agreements (and ongoingP negotiations
relating to such collective bargaining agreements), recognitions of
labor organizations, 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 March 31, 1995,
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 bargaining agreement shall
remain in effect until the date of termination specified in such
agreement.
(c) 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 March 31, 1995, with respect to functions vested (by reason of
this title, the amendments made thereby, and regulations prescribed
thereunder) in the Commissioner 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
issued 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 Commissioner, by a court of competent jurisdiction, or by
operation of law.
(d) Continuation of Suits.--Except as provided in this subsection--
(1) the provisions of this title shall not affect suits
commenced before March 31, 1995; and
(2) in all such suits proceedings shall be had, appeals taken,
and judgments rendered, in the same manner and effect as if this
title had not been enacted.
No cause of action, and no suit, action, or other proceeding commenced
by or against any officer in such officer's official capacity as an
officer of the Department of Health and Human Services, shall abate by
reason of the enactment of this title. In any suit, action, or other
proceeding pending immediately before March 31, 1995, the court or
hearing officer may at any time, on the motion of the court or hearing
officer or that of a party, enter an order which will give effect to
the provisions of this subsection (including, where appropriate, an
order for substitution of parties).
(e) Continuation of Penalties.--This title shall not have the
effect of releasing or extinguishing any civil or 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.
(f) 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 (other
than functions performed pursuant to 105(a)(2)) shall be subject to
judicial review 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 March 31, 1995. Any statutory requirements relating
to notice, hearings, action upon the record, or administrative review
that apply to any function so vested in such Commissioner shall
continue to apply to the exercise of such function by such
Commissioner.
(g) Exercise of Functions.--In the exercise of the functions vested
in the Commissioner of Social Security under this title, the amendments
made thereby, and regulations 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 functions in such
Commissioner, and actions of such Commissioner shall have the same
force and effect as when exercised by such Secretary.

1dc4b55b35ed8f53a44dc4e4043d566e60a43897675914c08599e3da82ca2c94

SECURITY ACT.
(a) In General.--Title II of the Social Security Act (42 U.S.C. 401
et seq.) (other than section 201, section 231(c), section 226, and
section 226A) and title XVI of such Act (42 U.S.C. 1382 et seq.) (other
than section 1614(f)(2)(B)) are each amended--
(1) by striking, wherever it appears, ``Secretary of Health and
Human Services'' and inserting ``Commissioner of Social Security'';
(2) by striking, wherever it appears, ``Department of Health
and Human Services'' and inserting ``Social Security
Administration'';
(3) by striking, wherever it appears, ``Department'' (but only
if it is not immediately succeeded by the words ``of Health and
Human Services'', and only if it is used in reference to the
Department of Health and Human Services) and inserting
``Administration''; and
(4) by striking, wherever it appears, 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'',
``Secretary's'', ``his'', ``him'', ``he'', ``her'', and ``she'',
and inserting (in the case of the word ``Secretary'')
``Commissioner 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 Commissioner's'', as may be appropriate,
and (in the case of the words ``she'' or ``he'') ``the
Commissioner''.
(b) Amendments to Section 201.--
(1) Subsections (a)(3), (a)(4), (b)(1), and (b)(2) of section
201 of such Act (42 U.S.C. 401) are amended by striking ``Secretary
of Health and Human Services'' and inserting ``Commissioner of
Social Security''.
(2) Subsections (a)(3) and (b)(1) of section 201 of such Act
(42 U.S.C. 401) are amended by striking ``such Secretary'' and
inserting ``such Commissioner''.
(3) Section 201(c) of such Act (42 U.S.C. 401(c)) isP amended--
(A) in the first sentence, by inserting ``the Commissioner
of Social Security,'' before ``the Secretary of the Treasury'';
and
(B) in the fifth sentence, by striking ``Commissioner of
Social Security'' and inserting ``Deputy Commissioner of Social
Security''.
(4) Section 201(g)(1)(A) of such Act (42 U.S.C. 401(g)(1)(A))
is amended--
(A) in clause (i), by striking ``by him and the Secretary
of Health and Human Services'' and inserting ``by the Managing
Trustee, 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 for the administration of titles II, XVI, and XVIII
of this Act'' and inserting ``by the Department of Health and
Human Services for the administration of title XVIII of this
Act, and by the Department of the Treasury for the
administration of titles II and XVIII of this Act'';
(B) in clause (ii), by striking ``method prescribed by the
Board of Trustees under paragraph (4)'' and inserting
``applicable method prescribed under paragraph (4)'', by
striking ``the Secretary of Health and Human Services'' and
inserting ``the Commissioner of Social Security'', and by
striking ``the Department of Health and Human Services'' and
inserting ``the Social Security Administration''; and
(C) in the matter following clause (ii), by striking
``titles II, XVI, and XVIII'' in the first sentence and
inserting ``titles II and XVIII'', and 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, title XVI, and title XVIII for which 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 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 this subparagraph.''.
(4)(A) Section 201(g)(1) of such Act (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, title XVI, and title
XVIII for which the Commissioner is responsible and 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
subparagraph (A)), which should have been borne by the general
fund of the Treasury,
``(II) the portion of such costs which should have been
borne by the Federal Old-Age and Survivors Insurance Trust
Fund,
``(III) the portion of such costs which should have been
borne by the Federal Disability Insurance Trust Fund,
``(IV) the portion of such costs which should have been
borne by the Federal Hospital Insurance Trust Fund, and
``(V) the portion of such costs which should have been
borne by the Federal Supplementary Medical Insurance Trust
Fund, and
``(ii) the Secretary of Health and Human Services shall
determine--
``(I) the portion of the costs, incurred during such fiscal
year, of the administration of title XVIII for which the
Secretary is responsible, which should have been borne by the
general fund of 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.
``(C) After the determinations under subparagraph (B) have been
made for any fiscal year, the Commisioner of Social Security and the
Secretary shall each certify to the Managing Trustee the amounts, if
any, which should be transferred from one to any of the other such
Trust Funds and the amounts, if any, which should be transferred
between the Trust Funds (or one of the Trust Funds) and the general
fund of the Treasury, in order to ensure that each of the Trust Funds
and the general fund of the Treasury have borne their proper share of
the costs, incurred during such fiscal year, for--
``(i) the parts of the administration of this title, title XVI,
and title XVIII for which the Commissioner of Social Security is
responsible,
``(ii) the parts of the administration of title XVIII for which
the Secretary 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.
``(D) The determinations required under subclauses (IV) and (V) of
subparagraph (B)(i) shall be made in accordance with the cost
allocation methodology in existence on the date of the enactment of the
Social Security Independence and Program Improvements Act of 1994,
until such time as the methodology for making the determinations
required under such subclauses is revised by agreement of the
Commissioner and the Secretary, except that the determination of the
amounts to be borne by the general fund of the Treasury with respect to
expenditures incurred in carrying out the functions of the Social
Security Administration specified in section 232 shall be made pursuant
to the applicable method prescribed under paragraph (4).''.
(5) Section 201(g)(2) of such Act (42 U.S.C. 401(g)(2)) is
amended, in the second sentence, by striking ``established and
maintained by the Secretary of Health and Human Services'' and
inserting ``maintained by the Commissioner of Social Security'',
and by striking ``Secretary shall furnish'' and inserting
``Commissioner of Social Security shall furnish''.
(6) Section 201(g)(4) of such Act (42 U.S.C. 401(g)(4)) is
amended to read as follows:
``(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 Independence and
Program Improvements Act of 1994, for determining the costs which
should be borne by the general fund of the Treasury of carrying out the
functions of the Commissioner, 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, they may
modify the method of determining such costs.''.
(7) Section 201(i)(1) of such Act (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 unconditionally 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 Social
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.''.
(8) Subsections (j) and (k) of section 201 of such Act (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) of such Act (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) of such Act (42 U.S.C. 401(m)(3)) is
amended by striking ``Secretary of Health and Human Services'' and
inserting ``Commissioner of Social Security''.
(c) Amendment to Section 231.--Section 231(c) of such Act (42
U.S.C. 431(c)) is amended by striking ``Secretary determines'' and
inserting ``Commissioner of Social Security and the Secretary jointly
determine''.

58f8de3bfbcabf4b0d3abbfe2258b48f789259615dc013b5711a0da80729de30

b95088c12aecbdfa4560ed4fe9617ed95cfe78ef44743da47632de645423a873

(a) References to the Department of Health and Human Services.--
Whenever any reference is made in any provision of law (other than this
title or a provision of law amended by this title), regulation, rule,
record, or document to the Department of Health and Human Services 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 security income program under title XVI of such
Act or other functions performed by the Social Security Administration
pursuant to section 105(a)(2) of this Act, such reference 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 any provision of law (other than this
title or a provision of law amended by this title), regulation, rule,
record, or document to the Secretary of Health and Human Services with
respect to such Secretary's functions under the old-age, survivors, and
disability insurance program under title II of the Social Security Act
or the supplemental security income program under title XVI of such Act
or other functions performed by the Commissioner of Social Security
pursuant to section 105(a)(2) of this Act, such reference shall be
considered a reference to the Commissioner of Social Security.
(c) References to Other Officers and Employees.--Whenever any
reference is made in any provision of law (other than this title or a
provision of law amended by this title), regulation, rule, record, or
document to any other officer or employee of the Department of Health
and Human Services with respect to such officer or employee's functions
under the old-age, survivors, and disability insurance program under
title II of the Social Security Act or the supplemental security income
program under title XVI of such Act or other functions performed by the
officer or employee of the Social Security Administration pursuant to
section 105(a)(2) of this Act, such reference shall be considered a
reference to the appropriate officer or employee of the Social Security
Administration.

d80256ee6189504b48142ea994a112909a58a98060d692aca4db126f31148cef

(a) In General.--Except as otherwise provided in this title, this
title, and the amendments made by such title, shall take effect March
31, 1995.
(b) Transition Rules.--Section 106 shall take effect on the date of
the enactment of this Act.
(c) Exceptions.--The amendments made by section 103, subsections
(b)(4) and (c) of section 105, and subsections (a)(1), (e)(1), (e)(2),
(e)(3), and (l)(2) of section 108 shall take effect on the date of the
enactment of this Act.

d83fa7cfcdbcdc91078abf03ce2d22effdc9dd53a083a45c3159eadbea81d415

c9958c87e49022cae4ffc964154ccbf6feb897dba09194ea2d5554e1a33d91ca

(a) Establishment of Commission.--The Secretary of Health and Human
Services (in this section referred to as the ``Secretary'') shall
appoint a Commission on the Evaluation of Disability in Children (in
this section referred to as the ``Commission'').
(b) Appointment of Members.--(1) The Secretary shall appoint not
less than 9 but not more than 15 members to the Commission, including--
(A) recognized experts in the field of medicine, whose work
involves--
(i) the evaluation and treatment of disability in children;
(ii) the study of congenital, genetic, or perinatal
disorders in children; or
(iii) the measurement of developmental milestones and
developmental deficits in children; and
(B) recognized experts in the fields of--
(i) psychology;
(ii) education and rehabilitation;
(iii) law;
(iv) the administration of disability programs; and
(v) social insurance (including health insurance); and
(C) other fields of expertise that the Secretary determines to
be appropriate.
(2) Members shall be appointed by January 1, 1995, without regard
to the provisions of title 5, United States Code, governing
appointments to competitive service.
(3) Members appointed under this subsection shall serve for a term
equivalent to the duration of the Commission.
(4) The Secretary shall designate a member of the Commission to
serve as Chair of the Commission for a term equivalent to the duration
of the Commission.
(c) Administrative Provisions.--(1) Service as a member of the
Commission by an individual who is not otherwise a Federal employee
shall not be considered service in an appointive or elective position
in the Federal Government for the purposes of title 5, United States
Code.
(2) Each member of the Commission who is not a full-time Federal
employee shall be paid compensation at a rate equal to the daily
equivalent of the rate of basic pay in effect for Level IV of the
Executive Schedule for each day (including travel time) the member
attends meetings or otherwise performs the duties of the Commission.
(3) While away from their homes or regular places of business on
the business of the Commission, each member who is not a full-time
Federal employee may be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703 of title 5, United
States Code, for persons employed intermittently in the Government
service.
(d) Assistance to Commission.--The Commission may engage
individuals skilled in medical and other aspects of childhood
disability to provide such technical assistance as may be necessary to
carry out the functions of the Commission. The Secretary shall make
available to the Commission such secretarial, clerical, and other
assistance as the Commission may require to carry out the functions of
the Commission.
(e) Study by the Commission.--(1) The Commission shall conduct a
study, in consultation with the National Academy of Sciences, of the
effects of the definition of ``disability'' under title XVI of the
Social Security Act (42 U.S.C. 1382 et seq.) in effect on the date of
enactment of this Act, as such definition applies to determining
whether a child under the age of 18 is eligible to receive benefits
under such title, the appropriateness of such definition, and the
advantages and disadvantages of using any alternative definition of
disability in determining whether a child under age 18 is eligible to
receive benefits under such title.
(2) The study described in paragraph (1) shall include issues of--
(A) whether the need by families for assistance in meeting high
costs of medical care for children with serious physical or mental
impairments, whether or not they are eligible for disability
benefits under title XVI of the Social Security Act, might
appropriately be met through expansion of Federal health assistance
programs;
(B) the feasibility of providing benefits to children through
noncash means, including but not limited to vouchers, debit cards,
and electronic benefit transfer systems;
(C) the extent to which the Social Security Administration can
involve private organizations in an effort to increase the
provision of social services, education, and vocational instruction
with the aim of promoting independence and the ability to engage in
substantial gainful activity;
(D) alternative ways and providing retroactive supplemental
security income benefits to disabled children, including the
desirability and feasibility of conserving some portion of such
benefits to promote the long-term well-being of such children;
(E) the desirability and methods of increasing the extent to
which benefits are used in the effort to assist disabled children
in achieving independence and engaging in substantial gainful
activity;
(F) the effects of the supplemental security income program on
disabled children and their families; and
(G) such other issues that the Secretary determines to be
appropriate.
(f) Report.--Not later than November 30, 1995, the Commission shall
prepare a report and submit such report to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate which shall summarize the results of the study described in
subsection (e) and include any recommendations that the Commission
determines to be appropriate.

9d5d9c8385e2f90942a7f1ddddbc2af43c22bdf50994b8b964d0b1ecfc9c1064

SELF-SUPPORT.
(a) In General.--Section 1633 of the Social Security Act (42 U.S.C.
1383b) is amended by adding at the end the following:
``(d) The Secretary shall establish by regulation criteria for time
limits and other criteria related to individuals' plans for achieving
self-support, that take into account--
``(1) the length of time that the individual will need to
achieve the individual's employment goal (within such reasonable
period as the Secretary may establish); and
``(2) other factors determined by the Secretary to be
appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 1995.

a2394c2232e16d75b5a4dec6b6eec7f11d29503214bbdbf840c04fb8f48a1c12

(a) In General.--Section 1611(f) of the Social Security Act (42
U.S.C. 1382(f)) is amended--
(1) by inserting ``(1)'' after ``(f)''; and
(2) by adding after and below the end the following:
``(2) For a period of not more than 1 year, the first sentence of
paragraph (1) shall not apply to any individual who--
``(A) was eligible to receive a benefit under this title for
the month immediately preceding the first month during all of which
the individual was outside the United States; and
``(B) demonstrates to the satisfaction of the Secretary that
the absence of the individual from the United States will be--
``(i) for not more than 1 year; and
``(ii) for the purpose of conducting studies as part of an
educational program that is--
``(I) designed to substantially enhance the ability of
the individual to engage in gainful employment;
``(II) sponsored by a school, college, or university in
the United States; and
``(III) not available to the individual in the United
States.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 1995.

d488b4753ae33eef3cbdde773ee6371112fb1bec0c672b18b2e49823df6d9f54

ELIGIBILITY FOR WORK INCENTIVES.
(a) In General.--Section 1619(b)(1)(B) of the Social Security Act
(42 U.S.C. 1382h(b)(1)(B)) is amended by inserting ``and increases
pursuant to section 215(i) in the level of monthly insurance benefits
to which the individual is entitled under title II that occur while
such individual is considered to be receiving supplemental security
income benefits by reason of this subsection'' after ``earnings''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to eligibility determinations for months after December 1994.

87ca6685e1dc78ab0a803f6fcf220b680721bbbdd2b156481fabe05f470b8816

d604aecf8ae0b27bd59d1cdc8c14021c27289f5d2a8ab585190681be6204bc8d

YEARS OF AGE.
(a) Disability Review Requirement.--
(1) In general.--The applicable State agency or the Secretary
of Health and Human Services (as may be appropriate) shall
redetermine the eligibility of a qualified individual for
supplemental security income benefits under title XVI of the Social
Security Act by reason of disability, by applying the criteria used
in determining eligibility for such benefits of applicants who have
attained 18 years of age.
(2) When conducted.--The redetermination required by paragraph
(1) with respect to a qualified individual shall be conducted
during the 1-year period that begins on the date the qualified
individual attains 18 years of age.
(3) Minimum number of reviews.--The Secretary shall conduct
redeterminations under paragraph (1) with respect to not less than
\1/3\ of qualified individuals in each of fiscal years 1996, 1997,
and 1998.
(4) Qualified individual defined.--As used in this paragraph,
the term ``qualified individual'' means a recipient of supplemental
security income benefits under title XVI of the Social Security Act
by reason of disability who attains 18 years of age in or after the
9th month after the month in which this Act is enacted.
(5) Substitute for a continuing disability review.--A
redetermination under paragraph (1) of this subsection shall be
considered a substitute for a review required under section
1614(a)(3)(G) of the Social Security Act.
(6) Sunset.--Paragraph (1) shall have no force or effect after
October 1, 1998.
(b) Report to the Congress.--Not later than October 1, 1998, the
Secretary of Health and Human Services shall submit to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate a report on the activities conducted under
subsection (a).

dccb7b665c42b676c46184ea509f5410e2ce37b1277fc340a7bf52ebf496d5f2

(a) Temporary Annual Minimum Number of Reviews.--During each year
of the 3-year period that begins on October 1, 1995, the Secretary of
Health and Human Services shall apply section 221(i) of the Social
Security Act in making disability determinations under title XVI of
such Act with respect to at least 100,000 recipients of supplemental
security income benefits under such title.
(b) Report to the Congress.--Not later than October 1, 1998, the
Secretary of Health and Human Services shall submit to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate a report on the activities conducted under
subsection (a).

6d618717e8112ee7ec31ef7c2bb029e0b12ef8a1eacead91c3618e1a66beeaf6

(a) In General.--Section 1618(b) of the Social Security Act (42
U.S.C. 1382g(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) For purposes of determining under paragraph (1) whether a
State's expenditures for supplementary payments in the 12-month period
beginning on the effective date of any increase in the level of
supplemental security income benefits are not less than the State's
expenditures for such payments in the preceding 12-month period, the
Secretary, in computing the State's expenditures, shall disregard,
pursuant to a 1-time election of the State, all expenditures by the
State for retroactive supplementary payments that are required to be
made in connection with the retroactive supplemental security income
benefits referred to in section 5041 of the Omnibus Budget
Reconciliation Act of 1990.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to increases in the level of supplemental security
income benefits under title XVI of the Social Security Act whether
occurring before, on, or after the date of the enactment of this Act.

b24eb348bcd4b04591064d4fbaef5359de4d6009d89f8aacd21a6f8323be386d

NOTES, OR CERTIFICATES TO THE SOCIAL SECURITY TRUST FUNDS.
(a) Requirement that Obligations Issued to the OASDI Trust Funds Be
Evidenced by Paper Instruments in the Form of Bonds, Notes, or
Certificates of Indebtedness Setting Forth Their Terms.--Section 201(d)
of the Social Security Act (42 U.S.C. 401(d)) is amended by inserting
after the fifth sentence the following new sentence: ``Each obligation
issued for purchase by the Trust Funds under this subsection shall be
evidenced by a paper instrument in the form of a bond, note, or
certificate of indebtedness issued by the Secretary of the Treasury
setting forth the principal amount, date of maturity, and interest rate
of the obligation, and stating on its face that the obligation shall be
incontestable in the hands of the Trust Fund to which it is issued,
that the obligation is supported by the full faith and credit of the
United States, and that the United States is pledged to the payment of
the obligation with respect to both principal and interest.''.
(b) Payment to the OASDI Trust Funds from the General Fund of the
Treasury of Interest on Obligations, and of Proceeds from the Sale or
Redemption of Obligations, Required to Be in the Form of Checks.--
Section 201(f) of such Act (42 U.S.C. 401(f)) is amended by adding at
the end the following new sentence: ``Payment from the general fund of
the Treasury to either of the Trust Funds of any such interest or
proceeds shall be in the form of paper checks drawn on such general
fund to the order of such Trust Fund.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to obligations issued, and payments made, after
60 days after the date of the enactment of this Act.
(2) Treatment of outstanding obligations.--Not later than 60
days after the date of the enactment of this Act, the Secretary of
the Treasury shall issue to the Federal Old-Age and Survivors
Insurance Trust Fund or the Federal Disability Insurance Trust
Fund, as applicable, a paper instrument, in the form of a bond,
note, or certificate of indebtedness, for each obligation which has
been issued to the Trust Fund under section 201(d) of the Social
Security Act and which is outstanding as of such date. Each such
document shall set forth the principal amount, date of maturity,
and interest rate of the obligation, and shall state on its face
that the obligation shall be incontestable in the hands of the
Trust Fund to which it was issued, that the obligation is supported
by the full faith and credit of the United States, and that the
United States is pledged to the payment of the obligation with
respect to both principal and interest.

fb953aa981d5a91868148af6c4161218ede2a3db287bcad21f1183b3db7e0698

THE SOCIAL SECURITY ADMINISTRATION.
(a) Study.--The Comptroller General of the United States shall
conduct a study of telephone access to local offices of the Social
Security Administration.
(b) Matters to be Studied.--In conducting the study under this
section, the Comptroller General shall make an independent assessment
of the Social Security Administration's use of innovative technology
(including attendant call and voice mail) to increase public telephone
access to local offices of the Administration. Such study shall
include--
(1) an assessment of the aggregate impact of such technology on
public access to the local offices, and
(2) a separate assessment of the impact of such technology on
public access to those local offices to which access was restricted
on October 1, 1989.
(c) Report.--Not later than January 31, 1996, the Comptroller
General shall submit a report on the results of the study conducted
pursuant to this section to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate.

90c188d3985dad553c8475b877007a7970c7dd2453d54b8310c798627471f040

OFFICIALS OR ELECTION WORKERS FROM COVERAGE.
(a) Limitation on Mandatory Coverage of State Election Officials
and Election Workers Without State Retirement System.--
(1) Amendment to social security act.--Section 210(a)(7)(F)(iv)
of the Social Security Act (42 U.S.C. 410(a)(7)(F)(iv)) (as amended
by section 11332(a) of the Omnibus Budget Reconciliation Act of
1990) is amended by striking ``$100'' and inserting ``$1,000 with
respect to service performed during any calendar year commencing on
or after January 1, 1995, ending on or before December 31, 1999,
and the adjusted amount determined under section 218(c)(8)(B) for
any calendar year commencing on or after January 1, 2000, with
respect to service performed during such calendar year''.
(2) Amendment to fica.--Section 3121(b)(7)(F)(iv) of the
Internal Revenue Code of 1986 (as amended by section 11332(b) of
the Omnibus Budget Reconciliation Act of 1990) is amended by
striking ``$100'' and inserting ``$1,000 with respect to service
performed during any calendar year commencing on or after January
1, 1995, ending on or before December 31, 1999, and the adjusted
amount determined under section 218(c)(8)(B) of the Social Security
Act for any calendar year commencing on or after January 1, 2000,
with respect to service performed during such calendar year''.
(b) Conforming Amendments Relating to Medicare Qualified Government
Employment.--
(1) Amendment to social security act.--Section 210(p)(2)(E) of
the Social Security Act (42 U.S.C. 410(p)(2)(E)) is amended by
striking ``$100'' and inserting ``$1,000 with respect to service
performed during any calendar year commencing on or after January
1, 1995, ending on or before December 31, 1999, and the adjusted
amount determined under section 218(c)(8)(B) for any calendar year
commencing on or after January 1, 2000, with respect to service
performed during such calendar year''.
(2) Amendment to fica.--Section 3121(u)(2)(B)(ii)(V) of the
Internal Revenue Code of 1986 is amended by striking ``$100'' and
inserting ``$1,000 with respect to service performed during any
calendar year commencing on or after January 1, 1995, ending on or
before December 31, 1999, and the adjusted amount determined under
section 218(c)(8)(B) of the Social Security Act for any calendar
year commencing on or after January 1, 2000, with respect to
service performed during such calendar year''.
(c) Authority for States To Modify Coverage Agreements With Respect
to Election Officials and Election Workers.--Section 218(c)(8) of the
Social Security Act (42 U.S.C. 418(c)(8)) is amended--
(1) by striking ``on or after January 1, 1968,'' and inserting
``at any time'';
(2) by striking ``$100'' and inserting ``$1,000 with respect to
service performed during any calendar year commencing on or after
January 1, 1995, ending on or before December 31, 1999, and the
adjusted amount determined under subparagraph (B) for any calendar
year commencing on or after January 1, 2000, with respect to
service performed during such calendar year''; and
(3) by striking the last sentence and inserting the following
new sentence: ``Any modification of an agreement pursuant to this
paragraph shall be effective with respect to services performed in
and after the calendar year in which the modification is mailed or
delivered by other means to the Secretary.''.
(d) Indexation of Exempt Amount.--Section 218(c)(8) of such Act (as
amended by subsection (c)) is further amended--
(1) by inserting ``(A)'' after ``(8)''; and
(2) by adding at the end the following new subparagraph:
``(B) For each year after 1999, the Secretary shall adjust the
amount referred to in subparagraph (A) at the same time and in the same
manner as is provided under section 215(a)(1)(B)(ii) with respect to
the amounts referred to in section 215(a)(1)(B)(i), except that--
``(i) for purposes of this subparagraph, 1997 shall be
substituted for the calendar year referred to in section
215(a)(1)(B)(ii)(II), and
``(ii) such amount as so adjusted, if not a multiple of $100,
shall be rounded to the next higher multiple of $100 where such
amount is a multiple of $50 and to the nearest multiple of $100 in
any other case.
The Secretary shall determine and publish in the Federal Register each
adjusted amount determined under this subparagraph not later than
November 1 preceding the year for which the adjustment is made.''.
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall apply with respect to service performed on or after
January 1, 1995.

53c3af436a446a83b71f85954a777a53d1ad4228662c95ce82920838ce45fca3

GOVERNMENTS AND FEDERAL DISTRICT COURTS FOR JURY SELECTION
PURPOSES.
(a) In General.--Section 205(c)(2) of the Social Security Act (42
U.S.C. 405(c)(2)) is amended--
(1) in subparagraph (B)(i), by striking ``(E)'' in the matter
preceding subclause (I) and inserting ``(F)'';
(2) by redesignating subparagraphs (E) and (F) as subparagraphs
(F) and (G), respectively; and
(3) by inserting after subparagraph (D) the following:
``(E)(i) It is the policy of the United States that--
``(I) any State (or any political subdivision of a State) may
utilize the social security account numbers issued by the Secretary
for the additional purposes described in clause (ii) if such
numbers have been collected and are otherwise utilized by such
State (or political subdivision) in accordance with applicable law,
and
``(II) any district court of the United States may use, for
such additional purposes, any such social security account numbers
which have been so collected and are so utilized by any State.
``(ii) The additional purposes described in this clause are the
following:
``(I) Identifying duplicate names of individuals on master
lists used for jury selection purposes.
``(II) Identifying on such master lists those individuals who
are ineligible to serve on a jury by reason of their conviction of
a felony.
``(iii) To the extent that any provision of Federal law enacted
before the date of the enactment of this subparagraph is inconsistent
with the policy set forth in clause (i), such provision shall, on and
after that date, be null, void, and of no effect.
``(iv) For purposes of this subparagraph, the term `State' has the
meaning such term has in subparagraph (D).''.
(b) Conforming Amendment.--Section 1140(a)(2) of such Act (42
U.S.C. 1320b-10(a)(2)) is amended by striking ``205(c)(2)(E)'' and
inserting ``205(c)(2)(F)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

2f10d903b6c8e2d088e338055fe3ab0e6ea42ce252dcab58053f5e44fbeb98e5

AND LOCAL POLICE OFFICERS AND FIREFIGHTERS UNDER EXISTING
COVERAGE AGREEMENTS.
(a) In General.--Section 218(l) of the Social Security Act (42
U.S.C. 418(l)) is amended--
(1) in paragraph (1), by striking ``(1)'' after ``(l)'', and by
striking ``the State of'' and all that follows through ``prior to
the date of enactment of this subsection'' and inserting ``a State
entered into pursuant to this section''; and
(2) by striking paragraph (2).
(b) Conforming Amendment.--Section 218(d)(8)(D) of such Act (42
U.S.C. 418(d)(8)(D)) is amended by striking ``agreements with the
States named in'' and inserting ``State agreements modified as provided
in''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to modifications filed by States after the date of
the enactment of this Act.

7b38103f8ec1d66c8d95616a11a1303303ef755018090226a608636d95654fd8

SELF-EMPLOYMENT TAX LIABILITY.
(a) In General.--Notwithstanding any other provision of law, if--
(1) an individual performed services described in section
1402(c)(4) of the Internal Revenue Code of 1986 which are subject
to tax under section 1401 of such Code,
(2) such services were performed in Canada at a time when no
agreement between the United States and Canada pursuant to section
233 of the Social Security Act was in effect, and
(3) such individual was required to pay contributions on the
earnings from such services under the social insurance system of
Canada,
then such individual may file a certificate under this section in such
form and manner, and with such official, as may be prescribed in
regulations issued under chapter 2 of such Code. Upon the filing of
such certificate, notwithstanding any judgment which has been entered
to the contrary, such individual shall be exempt from payment of such
tax with respect to services described in paragraphs (1) and (2) and
from any penalties or interest for failure to pay such tax or to file a
self-employment tax return as required under section 6017 of such Code.
(b) Period for Filing.--A certificate referred to in subsection (a)
may be filed only during the 180-day period commencing with the date on
which the regulations referred to in subsection (a) are issued.
(c) Taxable Years Affected by Certificate.--A certificate referred
to in subsection (a) shall be effective for taxable years ending after
December 31, 1978, and before January 1, 1985.
(d) Restriction on Crediting of Exempt Self-Employment Income.--In
any case in which an individual is exempt under this section from
paying a tax imposed under section 1401 of the Internal Revenue Code of
1986, any income on which such tax would have been imposed but for such
exemption shall not constitute self-employment income under section
211(b) of the Social Security Act (42 U.S.C. 411(b)), and, if such
individual's primary insurance amount has been determined under section
215 of such Act (42 U.S.C. 415), notwithstanding section 215(f)(1) of
such Act, the Secretary of Health and Human Services (prior to March
31, 1995) or the Commissioner of Social Security (after March 30, 1995)
shall recompute such primary insurance amount so as to take into
account the provisions of this subsection. The recomputation under this
subsection shall be effective with respect to benefits for months
following approval of the certificate of exemption.

ef34d166ab9867909c60278b4c1bce1c627d1c75341ad56cfced3dabebce8554

OF THE WINDFALL ELIMINATION PROVISION.
(a) In General.--Section 215(a)(7) of the Social Security Act (42
U.S.C. 415(a)(7)) is amended--
(1) in subparagraph (A), by striking ``but excluding'' and all
that follows through ``1937'' and inserting ``but excluding (I) a
payment under the Railroad Retirement Act of 1974 or 1937, and (II)
a payment by a social security system of a foreign country based on
an agreement concluded between the United States and such foreign
country pursuant to section 233''; and
(2) in subparagraph (E), by inserting after ``in the case of an
individual'' the following: ``whose eligibility for old-age or
disability insurance benefits is based on an agreement concluded
pursuant to section 233 or an individual''.
(b) Conforming Amendment Relating to Benefits Under 1939 Act.--
Section 215(d)(3) of such Act (42 U.S.C. 415(d)(3)) is amended by
striking ``but excluding'' and all that follows through ``1937'' and
inserting ``but excluding (I) a payment under the Railroad Retirement
Act of 1974 or 1937, and (II) a payment by a social security system of
a foreign country based on an agreement concluded between the United
States and such foreign country pursuant to section 233''.
(c) Effective Date.--The amendments made by this section shall
apply (notwithstanding section 215(f)(1) of the Social Security Act (42
U.S.C. 415(f)(1))) with respect to benefits payable for months after
December 1994.

971236b9b6f9572793eda40421d090a400c3ebb40948f48a4f0dae5b1826d33a

GOVERNMENT PENSION OFFSET AND WINDFALL ELIMINATION PROVISIONS.
(a) Exclusion from Government Pension Offset Provisions.--
Subsections (b)(4), (c)(2), (e)(7), (f)(2), and (g)(4) of section 202
of the Social Security Act (42 U.S.C. 402 (b)(4), (c)(2), (e)(7),
(f)(2), and (g)(4)) are each amended--
(1) in subparagraph (A)(ii), by striking ``unless subparagraph
(B) applies.'';
(2) in subparagraph (A), by striking ``The'' in the matter
following clause (ii) and inserting ``unless subparagraph (B)
applies. The''; and
(3) in subparagraph (B), by redesignating the existing matter
as clause (ii), and by inserting before such clause (ii) (as so
redesignated) the following:
``(B)(i) Subparagraph (A)(i) shall not apply with respect to
monthly periodic benefits based wholly on service as a member of a
uniformed service (as defined in section 210(m)).''.
(b) Exclusion From Windfall Elimination Provisions.--Section
215(a)(7)(A) of such Act (as amended by section 307(a) of this Act) and
section 215(d)(3) of such Act (as amended by section 307(b) of this
Act) are each further amended--
(1) by striking ``and'' before ``(II)''; and
(2) by striking ``section 233'' and inserting ``section 233,
and (III) a payment based wholly on service as a member of a
uniformed service (as defined in section 210(m))''.
(c) Effective Date.--The amendments made by this section shall
apply (notwithstanding section 215(f) of the Social Security Act) with
respect to benefits payable for months after December 1994.

05098be8a1b4e314aa9596abdf36fe5d04e1a56829ddede2660ea732aaee5445

(a) Repeal of Rule Precluding Redistribution Under Family
Maximum.--Section 203(i) of the Social Security Act (42 U.S.C. 403(i))
is repealed.
(b) Coordination Under Family Maximum of Reduction in Beneficiary's
Auxiliary Benefits With Suspension of Auxiliary Benefits of Other
Beneficiary Under Earnings Test.--Section 203(a)(4) of such Act (42
U.S.C. 403(a)(4)) is amended by striking ``section 222(b). Whenever''
and inserting the following: ``section 222(b). Notwithstanding the
preceding sentence, any reduction under this subsection in the case of
an individual who is entitled to a benefit under subsection (b), (c),
(d), (e), (f), (g), or (h) of section 202 for any month on the basis of
the same wages and self-employment income as another person--
``(A) who also is entitled to a benefit under subsection (b),
(c), (d), (e), (f), (g), or (h) of section 202 for such month,
``(B) who does not live in the same household as such
individual, and
``(C) whose benefit for such month is suspended (in whole or in
part) pursuant to subsection (h)(3) of this section,
shall be made before the suspension under subsection (h)(3).
Whenever''.
(c) Conforming Amendment Applying Earnings Reporting Requirement
Despite Suspension of Benefits.--The third sentence of section
203(h)(1)(A) of such Act (42 U.S.C. 403(h)(1)(A)) is amended by
striking ``Such report need not be made'' and all that follows through
``The Secretary may grant'' and inserting the following: ``Such report
need not be made for any taxable year--
``(i) beginning with or after the month in which such
individual attained age 70, or
``(ii) if benefit payments for all months (in such taxable
year) in which such individual is under age 70 have been suspended
under the provisions of the first sentence of paragraph (3) of this
subsection, unless--
``(I) such individual is entitled to benefits under
subsection (b), (c), (d), (e), (f), (g), or (h) of section 202,
``(II) such benefits are reduced under subsection (a) of
this section for any month in such taxable year, and
``(III) in any such month there is another person who also
is entitled to benefits under subsection (b), (c), (d), (e),
(f), (g), or (h) of section 202 on the basis of the same wages
and self-employment income and who does not live in the same
household as such individual.
The Secretary may grant''.
(d) Conforming Amendment Deleting Special Income Tax Treatment of
Benefits No Longer Required by Reason of Repeal.--Section 86(d)(1) of
the Internal Revenue Code of 1986 (relating to income tax on social
security benefits) is amended by striking the last sentence.
(e) Effective Dates.--
(1) The amendments made by subsections (a), (b), and (c) shall
apply with respect to benefits payable for months after December
1995.
(2) The amendment made by subsection (d) shall apply with
respect to benefits received after December 31, 1995, in taxable
years ending after such date.

484a65ccc7878ecbd4555596fef36b55c72e08ef69d8333a05a26ab493cd7164

(a) In General.--Section 203(a) of the Social Security Act (42
U.S.C. 403(a)) is amended by adding at the end the following new
paragraph:
``(10)(A) Subject to subparagraphs (B) and (C)--
``(i) the total monthly benefits to which beneficiaries may be
entitled under sections 202 and 223 for a month on the basis of the
wages and self-employment income of an individual whose primary
insurance amount is computed under section 215(a)(2)(B)(i) shall
equal the total monthly benefits which were authorized by this
section with respect to such individual's primary insurance amount
for the last month of his prior entitlement to disability insurance
benefits, increased for this purpose by the general benefit
increases and other increases under section 215(i) that would have
applied to such total monthly benefits had the individual remained
entitled to disability insurance benefits until the month in which
he became entitled to old-age insurance benefits or reentitled to
disability insurance benefits or died, and
``(ii) the total monthly benefits to which beneficiaries may be
entitled under sections 202 and 223 for a month on the basis of the
wages and self-employment income of an individual whose primary
insurance amount is computed under section 215(a)(2)(C) shall equal
the total monthly benefits which were authorized by this section
with respect to such individual's primary insurance amount for the
last month of his prior entitlement to disability insurance
benefits.
``(B) In any case in which--
``(i) the total monthly benefits with respect to such
individual's primary insurance amount for the last month of his
prior entitlement to disability insurance benefits was computed
under paragraph (6), and
``(ii) the individual's primary insurance amount is computed
under subparagraph (B)(i) or (C) of section 215(a)(2) by reason of
the individual's entitlement to old-age insurance benefits or
death,
the total monthly benefits shall equal the total monthly benefits that
would have been authorized with respect to the primary insurance amount
for the last month of his prior entitlement to disability insurance
benefits if such total monthly benefits had been computed without
regard to paragraph (6).
``(C) This paragraph shall apply before the application of
paragraph (3)(A), and before the application of section 203(a)(1) of
this Act as in effect in December 1978.''.
(b) Conforming Amendment.--Section 203(a)(8) of such Act (42 U.S.C.
403(a)(8)) is amended by striking ``Subject to paragraph (7),'' and
inserting ``Subject to paragraph (7) and except as otherwise provided
in paragraph (10)(C),''.
(c) Effective Date.--The amendments made by this section shall
apply for the purpose of determining the total monthly benefits to
which beneficiaries may be entitled under sections 202 and 223 of the
Social Security Act based on the wages and self-employment income of an
individual who--
(1) becomes entitled to an old-age insurance benefit under
section 202(a) of such Act,
(2) becomes reentitled to a disability insurance benefit under
section 223 of such Act, or
(3) dies,
after December 1995.

69fb8351c5ecc7c4711925e83ae0575e5541e7d259a4a131fb6540faf672691c

INFORMATION FOR PURPOSES OF PUBLIC OR PRIVATE EPIDEMIOLOGICAL AND
SIMILAR RESEARCH.
(a) In General.--Section 1106 of the Social Security Act (42 U.S.C.
1306) is amended--
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively;
(2) in subsection (f) (as so redesignated), by striking
``subsection (d)'' and inserting ``subsection (e)''; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Notwithstanding any other provision of this section, in any
case in which--
``(1) information regarding whether an individual is shown on
the records of the Secretary as being alive or deceased is
requested from the Secretary for purposes of epidemiological or
similar research which the Secretary finds may reasonably be
expected to contribute to a national health interest, and
``(2) the requester agrees to reimburse the Secretary for
providing such information and to comply with limitations on
safeguarding and rerelease or redisclosure of such information as
may be specified by the Secretary,
the Secretary shall comply with such request, except to the extent that
compliance with such request would constitute a violation of the terms
of any contract entered into under section 205(r).''.
(b) Availability of Information Returns Regarding Wages Paid
Employees.--Section 6103(l)(5) of the Internal Revenue Code of 1986
(relating to disclosure of returns and return information to the
Department of Health and Human Services for purposes other than tax
administration) is amended--
(1) by striking ``for the purpose of'' and inserting ``for the
purpose of--'';
(2) by striking ``carrying out, in accordance with an
agreement'' and inserting the following:
``(A) carrying out, in accordance with an agreement'';
(3) by striking ``program.'' and inserting ``program; or''; and
(4) by adding at the end the following new subparagraph:
``(B) providing information regarding the mortality status
of individuals for epidemiological and similar research in
accordance with section 1106(d) of the Social Security Act.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to requests for information made after the date of
the enactment of this Act.

a55fd70700a4f79d7e8a74a952aefef8992905e1227c3a0fa01db895ae3a3205

SOCIAL SECURITY ADMINISTRATION OR DEPARTMENT OF HEALTH AND HUMAN
SERVICES.
(a) Prohibition of Unauthorized Reproduction, Reprinting, or
Distribution for Fee of Certain Official Publications.--Section 1140(a)
of the Social Security Act (42 U.S.C. 1320b-10(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by inserting ``(1)'' after ``(a)''; and
(3) by adding at the end the following new paragraph:
``(2) No person may, for a fee, reproduce, reprint, or distribute
any item consisting of a form, application, or other publication of the
Social Security Administration or of the Department of Health and Human
Services unless such person has obtained specific, written
authorization for such activity in accordance with regulations which
the Secretary shall prescribe.''.
(b) Addition to Prohibited Words, Letters, Symbols, and Emblems.--
Paragraph (1) of section 1140(a) of such Act (as redesignated by
subsection (a)) is further amended--
(1) in subparagraph (A) (as redesignated), by striking
``Administration', the letters `SSA' or `HCFA','' and inserting
``Administration', `Department of Health and Human Services',
`Health and Human Services', `Supplemental Security Income
Program', or `Medicaid', the letters `SSA', `HCFA', `DHHS', `HHS',
or `SSI',''; and
(2) in subparagraph (B) (as amended by section 304 and as
redesignated), by striking ``Social Security Administration'' each
place it appears and inserting ``Social Security Administration,
Health Care Financing Administration, or Department of Health and
Human Services'', by striking ``or of the Health Care Financing
Administration'', and by inserting ``or the Medicare card,'' after
``205(c)(2)(F)''.
(c) Exemption for Use of Words, Letters, Symbols, and Emblems of
State and Local Government Agencies by Such Agencies.--Paragraph (1) of
section 1140(a) of such Act (as redesignated by subsection (a)) is
further amended by adding at the end the following new sentence: ``The
preceding provisions of this subsection shall not apply with respect to
the use by any agency or instrumentality of a State or political
subdivision of a State of any words or letters which identify an agency
or instrumentality of such State or of a political subdivision of such
State or the use by any such agency or instrumentality of any symbol or
emblem of an agency or instrumentality of such State or a political
subdivision of such State.''.
(d) Inclusion of Reasonableness Standard.--Section 1140(a)(1) of
such Act (as amended by the preceding provisions of this section) is
further amended, in the matter following subparagraph (B) (as
redesignated), by striking ``convey'' and inserting ``convey, or in a
manner which reasonably could be interpreted or construed as
conveying,''.
(e) Ineffectiveness of Disclaimers.--Subsection (a) of section 1140
of such Act (as amended by the preceding provisions of this section) is
further amended by adding at the end the following new paragraph:
``(3) Any determination of whether the use of one or more words,
letters, symbols, or emblems (or any combination or variation thereof)
in connection with an item described in paragraph (1) or the
reproduction, reprinting, or distribution of an item described in
paragraph (2) is a violation of this subsection shall be made without
regard to any inclusion in such item (or any so reproduced, reprinted,
or distributed copy thereof) of a disclaimer of affiliation with the
United States Government or any particular agency or instrumentality
thereof.''.
(f) Violations With Respect to Individual Items.--Section
1140(b)(1) of such Act (42 U.S.C. 1320b-10(b)(1)) is amended by adding
at the end the following new sentence: ``In the case of any items
referred to in subsection (a)(1) consisting of pieces of mail, each
such piece of mail which contains one or more words, letters, symbols,
or emblems in violation of subsection (a) shall represent a separate
violation. In the case of any item referred to in subsection (a)(2),
the reproduction, reprinting, or distribution of such item shall be
treated as a separate violation with respect to each copy thereof so
reproduced, reprinted, or distributed.''.
(g) Elimination of Cap on Aggregate Liability Amount.--
(1) Repeal.--Paragraph (2) of section 1140(b) of such Act (42
U.S.C. 1320b-10(b)(2)) is repealed.
(2) Conforming amendments.--Section 1140(b) of such Act is
further amended--
(A) by striking ``(1) Subject to paragraph (2), the'' and
inserting ``The'';
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (1) (as redesignated), by striking
``subparagraph (B)'' and inserting ``paragraph (2)''.
(h) Removal of Formal Declination Requirement.--Section 1140(c)(1)
of such Act (42 U.S.C. 1320b-10(c)(1)) is amended by inserting ``and
the first sentence of subsection (c)'' after ``and (i)''.
(i) Penalties Relating to Social Security Administration Deposited
in OASI Trust Fund, and penalties related to Health Care Financing
Administration Deposited in the HI and SMI Trust Funds.--Section
1140(c)(2) of such Act (42 U.S.C. 1320b-10(c)(2)) is amended in the
second sentence by striking ``United States.'' and inserting ``United
States, except that (A) to the extent that such amounts are recovered
under this section as penalties imposed for misuse of words, letters,
symbols, or emblems relating to the Social Security Administration,
such amounts shall be deposited into the Federal Old-Age and Survivors
Insurance Trust Fund, and (B) to the extent that such amounts are
recovered under this section as penalties imposed for misuse of words,
letters, symbols, or emblems relating to the Department of Health and
Human Services, such amounts shall be deposited into the Federal
Hospital Insurance Trust Fund or the Federal Supplementary Medical
Insurance Trust Fund, as appropriate.''.
(j) Enforcement.--Section 1140 of such Act (42 U.S.C. 1320b-10) is
amended by adding at the end the following new subsection:
``(d) The preceding provisions of this section may be enforced
through the Office of the Inspector General of the Department of Health
and Human Services.''.
(k) Reports.--
(1) In general.--The Secretary of Health and Human Services and
the Commissioner of Social Security shall each submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate 3 reports on the operation of
section 1140 of the Social Security Act with respect to the Social
Security Administration or the Department of Health and Human
Services during the period covered by the report, which shall
specify--
(A) the number of complaints of violations of such section
received by the Social Security Administration or the
Department of Health and Human Services during the period,
(B) the number of cases in which the Social Security
Administration or the Department, during the period, sent a
notice of violation of such section requesting that an
individual cease activities in violation of such section,
(C) the number of cases in which the Social Security
Administration or the Department formally proposed a civil
money penalty in a demand letter during the period,
(D) the total amount of civil money penalties assessed by
the Social Security Administration or the Department under this
section during the period,
(E) the number of requests for hearings filed during the
period by the Social Security Administration or the Department
pursuant to sections 1140(c)(1) and 1128A(c)(2) of the Social
Security Act,
(F) the disposition during the period of hearings filed
pursuant to sections 1140(c)(1) and 1128A(c)(2) of the Social
Security Act, and
(G) the total amount of civil money penalties collected
under this section and deposited into the Federal Old-Age and
Survivors Insurance Trust Fund or the Health Insurance and
Supplementary Medical Insurance Trust Funds, as applicable,
during the period.
(2) When due.--The reports required by paragraph (1) shall be
submitted not later than December 1, 1995, not later than December
1, 1997, and not later than December 1, 1999, respectively.
(l) Prohibition of Misuse of Department of the Treasury Names,
Symbols, Etc.--
(1) General rule.--Subchapter II of chapter 3 of title 31,
United States Code, is amended by adding at the end thereof the
following new section:
``Sec. 333. Prohibition of misuse of Department of the Treasury names,
symbols, etc.
``(a) General Rule.--No person may use, in connection with, or as a
part of, any advertisement, solicitation, business activity, or
product, whether alone or with other words, letters, symbols, or
emblems--
``(1) the words `Department of the Treasury', or the name of
any service, bureau, office, or other subdivision of the Department
of the Treasury,
``(2) the titles `Secretary of the Treasury' or `Treasurer of
the United States' or the title of any other officer or employee of
the Department of the Treasury,
``(3) the abbreviations or initials of any entity referred to
in paragraph (1),
``(4) the words `United States Savings Bond' or the name of any
other obligation issued by the Department of the Treasury,
``(5) any symbol or emblem of an entity referred to in
paragraph (1) (including the design of any envelope or stationary
used by such an entity), and
``(6) any colorable imitation of any such words, titles,
abbreviations, initials, symbols, or emblems,
in a manner which could reasonably be interpreted or construed as
conveying the false impression that such advertisement, solicitation,
business activity, or product is in any manner approved, endorsed,
sponsored, or authorized by, or associated with, the Department of the
Treasury or any entity referred to in paragraph (1) or any officer or
employee thereof.
``(b) Treatment of Disclaimers.--Any determination of whether a
person has violated the provisions of subsection (a) shall be made
without regard to any use of a disclaimer of affiliation with the
United States Government or any particular agency or instrumentality
thereof.
``(c) Civil Penalty.--
``(1) In general.--The Secretary of the Treasury may impose a
civil penalty on any person who violates the provisions of
subsection (a).
``(2) Amount of penalty.--The amount of the civil penalty
imposed by paragraph (1) shall not exceed $5,000 for each use of
any material in violation of subsection (a). If such use is in a
broadcast or telecast, the preceding sentence shall be applied by
substituting `$25,000' for `$5,000'.
``(3) Time limitations.--
``(A) Assessments.--The Secretary of the Treasury may
assess any civil penalty under paragraph (1) at any time before
the end of the 3-year period beginning on the date of the
violation with respect to which such penalty is imposed.
``(B) Civil action.--The Secretary of the Treasury may
commence a civil action to recover any penalty imposed under
this subsection at any time before the end of the 2-year period
beginning on the date on which such penalty was assessed.
``(4) Coordination with subsection (d).--No penalty may be
assessed under this subsection with respect to any violation after
a criminal proceeding with respect to such violation has been
commenced under subsection (d).
``(d) Criminal Penalty.--
``(1) In general.--If any person knowingly violates subsection
(a), such person shall, upon conviction thereof, be fined not more
than $10,000 for each such use or imprisoned not more than 1 year,
or both. If such use is in a broadcast or telecast, the preceding
sentence shall be applied by substituting `$50,000' for `$10,000'.
``(2) Time limitations.--No person may be prosecuted, tried, or
punished under paragraph (1) for any violation of subsection (a)
unless the indictment is found or the information instituted during
the 3-year period beginning on the date of the violation.
``(3) Coordination with subsection (c).--No criminal proceeding
may be commenced under this subsection with respect to any
violation if a civil penalty has previously been assessed under
subsection (c) with respect to such violation.''.
(2) Clerical amendment.--The analysis for chapter 3 of title
31, United States Code, is amended by adding after the item
relating to section 332 the following new item:
``333. Prohibition of misuse of Department of the Treasury names,
symbols, etc.''.
(3) Report.--Not later than May 1, 1996, the Secretary of the
Treasury shall submit a report to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate on the implementation of the amendments made by this
section. Such report shall include the number of cases in which the
Secretary has notified persons of violations of section 333 of
title 31, United States Code (as added by subsection (a)), the
number of prosecutions commenced under such section, and the total
amount of the penalties collected in such prosecutions.
(m) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
violations occurring after March 31, 1995.
(2) Prohibition of misuse of department of the treasury names,
symbols, etc.--Subsection (l)(3) shall take effect on the date of
the enactment of this Act, and the amendments made by paragraphs
(1) and (2) of subsection (l) shall apply with respect to
violations occurring after such date.

77324592df69a121d363b56e4064a581c72c5efec82b9aee5daf55d3e3099163

SECURITY INFORMATION.
(a) Unauthorized Disclosure.--Section 1106(a) of the Social
Security Act (42 U.S.C. 1306(a)) is amended--
(1) by striking ``misdemeanor'' and inserting ``felony'';
(2) by striking ``$1,000'' and inserting ``$10,000 for each
occurrence of a violation''; and
(3) by striking ``one year'' and inserting ``5 years''.
(b) Unauthorized Disclosure by Fraud.--Section 1107(b) of such Act
(42 U.S.C. 1307(b)) is amended--
(1) by inserting ``social security account number,'' after
``information as to the'';
(2) by striking ``misdemeanor'' and inserting ``felony'';
(3) by striking ``$1,000'' and inserting ``$10,000 for each
occurrence of a violation''; and
(4) by striking ``one year'' and inserting ``5 years''.
(c) Effective Date.--The amendments made by this section shall
apply to violations occurring on or after the date of the enactment of
this Act.

31368231869d97fd2f6dd3512351f2ff266fd72b0ff551e3cf2f97c9e3d1baf6

FILE ANNUAL EARNINGS REPORT.
(a) In General.--Section 203(h)(1)(A) of the Social Security Act
(42 U.S.C. 403(h)(1)(A)) is amended in the last sentence by striking
``three months'' and inserting ``four months''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to reports of earnings for taxable years ending on
or after December 31, 1994.

afec1bbd7eeca2c623d70aeec2d9f19f4a07df8632ef61af9ee86d9c1979ed92

PROJECT AUTHORITY.
(a) In General.--Section 505 of the Social Security Disability
Amendments of 1980 (Public Law 96-265), as amended by section 12101 of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law
99-272), section 10103 of the Omnibus Budget Reconciliation Act of 1989
(Public Law 101-239), and section 5120 of the Omnibus Budget
Reconciliation Act of 1990 (Public Law 101-508), is further amended--
(1) in paragraph (3) of subsection (a), by striking ``June 10,
1993'' and inserting ``June 10, 1996'';
(2) in paragraph (4) of subsection (a), by striking ``1992''
and inserting ``1995''; and
(3) in subsection (c), by striking ``October 1, 1993'' and
inserting ``October 1, 1996''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

19078e80ed64bc1cf16b7e420d41a830bbe6c64372cbd089fa178081c74859ea

INFORMATION AND EMPLOYER IDENTIFICATION NUMBER INFORMATION
MAINTAINED BY THE DEPARTMENT OF AGRICULTURE.
(a) Social Security Account Number Information.--Clause (iii) of
section 205(c)(2)(C) of the Social Security Act (42 U.S.C.
405(c)(2)(C)) (as added by section 1735(a)(3) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat.
3791)) is amended--
(1) by inserting ``(I)'' after ``(iii)''; and
(2) by striking ``The Secretary of Agriculture shall restrict''
and all that follows and inserting the following:
``(II) The Secretary of Agriculture may share any information
contained in any list referred to in subclause (I) with any other
agency or instrumentality of the United States which otherwise has
access to social security account numbers in accordance with this
subsection or other applicable Federal law, except that the Secretary
of Agriculture may share such information only to the extent that such
Secretary determines such sharing would assist in verifying and
matching such information against information maintained by such other
agency or instrumentality. Any such information shared pursuant to this
subclause may be used by such other agency or instrumentality only for
the purpose of effective administration and enforcement of the Food
Stamp Act of 1977 or for the purpose of investigation of violations of
other Federal laws or enforcement of such laws.
``(III) The Secretary of Agriculture, and the head of any other
agency or instrumentality referred to in this subclause, shall
restrict, to the satisfaction of the Secretary of Health and Human
Services, access to social security account numbers obtained pursuant
to this clause only to officers and employees of the United States
whose duties or responsibilities require access for the purposes
described in subclause (II).
``(IV) The Secretary of Agriculture, and the head of any agency or
instrumentality with which information is shared pursuant to clause
(II), shall provide such other safeguards as the Secretary of Health
and Human Services determines to be necessary or appropriate to protect
the confidentiality of the social security account numbers.''.
(b) Employer Identification Number Information.--Subsection (f) of
section 6109 of the Internal Revenue Code of 1986 (as added by section
1735(c) of the Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101-624; 104 Stat. 3792)) (relating to access to employer
identification numbers by Secretary of Agriculture for purposes of Food
Stamp Act of 1977) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Sharing of information and safeguards.--
``(A) Sharing of information.--The Secretary of Agriculture
may share any information contained in any list referred to in
paragraph (1) with any other agency or instrumentality of the
United States which otherwise has access to employer
identification numbers in accordance with this section or other
applicable Federal law, except that the Secretary of
Agriculture may share such information only to the extent that
such Secretary determines such sharing would assist in
verifying and matching such information against information
maintained by such other agency or instrumentality. Any such
information shared pursuant to this subparagraph may be used by
such other agency or instrumentality only for the purpose of
effective administration and enforcement of the Food Stamp Act
of 1977 or for the purpose of investigation of violations of
other Federal laws or enforcement of such laws.
``(B) Safeguards.--The Secretary of Agriculture, and the
head of any other agency or instrumentality referred to in
subparagraph (A), shall restrict, to the satisfaction of the
Secretary of the Treasury, access to employer identification
numbers obtained pursuant to this subsection only to officers
and employees of the United States whose duties or
responsibilities require access for the purposes described in
subparagraph (A). The Secretary of Agriculture, and the head of
any agency or instrumentality with which information is shared
pursuant to subparagraph (A), shall provide such other
safeguards as the Secretary of the Treasury determines to be
necessary or appropriate to protect the confidentiality of the
employer identification numbers.'';
(2) in paragraph (3), by striking ``by the Secretary of
Agriculture pursuant to this subsection'' and inserting ``pursuant
to this subsection by the Secretary of Agriculture or the head of
any agency or instrumentality with which information is shared
pursuant to paragraph (2)'', and by striking ``social security
account numbers'' and inserting ``employer identification
numbers''; and
(3) in paragraph (4), by striking ``by the Secretary of
Agriculture pursuant to this subsection'' and inserting ``pursuant
to this subsection by the Secretary of Agriculture or any agency or
instrumentality with which information is shared pursuant to
paragraph (2)''.

d0183f1904dc7649ee6467db90ca1111d259102f4ad5f7cdc2f5b64b56d59aeb

PERMANENT.
Subsection (c)(1)(A) of section 224 of the Railroad Retirement
Solvency Act of 1983 (relating to section 72(r) revenue increase
transferred to certain railroad accounts) is amended by striking ``with
respect to benefits received before October 1, 1992''.

1a7419af0186a44094c4a068726dd5a3d32242a75768f7899cccca87abb22b5e

BY DEPARTMENT OF LABOR IN ADMINISTRATION OF FEDERAL WORKERS'
COMPENSATION LAWS.
Section 205(c)(2)(C) of the Social Security Act (42 U.S.C.
405(c)(2)(C)) is amended by adding at the end the following new clause:
``(ix) In the administration of the provisions of chapter 81 of
title 5, United States Code, and the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 901 et seq.), the Secretary of Labor may
require by regulation that any person filing a notice of injury or a
claim for benefits under such provisions provide as part of such notice
or claim such person's social security account number, subject to the
requirements of this clause. No officer or employee of the Department
of Labor shall have access to any such number for any purpose other
than the establishment of a system of records necessary for the
effective administration of such provisions. The Secretary of Labor
shall restrict, to the satisfaction of the Secretary of Health and
Human Services, access to social security account numbers obtained
pursuant to this clause to officers and employees of the United States
whose duties or responsibilities require access for the administration
or enforcement of such provisions. The Secretary of Labor shall provide
such other safeguards as the Secretary of Health and Human Services
determines to be necessary or appropriate to protect the
confidentiality of the social security account numbers.''.

38e46e6b31189210ee451d8ab51e95da24c73b1222f02c0998e4110926d02b24

TEMPORARILY TO INTERNATIONAL ORGANIZATIONS.
(a) Treatment of Service in the Employ of International
Organizations by Certain Transferred Federal Employees.--
(1) In general.--Section 3121 of the Internal Revenue Code of
1986 (relating to definitions) is amended by adding at the end the
following new subsection:
``(y) Service in the Employ of International Organizations by
Certain Transferred Federal Employees.--
``(1) In general.--For purposes of this chapter, service
performed in the employ of an international organization by an
individual pursuant to a transfer of such individual to such
international organization pursuant to section 3582 of title 5,
United States Code, shall constitute `employment' if--
``(A) immediately before such transfer, such individual
performed service with a Federal agency which constituted
`employment' under subsection (b) for purposes of the taxes
imposed by sections 3101(a) and 3111(a), and
``(B) such individual would be entitled, upon separation
from such international organization and proper application, to
reemployment with such Federal agency under such section 3582.
``(2) Definitions.--For purposes of this subsection--
``(A) Federal agency.--The term `Federal agency' means an
agency, as defined in section 3581(1) of title 5, United States
Code.
``(B) International organization.--The term `international
organization' has the meaning provided such term by section
3581(3) of title 5, United States Code.''
(2) Contributions by federal agency.--Section 3122 of such Code
(relating to Federal service) is amended by inserting after the
first sentence the following new sentence: ``In the case of the
taxes imposed by this chapter with respect to service performed in
the employ of an international organization pursuant to a transfer
to which the provisions of section 3121(y) are applicable, the
determination of the amount of remuneration for such service, and
the return and payment of the taxes imposed by this chapter, shall
be made by the head of the Federal agency from which the transfer
was made.''
(3) Collection of employee contributions.--Section 3102 of such
Code (relating to deduction of tax from wages) is amended by adding
at the end the following new subsection:
``(e) Special Rule for Certain Transferred Federal Employees.--In
the case of any payments of wages for service performed in the employ
of an international organization pursuant to a transfer to which the
provisions of section 3121(y) are applicable--
``(1) subsection (a) shall not apply,
``(2) the head of the Federal agency from which the transfer
was made shall separately include on the statement required under
section 6051--
``(A) the amount determined to be the amount of the wages
for such service, and
``(B) the amount of the tax imposed by section 3101 on such
payments, and
``(3) the tax imposed by section 3101 on such payments shall be
paid by the employee.''
(4) Exclusion from treatment as trade or business.--Paragraph
(2)(C) of section 1402(c) of such Code (defining trade or business)
is amended by adding at the end the following: ``except service
which constitutes `employment' under section 3121(y),''.
(5) Conforming amendment.--Paragraph (15) of section 3121(b) of
such Code is amended by inserting ``, except service which
constitutes `employment' under subsection (y)'' after
``organization''.
(b) Amendments to the Social Security Act.--
(1) In general.--Section 210 of the Social Security Act (42
U.S.C. 410) is amended by adding at the end the following new
subsection:
``service in the employ of international organizations by certain
transferred federal employees
``(r)(1) For purposes of this title, service performed in the
employ of an international organization by an individual pursuant to a
transfer of such individual to such international organization pursuant
to section 3582 of title 5, United States Code, shall constitute
`employment' if--
``(A) immediately before such transfer, such individual
performed service with a Federal agency which constituted
`employment' as defined in subsection (a), and
``(B) such individual would be entitled, upon separation from
such international organization and proper application, to
reemployment with such Federal agency under such section 3582.
``(2) For purposes of this subsection:
``(A) The term `Federal agency' means an agency, as defined in
section 3581(1) of title 5, United States Code.
``(B) The term `international organization' has the meaning
provided such term by section 3581(3) of title 5, United States
Code.''
(2) Exclusion from treatment as trade or business.--Section
211(c)(2)(C) of such Act (42 U.S.C. 411(c)(2)(C)) is amended by
inserting before the semicolon the following ``, except service
which constitutes `employment' under section 210(r)''.
(3) Conforming amendment.--Section 210(a)(15) of such Act (42
U.S.C. 410(a)(15)) is amended by inserting ``, except service which
constitutes `employment' under subsection (r)'' before the
semicolon.
(c) Effective Date.--The amendments made by this section shall
apply with respect to service performed after the calendar quarter
following the calendar quarter in which the date of the enactment of
this Act occurs.

8df8c84145743e9c922b74eb9760a02cedbbd95ed69c7bbf3ec53b5805f4a72d

TO INDIVIDUALS WHO ENTER THE UNITED STATES UNDER A VISA ISSUED
UNDER SECTION 101 OF THE IMMIGRATION AND NATIONALITY ACT.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) The following provisions of the Internal Revenue Code of
1986 are each amended by striking ``(J), or (M)'' each place it
appears and inserting ``(J), (M), or (Q)'':
(A) Section 871(c).
(B) Section 1441(b).
(C) Section 3121(b)(19).
(D) Section 3231(e)(1).
(E) Section 3306(c)(19).
(2) Paragraph (3) of section 872(b) of such Code is amended by
striking ``(F) or (J)'' and inserting ``(F), (J), or (Q)''.
(3) Paragraph (5) of section 7701(b) of such Code is amended by
striking ``subparagraph (J)'' in subparagraphs (C)(i) and
(D)(i)(II) and inserting ``subparagraph (J) or (Q)''.
(b) Amendment to Social Security Act.--Paragraph (19) of section
210(a) of the Social Security Act is amended by striking ``(J), or
(M)'' each place it appears and inserting ``(J), (M), or (Q)''.
(c) Effective Date.--The amendments made by this subsection shall
take effect with the calendar quarter following the date of the
enactment of this Act.

d75190f4c3bfd503131a46d890b97d4a100cbc062024b8bef64bcca0ba21c5fa

07a4ec12d92f77348187bc1097fb49ae7f0d9efcd09e2b7cd59a78aeb80372ee

Social Security Administrative Reform Act of 1994 — HR. 4277

Other Sections

TITLE I

TITLE II

TITLE III

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