TABLE OF CONTENTS:
Title I: Establishment of the Social Security Administration
Title II: Miscellaneous Provisions and Conforming Amendments
Title III: Effective Dates and Transitional Rules
Social Security Reorganization Act of 1993 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act (SSA) to establish the Social Security Administration as an independent executive agency to be governed by a Social Security Board. Provides that it shall be the duty of the Board to administer the Old Age, Survivors and Disability Insurance (OASDI) program and the Supplemental Security Income (SSI) program under SSA titles II and XVI. Requires the Board to establish in the Administration an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interest and views of OASDI and SSI beneficiaries. Transfers to the Board all functions carried out by the Secretary of Health and Human Services pertaining to such programs.
Title II: Miscellaneous Provisions And Conforming Amendments - Sets forth a contributor and beneficiary bill of rights. Makes conforming amendments to SSA titles II and XVI.
Requires the Board to report to the Congress within 120 days after the beginning of each regular session on its administration under SSA.
Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs.
Sets forth rules of construction.
Title III: Effective Dates and Transitional Rules - Sets forth effective dates and transitional rules.
[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 623 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 623
To establish the Social Security Administration as an independent
agency, which shall be headed by a Social Security Board, and which
shall be responsible for the administration of the old-age, survivors,
and disability insurance program under title II of the Social Security
Act and the supplemental security income program under title XVI of
such Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 26, 1993
Mr. McCandless introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To establish the Social Security Administration as an independent
agency, which shall be headed by a Social Security Board, and which
shall be responsible for the administration of the old-age, survivors,
and disability insurance program under title II of the Social Security
Act and the supplemental security income program under title XVI of
such Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the ``Social Security Reorganization Act
of 1993''.
TABLE OF CONTENTS
Sec. 1. Short title and table of contents.
Sec. 2. Declaration of purpose.
TITLE I--ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION
Sec. 101. Establishment of the Social Security Administration as a
separate, independent agency;
responsibilities of the agency.
Sec. 102. Social Security Board; Commissioner; Deputy Commissioner;
Beneficiary Ombudsman; other officers.
Sec. 103. Personnel; budgetary matters; facilities and procurement;
seal of office.
Sec. 104. Transfers to the new Social Security Administration.
TITLE II--MISCELLANEOUS PROVISIONS AND CONFORMING AMENDMENTS
Sec. 201. Contributor and beneficiary bill of rights.
Sec. 202. Amendments to titles II and XVI of the Social Security Act.
Sec. 203. Other Amendments.
Sec. 204. Rules of construction.
TITLE III--EFFECTIVE DATES AND TRANSITIONAL RULES
Sec. 301. Effective dates.
Sec. 302. Transitional rules.
SEC. 2. DECLARATION OF PURPOSE.
The purposes of this Act are as follows:
(1) to establish the Social Security Administration as an
independent agency, separate from the Department of Health and
Human Services;
(2) to charge the Social Security Administration with
administration of the old-age, survivors, and disability
insurance program and supplemental security income program;
(3) to establish a Social Security Board as head of the
Social Security Administration and define the powers and duties
of such Board;
(4) to establish a Commissioner of Social Security and
define the powers and duties of the Commissioner; and
(5) to provide for delegating major management authorities
to the Board and the Commissioner.
TITLE I--ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION
SEC. 101. ESTABLISHMENT OF SOCIAL SECURITY ADMINISTRATION AS A
SEPARATE, INDEPENDENT AGENCY; RESPONSIBILITIES OF THE
AGENCY.
Section 701 of the Social Security Act is amended to read as
follows:
``social security administration
``Sec. 701. There is hereby established, as an independent agency
in the executive branch of the Government, a Social Security
Administration. It shall be the duty of the Administration to
administer the old-age, survivors, and disability insurance program
under title II and the supplemental security income program under title
XVI.''.
SEC. 102. SOCIAL SECURITY BOARD; COMMISSIONER; DEPUTY COMMISSIONER;
BENEFICIARY OMBUDSMAN; OTHER OFFICERS.
(a) In General.--Section 702 of the Social Security Act is amended
to read as follows:
``social security board; commissioner; other officers
``Social Security Board
``Sec. 702. (a)(1)(A) The Administration shall be governed by a
Social Security Board. The Board shall be composed of three members
appointed by the President, by and with the advice and consent of the
Senate. The members shall be chosen, on the basis of their integrity,
impartiality, and good judgment, from among individuals who, by reason
of their education, experience, and attainments, are exceptionally
qualified to perform the duties of members of the Board.
``(B)(i) Except as provided in clauses (i) and (ii), members of the
Board shall be appointed for terms of six years. A member of the Board
may be removed only pursuant to a finding by the President of neglect
of duty or malfeasance in office. The President shall transmit any such
finding to the Speaker of the House of Representatives and the Majority
Leader of the Senate not later than five days after the date on which
such finding is made.
``(ii) Of the members first appointed--
``(I) one shall be appointed for a term ending January 31,
1995,
``(II) one shall be appointed for a term ending January 31,
1997, and
``(III) one shall be appointed for a term ending January
31, 1999,
as designated by the President at the time of appointment. Such members
shall be appointed after active consideration of recommendations made
by the chairman of the Committee on Ways and Means of the House of
Representatives and of recommendations made by the chairman of the
Committee on Finance of the Senate.
``(iii) The President may not nominate an individual for
appointment to a term of office as member of the Board before the
commencement of the President's term of office in which the member's
term of office commences. Any 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. A member may, at the request of
the President, serve for not more than one year after the expiration of
his or her term until his or her successor has taken office. A member
of the Board may be appointed for additional terms.
``(C) Not more than two members of the Board shall be of the same
political party.
``(D) A member of the Board may not, during his or her term as
member, otherwise serve as an officer or employee of any government. If
any member of the Board becomes an officer or employee of any
government, such member may continue as a member of the Board for not
longer than the 30-day period beginning on the date such member becomes
such an officer or employee.
``(E) Two members of the Board shall constitute a quorum, except
that one member may hold hearings.
``(F) A member of the Board shall be designated from time to time
by the President to serve as Chairperson of the Board.
``(G) The Board shall meet at the call of the Chairperson or two
members of the Board.
``(2) Each member of the Board shall be compensated at the rate
provided for level II of the Executive Schedule.
``(3) The Board shall--
``(A) govern by regulation the old-age, survivors, and
disability insurance program under title II and the
supplemental security income program under title XVI,
``(B) appoint a Commissioner of Social Security, as
described in subsection (b), to act as the chief operating
officer of the Administration responsible for administering
such programs,
``(C) constitute three of the members the Board of Trustees
of the Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund, with the
Chairperson of the Social Security Board serving as Chairperson
of such Board of Trustees,
``(D) make annual budgetary recommendations relating to the
Administration and defend such recommendations before the
appropriate committees of each House of the Congress,
``(E) make recommendations to the Congress and the
President as to the most effective methods of providing
economic security through social insurance and as to
legislation and matters of administrative policy concerning
such programs,
``(F) provide the Congress and the President with the
ongoing actuarial and other analysis undertaken by the
Administration with respect to such programs and any other
information relating to such programs, and
``(G) conduct policy analysis and research relating to such
programs.
``(4)(A) The Board may prescribe such rules and regulations as the
Board determines necessary or appropriate to carry out the functions of
the Administration.
``(B) The Board may establish, alter, consolidate, or discontinue
such organizational units or components within the Administration as
the Board considers necessary or appropriate to carry out its
functions, except that this subparagraph shall not apply with respect
to any unit, component, or position provided for by this Act.
``(C) The Board may, with respect to the administration of the old-
age, survivors, and disability insurance program under title II and the
supplemental security income program under title XVI, assign duties,
and delegate, or authorize successive redelegations of, authority to
act and to render decisions, to such officers and employees as the
Board 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 Board.
``Commissioner of Social Security
``(b)(1) There shall be in the Administration a Commissioner of
Social Security who shall be appointed by the Social Security Board.
``(2)(A) The Commissioner shall be appointed for a term of five
years, except that the individual first appointed to the office of
Commissioner shall be appointed for a term ending September 30, 1995.
An individual appointed to a term of office as Commissioner after the
commencement of such term may serve under such appointment only for the
remainder of such term. An individual may, at the request of the
Chairperson of the Board, serve as Commissioner after the expiration of
his or her term for not more than one year until his or her successor
has taken office. An individual may be appointed as Commissioner for
additional terms.
``(B) An individual may be removed from the office of Commissioner
before completion of his or her term only for cause found by the Board.
``(3) The Commissioner shall be compensated at the rate provided
for level II of the Executive Schedule.
``(4) The Commissioner shall--
``(A) constitute the chief operating officer of the
Administration, responsible for administering, in accordance
with applicable statutes and regulations, the old-age,
survivors, and disability insurance program under title II and
the supplemental security income program under title XVI,
``(B) establish and maintain an efficient and effective
operational structure for the Administration,
``(C) devise and implement long-term plans to promote and
maintain the effective implementation of such programs,
``(D) make annual budgetary recommendations of the
Administration for the ongoing administrative costs of the
Administration and defend such recommendations before the Board
and before the appropriate Committees of each House of the
Congress,
``(E) advise the Board and the Congress of the effect on
the administration of such programs of proposed legislative
changes in such programs,
``(F) serve as Secretary of the Board of Trustees of the
Federal Old-Age, Survivors, and Disability Insurance Trust Fund
and the Federal Disability Insurance Trust Fund, and
``(G) report in December of each year to the Board for
transmittal to the Congress concerning the administrative
endeavors and accomplishments of the Administration.
Any reference to the Board in this Act or any other provision of law in
connection with the exercise of a function of the Board which is
delegated to the Commissioner pursuant to this section shall be
considered a reference to the Commissioner.
``Deputy Commissioner of Social Security
``(c)(1) There shall be in the Office of the Commissioner a Deputy
Commissioner, who shall be appointed by the Board. The Deputy
Commissioner shall be appointed for a term coextensive with the term of
the Commissioner and may be removed by the Board only for cause.
``(2) The Deputy Commissioner shall be compensated at the rate
provided for level III of the Executive Schedule.
``(3) 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
Social Security during the absence or disability of the Commissioner
and, unless the Board designates another officer of the Government, in
the event of a vacancy in the office of Commissioner.
``Beneficiary Ombudsman
``(d)(1) The Board shall by regulation establish in the
Administration an Office of the Beneficiary Ombudsman, to be headed by
a Beneficiary Ombudsman appointed by the Board.
``(2) The Beneficiary Ombudsman shall be appointed for a term of
five years, except that the individual first appointed to the office of
Beneficiary Ombudsman shall be appointed for a term ending September
30, 1991. An individual appointed to a term of office as Beneficiary
Ombudsman after the commencement of such term may serve under such
appointment only for the remainder of such term. An individual may, at
the request of the Chairperson of the Board, serve as Beneficiary
Ombudsman after the expiration of his or her term for not more than one
year until his or her successor has taken office. An individual may be
appointed as Beneficiary Ombudsman for additional terms.
``(3) The duties of the Beneficiary Ombudsman are as follows:
``(A) to represent the interests and concerns of
beneficiaries under the old-age, survivors, and disability
insurance program under title II and the supplemental security
income program under title XVI within the Administration's
decisionmaking process;
``(B) to review the Administration's policies and
procedures for possible adverse effects on such beneficiaries;
``(C) to recommend changes in policies which have caused
problems for such beneficiaries;
``(D) to help resolve the problems under such programs of
individual beneficiaries; and
``(E) to represent the views of beneficiaries in the design
of forms and the issuance of instructions.
``(4) The Board shall assure that the Office of the Beneficiary
Ombudsman has staff sufficient to enable the Beneficiary Ombudsman to
efficiently carry out his or her duties. Such staff shall be located in
the regional offices, program centers, and central office of the
Administration.
``(5) The annual report of the Board under section 704 shall
include a description of the activities of the Beneficiary Ombudsman.
``General Counsel
``(e) There shall be in the Administration a General Counsel, who
shall be appointed by and serve at the pleasure of the Board. The
General Counsel shall be the principal legal officer in the
Administration.
``Inspector General
``(f) There shall be in the Administration an Office of the
Inspector General. Such Office shall be headed by an Inspector General
appointed in accordance with the Inspector General Act of 1978.''.
(b) Interim Authority of the Commissioner.--The President shall
nominate for appointment the initial members of the Social Security
Board not later than 180 days after the date of the enactment of this
Act. In the event that, as of the effective date of the amendment made
by this Act to section 702 of the Social Security Act, all members of
the Social Security Board have not been appointed, until all members of
the Board have been appointed, the officer serving on the date of the
enactment of this Act as Commissioner of Social Security in the
Department of Health and Human Services (or Acting Commissioner, if
applicable), or such officer's successor, shall, while continuing to
serve as Commissioner of Social Security (or Acting Commissioner) in
such Department, serve as head of the Social Security Administration
established under section 701 of the Social Security Act (as amended by
this Act) and shall assume the powers and duties of such Board and of
the Commissioner of Social Security under such Act (as amended by this
Act).
SEC. 103. PERSONNEL; BUDGETARY MATTERS; FACILITIES AND PROCUREMENT;
SEAL OF OFFICE.
Section 703 of the Social Security Act is amended to read as
follows:
``administrative duties of the social security board
``Personnel
``Sec. 703. (a)(1) The Social Security Board shall appoint such
additional officers and employees as it considers necessary to carry
out its functions. Except as otherwise provided 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 Board may appoint, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, such technical or professional employees as the Board
considers appropriate, and such employees may be paid without regard to
the provisions of chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule pay rates.
``(3) The Board may procure the services of experts and consultants
in accordance with the provisions of section 3109 of title 5, United
States Code.
``(4) The Director of the Office of Personnel Management shall
delegate to the Board, pursuant to section 1104 of title 5, United
States Code, and subject to applicable limitations under such title
relating to delegations under such section, the functions relating to--
``(A) recruitment and examination programs for entry level
employees, and
``(B) classification and standards development systems and
pay ranges for those job categories identified by the Board in
assuming such delegation.
The Director of the Office of Personnel Management shall provide any
assistance requested by the Board in assuming such delegation.
``(5) 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 equal to 200 percent of the number of such
positions 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 Reorganization Act of 1985, and the
total number of such positions authorized for the Administration
pursuant to such section 3133 shall not at any time be less than such
number.
``(6) In addition to the positions of the Administration in the
Executive Schedule specified in section 702, the Administration is
authorized six additional positions at level IV of the Executive
Schedule and six additional positions at level V of the Executive
Schedule.
``Budgetary Matters
``(b)(1) 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 Board.
The entire amount of appropriations provided for the administrative
costs of the Administration shall be apportioned in the time period
provided in title 31, United States Code, for apportionment and shall
be apportioned for the entire period of availability without
restriction or deduction by the apportioning officer or employee of the
Office of Management and Budget or any other entity within the
executive branch of the Federal Government, except as otherwise
provided in this subsection.
``(2) The report submitted pursuant to section 704 shall include a
section reflecting the use of budget authority provided to the
Administration by quarters.
``(3)(A) Authority of the Administration for automated data
processing procurement and facilities construction shall be provided in
the form of contract authority covering the total costs of such
acquisitions, to be available until expended.
``(B) Amounts necessary for the liquidation of contract authority
provided pursuant to this paragraph are hereby made available from the
Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund to the extent that the Board, with the
concurrence of the Secretary of the Treasury, determines that such
amounts are not necessary to meet the current obligations for benefit
payments from the Trust Funds.
``(C) Funds appropriated for the Administration to be available on
a contingency basis shall be apportioned only upon the occurrence of
the stipulated contingency, as determined by the Board and reported to
each House of the Congress.
``Mandatory Delegations from Administrator of General Services
``(c)(1) The Board shall have--
``(A) all authorities permitted to be delegated under the
provisions of Federal law codified under title 40 of the United
States Code, relating to the acquisition, operation, and
maintenance of the facilities needed for the administration of
programs for which the Board is given responsibility under this
Act,
``(B) all authorities permitted to be delegated under
section 111 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 759), relating to the lease, purchase,
or maintenance of automated data processing equipment, and
``(C) the authority to contract for any automated data
processing equipment or services which the Board considers
necessary for the efficient and effective operation of such
programs.
``(2) The Administrator of the General Services Administration
shall provide any assistance requested by the Board in assuming the
delegations required under paragraph (1).''.
``Seal of Office
``(d) The Board shall cause a seal of office to be made for the
Administration of such design as the Board shall approve. Judicial
notice shall be taken of such seal.''.
SEC. 104. TRANSFERS TO THE NEW SOCIAL SECURITY ADMINISTRATION.
(a) Functions.--There are transferred to the Social Security
Administration all functions carried out by the Secretary of Health and
Human Services with respect to the programs and activities the
administration of which is vested in the Social Security Administration
by reason of this Act and the amendments made thereby. The Social
Security Board shall allocate such functions in accordance with
sections 701, 702, and 703 of the Social Security Act (as amended by
this Act).
(b) Personnel, Assets, Etc.--(1) There are transferred from the
Department of Health and Human Services to the Social Security
Administration, for appropriate allocation by the Social Security Board
in the Social Security Administration--
(A) the personnel employed in connection with the functions
transferred by this Act 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 transferred pursuant to this subsection shall
be used only for the purposes for which the funds were originally
authorized and appropriated.
(c) Abolishment of Office of Commissioner in the Department of
Health and Human Services.--Effective upon the appointment of all
initial members of the Social Security Board pursuant to section 702 of
the Social Security Act (as amended by this Act), the position of
Commissioner of Social Security in the Department of Health and Human
Services is abolished.
TITLE II--MISCELLANEOUS PROVISIONS AND CONFORMING AMENDMENTS
SEC. 201. CONTRIBUTOR AND BENEFICIARY BILL OF RIGHTS.
Title VII of the Social Security Act is further amended by adding
at the end thereof the following new section:
``contributor and beneficiary bill of rights
``Principles for Implementation of Act
``Sec. 711. (a) The provisions of this Act should be implemented
consistent with the following principles:
``(1) All persons should be treated fairly and equitably by
the Social Security Board and the Secretary with proper regard
and protection for their rights under this Act, their
constitutional rights, and their privacy.
``(2) The Social Security Board and the Secretary should
not discriminate against persons on account of their age, sex,
race, creed, color, handicap, national origin, or economic
condition.
``(3) The Board and the Secretary should each maintain
prompt, professional, and effective service which is accessible
and responsive to the communities and persons which they serve.
``Enforcement of Principles
``(b) In carrying out their responsibilities under this Act, the
Social Security Board and the Secretary, pursuant to authority
otherwise available, shall take any action, including the issuance of
rules, regulations, or directives, which is consistent with the
provisions of this Act and which the Social Security Board or the
Secretary (as the case may be) determines is necessary to ensure that
the administration of this Act is based on and embodies the principles
set forth in subsection (a) and that such principles are publicly
displayed in each office of the Social Security Administration.''.
SEC. 202. AMENDMENTS TO TITLES II AND XVI OF THE SOCIAL SECURITY ACT.
(a) Title II (other than section 201, section 231(c), section 226,
and section 226A) and title XVI of the Social Security Act are each
amended--
(1) by striking out, wherever it appears therein,
``Secretary of Health and Human Services'' and inserting in
lieu thereof ``Social Security Board'';
(2) by striking out, wherever it appears therein,
``Department of Health and Human Services'' and inserting in
lieu thereof ``Social Security Administration'';
(3) by striking out, wherever it appears therein,
``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 in lieu thereof ``Administration''; and
(4) by striking out, wherever it appears therein, each of
the following words (but, in the case of any such word only if
such word refers to the Secretary of Health and Human
Services): ``Secretary'', ``Secretary's'', ``his'', ``him'',
and ``he'', and inserting in lieu thereof (in the case of the
word ``Secretary'') ``Social Security Board'', (in the case of
the word ``Secretary's'') ``Board's'', (in the case of the word
``his'') ``the Board's'', (in the case of the word ``him'')
``the Board'', and (in the case of the word ``he'') ``the
Board''.
(b)(1) Section 201(a)(3) of such Act is amended by striking out
``Secretary of Health and Human Services'' and inserting in lieu
thereof ``Social Security Board''.
(2) Section 201(c) of such Act is amended--
(A) in the first sentence, by striking out ``shall be
composed of'' and all that follows down through ``ex officio''
and inserting in lieu thereof the following: ``shall be
composed of the members of the Social Security Board, the
Secretary of the Treasury, and the Secretary of Health and
Human Services, all ex officio''; and
(B) by inserting after the first sentence the following new
sentence: ``The Chairperson of the Social Security Board shall
be the Chairperson of the Board of Trustees.''.
(3) Section 201(g)(1)(A) of such Act is amended--
(A) in clause (i), by striking out ``by him and the
Secretary of Health and Human Services'' and inserting in lieu
thereof ``by him, the Social Security Board, and the Secretary
of Health and Human Services'', and by striking out ``by the
Department of Health and Human Services and the Treasury
Department'' and inserting in lieu thereof ``by the Social
Security Administration, the Department of Health and Human
Services, and the Department of the Treasury'';
(B) in clause (ii), by striking out ``method prescribed by
the Board of Trustees under paragraph (4)'' and inserting in
lieu thereof ``applicable method prescribed under paragraph
(4)'', by striking out ``the Secretary of Health and Human
Services'' and inserting in lieu thereof ``the Social Security
Board and the Secretary of Health and Human Services'', and by
striking out ``the Department of Health and Human Services''
and inserting in lieu thereof ``the Social Security
Administration and the Department of Health and Human
Services''; and
(C) by striking out the last sentence and inserting in lieu
thereof the following: ``There are hereby authorized to be made
available for expenditure, out of any or all of the Trust
Funds, such amounts as the Congress may deem appropriate to pay
the costs of the part of the administration of this title and
title XVI for which the Social Security Board 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 1954 other than
those referred to in clause (i) of the first sentence of this
subparagraph.''.
(4) Section 201(g)(1) of such Act is further amended by striking
out subparagraph (B) and inserting in lieu thereof the following new
subparagraphs:
``(B) After the close of each fiscal year--
``(i) the Social Security Board shall determine (I) the
portion of the costs, incurred during such fiscal year, of
administration of this title and title XVI and of carrying out
the functions of the Social Security Administration, specified
in section 232, which relate to the administration of
provisions of the Internal Revenue Code of 1954 (other than
those referred to in clause (i) of the first sentence of
subparagraph (A)), which should have been borne by the general
fund in the Treasury, (II) the portion of such costs which
should have been borne by the Federal Old-Age and Survivors
Insurance Trust Fund, and (III) the portion of such costs which
should have been borne by the Federal Disability Insurance
Trust Fund, and
``(ii) the Secretary of Health and Human Services shall
determine (I) the portion of the costs, incurred during such
fiscal year, of administration of title XVIII which should have
been borne by the general fund in the Treasury, (II) the
portion of such costs which should have been borne by the
Federal Hospital Insurance Trust Fund, and (III) the portion of
such costs which should have been borne by the Federal
Supplementary Medical Insurance Trust Fund,
except that the determination of the amounts to be borne by the general
fund in the Treasury with respect to expenditures incurred in carrying
out such functions specified in section 232 shall be made pursuant to
the applicable method prescribed under paragraph (4) of this
subsection.
``(C) After the determinations under subparagraph (B) have been
made for any fiscal year, the Social Security Board and the Secretary
of Health and Human Services shall each certify to the Managing Trustee
the amounts which should be transferred from each of the Trust Funds to
the general fund in the Treasury and from the general fund in the
Treasury to each of the Trust Funds, in order to ensure that each of
the Trust Funds and the general fund in the Treasury have borne their
proper share of the costs, incurred during such fiscal year, for (i)
the part of the administration of this title and title XVI for which
the Social Security Board is responsible, (ii) the part of the
administration of this title and title XVIII for which the Secretary of
Health and Human Services is responsible, and (iii) carrying out the
functions of the Social Security Administration, specified in section
232, which relate to the administration of provisions of the Internal
Revenue Code of 1954 (other than those referred to in clause (i) of the
first sentence of subparagraph (A)). The Managing Trustee shall
transfer any such amounts in accordance with any certification so
made.''.
(5) Section 201(g)(2) of such Act is amended, in the second
sentence, by striking out ``established and maintained by the Secretary
of Health and Human Services'' and inserting in lieu thereof
``maintained by the Social Security Board'', and by striking out
``Secretary shall furnish'' and inserting in lieu thereof ``Social
Security Board shall furnish''.
(6) Section 201(g)(4) of such Act is amended to read as follows:
``(4) The Social Security Board shall utilize the method prescribed
pursuant to this paragraph, as of immediately before the date of the
enactment of the Social Security Reorganization Act of 1985, for
determining the costs which should be borne by the general fund in the
Treasury of carrying out the functions of the Board, specified in
section 232, which relate to the administration of provisions of the
Internal Revenue Code of 1954 (other than those referred to in clause
(i) of the first sentence of paragraph (1)(A)). If at any time or times
thereafter the Board considers such action advisable, it may modify the
method of determining such costs.''.
(7) Section 201(i)(1) of such Act 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 are each
amended by striking out ``Secretary'' each place it appears and
inserting in lieu thereof ``Social Security Board''.
(9) Section 201(l)(3)(B)(iii)(II) of such Act is amended by
striking out ``Secretary'' and inserting in lieu thereof ``Social
Security Board''.
(10) Section 201(m)(3) of such Act is amended by striking out
``Secretary of Health and Human Services'' and inserting in lieu
thereof ``Social Security Board''.
(c) Section 231(c) of such Act is amended by striking out
``Secretary determines'' and inserting in lieu thereof ``Social
Security Board and the Secretary jointly determine''.
SEC. 203. OTHER AMENDMENTS.
(a) Section 411 of the Social Security Act is amended--
(1) in subsection (a), by striking out ``Secretary'' and
inserting in lieu thereof ``Social Security Board, at the
request of the Secretary,''; and
(2) in subsection (b), by striking out ``Secretary'' each
place it appears and inserting in lieu thereof ``Social
Security Board''.
(b)(1) Section 704 of such Act is amended to read as follows:
``reports
``Sec. 704. The Secretary and the Social Security Board shall make
full reports to Congress, within 120 days after the beginning of each
regular session, of the administration of the functions with which they
are charged under this Act. In addition to the number of copies of such
reports authorized by other law to be printed, there is hereby
authorized to be printed not more than 5,000 copies of each such report
for use by the Secretary and Social Security Board for distribution to
Members of Congress and to State and other public or private agencies
or organizations participating in or concerned with the programs
provided for in this Act.''.
(2) Section 709(b)(2) of such Act is amended by striking out ``(as
estimated by the Secretary)'' and inserting in lieu thereof ``, as
estimated by the Social Security Board or the Secretary (whichever
administers the program involved),''.
(3) Title VII of such Act is further amended by adding at the end
thereof the following new section:
``duties of secretary
``Sec. 712. The Secretary shall perform the duties imposed upon him
by this Act and shall also have the duty of studying and making
recommendations as to the most effective methods of providing economic
security and as to legislation and matters of administrative policy
concerning the programs administered by the Secretary and related
subjects; except that nothing in this section shall be construed to
require the Secretary to make studies or recommendations with respect
to programs administered by the Social Security Administration.''.
(c)(1) Section 1101(a) of such Act is amended by adding at the end
thereof the following new paragraph:
``(10) The term `Administration' means the Social Security
Administration.''.
(2) Section 1106(a) of such Act is amended--
(A) by inserting ``(1)'' after ``(a)'';
(B) by striking out ``Department of Health and Human
Services'' and inserting in lieu thereof ``applicable agency'';
(C) by striking out ``Secretary'' and inserting in lieu
thereof ``head of the applicable agency''; and
(D) by adding at the end thereof the following new
paragraph:
``(2) For purposes of this subsection and subsection (b), the term
`applicable agency' means--
``(A) the Social Security Administration, with respect to
matter transmitted to or obtained by such Administration or
matter disclosed by such Administration, or
``(B) the Department of Health and Human Services, with
respect to matter transmitted to or obtained by such Department
or matter disclosed by such Department.''.
(3) Section 1106(b) of such Act is amended--
(A) by striking out ``Secretary'' and inserting in lieu
thereof ``head of the applicable agency''; and
(B) by striking out ``Department of Health and Human
Services'' and inserting in lieu thereof ``applicable agency''.
(4) Section 1106(c) of such Act is amended--
(A) by striking out ``the Secretary'' the first place it
appears and inserting in lieu thereof ``the Social Security
Board or the Secretary''; and
(B) by striking out ``the Secretary'' each subsequent place
it appears and inserting in lieu thereof ``such Board or
Secretary''.
(5) Section 1107(b) of such Act is amended by striking out ``the
Secretary of Health and Human Services'' and inserting in lieu thereof
``the Social Security Board or the Secretary''.
(6) Section 1110 of such Act is amended--
(A) by striking out ``Secretary'' each place it appears and
inserting in lieu thereof ``Social Security Board''; and
(B) by striking out ``he'', ``his'', ``him'', and
``himself'' each place they appear (except in subsection
(b)(2)(A)) and inserting in lieu thereof ``the Board'', ``the
Board's'', ``the Board'', and ``itself'', respectively.
(7) Section 1127 of such Act is amended by striking out
``Secretary'' and inserting in lieu thereof ``Social Security Board''.
(8) Section 1128(e) of such Act is amended by inserting after
``section 205(g)'' the following: ``, except that, in so applying such
sections, any reference therein to the Social Security Board shall be
considered a reference to the Secretary''.
(9) Section 1131 of such Act is amended--
(A) by striking out ``Secretary'' each place it appears and
inserting in lieu thereof ``Social Security Board'';
(B) in subsection (a)(1)(A), by adding ``or'' at the end
thereof;
(C) in subsection (a)(1)(B), by striking out ``or'' at the
end thereof;
(D) by striking out subsection (a)(1)(C);
(E) by redesignating subsection (a)(2) as subsection
(a)(3);
(F) by inserting after subsection (a)(1) the following new
paragraph:
``(2) the Secretary makes a finding of fact and a decision
as to the entitlement under section 226 of any individual to
hospital insurance benefits under part A of title XVIII, or'';
and
(G) by striking out ``he'' in the matter in subsection (a)
following paragraph (3) (as so redesignated) and inserting in
lieu thereof ``the Social Security Board''.
(10) Section 1155 of such Act is amended by striking out ``(to the
same extent as is provided in section 205(b))'' and inserting in lieu
thereof ``(to the same extent as beneficiaries under title II are
entitled to a hearing by the Social Security Board under section
205(b))''.
(d)(1) Subsections (a) and (f) of section 1817 of such Act are
amended by striking out ``Secretary of Health and Human Services'' each
place it appears and inserting in lieu thereof ``Social Security
Board''.
(2) Section 1840(a) of such Act is amended--
(A) in paragraph (1), by striking out ``Secretary'' and
inserting in lieu thereof ``Social Security Board'', and by
adding at the end thereof the following new sentence: ``Such
regulations shall be prescribed only after consultation with
the Secretary.''; and
(B) in paragraph (2), by striking out ``Secretary of Health
and Human Services'' and inserting in lieu thereof ``Social
Security Board''.
(3) Section 1872 of such Act is amended by inserting after ``title
II'' the following: ``, except that, in applying such provisions with
respect to this title, any reference therein to the Social Security
Board shall be considered a reference to the Secretary''.
(4) Sections 1862(d)(3), 1869(b)(1), and 1869(c) of such Act and
the last sentence of section 1876(c)(5)(B) of such Act are amended by
inserting after ``section 205(g)'' the following: ``, except that, in
so applying such sections, any reference therein to the Social Security
Board shall be considered a reference to the Secretary''.
(e) Section 1910(c)(2) of such Act is amended, in the first
sentence, by inserting after ``section 205(g)'' the following: ``,
except that, in so applying such sections, any reference therein to the
Social Security Board shall be considered a reference to the
Secretary''.
(f) Title 5, United States Code, is amended--
(1) by adding at the end of section 5313 the following new
items:
``Members, Social Security Board (3).
``Commissioner of Social Security.'';
(2) by adding at the end of section 5314 the following new
item:
``Deputy Commissioner of Social Security.'';
(3) by adding at the end of section 5315 the following new
items:
``General Counsel, Social Security Administration.
``Additional officers, Social Security Administration
(6).'';
(4) by adding at the end of section 5316 the following new
items:
``Inspector General, Social Security Administration.
``Additional officers, Social Security Administration
(6).''; and
(5) by striking out ``Secretary of Health and Human
Services'' each place it appears in section 8141 and inserting
in lieu thereof ``Social Security Board''.
(g) The Food Stamp Act of 1977 is amended--
(1) in section 6 (7 U.S.C. 2015), by striking out
``Secretary of Health and Human Services'' and inserting in
lieu thereof ``Social Security Board''; and
(2) in section 17(d) (7 U.S.C. 2026(d)), by inserting after
``Services'' the following: ``and the Social Security Board''.
(h) Section 707 of title 14, United States Code, is amended by
striking out ``Secretary of Health and Human Services'' each place it
appears and inserting in lieu thereof ``Social Security Board''.
(i)(1) Subsections (c)(1), (c)(2)(E), (g)(1), (g)(3)(A), and
(g)(3)(B) of section 1402 of the Internal Revenue Code of 1954 are
amended by striking out ``Secretary of Health and Human Services'' each
place it appears and inserting in lieu thereof ``Social Security
Board''.
(2) Section 3121(b)(10)(B) of such Code is amended by striking out
each place it appears ``Secretary of Health and Human Services'' and
inserting in lieu thereof ``Social Security Board''.
(3) Subsections (d) and (f) of section 6057 of such Code are
amended by striking out ``Secretary of Health and Human Services'' each
place it appears and inserting in lieu thereof ``Social Security
Board''.
(4) Section 6103(l)(5) of such Code is amended--
(A) by striking out ``Department of Health and Human
Services'' and inserting in lieu thereof ``Social Security
Administration''; and
(B) by striking out ``Secretary of Health and Human
Services'' and inserting in lieu thereof ``Social Security
Board''.
(5) Section 6511(d)(5) of such Code is amended by striking out
``Secretary of Health and Human Services'' and inserting in lieu
thereof ``Social Security Board''.
(j) Section 3005 of title 38, United States Code, is amended by
striking out ``Secretary of Health and Human Services'' and
``Secretary'' each place they appear and inserting in lieu thereof
``Social Security Board''.
(k) The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 2(1), by striking out ``and the Veterans'
Administration'' and inserting in lieu thereof ``the Veterans'
Administration, and the Social Security Administration'';
(2) in section 9(a)(1), by striking out ``and'' at the end
of subparagraph (M), and by adding at the end thereof the
following new subparagraph:
``(O) of the Social Security Administration (to the
extent provided in the Social Security Reorganization
Act of 1985), the functions of the Inspector General of
the Department of Health and Human Services relating to
the administration of the old-age, survivors, and
disability insurance program under title II of the
Social Security Act and of the supplemental security
income program under title XVI of such Act; and'';
(3) in section 11(1), by striking out ``or'' after
``Transportation'' and inserting in lieu thereof a comma, and
by inserting after ``Affairs,'' the following: ``or the Social
Security Board,''; and
(4) in section 11(2), by striking out ``or'' after
``Transportation'', and by inserting after ``Veterans'
Administration,'' the following: ``or the Social Security
Administration,''.
SEC. 204. RULES OF CONSTRUCTION.
(a) References to the Department of Health and Human Services.--
Whenever any reference is made in any provision of law (other than this
Act or a provision of law amended by this Act), regulation, rule,
record, or document to the Department of Health and Human Services with
respect 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, 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
Act or a provision of law amended by this Act), regulation, rule,
record, or document to the Secretary of Health and Human Services with
respect to such Secretary's functions under such programs, such
reference shall be considered a reference to the Social Security Board.
(c) References to Other Officers and Employees.--Whenever any
reference is made in any provision of law (other than this Act or a
provision of law amended by this Act), regulation, rule, record, or
document to any other officer or employee of the Department of Health
and Human Services with respect to such officer or employee's functions
under such programs, such reference shall be considered a reference to
the appropriate officer or employee of the Social Security
Administration.
TITLE III--EFFECTIVE DATES AND TRANSITIONAL RULES
SEC. 301. EFFECTIVE DATES.
(a) Amendments in Title I.--(1) Sections 101, 102(a), 103, and 104
of this Act shall take effect 180 days after the date of the enactment
of this Act.
(2) Section 102(b) of this Act shall take effect on the date of the
enactment of this Act.
(b) Amendments in Title II.--Title II of this Act shall take effect
180 days after the date of the enactment of this Act, except that
subsections (f)(1), (f)(2), (f)(3), (f)(4), and (k) of section 206
shall take effect on the date of the enactment of this Act.
SEC. 302. TRANSITIONAL RULES.
(a) Interim Authority for Appointment and Compensation.--At any
time after the date of the enactment of this Act--
(1) any of the officers provided for in section 702 of the
Social Security Act (as amended by title I of this Act) may be
nominated and appointed, as provided in such section, and
(2) the Social Security Board, upon nomination and
appointment of all of the members thereof, may prescribe
regulations providing for the orderly transfer of proceedings
before the Secretary of Health and Human Services to the Social
Security Board.
Funds available to any official or component of the Department of
Health and Human Services, functions of which are transferred to the
Social Security Board or the Social Security Administration by this
Act, 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
appointed pursuant to this section until such time as funds for that
purpose are otherwise available.
(b) Continuation of Orders, Determinations, Rules, Regulations,
Etc.--All orders, determinations, rules, regulations, permits,
contracts, 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 his delegate), and (B) which relate to functions
which, by reason of this Act, the amendments made thereby, and
regulations prescribed thereunder, are vested in the Social
Security Board, and
(2) which are in effect immediately before the effective
date specified in section 301(a)(1),
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 Board.
(c) Continuation of Proceedings.--The provisions of this Act
(including the amendments made thereby) shall not affect any proceeding
pending at the time this Act takes effect before the Secretary of
Health and Human Services with respect to functions vested (by reason
of this Act, the amendments made thereby, and regulations prescribed
thereunder) in the Social Security Board, except that such proceedings,
to the extent that they relate to such functions, shall continue before
such Board. 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 Act had not been enacted, and orders issued in
any such proceeding shall continue in effect until modified,
terminated, superseded, or repealed by such Board, 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 Act shall not affect suits
commenced prior to the effective date specified in section
301(a)(1); and
(2) in all such suits proceedings shall be had, appeals
taken, and judgments rendered, in the same manner and effect as
if this Act had not been enacted.
No cause of action, and no suit, action, or other proceeding commenced
by or against any officer in his official capacity as an officer of the
Department of Health and Human Services, shall abate by reason of the
enactment of this Act. Causes of action, suits, actions, or other
proceedings may be asserted by or against the United States and the
Social Security Administration, or such official of such Administration
as may be appropriate, and, in any litigation pending when this section
takes effect, the court may at any time, on its own motion 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 Act shall not have the effect
of releasing or extinguishing any criminal prosecution, penalty,
forfeiture, or liability incurred as a result of any function which (by
reason of this Act, the amendments made thereby, and regulations
prescribed thereunder) is vested in the Social Security Board.
(f) Judicial Review.--Orders and actions of the Social Security
Board in the exercise of functions vested in such Board under this Act
(and the amendments made thereby) shall be subject to judicial review
to the same extent and in the same manner as if such orders and actions
had been taken by the Secretary of Health and Human Services in the
exercise of such functions immediately preceding the effective date of
this Act. Any statutory requirements relating to notice, hearings,
action upon the record, or administrative review that apply to any
function so vested in such Board shall continue to apply to the
exercise of such function by such Board.
(g) Exercise of Functions.--In the exercise of the functions vested
in the Social Security Board under this Act, the amendments made
thereby, and regulations prescribed thereunder, such Board 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 Board, and actions of
such Board shall have the same force and effect as when exercised by
such Secretary.
(h) Operation of Transitional Rules in the Event of Interim
Authority in the Commissioner.--For purposes of this section, in any
case in which the powers and duties to be transferred to the Social
Security Board are transferred to the Commissioner of Social Security
(or acting Commissioner) in the Department of Health and Human Services
for an interim period pursuant to section 102(b) of this Act, the
preceding provisions of this section shall apply with respect to the
transfer of such powers and duties to and from such Commissioner (or
acting Commissioner) pursuant to such section in the same manner and to
the same extent as they would have applied to a direct transfer from
the Secretary of Health and Human Services to the Social Security Board
if all initial appointments to such Board had been made.
<all>
HR 623 IH----2
HR 623 IH----3
HR 623 IH----4
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Social Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line