< Back to H.R. 1864 (103rd Congress, 1993–1994)

Text of the Social Security Integrity Act of 1993

This bill was introduced on April 27, 1993, in a previous session of Congress, but was not enacted. The text of the bill below is as of Apr 27, 1993 (Introduced).

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HR 1864 IH

103d CONGRESS

1st Session

H. R. 1864

To establish the Social Security Administration as an independent agency.

IN THE HOUSE OF REPRESENTATIVES

April 27, 1993

Mr. BUNNING (for himself, Mr. HASTERT, Mr. WISE, Mr. SMITH of New Jersey, Mr. MCHUGH, Mr. SHAW, Mr. HANCOCK, Mr. BALLENGER, Mr. FAWELL, Mr. SPENCE, Mr. BOEHNER, Mr. SENSENBRENNER, Mr. GINGRICH, Mr. SOLOMON, Mrs. FOWLER, and Mr. MOLLOHAN) introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To establish the Social Security Administration as an independent agency.

    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 Integrity Act of 1993’.

TABLE OF CONTENTS

      Sec. 1. Short title and table of contents.

      Sec. 2. Declaration of purposes.

TITLE I--ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION AS AN INDEPENDENT AGENCY

      Sec. 101. Establishment of the Social Security Administration as a separate, independent agency; responsibilities of the agency.

      Sec. 102. Administrator; Deputy Administrator; other officers.

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

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

      Sec. 105. Transitional rules.

      Sec. 106. Effective dates.

TITLE II--CONFORMING AMENDMENTS AND RULES OF CONSTRUCTION

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

      Sec. 202. Other conforming amendments.

      Sec. 203. Rules of construction.

      Sec. 204. Effective dates.

SEC. 2. DECLARATION OF PURPOSES.

    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 an Administrator as head of the Social Security Administration and define the powers and duties of such Administrator;

      (4) to establish a Social Security Advisory Board in the Administration; and

      (5) to provide for delegating major authorities to the Administrator.

TITLE I--ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION AS AN INDEPENDENT AGENCY

SEC. 101. ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION AS A SEPARATE, INDEPENDENT AGENCY; RESPONSIBILITIES OF THE AGENCY.

    Section 701 of the Social Security Act (42 U.S.C. 901) 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. ADMINISTRATOR OF THE SOCIAL SECURITY ADMINISTRATION AND OTHER OFFICERS.

    (a) IN GENERAL- Section 702 (42 U.S.C. 902) is amended to read as follows:

‘ADMINISTRATOR AND OTHER OFFICERS

‘Administrator

    ‘SEC. 702. (a)(1) There shall be in the Administration an Administrator who shall be appointed by the President, with the advice and consent of the Senate.

    ‘(2) The Administrator shall be compensated at the rate provided for level I of the Executive Schedule.

    ‘(3) The Administrator shall be appointed for a term of 4 years, coincident with the term of the President or until the appointment of a qualified successor, and shall be removable only for cause. The Administrator may be appointed for additional terms.

    ‘(4) The Administrator shall be selected on the basis of proven competence as a manager.

    ‘(5) The Administrator 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.

    ‘(6) The Administrator may prescribe such rules and regulations as the Administrator determines necessary or appropriate to carry out the functions of the Administration. The regulations prescribed by the Administrator shall be subject to the rulemaking procedures established under section 553 of title 5, United States Code.

    ‘(7) The Administrator may establish, alter, consolidate, or discontinue such organizational units or components within the Administration as the Administrator considers necessary or appropriate, except that this paragraph shall not apply with respect to any unit, component, or provision provided for by this Act.

    ‘(8) The Administrator 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 Administrator 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 Administrator.

    ‘(9) The Administrator and the Secretary shall consult, on an ongoing basis, to ensure--

      ‘(A) the coordination of the programs administered by the Administrator, 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 shall be available to the public.

    ‘(10) The Administrator shall study and make recommendations as to the most effective methods of providing economic security through social insurance.

‘Deputy Administrator of Social Security

    ‘(b)(1) There shall be in the Administration a Deputy Administrator of Social Security who shall be appointed by the President, with the advice and consent of the Senate.

    ‘(2) The Deputy Administrator shall be appointed for a term of 4 years coincident with the term of the Administrator, or until the appointment of a qualified successor.

    ‘(3) The Deputy Administrator shall be compensated at the rate provided for level II of the Executive Schedule.

    ‘(4) The Deputy Administrator shall perform such duties and exercise such powers as the Administrator shall from time to time assign or delegate. The Deputy Administrator shall be Acting Administrator of the Administration during the absence or disability of the Administrator and, unless the President designates another officer of the Government as Acting Administrator, in the event of a vacancy in the office of the Administrator.

‘General Counsel

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

    ‘(2) The General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule.

‘Inspector General

    ‘(d)(1) 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.

    ‘(2) The Inspector General shall be compensated at the rate provided for level IV of the Executive Schedule.

‘Chief Administrative Law Judge

    ‘(e)(1) There shall be in the Administration an Office of the Chief Administrative Law Judge, who shall be appointed by the Administrator. The duty of the Chief Administrative Law Judge shall be to administer the affairs of the administrative law judges serving in the Administration in a manner so as to ensure that hearings and other business are conducted by the administrative law judges in accordance with applicable law and regulations.

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

    (b) CONFORMING AMENDMENTS RELATING TO COMPOSITION OF BOARD OF TRUSTEES OF OASDI TRUST FUNDS- Section 201(c) of such Act (42 U.S.C. 401(c)) is amended--

      (1) in the first sentence, by striking ‘shall be composed of’ and all that follows down through ‘ex officio’ and inserting the following: ‘shall be composed of the Administrator of the Social Security Administration, the Secretary of Health and Human Services, and the Secretary of the Treasury, all ex officio’;

      (2) by inserting after the first sentence the following new sentence: ‘The Administrator of the Social Security Administration shall be the Chairperson of the Board of Trustees.’; and

      (3) by striking ‘The Commissioner of Social Security shall serve as Secretary of the Board of Trustees.’.

SEC. 103. SOCIAL SECURITY ADVISORY BOARD.

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

‘SOCIAL SECURITY ADVISORY BOARD

‘Establishment of Board

    ‘SEC. 703. (a) There shall be established a Social Security Advisory Board (hereinafter referred to as the ‘Board’).

‘Functions of the Board

    ‘(b) The Board shall advise the Administrator on policies related to the old-age, survivors, and disability insurance program under title II, the supplemental security income program under title XVI, and on operations in the Administration. Specific functions of the Board shall include--

      ‘(1) studying and making recommendations as to the most effective methods of providing economic security through Federal old-age, survivors, and disability insurance benefits under title II and supplemental security income benefits under title XVI;

      ‘(2) studying and making recommendations relating to the coordination of other programs that provide economic and health security with programs described in paragraph (1);

      ‘(3) making an independent assessment of the annual report issued by the Board of Trustees, as described in section 201, and issuing a report to the President and to the Congress summarizing such assessment;

      ‘(4) making recommendations to the President of candidates to consider in selecting nominees for the position of Administrator and Deputy Administrator;

      ‘(5) reviewing and assessing the quality of service received from the Administration by beneficiaries and the general public, including among the items so reviewed and assessed the notices, outreach, and telephone access provided by the Administration;

      ‘(6) making periodic assessments of the adequacy of computer technology of the Administration for support of program operations;

      ‘(7) reviewing and assessing the progress of the Administration in developing needed improvements in the management of programs;

      ‘(8) increasing public understanding of the social security system;

      ‘(9) in consultation with the Administrator, reviewing the development and implementation of a long-range research and program evaluation plan for the Administration;

      ‘(10) reviewing and assessing any major studies of social security as may come to the attention of the Board;

      ‘(11) on its own initiative, or as requested by the President, the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate, reviewing and assessing major legislative proposals regarding social security, including an assessment of the administrative feasibility and probable operational consequences of those proposals; and

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

‘Structure and Membership of the Board

    ‘(c) The Board shall be composed of 7 members who shall be appointed as follows:

      ‘(1) 3 members shall be appointed by the President, with the advice and consent of the Senate. Not more than 2 of such members shall be from the same political party.

      ‘(2) 2 members (each member from a different political party) shall be appointed by the Speaker of the House of Representatives, with the advice of the Chairman and the Ranking Minority Member of the Committee on Ways and Means of the House of Representatives.

      ‘(3) 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 Committee on Finance of the Senate.

‘Terms of Appointment

    ‘(d) Each member of the Board shall serve for a term of 6 years, except that--

      ‘(1) a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and

      ‘(2) the terms of service of the members initially appointed under this section shall expire as follows:

        ‘(A) of the terms of service of the members initially appointed by the President--

          ‘(i) 1 term shall expire June 30, 1996;

          ‘(ii) 1 term shall expire June 30, 1998; and

          ‘(iii) 1 term shall expire June 30, 2000;

        as designated by the President at the time of nomination;

        ‘(B) Of the terms of service of members initially appointed by the Speaker of the House of Representatives--

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

          ‘(ii) 1 term shall expire June 30, 1999;

        as designated by the Speaker of the House of Representatives at the time of nomination; and

        ‘(C) Of the terms of service of members initially appointed by the President pro tempore of the Senate--

          ‘(i) 1 term shall expire June 30, 1998; and

          ‘(ii) 1 term shall expire June 30, 2000;

        as designated by the President pro tempore of the Senate at the time of nomination.

‘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.

‘Compensation

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

      ‘(1) Members shall be paid at a rate equal to 25 percent of the rate for level III of the Executive Schedule.

      ‘(2) For days when the Board or any authorized subcommittee of the Board meets, members who attend meetings on such days shall receive additional compensation in an amount equal to the daily equivalent of the rate for level III of the Executive Schedule.

      ‘(3) Service on the Board shall not be treated as Federal service or employment for purposes of receiving any benefits under chapters 83, 84, and 87 of title 5, United States Code.

‘Meetings

    ‘(g) The Board shall meet not less than 6 times each year to consider a specific agenda of issues, as determined by the Chairman in consultation with the other members of the Board.

‘Federal Advisory Committee Act

    ‘(h) The Board shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.).

‘Personnel

    ‘(i)(1) The Board shall, without regard to title 5, United States Code, appoint a Staff Director who shall be paid at a rate equivalent to a rate for the Senior Executive Service.

    ‘(2) The Board is authorized, without regard to title 5, United States Code, to appoint and fix the compensation of such additional personnel as the Board determines to be necessary to carry out the functions of the Board.

    ‘(3) In fixing the compensation of additional personnel under paragraph (2), the Board shall not authorize that any individual appointed under such paragraph be compensated at a rate that is greater than the rate of compensation of the Staff Director described in paragraph (1).

‘Authorization of Appropriation

    ‘(j) There are authorized to be made available for expenditure, 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 the Congress may deem appropriate to carry out the purposes of this section.’.

SEC. 104. PERSONNEL; BUDGETARY MATTERS; FACILITIES; AND PROCUREMENT; SEAL OF OFFICE.

    Title VII of the Social Security Act is amended by redesignating sections 704 through 711 (42 U.S.C. 904-911) as sections 705 through 712, respectively, and by inserting after section 703 (42 U.S.C. 903) the following new section:

‘ADMINISTRATIVE DUTIES OF THE ADMINISTRATOR

‘Personnel

    ‘SEC. 704. (a)(1) The Administrator shall appoint such additional officers and employees as the Administrator considers necessary to carry out the Administrator’s 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 Administrator may procure the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code.

    ‘(3) Notwithstanding 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--

      ‘(A) shall be specified in the comprehensive workforce plan established and revised by the Administrator under subsection (b)(1), and

      ‘(B) shall not be less 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 Integrity Act of 1993.

‘Budgetary Matters

    ‘(b)(1) Appropriations requests for staffing and personnel of the Administration shall be based upon a comprehensive workforce plan, which shall be established and revised from time to time by the Administrator. 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) The authority of the Administration for facilities construction, and any authority of the Administration for automated data processing procurement which is delegated thereto, shall be provided in the form of contract authority covering the total costs thereof, 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 Administrator, 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 Administrator and reported to each House of the Congress.

‘Seal of Office

    ‘(c) The Administrator shall cause a seal of office to be made for the Administration of such design as the Administrator shall approve. Judicial notice shall be taken of such seal.’.

SEC. 105. 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 Administrator of the Social Security Administration shall allocate such functions in accordance with sections 701, 702, 703, and 704 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 Administrator in the Social Security Administration--

      (A) the personnel (other than administrative law judges) employed in connection with the functions transferred by this Act and the amendments made thereby, as considered appropriate by the Administrator in consultation with the Secretary of Health and Human Services,

      (B) such number of administrative law judges as are necessary to carry out the functions transferred by this Act and the amendments made thereby, as determined by the Administrator in consultation with the Secretary of Health and Human Services, and

      (C) 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 entry upon office of the initial Administrator of the Social Security Administration 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.

SEC. 106. TRANSITIONAL RULES.

    (a) INTERIM AUTHORITY FOR APPOINTMENT AND COMPENSATION- At any time on or 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 this Act) may enter upon office, as provided in such section, and

      (2) the Administrator of the Social Security Administration, upon entry upon office, may prescribe regulations providing for the orderly transfer of proceedings before the Secretary of Health and Human Services to the Administrator.

    Funds available to any official or component of the Department of Health and Human Services, functions of which are transferred to the Administrator 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 entering upon office 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, 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 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 Administrator, and

      (2) which are in effect immediately before July 1, 1994,

    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, in accordance with law, by such Administrator, 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 Act (including the amendments made thereby) shall not affect any proceeding pending before the Secretary of Health and Human Services immediately before July 1, 1994, with respect to functions vested (by reason of this Act, the amendments made thereby, and regulations prescribed thereunder) in the Administrator, except that such proceedings, to the extent that they relate to such functions, shall continue before the Administrator. 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 the Administrator, 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 July 1, 1994; 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 immediately before July 1, 1994, 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 Administrator.

    (f) JUDICIAL REVIEW- Orders and actions of the Administrator in the exercise of functions vested in the Administrator 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 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 July 1, 1994. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function so vested in the Administrator shall continue to apply to the exercise of such function by the Administrator.

    (g) EXERCISE OF FUNCTIONS- In the exercise of the functions vested in the Administrator under this Act, the amendments made thereby, and regulations prescribed thereunder, the Administrator 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 the Administrator, and actions of the Administrator shall have the same force and effect as when exercised by such Secretary.

    (h) REPORT- Within 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services and the Comptroller General of the United States shall each advise the chairmen and ranking minority members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the status of the transition to an independent Social Security Administration, including information as to timeliness in filling appointments, cooperation encountered in relationships with the Department of Health and Human Services and other agencies, and any technical problems resulting from the provisions of, and amendments made by, this title.

SEC. 107. EFFECTIVE DATES.

    (a) IN GENERAL- Sections 101, 102(a), 103, 104, and 105 of this Act shall take effect July 1, 1994.

    (b) EXCEPTIONS- Section 102(b) of this Act shall take effect upon the entry into office of the initial Administrator of the Social Security Administration. Section 106 of this Act shall take effect on the date of the enactment of this Act.

    (c) NEW SPENDING AUTHORITY- Any new spending authority provided by this title shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.

TITLE II--CONFORMING AMENDMENTS AND RULES OF CONSTRUCTION

SEC. 201. AMENDMENTS TO TITLES II AND XVI OF THE SOCIAL SECURITY ACT.

    (a) IN GENERAL- Title II of the Social Security Act (other than section 201, section 218(d), section 226, section 226A, and section 231(c)) and title XVI of such Act (other than section 1614(f)(2)(B) and section 1616(e)(3)) are each amended--

      (1) by striking, wherever it appears therein, ‘Secretary of Health and Human Services’ and inserting ‘Administrator of the Social Security Administration’;

      (2) by striking, wherever it appears therein, ‘Department of Health and Human Services’ and inserting ‘Social Security Administration’;

      (3) by striking, 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 ‘Administration’;

      (4) by striking, wherever it appears therein, the words ‘Secretary’ and ‘Secretary’s’ (but, in the case of either such word only if such word refers to the Secretary of Health and Human Services) and inserting (in the case of the word ‘Secretary’) ‘Administrator’ and (in the case of the word ‘Secretary’s’) ‘Administrator’s’; and

      (5) by striking, wherever it appears therein, ‘Internal Revenue Code of 1954’ and inserting ‘Internal Revenue Code of 1986’.

    (b) AMENDMENTS TO SECTION 218- Section 218(d) of such Act (42 U.S.C. 418(d)) is amended by striking ‘Secretary’ each place it appears in paragraphs (3) and (7) and inserting ‘Administrator’.

    (c) AMENDMENTS TO SECTION 222- Section 222(d) of such Act (42 U.S.C. 422(d)) is amended--

      (1) in the last sentence of paragraph (1), by striking ‘Commissioner of Social Security’ and inserting ‘Administrator of the Social Security Administration’; and

      (2) in the first sentence of paragraph (2), by striking ‘Commissioner of Social Security’ and inserting ‘Administrator of the Social Security Administration’.

    (d) AMENDMENT TO SECTION 231- Section 231(c) of such Act (42 U.S.C. 431(c)) is amended by striking ‘Secretary determines’ and inserting ‘Administrator and the Secretary jointly determine’.

    (e) AMENDMENT TO SECTION 1615- Section 1615(d) of such Act (422 U.S.C. 1832d(d)) is amended by striking ‘Commissioner of Social Security’ and inserting ‘Administrator of the Social Security Administration’.

SEC. 202. OTHER CONFORMING AMENDMENTS.

    Title VII of the Social Security Act is amended--

      (1) by striking section 705 (as redesignated by section 104(a) of this Act) (42 U.S.C. 904) and inserting the following new section:

‘REPORTS

    ‘SEC. 705. The Secretary and the Administrator 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 Administrator 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) in section 710(b)(2) (as redesignated by section 104(a) of this Act) (42 U.S.C. 910(b)(2)), by striking ‘(as estimated by the Secretary)’ and inserting ‘, as estimated by the Administrator or the Secretary (whichever administers the program involved),’; and

      (3) by adding at the end the following new section:

‘DUTIES AND AUTHORITY OF SECRETARY

    ‘SEC. 713. (a) 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.

    ‘(b) The Secretary is authorized to appoint and fix the compensation of such officers and employees, and to make such expenditures, as may be necessary for carrying out the Secretary’s functions under this Act. Appointments of attorneys and experts may be made without regard to the civil service laws.’.

SEC. 203. RULES OF CONSTRUCTION.

    (a) REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES- Whenever any reference is made in any provision of law (other than this Act or a provision of law amended by this Act), regulation, rule, record, court order, or other 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, 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, court order, or other 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, such reference shall be considered a reference to the Administrator of the Social Security Administration.

    (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’s 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, such reference shall be considered a reference to the appropriate officer or employee of the Social Security Administration.

SEC. 204. EFFECTIVE DATES.

    (a) IN GENERAL- The preceding provisions of this title shall take effect July 1, 1994.

    (b) NEW SPENDING AUTHORITY- Any new spending authority provided by this title shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.