[Congressional Bills 103th Congress]
[From the U.S. Government Publishing 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,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (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:
Sec. 1. Short title and table of contents.

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

Sec. 101. Establishment of Social Security Administration as an 
          independentP agency.
Sec. 102. Commissioner and Deputy Commissioner; other officers.
Sec. 103. Social Security Advisory Board.
Sec. 104. Personnel; budgetary matters; seal of office.
Sec. 105. Transfers to the new Social Security Administration.
Sec. 106. Transition rules.
Sec. 107. Conforming amendments to titles II and XVI of the Social 
          Security Act.
Sec. 108. Additional conforming amendments.
Sec. 109. Rules of construction.
Sec. 110. Effective dates.

        TITLE II--PROGRAM IMPROVEMENTS RELATING TO OASDI AND SSI

Sec. 201. Restrictions on payment of benefits based on disability to 
          substance abusers.
Sec. 202. Commission on childhood disability.
Sec. 203. Regulations regarding completion of plans for achieving self-
          support.
Sec. 204. SSI eligibility for students temporarily abroad.
Sec. 205. Disregard of cost-of-living increases for continued 
          eligibility for work incentives.
Sec. 206. Expansion of the authority of the Social Security 
          Administration to prevent, detect, and terminate fraudulent 
          claims for OASDI and SSI benefits.
Sec. 207. Disability review required for SSI recipients who are 18 years 
          of age.
Sec. 208. Continuing disability reviews.
Sec. 209. Exemption from adjustment in pass-along requirements.

              TITLE III--MISCELLANEOUS PROGRAM IMPROVEMENTS

Sec. 301. Issuance of physical documents in the form of bonds, notes, or 
          certificates to the social security trust funds.
Sec. 302. GAO study regarding telephone access to local offices of the 
          Social Security Administration.
Sec. 303. Expansion of State option to exclude service of election 
          officials or election workers from coverage.
Sec. 304. Use of social security numbers by States and local governments 
          and Federal district courts for jury selection purposes.
Sec. 305. Authorization for all States to extend coverage to State and 
          local police officers and firefighters under existing coverage 
          agreements.
Sec. 306. Limited exemption for Canadian ministers from certain self-
          employment tax liability.
Sec. 307. Exclusion of totalization benefits from the application of the 
          windfall elimination provision.
Sec. 308. Exclusion of military reservists from application of the 
          government pension offset and windfall elimination provisions.
Sec. 309. Repeal of the facility-of-payment provision.
Sec. 310. Maximum family benefits in guarantee cases.
Sec. 311. Authorization for disclosure of social security information 
          for purposes of public or private epidemiological and similar 
          research.
Sec. 312. Misuse of symbols, emblems, or names in reference to Social 
          Security Administration, Department of Health and Human 
          Services, or Department of the Treasury.
Sec. 313. Increased penalties for unauthorized disclosure of social 
          security information.
Sec. 314. Increase in authorized period for extension of time to file 
          annual earnings report.
Sec. 315. Extension of disability insurance program demonstration 
          project authority.
Sec. 316. Cross-matching of social security account number information 
          and employer identification number information maintained by 
          the Department of Agriculture.
Sec. 317. Certain transfers to railroad retirement account made 
          permanent.
Sec. 318. Authorization for use of social security account numbers by 
          Department of Labor in administration of Federal workers' 
          compensation laws.
Sec. 319. Coverage under FICA of Federal employees transferred 
          temporarily to international organizations.
Sec. 320. Extension of the FICA tax exemption and certain tax rules to 
          individuals who enter the United States under a visa issued 
          under section 101 of the Immigration and Nationality Act.
Sec. 321. Technical and clerical amendments.

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

    SEC. 101. ESTABLISHMENT OF SOCIAL SECURITY ADMINISTRATION AS AN 
      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.
    SEC. 102. COMMISSIONER AND DEPUTY COMMISSIONER; OTHER OFFICERS.
    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.''.

SEC. 103. SOCIAL SECURITY ADVISORY BOARD.

    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.''.

SEC. 104. PERSONNEL; BUDGETARY MATTERS; SEAL OF OFFICE.

    (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.
    SEC. 105. TRANSFERS TO THE NEW SOCIAL SECURITY ADMINISTRATION.
    (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.

SEC. 106. TRANSITION RULES.

    (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.
    SEC. 107. CONFORMING AMENDMENTS TO TITLES II AND XVI OF THE SOCIAL 
      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''.

SEC. 108. ADDITIONAL CONFORMING AMENDMENTS.

    (a) Amendments to Title VII.--
        (1) Title VII of the Social Security Act (42 U.S.C. 901 et 
    seq.) is amended by adding at the end the following new section:


                   ``DUTIES AND AUTHORITY OF SECRETARY

    ``Sec. 712. The Secretary shall perform the duties imposed upon the 
Secretary by this Act. 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 functions of the 
Secretary under this Act. The Secretary may appoint attorneys and 
experts without regard to the civil service laws.''.
        (2) Section 706 of such Act (42 U.S.C. 907) is repealed. This 
    paragraph shall not apply with respect to the Advisory Council for 
    Social Security appointed in 1994.
        (3) Paragraph (2) of section 709(b) of such Act (42 U.S.C. 
    910(b)) is amended by striking ``(as estimated by the Secretary)'' 
    and inserting ``(for amounts which will be paid from the Federal 
    Old-Age and Survivors Insurance Trust Fund and the Federal 
    Disability Insurance Trust Fund, as estimated by the Commissioner, 
    and for amounts which will be paid from the Federal Hospital 
    Insurance Trust and the Federal Supplementary Medical Insurance 
    Trust Fund, as estimated by the Secretary)''.
    (b) Amendments to Title XI.--
        (1) Section 1101(a) of such Act (42 U.S.C. 1301(a)) isP amended 
    by adding at the end the following new paragraph:
        ``(10) The term `Administration' means the Social Security 
    Administration, except where the context requires otherwise.''.
        (2) Section 1106(a) of such Act (42 U.S.C. 1306(a)) isP 
    amended--
            (A) by inserting ``(1)'' after ``(a)'';
            (B) by striking ``Department of Health and Human Services'' 
        each place it appears and inserting ``applicable agency'';
            (C) by striking ``Secretary'' each place it appears and 
        inserting ``head of the applicable agency''; and
            (D) by adding at the end the following new paragraph:
    ``(2) For purposes of this subsection and subsection (b), the term 
`applicable agency' means--
        ``(A) the Social Security Administration, with respect to 
    matter transmitted to or obtained by such Administration or matter 
    disclosed by such 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 (42 U.S.C. 1306(b)) isP 
    amended--
            (A) by striking ``Secretary'' each place it appears and 
        inserting ``head of the applicable agency''; and
            (B) by striking ``Department of Health and Human Services'' 
        and inserting ``applicable agency''.
        (4) Section 1106(c) of such Act (42 U.S.C. 1306(c)) isP 
    amended--
            (A) by striking ``the Secretary'' the first place it 
        appears and inserting ``the Commissioner of Social Security or 
        the Secretary''; and
            (B) by striking ``the Secretary'' each subsequent place it 
        appears and inserting ``such Commissioner or Secretary''.
        (5) Section 1106(d) of such Act (added by section 311 of this 
    Act) is amended--
            (A) by striking ``Secretary'' the first place it appears 
        and inserting ``Commissioner of Social Security'';
            (B) by striking ``Secretary'' the second place it appears 
        and inserting ``Commissioner'';
            (C) by striking ``Secretary'' the third place it appears 
        and inserting ``Commissioner in consultation with the Secretary 
        of Health and Human Services''; and
            (D) by striking ``Secretary'' each subsequent place it 
        appears and inserting ``Commissioner''.
        (6) Section 1107(b) of such Act (42 U.S.C. 1307(b)) isP amended 
    by striking ``the Secretary of Health and Human Services'' and 
    inserting ``the Commissioner of Social Security or the Secretary''.
        (7) Section 1110 of such Act (42 U.S.C. 1310) is amended--
            (A) by striking ``he'', ``his'', and ``him'' each place 
        they appear (except in subsection (b)(2)(A)) and inserting 
        ``the Commissioner'', ``the Commissioner's'', and ``the 
        Commissioner'', respectively;
            (B) in subsection (a)(2), by inserting ``(or the 
        Commissioner, with respect to any jointly financed cooperative 
        agreement or grant concerning titles II or XVI)'' after 
        ``Secretary'';
            (C) in subsection (b)(1)--
                (i) by striking ``Secretary'' each place it appears in 
            the first two sentences and inserting ``Commissioner'';
                (ii) by striking in the third sentence ``determined by 
            the Secretary,'' and inserting ``determined by the 
            Commissioner with respect to the old-age, survivors, and 
            disability insurance programs under title II and the 
            supplemental security income program under title XVI, and 
            by the Secretary with respect to other titles of this 
            Act,''; and
                (iii) by striking the fourth sentence and inserting the 
            following new sentences: ``If, in order to carry out a 
            project under this subsection, the Commissioner requests a 
            State to make supplementary payments (or the Commissioner 
            makes them pursuant to an agreement under section 1616) to 
            individuals who are not eligible therefor, or in amounts or 
            under circumstances in which the State does not make such 
            payments, the Commissioner shall reimburse such State for 
            the non-Federal share of such payments from amounts 
            appropriated to carry out title XVI. If, in order to carry 
            out a project under this subsection, the Secretary requests 
            a State to provide medical assistance under its plan 
            approved under title XIX to individuals who are not 
            eligible therefor, or in amounts or under circumstances in 
            which the State does not provide such medical assistance, 
            the Secretary shall reimburse such State for the non-
            Federal share of such assistance from amounts appropriated 
            to carry out title XVI, which shall be provided by the 
            Commissioner to the Secretary for this purpose.'';
            (D) in subsection (b)(2), by striking ``Secretary'' each 
        place it appears and inserting ``Commissioner''; and
            (E) in subsection (b), by striking paragraph (3).
        (8) Subsections (b) and (c) of section 1127 of such Act (42 
    U.S.C. 1320a-6) are each amended by striking ``Secretary'' and 
    inserting ``Commissioner of Social Security''.
        (9) Section 1128(f) of such Act (42 U.S.C. 1320a-7(f)) is 
    amended--
            (A) in paragraph (1), by inserting after ``section 205(g)'' 
        the following: ``, except that, in so applying such sections 
        and section 205(l), any reference therein to the Commissioner 
        of Social Security or the Social Security Administration shall 
        be considered a reference to the Secretary or the Department of 
        Health and Human Services, respectively'', and
            (B) in paragraph (3), by inserting after ``title II'' the 
        following: ``, except that, in so applying such section and 
        section 205(l), any reference therein to the Commissioner of 
        Social Security shall be considered a reference to the 
        Secretary''.
        (10)(A) Section 1129 of such Act (added by section 206(b) of 
    this Act) is amended--
            (i) by striking ``Secretary'' each place it appears and 
        inserting ``Commissioner of Social Security'';
            (ii) in subsection (a)(1)--
                (I) by striking ``exclude, as provided in section 
            1128,'' and inserting ``recommend that the Secretary 
            exclude, as provided in section 1128,''; and
                (II) by striking ``and to direct'' and all that follows 
            through ``determines'';
            (iii) in subsection (g)--
                (I) by striking ``Secretary's'' and inserting 
            ``Commissioner's''; and
                (II) by striking ``the provisions'' and all that 
            follows and inserting the following: ``the Commissioner 
            shall notify the Secretary of the final determination and 
            the reasons therefor, and the Secretary shall then notify 
            the entities described in section 1128A(h) of such final 
            determination.'';
            (iv) in subsection (k), by inserting ``based on a 
        recommendation under subsection (a)'' after ``section 1128''; 
        and
            (v) in subsection (l) (added by section 206(e)(1)), by 
        striking ``Department of Health and Human Services'' and 
        inserting ``Social Security Administration''.
        (B) Section 206(g) of this Act is amended--
            (i) by striking ``Secretary of Health and Human Services'' 
        and inserting ``Commissioner of Social Security''; and
            (ii) by striking ``Secretary has exercised'' and inserting 
        ``Commissioner has exercised''.
        (11) Section 1131 of such Act (42 U.S.C. 1320b-1) isP amended--
            (A) by striking ``Secretary'' each place it appears and 
        inserting ``Commissioner of Social Security'';
            (B) in subsection (a)(1)(A), by adding ``or'' at the end;
            (C) in subsection (a)(1)(B), by striking ``or'' at the end;
            (D) by striking subsection (a)(1)(C);
            (E) by redesignating subsection (a)(2) as 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) in the matter in subsection (a) following paragraph (3) 
        (as so redesignated), by striking ``he'' and inserting ``the 
        Commissioner of Social Security'', by striking ``paragraph 
        (1)'' and inserting ``paragraph (1) or (2)'', by striking 
        ``paragraph (2)'' and inserting ``paragraph (3)'', and by 
        striking ``paragraph (1) or (2)(A)'' and inserting ``paragraph 
        (1), (2), or (3)(A)''.
        (12) Section 1140 of such Act (42 U.S.C. 1320b-10) (as amended 
    by section 312 of this Act) is amended--
            (A) in subsection (a)(2)--
                (i) by inserting ``(A)'' after ``(2)'';
                (ii) by striking ``or of the Department of Health and 
            Human Services'';
                (iii) by striking ``which the Secretary shall 
            prescribe'' and inserting ``which the Commissioner of 
            Social Security shall prescribe''; and
                (iv) by adding at the end the following new 
            subparagraph:
    ``(B) No person may, for a fee, reproduce, reprint, or distribute 
any item consisting of a form, application, or other publication 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) in subsection (b), by striking ``the Secretary'' and 
        inserting ``the Commissioner or the Secretary (as 
        applicable)'';
            (C) in subsection (c)(2), by striking ``the Secretary'' 
        each place it appears and inserting ``the Commissioner or the 
        Secretary (as applicable)''; and
            (D) in subsection (d), by striking ``the Office of 
        Inspector General of the Department of Health and Human 
        Services'' and inserting ``the Office of the Inspector General 
        of the Social Security Administration or the Office of the 
        Inspector General of the Department of Health and Human 
        Services (as appropriate)''.
        (13) Section 1141 of such Act (42 U.S.C. 1320b-11) is amended--
            (A) by striking ``Secretary'' each place it appears and 
        inserting ``Commissioner of Social Security'';
            (B) by striking ``Secretary's'' each place it appears and 
        inserting ``Commissioner's'';
            (C) in the first sentence of subsection (a), by striking 
        ``under the direction of the Commissioner of Social 
        Security,''; and
            (D) in subsection (d)(6), by striking ``Department of 
        Health Services and inserting ``Social Security 
        Administration''.
        (14) Section 1155 of such Act (42 U.S.C. 1320c-4) is amended by 
    striking ``(to the same extent as is provided in section 205(b))'' 
    and all that follows and inserting ``(to the same extent as 
    beneficiaries under title II are entitled to a hearing by the 
    Commissioner of Social Security under section 205(b)). For purposes 
    of the preceding sentence, subsection (l) of section 205 shall 
    apply, except that any reference in such subsection to the 
    Commissioner of Social Security or the Social Security 
    Administration shall be deemed a reference to the Secretary or the 
    Department of Health and Human Services, respectively. Where the 
    amount in controversy is $2,000 or more, such beneficiary shall be 
    entitled to judicial review of any final decision relating to a 
    reconsideration described in this subsection.''.
    (c) Amendments to Title XVIII.--
        (1) Section 1817 of such Act (42 U.S.C. 1395i) is amended--
            (A) in subsection (a), by striking ``Secretary of Health 
        and Human Services'' each place it appears and inserting 
        ``Commissioner of Social Security'';
            (B) in subsection (b), by inserting ``the Commissioner of 
        Social Security,'' before ``the Secretary of the Treasury''; 
        and
            (C) in subsection (f), by striking ``Secretary of Health 
        and Human Services'' each place it appears and inserting 
        ``Commissioner of Social Security''.
        (2) Section 1840(a) of such Act (42 U.S.C. 1395s(a)) is 
    amended--
            (A) in paragraph (1), by striking ``Secretary'' and 
        inserting ``Commissioner of Social Security'', and by adding at 
        the end the following new sentence: ``Such regulations shall be 
        prescribed after consultation with the Secretary.''; and
            (B) in paragraph (2), by striking ``Secretary of Health and 
        Human Services'' and inserting ``Commissioner of Social 
        Security''.
        (3) Section 1841(b) of such Act (42 U.S.C. 1395t) is amended by 
    inserting ``the Commissioner of Social Security,'' before ``the 
    Secretary of the Treasury''.
        (4) Section 1872 of such Act (42 U.S.C. 1395ii) is amended by 
    inserting after ``title II'' the following: ``, except that, in 
    applying such provisions with respect to this title, any reference 
    therein to the Commissioner of Social Security or the Social 
    Security Administration shall be considered a reference to the 
    Secretary or the Department of Health and Human Services, 
    respectively''.
        (5) Sections 1866(h)(1), 1869(b)(1), and 1881(g)(3) of such Act 
    (42 U.S.C. 1395cc(h)(1), 1395ff(b)(1), 1395rr(g)(3)) are amended by 
    inserting after ``section 205(g)'' the following: ``, except that, 
    in so applying such sections and in applying section 205(l) 
    thereto, any reference therein to the Commissioner of Social 
    Security or the Social Security Administration shall be considered 
    a reference to the Secretary or the Department of Health and Human 
    Services, respectively''.
        (6) Section 1876(c)(5)(B) of such Act (42 U.S.C. 
    1395mm(c)(5)(B)) is amended by adding at the end the following: 
    ``In applying sections 205(b) and 205(g) as provided in this 
    subparagraph, and in applying section 205(l) thereto, any reference 
    therein to the Commissioner of Social Security or the Social 
    Security Administration shall be considered a reference to the 
    Secretary or the Department of Health and Human Services, 
    respectively.''.
    (d) Amendments to Title XIX.--
        (1) Section 1902(a)(10)(A)(ii)(XI) of such Act (42 U.S.C. 
    1396a(a)(10)(A)(ii)(XI)) is amended by striking ``Secretary'' and 
    inserting ``Commissioner of Social Security''.
        (2) Section 1905(j) of such Act (42 U.S.C. 1396d(j)) is amended 
    by striking ``Secretary'' and inserting ``Commissioner of Social 
    Security''.
        (3) Section 1905(q)(2) of such Act (42 U.S.C. 1396d(q)(2)) is 
    amended by striking ``Secretary'' and inserting ``Commissioner of 
    Social Security''.
        (4) Section 1910(b)(2) of such Act (42 U.S.C. 1396i(b)(2)) is 
    amended, in the first sentence, by inserting after ``section 
    205(g)'' the following: ``, except that, in so applying such 
    sections and in applying section 205(l) thereto, any reference 
    therein to the Commissioner of Social Security or the Social 
    Security Administration shall be considered a reference to the 
    Secretary or the Department of Health and Human Services, 
    respectively''.
        (5) Section 1918 of such Act (42 U.S.C. 1396q) is amended by 
    inserting after ``title II'' the following: ``, except that, in so 
    applying such subsections, and in applying section 205(l) thereto, 
    with respect to this title, any reference therein to the 
    Commissioner of Social Security or the Social Security 
    Administration shall be considered a reference to the Secretary or 
    the Department of Health and Human Services, respectively''.
    (e) Amendments to Title 5, United States Code.--Title 5, United 
States Code, is amended--
        (1) by adding at the end of section 5312 the following new 
    item:
        ``Commissioner of Social Security, Social Security 
    Administration.'';
        (2) by adding at the end of section 5313 the following new 
    item:
        ``Deputy Commissioner of Social Security, Social Security 
    Administration.'';
        (3) by adding at the end of section 5315 the following new 
    item:
        ``Inspector General, Social Security Administration.'';
        (4) by striking ``Secretary of Health, Education, and Welfare'' 
    each place it appears in section 8141 and inserting ``Commissioner 
    of Social Security''; and
        (5) by striking ``Secretary of Health and Human Services'' in 
    section 8347(m)(3) and inserting ``Commissioner of Social 
    Security''.
    (f) Amendments to Food Stamp Act of 1977.--
        (1) Sections 6(c)(3) and 8(e)(6) of the Food Stamp Act of 1977 
    (7 U.S.C. 2015(c)(3) and 2017(e)(6)) are each amended by inserting 
    ``the Commissioner of Social Security and'' before ``the Secretary 
    of Health and Human Services''.
        (2) Sections 6(g), 11(j), and 16(e) of such Act (7 U.S.C. 
    2015(g), 2020(j), and 2025(e)) are each amended by striking 
    ``Secretary of Health and Human Services'' each place it appears 
    and inserting ``Commissioner of Social Security''.
        (3) Section 11(i) of such Act (7 U.S.C. 2020(i)) is amended by 
    adding ``, the Commissioner of Social Security'' after ``the 
    Secretary''.
    (g) Amendment to Title 14, United States Code.--Section 707(e)(3) 
of title 14, United States Code, is amended by striking ``Secretary of 
Health and Human Services'' each place it appears and inserting 
``Commissioner of Social Security''.
    (h) Amendments to Internal Revenue Code of 1986.--
        (1) Subsections (c)(1), (c)(2)(E), (e)(2), (g)(1), (g)(2)(A), 
    and (g)(2)(B) of section 1402 of the Internal Revenue Code of 1986 
    are amended by striking ``Secretary of Health and Human Services'' 
    each place it appears and inserting ``Commissioner of Social 
    Security''.
        (2) Section 3121(b)(10)(B) of such Code is amended by striking 
    ``Secretary of Health and Human Services'' each place it appears 
    and inserting ``Commissioner of Social Security''.
        (3) Section 3127 of such Code is amended by striking 
    ``Secretary of Health and Human Services'' each place it appears 
    and inserting ``Commissioner of Social Security''.
        (4) Section 6050F(c)(1)(A) of such Code is amended by striking 
    ``Secretary of Health and Human Services'' and inserting 
    ``Commissioner of Social Security''.
        (5) Subsections (d) and (f) of section 6057 of such Code are 
    amended by striking ``Secretary of Health and Human Services'' each 
    place it appears and inserting ``Commissioner of Social Security''.
        (6) Section 6103(l)(5) of such Code is amended--
            (A) by striking ``Department of Health and Human Services'' 
        in the heading and inserting ``Social Security 
        Administration''; and
            (B) by striking ``Secretary of Health and Human Services'' 
        and inserting ``Commissioner of Social Security''.
        (7) Subsections (d)(3)(C) and (e) of section 6402 of such Code 
    are amended by striking ``Secretary of Health and Human Services'' 
    each place it appears and inserting ``Commissioner of Social 
    Security''.
        (8) Section 6511(d)(5) of such Code is amended by striking 
    ``Secretary of Health and Human Services'' and inserting 
    ``Commissioner of Social Security''.
        (9)(A) Subsections (b)(2) and (h) of section 9704 of such Code 
    are amended by striking ``Secretary of Health and Human Services'' 
    and inserting ``Commissioner of Social Security''.
        (B) Section 9706 of such Code is amended--
            (i) by striking ``Secretary of Health and Human Services'' 
        each place it appears and inserting ``Commissioner of Social 
        Security'';
            (ii) in such section as amended by clause (i), by striking 
        ``Secretary'' each place it appears and inserting 
        ``Commissioner''; and
            (iii) in subsection (d)(3), by striking ``Secretary's'' and 
        inserting ``Commissioner's''.
    (i) Amendments to Black Lung Benefits Act.--
        (1) Section 402(c) of the Black Lung Benefits Act (30 U.S.C. 
    902(c)) is amended by striking ``where used in part B'' and all 
    that follows through ``part C'' and inserting ``where used in part 
    C''.
        (2) Part B of such Act (30 U.S.C. 921 et seq.) is amended by 
    striking ``Secretary of Health, Education, and Welfare'' each place 
    it appears and inserting ``Commissioner of Social Security'', and 
    by striking ``Secretary'' each place it otherwise appears in 
    reference to the Secretary of Health and Human Services and 
    inserting ``Commissioner of Social Security''.
        (3) Section 426 of such Act (30 U.S.C. 936) is amended--
            (A) in subsection (a), by striking ``and the Secretary of 
        Health, Education, and Welfare'' and inserting ``, the 
        Commissioner of Social Security, and the Secretary of Health 
        and Human Services''; and
            (B) in subsection (b), by striking ``the Secretary of 
        Health, Education, and Welfare'' and inserting ``the 
        Commissioner of Social Security''.
        (4) Section 435 of such Act (30 U.S.C. 945) is amended by 
    striking ``Secretary of Health, Education, and Welfare'' each place 
    it appears and inserting ``Commissioner of Social Security''.
        (5) Section 508 of such Act (30 U.S.C. 957) is amended by 
    striking ``the Secretary of Health, Education, and Welfare,'' and 
    inserting ``the Secretary of Health and Human Services, the 
    Commissioner of Social Security,''.
    (j) Amendments to Title 31, United States Code.--
        (1) Section 901(b)(2) of title 31, United States Code, is 
    amended by adding at the end the following:
            ``(H) The Social Security Administration.''.
        (2) Section 3720A(f)(2) of such title is amended by striking 
    ``Secretary of Health and Human Services'' each place it appears 
    and inserting ``Commissioner of Social Security''.
    (k) Amendments to Title 38, United States Code.--Section 5105 of 
title 38, United States Code, is amended--
        (1) by striking ``Secretary of Health and Human Services'' each 
    place it appears and inserting ``Commissioner of Social Security''; 
    and
        (2) by striking the second sentence of subsection (b) and 
    inserting the following new sentence: ``A copy of each such 
    application filed with either the Secretary or the Commissioner, 
    together with any additional information and supporting documents 
    (or certifications thereof) which may have been received by the 
    Secretary or the Commissioner with such application, and which may 
    be needed by the other official in connection therewith, shall be 
    transmitted by the Secretary or the Commissioner receiving the 
    application to the other official.''.
    (l) Amendments to Inspector General Act of 1978.--
        (1) Section 9(a)(1) of the Inspector General Act of 1978 (5 
    U.S.C. App.) is amended--
            (A) by striking ``and'' at the end of subparagraph (V); and
            (B) by adding at the end the following new subparagraph:
            ``(W) of the Social Security Administration, the functions 
        of the Inspector General of the Department of Health and Human 
        Services which are transferred to the Social Security 
        Administration by the Social Security Independence and Program 
        Improvements Act of 1994 (other than functions performed 
        pursuant to section 105(a)(2) of such Act), except that such 
        transfers shall be made in accordance with the provisions of 
        such Act and shall not be subject to subsections (b) through 
        (d) of this section; and''.
        (2) Section 11 of such Act (5 U.S.C. App.) is amended--
            (A) in paragraph (1), by inserting ``; or the Commissioner 
        of Social Security, Social Security Administration'' before ``; 
        as the case may be''; and
            (B) in paragraph (2), by inserting ``, or the Social 
        Security Administration'' before ``; as the case may be''.
    (m) Section 505 of the Social Security Disability Amendments of 
1980.--Section 505 of the Social Security Disability Amendments of 1980 
is amended--
        (1) in subsection (a), by striking ``Secretary of Health and 
    Human Services'' and inserting ``Commissioner of Social Security'';
        (2) in subsection (a)(3), by amending the first sentence to 
    read as follows: ``In the case of any experiment or demonstration 
    project under paragraph (1) which is initiated before June 10, 
    1996, the Commissioner may waive compliance with the benefit 
    requirements of title II of the Social Security Act, and the 
    Secretary of Health and Human Services may (upon the request of the 
    Commissioner) waive compliance with the benefits requirements of 
    title XVIII of such Act, insofar as is necessary for a thorough 
    evaluation of the alternative methods under consideration.''; and
        (3) in subsections (a) and (c), by striking ``Secretary'' each 
    place it otherwise appears and inserting ``Commissioner''.

SEC. 109. 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 
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.

SEC. 110. EFFECTIVE DATES.

    (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.

        TITLE II--PROGRAM IMPROVEMENTS RELATING TO OASDI AND SSI

    SEC. 201. RESTRICTIONS ON PAYMENT OF BENEFITS BASED ON DISABILITY 
      TO SUBSTANCE ABUSERS.
    (a) Amendments Relating to Benefits Based on Disability Under Title 
II of the Social Security Act.--
        (1) Required payment of benefits to representative payees.--
            (A) In general.--Section 205(j)(1) of the Social Security 
        Act (42 U.S.C. 405(j)(1)) is amended--
                (i) by inserting ``(A)'' after ``(j)(1)'';
                (ii) in the last sentence, by inserting ``, if the 
            interest of the individual under this title would be served 
            thereby,'' after ``alternative representative payee or''; 
            and
                (iii) by adding at the end the following new 
            subparagraph:
    ``(B) In the case of an individual entitled to benefits based on 
disability, if alcoholism or drug addiction is a contributing factor 
material to the Secretary's determination that the individual is under 
a disability, certification of payment of such benefits to a 
representative payee shall be deemed to serve the interest of such 
individual under this title. In any case in which such certification is 
so deemed under this subparagraph to serve the interest of an 
individual, the Secretary shall include, in such individual's 
notification of entitlement, a notice that alcoholism or drug addiction 
is a contributing factor material to the Secretary's determination of 
such individual's disability and that the Secretary is therefore 
required to make a certification of payment of such individual's 
benefits to a representative payee.''.
            (B) Conforming amendment.--Section 205(j)(2)(D)(ii)(II) of 
        such Act (42 U.S.C. 402(j)(2)(D)(ii)(II)) is amended by 
        striking ``or under the age of 15'' and inserting ``, under the 
        age of 15 years, or (if alcoholism or drug addiction is a 
        contributing factor material to the Secretary's determination 
        that the individual is under a disability) is eligible for 
        benefits under this title by reason of disability.''.
            (C) 90-day delay in deferral or suspension of benefits for 
        current beneficiaries.--In the case of an individual who, as of 
        180 days after the date of the enactment of this Act, has been 
        determined to be under a disability, if alcoholism or drug 
        addiction is a contributing factor material to the 
        determination of the Secretary of Health and Human Services 
        that the individual is under a disability, the Secretary may, 
        notwithstanding clauses (i) and (ii) of section 205(j)(2)(D) of 
        the Social Security Act, make direct payment of benefits to 
        such individual during the 90-day period commencing with the 
        date on which such individual is provided the notice described 
        in subparagraph (D)(ii) of this paragraph, until such time 
        during such period as the selection of a representative payee 
        is made pursuant to section 205(j) of such Act.
            (D) Effective date.--
                (i) General rule.--Except as provided in clause (ii), 
            the amendments made by this paragraph shall apply with 
            respect to benefits paid in months beginning after 180 days 
            after the date of the enactment of this Act.
                (ii) Treatment of current beneficiaries.--In any case 
            in which--

                    (I) an individual is entitled to benefits based on 
                disability (as defined in section 205(j)(7) of the 
                Social Security Act, as amended by this section),
                    (II) the determination of disability was made by 
                the Secretary of Health and Human Services during or 
                before the 180-day period following the date of the 
                enactment of this Act, and
                    (III) alcoholism or drug addiction is a 
                contributing factor material to the Secretary's 
                determination that the individual is under a 
                disability,

            the amendments made by this paragraph shall apply with 
            respect to benefits paid in months after the month in which 
            such individual is notified by the Secretary in writing 
            that alcoholism or drug addiction is a contributing factor 
            material to the Secretary's determination and that the 
            Secretary is therefore required to make a certification of 
            payment of such individual's benefits to a representative 
            payee.
            (E) Study regarding feasibility, cost, and equity of 
        requiring representative payees for all disability 
        beneficiaries suffering from alcoholism or drug addiction.--
                (i) Study.--As soon as practicable after the date of 
            the enactment of this Act, the Secretary of Health and 
            Human Services shall conduct a study of the representative 
            payee program. In such study, the Secretary shall examine--

                    (I) the feasibility, cost, and equity of requiring 
                representative payees for all individuals entitled to 
                benefits based on disability under title II or XVI of 
                the Social Security Act who suffer from alcoholism or 
                drug addiction, irrespective of whether the alcoholism 
                or drug addiction was material in any case to the 
                Secretary's determination of disability,
                    (II) the feasibility, cost, and equity of providing 
                benefits through non-cash means, including (but not 
                limited to) vouchers, debit cards, and electronic 
                benefits transfer systems,
                    (III) the extent to which child beneficiaries are 
                afflicted by drug addition or alcoholism and ways of 
                addressing such affliction, including the feasibility 
                of requiring treatment, and
                    (IV) the extent to which children's representative 
                payees are afflicted by drug addiction or alcoholism, 
                and methods to identify children's representative 
                payees afflicted by drug addition or alcoholism and to 
                ensure that benefits continue to be provided to 
                beneficiaries appropriately.

                (ii) Report.--Not later than December 31, 1995, the 
            Secretary shall transmit to the Committee on Ways and Means 
            of the House of Representatives and the Committee on 
            Finance of the Senate a report setting forth the findings 
            of the Secretary based on such study. Such report shall 
            include such recommendations for administrative or 
            legislative changes as the Secretary considers appropriate.
        (2) Increased reliance on professional representative payees.--
            (A) Preference required for organizational representative 
        payees.--Section 205(j)(2)(C) of such Act (42 U.S.C. 
        405(j)(2)(C)) is amended by adding at the end the following new 
        clause:
    ``(v) In the case of an individual entitled to benefits based on 
disability, if alcoholism or drug addiction is a contributing factor 
material to the Secretary's determination that the individual is under 
a disability, when selecting such individual's representative payee, 
preference shall be given to--
        ``(I) a community-based nonprofit social service agency 
    licensed or bonded by the State,
        ``(II) a Federal, State, or local government agency whose 
    mission is to carry out income maintenance, social service, or 
    health care-related activities,
        ``(III) a State or local government agency with fiduciary 
    responsibilities, or
        ``(IV) a designee of an agency (other than of a Federal agency) 
    referred to in the preceding subclauses of this clause, if the 
    Secretary deems it appropriate,
unless the Secretary determines that selection of a family member would 
be appropriate.''.
            (B) Availability of public agencies and other qualified 
        organizations to serve as representative payees.--
                (i) Allowable fees.--Section 205(j)(4)(A) of such Act 
            (42 U.S.C. 405(j)(4)) is amended--

                    (I) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), respectively;
                    (II) by inserting ``(i)'' after ``(4)(A)'';
                    (III) by striking subclause (II) (as redesignated 
                by subclause (I) of this clause) and inserting the 
                following:

        ``(II) $25.00 per month ($50.00 per month in any case in which 
    the individual is entitled to benefits based on disability and 
    alcoholism or drug addiction is a contributing factor material to 
    the Secretary's determination that the individual is under a 
    disability).'';

                    (IV) by inserting, after and below subclause (II) 
                (as amended), the following new sentence:

``The Secretary shall adjust annually (after 1995) each dollar amount 
set forth in subclause (II) under procedures providing for adjustments 
in the same manner and to the same extent as adjustments are provided 
for under the procedures used to adjust benefit amounts under section 
215(i)(2)(A), except that any amount so adjusted that is not a multiple 
of $1.00 shall be rounded to the nearest multiple of $1.00.''; and

                    (V) by adding at the end the following new clause:

    ``(ii) In the case of an individual who is no longer currently 
entitled to monthly insurance benefits under this title but to whom all 
past-due benefits have not been paid, for purposes of clause (i), any 
amount of such past-due benefits payable in any month shall be treated 
as a monthly benefit referred to in clause (i)(I).''.
                (ii) Inclusion of state and local agencies as qualified 
            organizations.--Section 205(j)(4)(B) of such Act (42 U.S.C. 
            405(j)(4)(B)) is amended--

                    (I) by inserting ``State or local government agency 
                whose mission is to carry out income maintenance, 
                social service, or health care-related activities, any 
                State or local government agency with fiduciary 
                responsibilities, or any'' after ``means any'';
                    (II) by striking ``representative payee and 
                which,'' and inserting ``representative payee, if such 
                agency,'';
                    (III) by striking ``, and'' at the end of clause 
                (ii) and inserting a period; and
                    (IV) by striking clause (iii).

                (iii) Retroactive repeal of sunset.--Effective July 1, 
            1994, section 205(j)(4) of such Act (42 U.S.C. 405(j)(4)) 
            is amended by striking subparagraph (D).
            (C) Definition.--Section 205(j) of such Act (42 U.S.C. 
        405(j)) is amended by adding at the end the following new 
        paragraph:
    ``(7) For purposes of this subsection, the term `benefit based on 
disability' of an individual means a disability insurance benefit of 
such individual under section 223 or a child's, widow's, or widower's 
insurance benefit of such individual under section 202 based on such 
individual's disability.''.
            (D) Effective date.--Except as provided in subparagraph 
        (B)(iii), the amendments made by this paragraph shall apply 
        with respect to months beginning after 90 days after the date 
        of the enactment of this Act.
        (3) Nonpayment or termination of benefits.--
            (A) In general.--Section 225 of such Act (42 U.S.C. 425) is 
        amended--
                (i) by striking the heading and inserting the 
            following:


       ``additional rules relating to benefits based on disability

                      ``Suspension of Benefits'';

                (ii) by inserting before subsection (b) the following 
            new heading:

         ``Continued Payments During Rehabilitation Program'';

            and
                (iii) by adding at the end the following new 
            subsection:

  ``Nonpayment or Termination of Benefits Where Entitlement Involves 
                      Alcoholism or Drug Addiction

    ``(c)(1)(A) In the case of any individual entitled to benefits 
based on disability, if alcoholism or drug addiction is a contributing 
factor material to the Secretary's determination that such individual 
is under a disability, such individual shall comply with the provisions 
of this subsection. In any case in which an individual is required to 
comply with the provisions of this subsection, the Secretary shall 
include, in such individual's notification of entitlement, a notice 
informing such individual of such requirement.
    ``(B) Notwithstanding any other provision of this title, if an 
individual who is required under subparagraph (A) to comply with the 
provisions of this subsection is determined by the Secretary not to be 
in compliance with the provisions of this subsection, such individual's 
benefits based on disability shall be suspended for a period--
        ``(i) commencing with the first month following the month in 
    which such individual is notified by the Secretary of the 
    determination of noncompliance and that the individual's benefits 
    will be suspended, and
        ``(ii) ending with the month preceding the first month, after 
    the determination of noncompliance, in which such individual 
    demonstrates that he or she has reestablished and maintained 
    compliance with such provisions for the applicable period specified 
    in paragraph (3).
    ``(2)(A) An individual described in paragraph (1) is in compliance 
with the requirements of this subsection for a month if in such month--
        ``(i) such individual undergoes substance abuse treatment which 
    is appropriate for such individual's condition diagnosed as 
    alcoholism or drug addiction and for the stage of such individual's 
    rehabilitation and which is conducted at an institution or facility 
    approved for purposes of this subsection by the Secretary, and
        ``(ii) such individual complies in such month with the terms, 
    conditions, and requirements of such treatment and with 
    requirements imposed by the Secretary under paragraph (5).
    ``(B) An individual described in paragraph (1) may be determined as 
failing to comply with the requirements of this subsection for a month 
only if treatment meeting the requirements of subparagraph (A)(i) is 
available for that month, as determined pursuant to regulations of the 
Secretary.
    ``(3) The applicable period specified in this paragraph is--
        ``(A) 2 consecutive months, in the case of a first 
    determination that an individual is not in compliance with the 
    requirements of this subsection,
        ``(B) 3 consecutive months, in the case of the second such 
    determination with respect to the individual, or
        ``(C) 6 consecutive months, in the case of the third or 
    subsequent such determination with respect to the individual.
    ``(4) In any case in which an individual's benefit is suspended for 
a period of 12 consecutive months for failure to comply with treatment 
described in paragraph (2) of this subsection, the month following such 
period shall be deemed, for purposes of section 223(a)(1) or subsection 
(d)(1)(G)(i), (e)(1), or (f)(1) of section 202 (as applicable), the 
termination month with respect to such entitlement.
    ``(5)(A) The Secretary shall provide for the monitoring and testing 
of individuals who are receiving benefits under this title and who as a 
condition of payment of such benefits are required to be undergoing 
treatment under paragraph (1) and complying with the terms, conditions, 
and requirements thereof as described in paragraph (2)(A), in order to 
assure such compliance.
    ``(B) The Secretary, in consultation with drug and alcohol 
treatment professionals, shall issue regulations--
        ``(i) defining appropriate treatment for alcoholics and drug 
    addicts who are subject to appropriate substance abuse treatment 
    required under this subsection, and
        ``(ii) establishing guidelines to be used to review and 
    evaluate their compliance, including measures of the progress 
    expected to be achieved by participants in such programs.
    ``(C)(i) For purposes of carrying out the requirements of 
subparagraphs (A) and (B), the Secretary shall provide for the 
establishment of one or more referral and monitoring agencies for each 
State.
    ``(ii) Each referral and monitoring agency for a State shall--
        ``(I) identify appropriate placements, for individuals residing 
    in such State who are entitled to benefits based on disability and 
    with respect to whom alcoholism or drug addiction is a contributing 
    factor material to the Secretary's determination that they are 
    under a disability, where they may obtain treatment described in 
    paragraph (2)(A),
        ``(II) refer such individuals to such placements for such 
    treatment, and
        ``(III) monitor compliance with the requirements of paragraph 
    (2)(A) by individuals who are referred by the agency to such 
    placements and promptly report failures to comply to the Secretary.
    ``(D) There are authorized to be transferred from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability 
Insurance Trust Fund such sums as are necessary to carry out the 
requirements of this paragraph for referral, monitoring, and testing.
    ``(6)(A) In the case of any individual who is entitled to a benefit 
based on disability for any month, if alcoholism or drug addiction is a 
contributing factor material to the Secretary's determination that the 
individual is under a disability, payment of any past-due monthly 
insurance benefits under this title to which such individual is 
entitled shall be made in any month only to the extent that the sum 
of--
        ``(i) the amount of such past-due benefit paid in such month, 
    and
        ``(ii) the amount of any benefit for the preceding month under 
    such current entitlement which is payable in such month,
does not exceed, subject to subparagraph (B), twice the amount of such 
individual's benefit for the preceding month (determined without 
applying any reductions or deductions under this title).
    ``(B)(i) In the case of an individual who is no longer currently 
entitled to monthly insurance benefits under this title but to whom any 
amount of past-due benefits has not been paid, for purposes of 
subparagraph (A), such individual's monthly insurance benefit for such 
individual's last month of entitlement shall be treated as such 
individual's benefit for the preceding month.
    ``(ii) For the first month in which an individual's past-due 
benefits referred to in subparagraph (A) are paid, the amount of the 
limitation provided in subparagraph (A) shall be increased by the 
amount of any debts of such individual related to housing which are 
outstanding as of the end of the preceding month Pand which are 
resulting in a high risk of homelessness for such Pindividual.
    ``(C) Upon the death of an individual to whom payment of past-due 
benefits has been limited under subparagraph (A), any amount of such 
past-due benefits remaining unpaid shall be treated as an underpayment 
for purposes of section 204.
    ``(D) In the case of an individual who would be entitled to 
benefits based on disability but for termination of such benefits under 
paragraph (4) or (7), such individual shall be entitled to payment of 
past-due benefits under this paragraph as if such individual continued 
to be entitled to such terminated benefits.
    ``(7)(A) Subject to subparagraph (B), in the case of any individual 
entitled to benefits based on disability, if--
        ``(i) alcoholism or drug addiction is a contributing factor 
    material to the Secretary's determination that such individual is 
    under a disability, and
        ``(ii) as of the end of the 36-month period beginning with such 
    individual's first month of entitlement, such individual would not 
    otherwise be disabled but for alcoholism or drug addiction,
the month following such 36-month period shall be deemed, for purposes 
of section 223(a)(1) or subsection (d)(1)(G)(i), (e)(1), or (f)(1) of 
section 202 (as applicable), the termination month with respect to such 
entitlement. Such individual whose entitlement is terminated under this 
paragraph may not be entitled to benefits based on disability for any 
month following such 36-month period if, in such following month, 
alcoholism or drug addiction is a contributing factor material to the 
Secretary's determination that such individual is under a disability.
    ``(B) In determining whether the 36-month period referred to in 
subparagraph (A) has elapsed--
        ``(i) a month shall not be taken into account unless the 
    Secretary determines, under regulations of the Secretary, that 
    treatment required under this subsection is available to the 
    individual for the month, and
        ``(ii) any month for which a suspension is in effect for the 
    individual under paragraph (1)(B) shall not be taken into account.
    ``(8) Monthly insurance benefits under this title which would be 
payable to any individual (other than the disabled individual to whom 
benefits are not payable by reason of this subsection) on the basis of 
the wages and self-employment income of such disabled individual but 
for the provisions of paragraph (1), (4), or (7) shall be payable as 
though such paragraph did not apply.
    ``(9) For purposes of this subsection, the term `benefit based on 
disability' of an individual means a disability insurance benefit of 
such individual under section 223 or a child's, widow's, or widower's 
insurance benefit of such individual under section 202 based on the 
disability of such individual.''.
            (B) Report.--Not later than December 31, 1996, the 
        Secretary shall submit to the Committee on Ways and Means of 
        the House of Representatives and the Committee on Finance of 
        the Senate a full and complete report on the Secretary's 
        activities under paragraph (5) of section 225(c) of the Social 
        Security Act (as amended by subparagraph (A)). Such report 
        shall include the number and percentage of individuals referred 
        to in such paragraph who have not received regular drug testing 
        since the effective date of such paragraph.
            (C) Sunset of 36-month rule.--Section 225(c)(7) of the 
        Social Security Act (added by subparagraph (A)) shall cease to 
        be effective with respect to benefits for months after 
        September 2004.
            (D) Preservation of medicare benefits.--
                (i) Section 226 of such Act (42 U.S.C. 426) is amended 
            by adding at the end the following:
    ``(i) For purposes of this section, each person whose monthly 
insurance benefit for any month is terminated or is otherwise not 
payable solely by reason of paragraph (1) or (7) of section 225(c) 
shall be treated as entitled to such benefit for such month.''.
                (ii) Section 226A of such Act (42 U.S.C. 426A) is 
            amended by adding at the end the following:
    ``(c) For purposes of this section, each person whose monthly 
insurance benefit for any month is terminated or is otherwise not 
payable solely by reason of paragraph (1) or (7) of section 225(c) 
shall be treated as entitled to such benefit for such month.''.
            (E) Effective date.--
                (i) In general.--Except as otherwise provided in this 
            paragraph, the amendments made by this paragraph shall 
            apply with respect to benefits based on disability (as 
            defined in section 225(c)(9) of the Social Security Act, 
            added by this section) which are otherwise payable in 
            months beginning after 180 days after the date of the 
            enactment of this Act. The Secretary of Health and Human 
            Services shall issue regulations necessary to carry out the 
            amendments made by this paragraph not later than 180 days 
            after the date of the enactment of this Act.
                (ii) Referral and monitoring agencies.--Section 
            225(c)(5) of the Social Security Act (added by this 
            subsection) shall take effect 180 days after the date of 
            the enactment of this Act.
                (iii) Termination after 36 months.--Section 225(c)(7) 
            of the Social Security Act (added by this subsection) shall 
            apply with respect to benefits based on disability (as so 
            defined) for months beginning after 180 days after the date 
            of the enactment of this Act.
            (F) Transition rules for current beneficiaries.--In any 
        case in which an individual is entitled to benefits based on 
        disability, the determination of disability was made by the 
        Secretary of Health and Human Services during or before the 
        180-day period following the date of the enactment of this Act, 
        and alcoholism or drug addiction is a contributing factor 
        material to the Secretary's determination that the individual 
        is under a disability--
                (i) Treatment requirement.--Paragraphs (1) through (4) 
            of section 225(c) of the Social Security Act (added by this 
            subsection) shall apply only with respect to benefits paid 
            in months after the month in which such individual is 
            notified by the Secretary in writing that alcoholism or 
            drug addiction is a contributing factor material to the 
            Secretary's determination and that such individual is 
            therefore required to comply with the provisions of section 
            225(c) of such Act.
                (ii) Termination after 36 months.--

                    (I) In general.--For purposes of section 225(c)(7) 
                of the Social Security Act (added by this subsection), 
                the first month of entitlement beginning after 180 days 
                after the date of the enactment of this Act shall be 
                treated as the individual's first month of entitlement 
                to such benefits.
                    (II) Concurrent beneficiaries currently under 
                treatment.--In any case in which the individual is also 
                entitled to benefits under title XVI and, as of 180 
                days after the date of the enactment of this Act, such 
                individual is undergoing treatment required under 
                section 1611(e)(3) of the Social Security Act (as in 
                effect immediately before the date of the enactment of 
                this Act), the Secretary of Health and Human Services 
                shall notify such individual of the provisions of 
                section 225(c)(7) of the Social Security Act (added by 
                this subsection) not later than 180 days after the date 
                of the enactment of this Act.
                    (III) Concurrent beneficiaries not currently under 
                treatment.--In any case in which the individual is also 
                entitled to benefits under title XVI but, as of 180 
                days after the date of the enactment of this Act, such 
                individual is not undergoing treatment described in 
                subclause (II), section 225(c)(7) (added by this 
                subsection) shall apply only with respect to benefits 
                for months after the month in which treatment required 
                under section 1611(e)(3) of the Social Security Act (as 
                amended by subsection (b)) is available, as determined 
                under regulations of the Secretary of Health and Human 
                Services, and the Secretary notifies such individual of 
                the availability of such treatment and describes in 
                such notification the provisions of section 225(c)(7) 
                of the Social Security Act (added by this subsection).

        (4) Irrelevance of legality of services performed in 
    determining substantial gainful activity.--
            (A) In general.--Section 223(d)(4) of such Act (42 U.S.C. 
        423(d)(4)) is amended--
                (i) by inserting ``(A)'' after ``(4)''; and
                (ii) by adding at the end the following new 
            subparagraph:
    ``(B) In determining under subparagraph (A) when services performed 
or earnings derived from services demonstrate an individual's ability 
to engage in substantial gainful activity, the Secretary shall apply 
the criteria described in subparagraph (A) with respect to services 
performed by any individual without regard to the legality of such 
services.''.
            (B) Conforming amendment relating to trial work.--Section 
        222(c)(2) of such Act (42 U.S.C. 422(c)(2)) is amended by 
        inserting ``(whether legal or illegal)'' after ``activity''.
            (C) Effective date.--The amendments made by this paragraph 
        shall take effect on the date of the enactment of this Act.
    (b) Amendments Relating to Supplemental Security Income Benefits 
Under Title XVI of the Social Security Act.--
        (1) Required payment of benefits to representative payees.--
            (A) In general.--Section 1631(a)(2)(A) of the Social 
        Security Act (42 U.S.C. 1383(a)(2)(A)) is amended--
                (i) in clause (ii)--

                    (I) by inserting ``(I)'' after ``(ii)'';
                    (II) by striking ``or in the case of any individual 
                or eligible spouse referred to in section 
                1611(e)(3)(A),''; and

                    (III) by adding after and below the end the 
                following:

    ``(II) In the case of an individual eligible for benefits under 
this title by reason of disability, if alcoholism or drug addiction is 
a contributing factor material to the Secretary's determination that 
the individual is disabled, the payment of such benefits to a 
representative payee shall be deemed to serve the interest of the 
individual under this title. In any case in which such payment is so 
deemed under this subclause to serve the interest of an individual, the 
Secretary shall include, in the individual's notification of such 
eligibility, a notice that alcoholism or drug addiction is a 
contributing factor material to the Secretary's determination that the 
individual is disabled and that the Secretary is therefore required to 
pay the individual's benefits to a representative payee.''; and
                (ii) in clause (iii), by striking ``to the individual 
            or eligible spouse or to an alternative representative 
            payee of the individual or eligible spouse'' and inserting 
            ``to an alternative representative payee of the individual 
            or eligible spouse or, if the interest of the individual 
            under this title would be served thereby, to the individual 
            or eligible spouse''.
            (B) Conforming amendment.--Section 1631(a)(2)(B)(viii)(II) 
        of such Act (42 U.S.C. 1383(a)(2)(B)(viii)(II)) is amended by 
        striking ``15 years'' and all that follows and inserting ``of 
        15 years, or (if alcoholism or drug addiction is a contributing 
        factor material to the Secretary's determination that the 
        individual is disabled) is eligible for benefits under this 
        title by reason of disability.''.
            (C) Effective date.--The amendments made by this paragraph 
        shall apply with respect to months beginning after 180 days 
        after the date of the enactment of this Act.
        (2) Increased reliance on professional representative payees.--
            (A) Preference required for organizational representative 
        payees.--Section 1631(a)(2)(B) of such Act (42 U.S.C. 
        1383(a)(2)(B)), as amended by paragraph (1)(B) of this 
        subsection, is amended--
                (i) by redesignating clauses (vii) through (xii) as 
            clauses (viii) through (xiii), respectively;
                (ii) by inserting after clause (vi) the following:
    ``(vii) In the case of an individual eligible for benefits under 
this title by reason of disability, if alcoholism or drug addiction is 
a contributing factor material to the Secretary's determination that 
the individual is disabled, when selecting such individual's 
representative payee, preference shall be given to--
        ``(I) a community-based nonprofit social service agency 
    licensed or bonded by the State;
        ``(II) a Federal, State, or local government agency whose 
    mission is to carry out income maintenance, social service, or 
    health care-related activities;
        ``(III) a State or local government agency with fiduciary 
    responsibilities; or
        ``(IV) a designee of an agency (other than of a Federal agency) 
    referred to in the preceding subclauses of this clause, if the 
    Secretary deems it appropriate,
unless the Secretary determines that selection of a family member would 
be appropriate.'';
                (iii) in clause (viii) (as so redesignated), by 
            striking ``clause (viii)'' and inserting ``clause (ix)'';
                (iv) in clause (ix) (as so redesignated), by striking 
            ``(vii)'' and inserting ``(viii)'';
                (v) in clause (xiii) (as so redesignated)--

                    (I) by striking ``(xi)'' and inserting ``(xii)''; 
                and
                    (II) by striking ``(x)'' and inserting ``(xi)''.

            (B) Availability of public agencies and other qualified 
        organizations to serve as representative payees.--
                (i) Allowable fees.--Section 1631(a)(2)(D) of such Act 
            (42 U.S.C. 1383(a)(2)(D)) is amended--

                    (I) in clause (i)--

                        (aa) by striking subclause (II) and inserting 
                    the following:
        ``(II) $25.00 per month ($50.00 per month in any case in which 
    an individual is eligible for benefits under this title by reason 
    of disability and alcoholism or drug addiction is a contributing 
    factor material to the Secretary's determination that the 
    individual is disabled).''; and
                        (bb) by inserting after the 1st sentence the 
                    following:
``The Secretary shall adjust annually (after 1995) each dollar amount 
set forth in subclause (II) of this clause under procedures providing 
for adjustments in the same manner and to the same extent as 
adjustments are provided for under the procedures used to adjust 
benefit amounts under section 215(i)(2)(A), except that any amount so 
adjusted that is not a multiple of $1.00 shall be rounded to the 
nearest multiple of $1.00.''; and

                    (II) by adding at the end the following:

    ``(v) In the case of an individual who is no longer eligible for 
benefits under this title but to whom any amount of past-due benefits 
under this title has not been paid, for purposes of clause (i), any 
amount of such past-due benefits payable in any month shall be treated 
as a monthly benefit referred to in clause (i)(I).''.
                (ii) Inclusion of state and local agencies as qualified 
            organizations.--Section 1631(a)(2)(D)(ii) of such Act (42 
            U.S.C. 1383(a)(2)(D)(ii)) is amended--

                    (I) by inserting ``State or local government agency 
                whose mission is to carry out income maintenance, 
                social service, or health care-related activities, any 
                State or local government agency with fiduciary 
                responsibilities, or any'' after ``means any'';
                    (II) by inserting a comma after ``service agency'';
                    (III) by adding ``and'' at the end of subclause 
                (I); and
                    (IV) in subclause (II)--

                        (aa) by adding ``and'' at the end of item (aa);
                        (bb) by striking ``; and'' at the end of item 
                    (bb) and inserting a period; and
                        (cc) by striking item (cc).
                (iii) Retroactive repeal of sunset.--

                    (I) Repeal.--Effective July 1, 1994, section 
                1631(a)(2)(D) of such Act (42 U.S.C. 1383(a)(2)(D)) is 
                amended by striking clause (iv).
                    (II) Conforming amendment.--Section 1631(a)(2)(D) 
                of such Act (42 U.S.C. 1383(a)(2)(D)) is amended by 
                redesignating clause (v) (as added by clause (i)(II) of 
                this subparagraph) as clause (iv).

            (C) Effective date.--Except as provided in subparagraph 
        (B)(iii)(I), the amendments made by this paragraph shall apply 
        with respect to months beginning after 90 days after the date 
        of the enactment of this Act.
        (3) Nonpayment or termination of benefits.--
            (A) In general.--Section 1611(e)(3)(A) of such Act (42 
        U.S.C. 1382(e)(3)(A)) is amended to read as follows:
    ``(A)(i)(I) In the case of any individual eligible for benefits 
under this title solely by reason of disability, if alcoholism or drug 
addiction is a contributing factor material to the Secretary's 
determination that the individual is disabled, the individual shall 
comply with the provisions of this subparagraph. In any case in which 
an individual is required to comply with the provisions of this 
subparagraph, the Secretary shall include in the individual's 
notification of such eligibility a notice informing the individual of 
such requirement.
    ``(II) Notwithstanding any other provision of this title, if an 
individual who is required under subclause (I) to comply with the 
requirements of this subparagraph is determined by the Secretary not to 
be in compliance with the provisions of this subparagraph, the 
individual's benefits under this title by reason of disability shall be 
suspended for a period--
        ``(aa) commencing with the first month following the month in 
    which the individual is notified by the Secretary of the 
    determination of noncompliance and that the individual's benefits 
    will be suspended; and
        ``(bb) ending with the month preceding the first month, after 
    the determination of noncompliance, in which the individual 
    demonstrates that he or she has reestablished and maintained 
    compliance with such provisions for the applicable period specified 
    in clause (iii).
    ``(ii)(I) An individual described in clause (i) is in compliance 
with the requirements of this subparagraph for a month if in such 
month--
        ``(aa) the individual undergoes substance abuse treatment, 
    which is appropriate for the individual's condition diagnosed as 
    alcoholism or drug addiction and for the stage of the individual's 
    rehabilitation and which is conducted at an institution or facility 
    approved for purposes of this subparagraph by the Secretary; and
        ``(bb) the individual complies in such month with the terms, 
    conditions, and requirements of the treatment and with requirements 
    imposed by the Secretary under this paragraph.
    ``(II) An individual described in clause (i) may be determined as 
failing to comply with the requirements of this subparagraph for a 
month only if treatment meeting the requirements of subclause (I)(aa) 
is available for the month, as determined pursuant to regulations of 
the Secretary.
    ``(iii) The applicable period specified in this clause is--
        ``(I) 2 consecutive months, in the case of a 1st determination 
    that an individual is not in compliance with the requirements of 
    this subparagraph;
        ``(II) 3 consecutive months, in the case of the 2nd such 
    determination with respect to the individual; or
        ``(III) 6 consecutive months, in the case of the 3rd or 
    subsequent such determination with respect to the individual.
    ``(iv) An individual who is not in compliance with this paragraph 
for 12 consecutive months shall not be eligible for supplemental 
security income benefits under this title. The preceding sentence shall 
not be construed to prevent the individual from reapplying and becoming 
eligible for such benefits.
    ``(v)(I) In the case of any individual eligible for benefits under 
this title by reason of disability, if--
        ``(aa) alcoholism or drug addiction is a contributing factor 
    material to the Secretary's determination that the individual is 
    disabled; and
        ``(bb) as of the end of the 36-month period beginning with the 
    1st month for which such benefits by reason of disability are 
    payable to the individual, the individual would not otherwise be 
    disabled but for alcoholism or drug addiction,
the individual shall not be eligible for such benefits by reason of 
disability for any month following such 36-month period if, in such 
following month, alcoholism or drug addiction would be a contributing 
factor material to the Secretary's determination that the individual is 
disabled, notwithstanding section 1619(a).
    ``(II) An individual whose entitlement to benefits under title II 
based on disability has been terminated by reason of section 225(c)(7) 
shall not be eligible for benefits under this title by reason of 
disability, if alcoholism or drug addiction is a contributing factor 
material to the Secretary's determination that the individual is 
disabled, for any month after the individual's termination month 
(within the meaning of section 223(a)(1) or subsection (d)(1)(G)(i), 
(e)(1), or (f)(1) of section 202, as applicable) with respect to such 
benefits.
    ``(III) Any month for which a suspension is in effect for the 
individual under clause (i)(II) shall not be taken into account in 
determining whether any 36-month period referred to in this clause has 
elapsed.
    ``(vi)(I) In the case of any individual who is eligible for 
benefits under this title for any month solely by reason of disability, 
if alcoholism or drug addiction is a contributing factor material to 
the Secretary's determination that the individual is disabled, payment 
of any benefits under this title the payment of which is past due shall 
be made in any month only to the extent that the sum of--
        ``(aa) the amount of the past-due benefit paid in the month; 
    and
        ``(bb) the amount of any benefit under this title which is 
    payable to the individual for the month,
does not exceed twice the maximum benefit payable under this title to 
an eligible individual for the preceding month.
    ``(II) For the first month in which an individual's past-due 
benefits referred to in subclause (I) are paid, the amount of the 
limitation provided in subclause (I) shall be increased by the amount 
of any debts of the individual related to housing which are outstanding 
as of the end of the preceding month and which are resulting in a high 
risk of homelessness for the individual.
    ``(III) Upon the death of an individual to whom payment of past-due 
benefits has been limited under subclause (I), any amount of such past-
due benefits remaining unpaid shall be treated as an underpayment for 
purposes of section 1631(b)(1)(A).
    ``(IV) As used in this clause, the term `benefits under this title' 
includes supplementary payments pursuant to an agreement for Federal 
administration under section 1616(a), and payments pursuant to an 
agreement entered into under section 212(b) of Public Law 93-66.
    ``(V) In the case of an individual who would be eligible for 
benefits under this title by reason of disability but for termination 
of such benefits under clause (iv) or (v), the individual shall be 
eligible for payment of past-due benefits under this clause as if the 
individual continued to be eligible for such terminated benefits.
    ``(VI) Subclause (I) shall not apply to payments under section 
1631(g).''.
            (B) Referral, monitoring, and treatment.--
                (i) In general.--Section 1611(e)(3)(B) of such Act (42 
            U.S.C. 1382(e)(3)(B)) is amended--

                    (I) by inserting ``(i)'' after ``(B)'';
                    (II) by striking the 2nd sentence; and
                    (III) by adding after and below the endP the 
                following:

    ``(ii) The Secretary, in consultation with drug and alcohol 
treatment professionals, shall issue regulations--
        ``(I) defining appropriate treatment for alcoholics and drug 
    addicts who are subject to required appropriate substance abuse 
    treatment under this subparagraph; and
        ``(II) establishing guidelines to be used to review and 
    evaluate their compliance, including measures of the progress 
    expected to be achieved by participants in such programs.
    ``(iii)(I) For purposes of carrying out the requirements of clauses 
(i) and (ii), the Secretary shall provide for the establishment of 1 or 
more referral and monitoring agencies for each State.
    ``(II) Each referral and monitoring agency for a State shall--
        ``(aa) identify appropriate placements, for individuals 
    residing in the State who are eligible for benefits under this 
    title by reason of disability and with respect to whom alcoholism 
    or drug addiction is a contributing factor material to the 
    Secretary's determination that they are disabled, where they may 
    obtain treatment described in subparagraph (A)(ii)(I);
        ``(bb) refer such individuals to such placements for such 
    treatment; and
        ``(cc) monitor compliance with the requirements of subparagraph 
    (A) by individuals who are referred by the agency to such 
    placements, and promptly report to the Secretary any failure to 
    comply with such requirements.''.
                (ii) Report.--Not later than December 31, 1996, the 
            Secretary shall submit to the Committee on Ways and Means 
            of the House of Representatives and the Committee on 
            Finance of the Senate a full and complete report on the 
            Secretary's activities under section 1611(e)(3)(B) of the 
            Social Security Act. The report shall include the number 
            and percentage of individuals referred to in such paragraph 
            who have not received regular drug testing since the 
            effective date of the amendments made by clause (i) of this 
            subparagraph.
            (C) Sunset of 36-month rule.--Section 1611(e)(3)(A)(v) of 
        the Social Security Act (added by subparagraph (A) of this 
        paragraph) shall cease to be effective with respect to benefits 
        for months after September 2004.
            (D) Preservation of medicaid benefits.--Section 1634 of 
        such Act (42 U.S.C. 13283c) is amended by adding at the end the 
        following:
    ``(e) Each person to whom benefits under this title by reason of 
disability are not payable for any month solely by reason of clause (i) 
or (v) of section 1611(e)(3)(A) shall be treated, for purposes of title 
XIX, as receiving benefits under this title for the month.''.
            (E) Effective date.--
                (i) In general.--Except as otherwise provided in this 
            paragraph, the amendments made by this paragraph shall 
            apply with respect to supplemental security income benefits 
            under title XVI of the Social Security Act by reason of 
            disability which are otherwise payable in months beginning 
            after 180 days after the date of the enactment of this Act. 
            The Secretary of Health and Human Services shall issue 
            regulations necessary to carry out the amendments made by 
            this paragraph not later than 180 days after such date of 
            enactment.
                (ii) Referral and monitoring agencies.--The amendments 
            made by subparagraph (B) shall take effect 180 days after 
            the date of the enactment of this Act.
                (iii) Termination after 36 months.--Clause (v) of 
            section 1611(e)(3)(A) of the Social Security Act (added by 
            the amendment made by subparagraph (A) of this paragraph) 
            shall apply with respect to supplemental security income 
            benefits under title XVI of the Social Security Act by 
            reason of disability for months beginning after 180 days 
            after the date of the enactment of this Act.
            (F) Transition rules for current beneficiaries.--In any 
        case in which an individual is eligible for supplemental 
        security income benefits under title XVI of the Social Security 
        Act by reason of disability, the determination of disability 
        was made by the Secretary of Health and Human Services during 
        or before the 180-day period following the date of the 
        enactment of this Act, and alcoholism or drug addiction is a 
        contributing factor material to the Secretary's determination 
        that the individual is disabled, for purposes of section 
        1611(e)(3)(A)(v) of the Social Security Act (added by the 
        amendment made by subparagraph (A) of this paragraph)--
                (i) the first month of such eligibility beginning after 
            180 days after the date of the enactment of this Act shall 
            be treated as the individual's first month of such 
            eligibility; and
                (ii) the Secretary shall notify the individual of the 
            requirements of the amendments made by this paragraph no 
            later than 180 days after the date of the enactment of this 
            Act.
        (4) Irrelevance of legality of substantial gainful activity.--
            (A) In general.--Section 1614(a)(3)(D) of such Act (42 
        U.S.C. 1382c(a)(3)(D)) is amended by adding at the end the 
        following: ``The Secretary shall make determinations under this 
        title with respect to substantial gainful activity, without 
        regard to the legality of the activity.''.
            (B) Effective date.--The amendment made by subparagraph (A) 
        shall take effect on the date of the enactment of this Act.
    (c) Demonstration Projects.--
        (1) In general.--The Secretary of Health and Human Services 
    shall develop and carry out demonstration projects designed to 
    explore innovative referral, monitoring, and treatment approaches 
    with respect to--
            (A) individuals who are entitled to disability insurance 
        benefits or child's, widow's, or widower's insurance benefits 
        based on disability under title II of the Social Security Act, 
        and
            (B) individuals who are eligible for supplemental security 
        income benefits under title XVI of such Act based solely on 
        disability,
    in cases in which alcoholism or drug addiction is a contributing 
    factor material to the Secretary's determination that individuals 
    are under a disability. The Secretary may include in such 
    demonstration projects individuals who are not described in either 
    subparagraph (A) or subparagraph (B) if the inclusion of such 
    individuals is necessary to determine the efficacy of various 
    monitoring, referral, and treatment approaches for individuals 
    described in subparagraph (A) or (B).
        (2) Scope.--The demonstration projects developed under 
    paragraph (1) shall be of sufficient scope and shall be carried out 
    on a wide enough scale to permit a thorough evaluation of the 
    alternative approaches under consideration while giving assurance 
    that the results derived from the projects will obtain generally in 
    the operation of the programs involved without committing such 
    programs to the adoption of any particular system either locally or 
    nationally.
        (3) Final report.--The Secretary shall submit to the Committee 
    on Ways and Means of the House of Representatives and the Committee 
    on Finance of the Senate no later than December 31, 1997, a final 
    report on the demonstration projects carried out under this 
    subsection, together with any related data and materials which the 
    Secretary may consider appropriate. The authority under this 
    section shall terminate upon the transmittal of such final report.

SEC. 202. COMMISSION ON CHILDHOOD DISABILITY.

    (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.
    SEC. 203. REGULATIONS REGARDING COMPLETION OF PLANS FOR ACHIEVING 
      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.

SEC. 204. SSI ELIGIBILITY FOR STUDENTS TEMPORARILY ABROAD.

    (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.
    SEC. 205. DISREGARD OF COST-OF-LIVING INCREASES FOR CONTINUED 
      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.
    SEC. 206. EXPANSION OF THE AUTHORITY OF THE SOCIAL SECURITY 
      ADMINISTRATION TO PREVENT, DETECT, AND TERMINATE FRAUDULENT 
      CLAIMS FOR OASDI AND SSI BENEFITS.
    (a) Prevention of Fraud by Translators of Foreign Languages.--
        (1) OASDI programs.--Section 205(c) of the Social Security Act 
    (42 U.S.C. 405(c)) is amended--
            (A) by redesignating paragraph (8) as paragraph (9); and
            (B) by inserting after paragraph (7) the following:
    ``(8) A translation into English by a third party of a statement 
made in a foreign language by an applicant for or beneficiary of 
monthly insurance benefits under this title shall not be regarded as 
reliable for any purpose under this title unless the third party, under 
penalty of perjury--
        ``(A) certifies that the translation is accurate; and
        ``(B) discloses the nature and scope of the relationship 
    between the third party and the applicant or recipient, as the case 
    may be.''.
        (2) SSI program.--Section 1631(e) of such Act (42 U.S.C. 
    1383(e)) is amended by inserting after paragraph (3) the following:
    ``(4) A translation into English by a third party of a statement 
made in a foreign language by an applicant for or recipient of benefits 
under this title shall not be regarded as reliable for any purpose 
under this title unless the third party, under penalty of perjury--
        ``(A) certifies that the translation is accurate; and
        ``(B) discloses the nature and scope of the relationship 
    between the third party and the applicant or recipient, as the case 
    may be.''.
        (3) Effective date.--The amendments made by this subsection 
    shall apply to translations made on or after October 1, 1994.
    (b) Civil Monetary Penalties, Assessments, and Exclusions for 
Titles II and XVI.--
        (1) In general.--Title XI of the Social Security Act (42 U.S.C. 
    1301 et seq.) is amended by inserting after section 1128B the 
    following:
``SEC. 1129. CIVIL MONETARY PENALTIES AND ASSESSMENTS FOR TITLES II AND 
XVI.
    ``(a)(1) Any person (including an organization, agency, or other 
entity) who makes, or causes to be made, a statement or representation 
of a material fact for use in determining any initial or continuing 
right to or the amount of--
        ``(A) monthly insurance benefits under title II, or
        ``(B) benefits or payments under title XVI,
that the person knows or should know is false or misleading or knows or 
should know omits a material fact or makes such a statement with 
knowing disregard for the truth shall be subject to, in addition to any 
other penalties that may be prescribed by law, a civil money penalty of 
not more than $5,000 for each such statement or representation. Such 
person also shall be subject to an assessment, in lieu of damages 
sustained by the United States because of such statement or 
representation, of not more than twice the amount of benefits or 
payments paid as a result of such a statement or representation. In 
addition, the Secretary may make a determination in the same proceeding 
to exclude, as provided in section 1128, such a person who is a medical 
provider or physician from participation in the programs under title 
XVIII and to direct the appropriate State agency to exclude the person 
from participation in any State health care program permanently or for 
such period as the Secretary determines.
    ``(2) For purposes of this section, a material fact is one which 
the Secretary may consider in evaluating whether an applicant is 
entitled to benefits under title II or eligible for benefits or 
payments under title XVI.
    ``(b)(1) The Secretary may initiate a proceeding to determine 
whether to impose a civil money penalty or assessment, or whether to 
recommend exclusion under subsection (a) only as authorized by the 
Attorney General pursuant to procedures agreed upon by the Secretary 
and the Attorney General. The Secretary may not initiate an action 
under this section with respect to any violation described in 
subsection (a) later than 6 years after the date the violation was 
committed. The Secretary may initiate an action under this section by 
serving notice of the action in any manner authorized by Rule 4 of the 
Federal Rules of Civil Procedure.
    ``(2) The Secretary shall not make a determination adverse to any 
person under this section until the person has been given written 
notice and an opportunity for the determination to be made on the 
record after a hearing at which the person is entitled to be 
represented by counsel, to present witnesses, and to cross-examine 
witnesses against the person.
    ``(3) In a proceeding under this section which--
        ``(A) is against a person who has been convicted (whether upon 
    a verdict after trial or upon a plea of guilty or nolo contendere) 
    of a Federal or State crime charging fraud or false statements; and
        ``(B) involves the same transaction as in the criminal action;
the person is estopped from denying the essential elements of the 
criminal offense.
    ``(4) The official conducting a hearing under this section may 
sanction a person, including any party or attorney, for failing to 
comply with an order or procedure, for failing to defend an action, or 
for such other misconduct as would interfere with the speedy, orderly, 
or fair conduct of the hearing. Such sanction shall reasonably relate 
to the severity and nature of the failure or misconduct. Such sanction 
may include--
        ``(A) in the case of refusal to provide or permit discovery, 
    drawing negative factual inference or treating such refusal as an 
    admission by deeming the matter, or certain facts, to be 
    established;
        ``(B) prohibiting a party from introducing certain evidence or 
    otherwise supporting a particular claim or defense;
        ``(C) striking pleadings, in whole or in part;
        ``(D) staying the proceedings;
        ``(E) dismissal of the action;
        ``(F) entering a default judgment;
        ``(G) ordering the party or attorney to pay attorneys' fees and 
    other costs caused by the failure or misconduct; and
        ``(H) refusing to consider any motion or other action which is 
    not filed in a timely manner.
    ``(c) In determining pursuant to subsection (a) the amount or scope 
of any penalty or assessment, or whether to recommend an exclusion, the 
Secretary shall take into account--
        ``(1) the nature of the statements and representations referred 
    to in subsection (a) and the circumstances under which they 
    occurred;
        ``(2) the degree of culpability, history of prior offenses, and 
    financial condition of the person committing the offense; and
        ``(3) such other matters as justice may require.
    ``(d)(1) Any person adversely affected by a determination of the 
Secretary under this section may obtain a review of such determination 
in the United States Court of Appeals for the circuit in which the 
person resides, or in which the statement or representation referred to 
in subsection (a) was made, by filing in such court (within 60 days 
following the date the person is notified of the Secretary's 
determination) a written petition requesting that the determination be 
modified or set aside. A copy of the petition shall be forthwith 
transmitted by the clerk of the court to the Secretary, and thereupon 
the Secretary shall file in the court the record in the proceeding as 
provided in section 2112 of title 28, United States Code. Upon such 
filing, the court shall have jurisdiction of the proceeding and of the 
question determined therein, and shall have the power to make and enter 
upon the pleadings, testimony, and proceedings set forth in such record 
a decree affirming, modifying, remanding for further consideration, or 
setting aside, in whole or in part, the determination of the Secretary 
and enforcing the same to the extent that such order is affirmed or 
modified. No objection that has not been urged before the Secretary 
shall be considered by the court, unless the failure or neglect to urge 
such objection shall be excused because of extraordinary circumstances.
    ``(2) The findings of the Secretary with respect to questions of 
fact, if supported by substantial evidence on the record considered as 
a whole, shall be conclusive in the review described in paragraph (1). 
If any party shall apply to the court for leave to adduce additional 
evidence and shall show to the satisfaction of the court that such 
additional evidence is material and that there were reasonable grounds 
for the failure to adduce such evidence in the hearing before the 
Secretary, the court may order such additional evidence to be taken 
before the Secretary and to be made a part of the record. The Secretary 
may modify such findings as to the facts, or make new findings, by 
reason of additional evidence so taken and filed, and the Secretary 
shall file with the court such modified or new findings, which findings 
with respect to questions of fact, if supported by substantial evidence 
on the record considered as a whole shall be conclusive, and the 
Secretary's recommendations, if any, for the modification or setting 
aside of the Secretary's original order.
    ``(3) Upon the filing of the record and the Secretary's original or 
modified order with the court, the jurisdiction of the court shall be 
exclusive and its judgment and decree shall be final, except that the 
same shall be subject to review by the Supreme Court of the United 
States, as provided in section 1254 of title 28, United States Code.
    ``(e)(1) Civil money penalties and assessments imposed under this 
section may be compromised by the Secretary and may be recovered--
        ``(A) in a civil action in the name of the United States 
    brought in United States district court for the district where the 
    statement or representation referred to in subsection (a) was made, 
    or where the person resides, as determined by the Secretary;
        ``(B) by means of reduction in tax refunds to which the person 
    is entitled, based on notice to the Secretary of the Treasury as 
    permitted under section 3720A of title 31, United States Code;
        ``(C)(i) by decrease of any payment of monthly insurance 
    benefits under title II, notwithstanding section 207, or
        ``(ii) by decrease of any payment under title XVI for which the 
    person is eligible, notwithstanding section 207, as made applicable 
    to title XVI by reason of section 1631(d)(1);
        ``(D) by authorities provided under the Debt Collection Act of 
    1982, as amended, to the extent applicable to debts arising under 
    the Social Security Act;
        ``(E) by deduction of the amount of such penalty or assessment, 
    when finally determined, or the amount agreed upon in compromise, 
    from any sum then or later owing by the United States to the person 
    against whom the penalty or assessment has been assessed; or
        ``(F) by any combination of the foregoing.
    ``(2) Amounts recovered under this section shall be recovered by 
the Secretary and shall be disposed of as follows:
        ``(A) In the case of amounts recovered arising out of a 
    determination relating to title II, the amounts shall be 
    transferred to the Managing Trustee of the Federal Old-Age and 
    Survivors Insurance Trust Fund or the Federal Disability Insurance 
    Trust Fund, as determined appropriate by the Secretary, and such 
    amounts shall be deposited by the Managing Trustee into such Trust 
    Fund.
        ``(B) In the case of amounts recovered arising out of a 
    determination relating to title XVI, the amounts shall be deposited 
    by the Secretary into the general fund of the Treasury as 
    miscellaneous receipts.
    ``(f) A determination pursuant to subsection (a) by the Secretary 
to impose a penalty or assessment, or to recommend an exclusion shall 
be final upon the expiration of the 60-day period referred to in 
subsection (d). Matters that were raised or that could have been raised 
in a hearing before the Secretary or in an appeal pursuant to 
subsection (d) may not be raised as a defense to a civil action by the 
United States to collect a penalty or assessment imposed under this 
section.
    ``(g) Whenever the Secretary's determination to impose a penalty or 
assessment under this section with respect to a medical provider or 
physician becomes final, the provisions of section 1128A(h) shall 
apply.
    ``(h) Whenever the Secretary has reason to believe that any person 
has engaged, is engaging, or is about to engage in any activity which 
makes the person subject to a civil monetary penalty under this 
section, the Secretary may bring an action in an appropriate district 
court of the United States (or, if applicable, a United States court of 
any territory) to enjoin such activity, or to enjoin the person from 
concealing, removing, encumbering, or disposing of assets which may be 
required in order to pay a civil monetary penalty and assessment if any 
such penalty were to be imposed or to seek other appropriate relief.
    ``(i)(1) The provisions of subsections (d) and (e) of section 205 
shall apply with respect to this section to the same extent as they are 
applicable with respect to title II. The Secretary may delegate the 
authority granted by section 205(d) (as made applicable to this 
section) to the Inspector General for purposes of any investigation 
under this section.
    ``(2) The Secretary may delegate authority granted under this 
section to the Inspector General.
    ``(j) For purposes of this section, the term `State agency' shall 
have the same meaning as in section 1128A(i)(1).
    ``(k) A principal is liable for penalties and assessments under 
subsection (a), and for an exclusion under section 1128, for the 
actions of the principal's agent acting within the scope of the 
agency.''.
        (2) Conforming amendments.--Section 1128 of such Act (42 U.S.C. 
    1320a-7) is amended--
            (A) in subsection (b)(7), by striking ``or section 1128B'' 
        and inserting ``, 1128B, or 1129'';
            (B) in subsection (b)(8)(B)(ii), by inserting ``or 1129'' 
        after ``section 1128A''; and
            (C) in subsection (f)(3), by inserting ``, 1129,'' after 
        ``sections 1128A''.
        (3) Effective date.--The amendments made by this subsection 
    shall apply to conduct occurring on or after October 1, 1994.
    (c) SSI Fraud Considered a Felony.--
        (1) In general.--Section 1632(a) of the Social Security Act (42 
    U.S.C. 1383a(a)) is amended by striking ``shall'' the 1st place 
    such term appears and all that follows and inserting ``shall be 
    fined under title 18, United States Code, imprisoned not more than 
    5 years, or both.''.
        (2) Conforming amendment.--Section 1632(b) of such Act (42 
    U.S.C. 1383a(b)) is amended to read as follows:
    ``(b)(1) If a person or entity violates subsection (a) in the 
person's or entity's role as, or in applying to become, a 
representative payee under section 1631(a)(2) on behalf of another 
individual (other than the person's eligible spouse), and the violation 
includes a willful misuse of funds by the person or entity, the court 
may also require that full or partial restitution of funds be made to 
such other individual.
    ``(2) Any person or entity convicted of a violation of subsection 
(a) of this section or of section 208 may not be certified as a 
representative payee under section 1631(a)(2).''.
        (3) Effective date.--The amendments made by this subsection 
    shall apply to conduct occurring on or after October 1, 1994.
    (d) Authority To Redetermine Eligibility if Fraud Is Involved, and 
to Terminate Benefits if There is Insufficient Reliable Evidence.--
        (1) OASDI programs.--Section 205 of the Social Security Act (42 
    U.S.C. 405) is amended by adding at the end the following:
    ``(u)(1)(A) The Secretary shall immediately redetermine the 
entitlement of individuals to monthly insurance benefits under this 
title if there is reason to believe that fraud or similar fault was 
involved in the application of the individual for such benefits, unless 
a United States attorney, or equivalent State prosecutor, with 
jurisdiction over potential or actual related criminal cases, 
certifies, in writing, that there is a substantial risk that such 
action by the Secretary with regard to beneficiaries in a particular 
investigation would jeopardize the criminal prosecution of a person 
involved in a suspected fraud.
    ``(B) When redetermining the entitlement, or making an initial 
determination of entitlement, of an individual under this title, the 
Secretary shall disregard any evidence if there is reason to believe 
that fraud or similar fault was involved in the providing of such 
evidence.
    ``(2) For purposes of paragraph (1), similar fault is involved with 
respect to a determination if--
        ``(A) an incorrect or incomplete statement that is material to 
    the determination is knowingly made; or
        ``(B) information that is material to the determination is 
    knowingly concealed.
    ``(3) If, after redetermining pursuant to this subsection the 
entitlement of an individual to monthly insurance benefits, the 
Secretary determines that there is insufficient evidence to support 
such entitlement, the Secretary may terminate such entitlement and may 
treat benefits paid on the basis of such insufficient evidence as 
overpayments.''.
        (2) SSI program.--Section 1631(e) of such Act (42 U.S.C. 
    1383(e)) is amended by adding at the end the following:
    ``(6)(A)(i) The Secretary shall immediately redetermine the 
eligibility of an individual for benefits under this title if there is 
reason to believe that fraud or similar fault was involved in the 
application of the individual for such benefits, unless a United States 
attorney, or equivalent State prosecutor, with jurisdiction over 
potential or actual related criminal cases, certifies, in writing, that 
there is a substantial risk that such action by the Secretary with 
regard to recipients in a particular investigation would jeopardize the 
criminal prosecution of a person involved in a suspected fraud.
    ``(ii) When redetermining the eligibility, or making an initial 
determination of eligibility, of an individual for benefits under this 
title, the Secretary shall disregard any evidence if there is reason to 
believe that fraud or similar fault was involved in the providing of 
such evidence.
    ``(B) For purposes of subparagraph (A), similar fault is involved 
with respect to a determination if--
        ``(i) an incorrect or incomplete statement that is material to 
    the determination is knowingly made; or
        ``(ii) information that is material to the determination is 
    knowingly concealed.
    ``(C) If, after redetermining the eligibility of an individual for 
benefits under this title, the Secretary determines that there is 
insufficient evidence to support such eligibility, the Secretary may 
terminate such eligibility and may treat benefits paid on the basis of 
such insufficient evidence as overpayments.''.
        (3) Effective date.--The amendments made by this subsection 
    shall take effect on October 1, 1994, and shall apply to 
    determinations made before, on, or after such date.
    (e) Availability of Recipient Identifying Information From the 
Inspector General.--
        (1) In general.--Section 1129 of the Social Security Act (added 
    by subsection (b) of this section) is amended by adding at the end 
    the following:
    ``(l) As soon as the Inspector General, Department of Health and 
Human Services, has reason to believe that fraud was involved in the 
application of an individual for monthly insurance benefits under title 
II or for benefits under title XVI, the Inspector General shall make 
available to the Secretary information identifying the individual, 
unless a United States attorney, or equivalent State prosecutor, with 
jurisdiction over potential or actual related criminal cases, 
certifies, in writing, that there is a substantial risk that making the 
information so available in a particular investigation or redetermining 
the eligibility of the individual for such benefits would jeopardize 
the criminal prosecution of any person who is a subject of the 
investigation from which the information is derived.''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    take effect on October 1, 1994.
    (f) Authority to Use Available Preadmission Immigrant and Refugee 
Medical Information.--
        (1) In general.--Section 1631(e) of the Social Security Act (42 
    U.S.C. 1383(e)) as amended by subsection (d)(2) of this section, is 
    amended by adding at the end the following:
    ``(7)(A) The Secretary shall request the Immigration and 
Naturalization Service or the Centers for Disease Control to provide 
the Secretary with whatever medical information, identification 
information, and employment history either such entity has with respect 
to any alien who has applied for benefits under title XVI to the extent 
that the information is relevant to any determination relating to 
eligibility for such benefits under title XVI.
    ``(B) Subparagraph (A) shall not be construed to prevent the 
Secretary from adjudicating the case before receiving such 
information.''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    take effect on October 1, 1994.
    (g) Annual Reports on Reviews of OASDI and SSI Cases.--The 
Secretary of Health and Human Services shall annually 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 extent to which the 
Secretary has exercised his authority to review cases of entitlement to 
monthly insurance benefits under title II of the Social Security Act 
and supplemental security income cases under title XVI of such Act, and 
the extent to which the cases reviewed were those that involved a high 
likelihood or probability of fraud.
    SEC. 207. DISABILITY REVIEW REQUIRED FOR SSI RECIPIENTS WHO ARE 18 
      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).

SEC. 208. CONTINUING DISABILITY REVIEWS.

    (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).
    SEC. 209. EXEMPTION FROM ADJUSTMENT IN PASS-ALONG REQUIREMENTS.
    (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.

             TITLE III--MISCELLANEOUS PROGRAM IMPROVEMENTS

    SEC. 301. ISSUANCE OF PHYSICAL DOCUMENTS IN THE FORM OF BONDS, 
      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.
    SEC. 302. GAO STUDY REGARDING TELEPHONE ACCESS TO LOCAL OFFICES OF 
      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.
    SEC. 303. EXPANSION OF STATE OPTION TO EXCLUDE SERVICE OF ELECTION 
      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.
    SEC. 304. USE OF SOCIAL SECURITY NUMBERS BY STATES AND LOCAL 
      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.
    SEC. 305. AUTHORIZATION FOR ALL STATES TO EXTEND COVERAGE TO STATE 
      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.
    SEC. 306. LIMITED EXEMPTION FOR CANADIAN MINISTERS FROM CERTAIN 
      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.
    SEC. 307. EXCLUSION OF TOTALIZATION BENEFITS FROM THE APPLICATION 
      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.
    SEC. 308. EXCLUSION OF MILITARY RESERVISTS FROM APPLICATION OF THE 
      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.

SEC. 309. REPEAL OF THE FACILITY-OF-PAYMENT PROVISION.

    (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.

SEC. 310. MAXIMUM FAMILY BENEFITS IN GUARANTEE CASES.

    (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.
    SEC. 311. AUTHORIZATION FOR DISCLOSURE OF SOCIAL SECURITY 
      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.
    SEC. 312. MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO 
      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.
    SEC. 313. INCREASED PENALTIES FOR UNAUTHORIZED DISCLOSURE OF SOCIAL 
      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.
    SEC. 314. INCREASE IN AUTHORIZED PERIOD FOR EXTENSION OF TIME TO 
      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.
    SEC. 315. EXTENSION OF DISABILITY INSURANCE PROGRAM DEMONSTRATION 
      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.
    SEC. 316. CROSS-MATCHING OF SOCIAL SECURITY ACCOUNT NUMBER 
      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)''.
    SEC. 317. CERTAIN TRANSFERS TO RAILROAD RETIREMENT ACCOUNT MADE 
      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''.
    SEC. 318. AUTHORIZATION FOR USE OF SOCIAL SECURITY ACCOUNT NUMBERS 
      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.''.
    SEC. 319. COVERAGE UNDER FICA OF FEDERAL EMPLOYEES TRANSFERRED 
      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.
    SEC. 320. EXTENSION OF THE FICA TAX EXEMPTION AND CERTAIN TAX RULES 
      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.

SEC. 321. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Amendments to Title II of the Social Security Act.--
        (1) Section 201(a) of the Social Security Act (42 U.S.C. 
    401(a)) is amended, in the matter following clause (4), by striking 
    ``and and'' and inserting ``and''.
        (2) Section 202(d)(8)(D)(ii) of such Act (42 U.S.C. 
    402(d)(8)(D)(ii)) is amended by adding a period at the end, and by 
    adjusting the left hand margination thereof so as to align with 
    section 202(d)(8)(D)(i) of such Act.
        (3) Section 202(q)(1)(A) of such Act (42 U.S.C. 402(q)(1)(A)) 
    is amended by striking the dash at the end.
        (4) Section 202(q)(9) of such Act (42 U.S.C. 402(q)(9)) is 
    amended, in the matter preceding subparagraph (A), by striking 
    ``parargaph'' and inserting ``paragraph''.
        (5) Section 202(t)(4)(D) of such Act (42 U.S.C. 402(t)(4)(D)) 
    is amended by inserting ``if the'' before ``Secretary'' the second 
    and third places it appears.
        (6) Clauses (i) and (ii) of section 203(f)(5)(C) of such Act 
    (42 U.S.C. 403(f)(5)(C)) are amended by adjusting the left-hand 
    margination thereof so as to align with clauses (i) and (ii) of 
    section 203(f)(5)(B) of such Act.
        (7) Paragraph (3)(A) and paragraph (3)(B) of section 205(b) of 
    such Act (42 U.S.C. 405(b)) are amended by adjusting the left-hand 
    margination thereof so as to align with the matter following 
    section 205(b)(2)(C) of such Act.
        (8) Section 205(c)(2)(B)(iii) of such Act (42 U.S.C. 
    405(c)(2)(B)(iii)) is amended by striking ``non-public'' and 
    inserting ``nonpublic''.
        (9) Section 205(c)(2)(C) of such Act (42 U.S.C. 405(c)(2)(C)) 
    is amended--
            (A) by striking the clause (vii) added by section 2201(c) 
        of Public Law 101-624;
            (B) by redesignating the clause (iii) added by section 
        2201(b)(3) of Public Law 101-624, clause (iv), clause (v), 
        clause (vi), and the clause (vii) added by section 1735(b) of 
        Public Law 101-624 as clause (iv), clause (v), clause (vi), 
        clause (vii), and clause (viii), respectively;
            (C) in clause (v) (as redesignated), by striking 
        ``subclause (I) of'', and by striking ``subclause (II) of 
        clause (i)'' and inserting ``clause (ii)''; and
            (D) in clause (viii)(IV) (as redesignated), by inserting 
        ``a social security account number or'' before ``a request 
        for''.
        (10) The heading for section 205(j) of such Act (42 U.S.C. 
    405(j)) is amended to read as follows:

                       ``Representative Payees''.

        (11) The heading for section 205(s) of such Act (42 U.S.C. 
    405(s)) is amended to read as follows:

                        ``Notice Requirements''.

        (12) Section 208(c) of such Act (42 U.S.C. 408(c)) is amended 
    by striking ``subsection (g)'' and inserting ``subsection (a)(7)''.
        (13) Section 210(a)(5)(B)(i)(V) of such Act (42 U.S.C. 
    410(a)(5)(B)(i)(V)) is amended by striking ``section 105(e)(2)'' 
    and inserting ``section 104(e)(2)''.
        (14) Section 211(a) of such Act (42 U.S.C. 411(a)) is amended--
            (A) in paragraph (13), by striking ``and'' at the end; and
            (B) in paragraph (14), by striking the period and inserting 
        ``; and''.
        (15) Section 213(c) of such Act (42 U.S.C. 413(c)) is amended 
    by striking ``section'' the first place it appears and inserting 
    ``sections''.
        (16) Section 215(a)(5)(B)(i) of such Act (42 U.S.C. 
    415(a)(5)(B)(i)) is amended by striking ``subsection'' the second 
    place it appears and inserting ``subsections''.
        (17) Section 215(f)(7) of such Act (42 U.S.C. 415(f)(7)) is 
    amended by inserting a period after ``1990''.
        (18) Subparagraph (F) of section 218(c)(6) of such Act (42 
    U.S.C. 418(c)(6)) is amended by adjusting the left-hand margination 
    thereof so as to align with section 218(c)(6)(E) of such Act.
        (19) Section 223(i) of such Act (42 U.S.C. 423(i)) is amended 
    by adding at the beginning the following heading:

                ``Limitation on Payments to Prisoners''.

    (b) Related Amendments.--
        (1) Section 603(b)(5)(A) of Public Law 101-649 (amending 
    section 202(n)(1) of the Social Security Act) (104 Stat. 5085) is 
    amended by inserting ``under'' before ``paragraph (1),'' and by 
    striking ``(17), or (18)'' and inserting ``(17), (18), or (19)'', 
    effective as if this paragraph were included in such section 
    603(b)(5)(A).
        (2) Section 10208(b)(1) of Public Law 101-239 (amending section 
    230(b)(2)(A) of the Social Security Act) (103 Stat. 2477) is 
    amended by striking ``230(b)(2)(A)'' and ``430(b)(2)(A)'' and 
    inserting ``230(b)(2)'' and ``430(b)(2)'', respectively, effective 
    as if this paragraph were included in such section 10208(b)(1).
    (c) Conforming, Clerical Amendments Updating, Without Substantive 
Change, References in Title II of the Social Security Act to the 
Internal Revenue Code.--
        (1)(A)(i) Section 201(g)(1) of such Act (42 U.S.C. 401(g)(1)) 
    is amended--
            (I) in subparagraph (A)(i), by striking ``and subchapter 
        E'' and all that follows through ``1954'' and inserting ``and 
        chapters 2 and 21 of the Internal Revenue Code of 1986'';
            (II) in subparagraph (A)(ii), by striking ``1954'' and 
        inserting ``1986'';
            (III) in the matter in subparagraph (A) following clause 
        (ii), by striking ``subchapter E'' and all that follows through 
        ``1954.'' and inserting ``chapters 2 and 21 of the Internal 
        Revenue Code of 1986.'', and by striking ``1954 other'' and 
        inserting ``1986 other''; and
            (IV) in subparagraph (B), by striking ``1954'' each place 
        it appears and inserting ``1986''.
        (ii) The amendments made by clause (i) shall apply only with 
    respect to periods beginning on or after the date of the enactment 
    of this Act.
        (B)(i) Section 201(g)(2) of such Act (42 U.S.C. 401(g)(2)) is 
    amended by striking ``section 3101(a)'' and all that follows 
    through ``1950.'' and inserting ``section 3101(a) of the Internal 
    Revenue Code of 1986 which are subject to refund under section 
    6413(c) of such Code with respect to wages (as defined in section 
    3121 of such Code).'', and by striking ``wages reported'' and all 
    that follows through ``1954,'' and inserting ``wages reported to 
    the Secretary of the Treasury or his delegate pursuant to subtitle 
    F of such Code,''.
        (ii) The amendments made by clause (i) shall apply only with 
    respect to wages paid on or after January 1, 1995.
        (C) Section 201(g)(4) of such Act (42 U.S.C. 401(g)(4)) is 
    amended--
            (i) by striking ``The Board of Trustees shall prescribe 
        before January 1, 1981, the method'' and inserting ``If at any 
        time or times the Boards of Trustees of such Trust Funds deem 
        such action advisable, they may modify the method prescribed by 
        such Boards'';
            (ii) by striking ``1954'' and inserting ``1986''; and
            (iii) by striking the last sentence.
        (2) Section 202(v) of such Act (42 U.S.C. 402(v)) is amended--
            (A) in paragraph (1), by striking ``1954'' and inserting 
        ``1986''; and
            (B) in paragraph (3)(A), by inserting ``of the Internal 
        Revenue Code of 1986'' after ``3127''.
        (3) Section 205(c)(5)(F)(i) of such Act (42 U.S.C. 
    405(c)(5)(F)(i)) is amended by inserting ``or the Internal Revenue 
    Code of 1986'' after ``1954''.
        (4)(A) Section 209(a)(4)(A) of such Act (42 U.S.C. 
    409(a)(4)(A)) is amended by inserting ``or the Internal Revenue 
    Code of 1986'' after ``Internal Revenue Code of 1954''.
        (B) Section 209(a) of such Act (42 U.S.C. 409(a)) is amended--
            (i) in subparagraphs (C) and (E) of paragraph (4),
            (ii) in paragraph (5)(A),
            (iii) in subparagraphs (A) and (B) of paragraph (14),
            (iv) in paragraph (15),
            (v) in paragraph (16), and
            (vi) in paragraph (17),
    by striking ``1954'' each place it appears and inserting ``1986''.
        (C) Subsections (b), (f), (g), (i)(1), and (j) of section 209 
    of such Act (42 U.S.C. 409) are amended by striking ``1954'' each 
    place it appears and inserting ``1986''.
        (5) Section 211(a)(15) of such Act (42 U.S.C. 411(a)(15)) is 
    amended by inserting ``of the Internal Revenue Code of 1986'' after 
    ``section 162(m)''.
        (6) Title II of such Act is further amended--
            (A) in subsections (f)(5)(B)(ii) and (k) of section 203 (42 
        U.S.C. 403),
            (B) in section 205(c)(1)(D)(i) (42 U.S.C. 405(c)(1)(D)(i)),
            (C) in the matter in section 210(a) (42 U.S.C. 410(a)) 
        preceding paragraph (1) and in paragraphs (8), (9), and (10) of 
        section 210(a),
            (D) in subsections (p)(4) and (q) of section 210 (42 U.S.C. 
        410),
            (E) in the matter in section 211(a) (42 U.S.C. 411(a)) 
        preceding paragraph (1) and in paragraphs (3), (4), (6), (10), 
        (11), and (12) and clauses (iii) and (iv) of section 211(a),
            (F) in the matter in section 211(c) (42 U.S.C. 411(c)) 
        preceding paragraph (1), in paragraphs (3) and (6) of section 
        211(c), and in the matter following paragraph (6) of section 
        211(c),
            (G) in subsections (d), (e), and (h)(1)(B) of section 211 
        (42 U.S.C. 411),
            (H) in section 216(j) (42 U.S.C. 416(j)),
            (I) in section 218(e)(3) (42 U.S.C. 418(e)(3)),
            (J) in section 229(b) (42 U.S.C. 429(b)),
            (K) in section 230(c) (42 U.S.C. 430(c)), and
            (L) in section 232 (42 U.S.C. 432),
    by striking ``1954'' each place it appears and inserting ``1986''.
    (d) Rules of Construction.--
        (1) The preceding provisions of this section shall be construed 
    only as technical and clerical corrections and as reflecting the 
    original intent of the provisions amended thereby.
        (2) Any reference in title II of the Social Security Act to the 
    Internal Revenue Code of 1986 shall be construed to include a 
    reference to the Internal Revenue Code of 1954 to the extent 
    necessary to carry out the provisions of paragraph (1).
    (e) Utilization of National Average Wage Index for Wage-Based 
Adjustments.--
        (1) Definition of national average wage index.--Section 209(k) 
    of the Social Security Act (42 U.S.C. 409(k)) is amended--
            (A) by redesignating paragraph (2) as paragraph (3);
            (B) in paragraph (3) (as redesignated), by striking 
        ``paragraph (1)'' and inserting ``this subsection''; and
            (C) by striking paragraph (1) and inserting the following 
        new paragraphs:
    ``(k)(1) For purposes of sections 203(f)(8)(B)(ii), 213(d)(2)(B), 
215(a)(1)(B)(ii), 215(a)(1)(C)(ii), 215(a)(1)(D), 215(b)(3)(A)(ii), 
215(i)(1)(E), 215(i)(2)(C)(ii), 224(f)(2)(B), and 230(b)(2) (and 
230(b)(2) as in effect immediately prior to the enactment of the Social 
Security Amendments of 1977), the term `national average wage index' 
for any particular calendar year means, subject to regulations of the 
Secretary under paragraph (2), the average of the total wages for such 
particular calendar year.
    ``(2) The Secretary shall prescribe regulations under which the 
national average wage index for any calendar year shall be computed--
        ``(A) on the basis of amounts reported to the Secretary of the 
    Treasury or his delegate for such year,
        ``(B) by disregarding the limitation on wages specified in 
    subsection (a)(1),
        ``(C) with respect to calendar years after 1990, by 
    incorporating deferred compensation amounts and factoring in for 
    such years the rate of change from year to year in such amounts, in 
    a manner consistent with the requirements of section 10208 of the 
    Omnibus Budget Reconciliation Act of 1989, and
        ``(D) with respect to calendar years before 1978, in a manner 
    consistent with the manner in which the average of the total wages 
    for each of such calendar years was determined as provided by 
    applicable law as in effect for such years.''.
        (2) Conforming amendments.--
            (A) Section 213(d)(2)(B) of such Act (42 U.S.C. 
        413(d)(2)(B)) is amended by striking ``deemed average total 
        wages'' and inserting ``national average wage index'', and by 
        striking ``the average of the total wages'' and all that 
        follows and inserting ``the national average wage index (as so 
        defined) for 1976,''.
            (B) Section 215(a)(1)(B)(ii) of such Act (42 U.S.C. 
        415(a)(1)(B)(ii)) is amended--
                (i) in subclause (I), by striking ``deemed average 
            total wages'' and inserting ``national average wage 
            index''; and
                (ii) in subclause (II), by striking ``the average of 
            the total wages'' and all that follows and inserting ``the 
            national average wage index (as so defined) for 1977.''.
            (C) Section 215(a)(1)(C)(ii) of such Act (42 U.S.C. 
        415(a)(1)(C)(ii)) is amended by striking ``deemed average total 
        wages'' and inserting ``national average wage index''.
            (D) Section 215(a)(1)(D) of such Act (42 U.S.C. 
        415(a)(1)(D)) is amended--
                (i) by striking ``after 1978'';
                (ii) by striking ``and the average of the total wages 
            (as described in subparagraph (B)(ii)(I))'' and inserting 
            ``and the national average wage index (as defined in 
            section 209(k)(1))''; and
                (iii) by striking the last sentence.
            (E) Section 215(b)(3)(A)(ii) of such Act (42 U.S.C. 
        415(b)(3)(A)(ii)) is amended by striking ``deemed average total 
        wages'' each place it appears and inserting ``national average 
        wage index''.
            (F) Section 215(i)(1) of such Act (42 U.S.C. 415(i)(1)) is 
        amended--
                (i) in subparagraph (E), by striking ``SSA average wage 
            index'' and inserting ``national average wage index (as 
            defined in section 209(k)(1))''; and
                (ii) by striking subparagraph (G) and redesignating 
            subparagraph (H) as subparagraph (G).
            (G) Section 215(i)(2)(C)(ii) of such Act (42 U.S.C. 
        415(i)(1)(C)(ii)) is amended to read as follows:
    ``(ii) The Secretary shall determine and promulgate the OASDI fund 
ratio for the current calendar year on or before November 1 of the 
current calendar year, based upon the most recent data then available. 
The Secretary shall include a statement of the fund ratio and the 
national average wage index (as defined in section 209(k)(1)) and a 
statement of the effect such ratio and the level of such index may have 
upon benefit increases under this subsection in any notification made 
under clause (i) and any determination published under subparagraph 
(D).''.
            (H) Section 224(f)(2) of such Act (42 U.S.C. 424a(f)(2)) is 
        amended--
                (i) in subparagraph (A), by adding ``and'' at the end;
                (ii) by striking subparagraph (C); and
                (iii) by striking subparagraph (B) and inserting the 
            following:
        ``(B) the ratio of (i) the national average wage index (as 
    defined in section 209(k)(1)) for the calendar year before the year 
    in which such redetermination is made to (ii) the national average 
    wage index (as so defined) for the calendar year before the year in 
    which the reduction was first computed (but not counting any 
    reduction made in benefits for a previous period of disability).''.
    (f) Technical Corrections Related to OASDI in the Omnibus Budget 
Reconciliation Act of 1990.--
        (1) Amendments related to provisions in section 5103(b) 
    relating to disabled widows.--Section 223(f)(2) of the Social 
    Security Act (42 U.S.C. 423(f)(2)) is amended--
            (A) in subparagraph (A), by striking ``(in a case to which 
        clause (ii)(II) does not apply)''; and
            (B) by striking subparagraph (B)(ii) and inserting the 
        following:
                ``(ii) the individual is now able to engage in 
            substantial gainful activity; or''.
        (2) Amendments related to provisions in section 5105(d) 
    relating to representative payees.--
            (A) Title ii amendments.--Section 5105(d)(1)(A) of the 
        Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508) 
        is amended--
                (i) by striking ``Section 205(j)(5)'' and inserting 
            ``Section 205(j)(6)''; and
                (ii) by redesignating the paragraph (5) as amended 
            thereby as paragraph (6).
            (B) Title xvi amendments.--Section 1631(a)(2) of the Social 
        Security Act (42 U.S.C. 1383(a)(2)) is amended--
                (i) by redesignating subparagraphs (E) and (F) as 
            subparagraphs (F) and (G), respectively; and
                (ii) by inserting after subparagraph (D) the following:
    ``(E) Restitution.--In cases where the negligent failure of the 
Secretary to investigate or monitor a representative payee results in 
misuse of benefits by the representative payee, the Secretary shall 
make payment to the beneficiary or the beneficiary's representative 
payee of an amount equal to such misused benefits. The Secretary shall 
make a good faith effort to obtain restitution from the terminated 
representative payee.''.
        (3) Amendments related to provisions in section 5106 relating 
    to coordination of rules under titles ii and xvi governing fees for 
    representatives of claimants with entitlements under both titles.--
            (A) Calculation of fee of claimant's representative based 
        on amount of past-due supplemental security income benefits 
        after application of windfall offset provision.--Section 
        1631(d)(2)(A)(i) of the Social Security Act (as amended by 
        section 5106(a)(2) of the Omnibus Budget Reconciliation Act of 
        1990) (42 U.S.C. 1383(d)(2)(A)(i)) is amended to read as 
        follows:
        ``(i) by substituting, in subparagraphs (A)(ii)(I) and (C)(i), 
    the phrase `(as determined before any applicable reduction under 
    section 1631(g), and reduced by the amount of any reduction in 
    benefits under this title or title II made pursuant to section 
    1127(a))' for the parenthetical phrase contained therein; and''.
            (B) Calculation of past-due benefits for purposes of 
        determining attorney fees in judicial proceedings.--
                (i) In general.--Section 206(b)(1) of such Act (42 
            U.S.C. 406(b)(1)) is amended--

                    (I) by inserting ``(A)'' after ``(b)(1)''; and
                    (II) by adding at the end the following new 
                subparagraph:

    ``(B) For purposes of this paragraph--
        ``(i) the term `past-due benefits' excludes any benefits with 
    respect to which payment has been continued pursuant to subsection 
    (g) or (h) of section 223, and
        ``(ii) amounts of past-due benefits shall be determined before 
    any applicable reduction under section 1127(a).''.
                (ii) Protection from offsetting ssi benefits.--The last 
            sentence of section 1127(a) of such Act (as added by 
            section 5106(b) of the Omnibus Budget Reconciliation Act of 
            1990) (42 U.S.C. 1320a-6(a)) is amended by striking 
            ``section 206(a)(4)'' and inserting ``subsection (a)(4) or 
            (b) of section 206''.
        (4) Application of single dollar amount ceiling to concurrent 
    claims under titles ii and xvi.--
            (A) In general.--Section 206(a)(2) of such Act (as amended 
        by section 5106(a)(1) of the Omnibus Budget Reconciliation Act 
        of 1990) (42 U.S.C. 406(a)(2)) is amended--
                (i) by redesignating subparagraph (C) as subparagraph 
            (D); and
                (ii) by inserting after subparagraph (B) the following 
            new subparagraph:
    ``(C) In any case involving--
        ``(i) an agreement described in subparagraph (A) with any 
    person relating to both a claim of entitlement to past-due benefits 
    under this title and a claim of entitlement to past-due benefits 
    under title XVI, and
        ``(ii) a favorable determination made by the Secretary with 
    respect to both such claims,
the Secretary may approve such agreement only if the total fee or fees 
specified in such agreement does not exceed, in the aggregate, the 
dollar amount in effect under subparagraph (A)(ii)(II).''.
            (B) Conforming amendment.--Section 206(a)(3)(A) of such Act 
        (as amended by section 5106(a)(1) of the Omnibus Budget 
        Reconciliation Act of 1990) (42 U.S.C. 406(a)(3)(A)) is amended 
        by striking ``paragraph (2)(C)'' and inserting ``paragraph 
        (2)(D)''.
        (5) Effective date.--Each amendment made by this subsection 
    shall take effect as if included in the provisions of the Omnibus 
    Budget Reconciliation Act of 1990 to which such amendment relates, 
    except that the amendments made by paragraph (3)(B) shall apply 
    with respect to favorable judgments made after 180 days after the 
    date of the enactment of this Act.
    (g) Elimination of Rounding Distortion in the Calculation of the 
Old-Age, Survivors, and Disability Insurance Contribution and Benefit 
Base and the Earnings Test Exempt Amounts.--
        (1) Adjustment of oasdi contribution and benefit base.--
            (A) In general.--Section 230(b) of the Social Security Act 
        (42 U.S.C. 430(b)) is amended by striking paragraphs (1) and 
        (2) and inserting the following:
        ``(1) $60,600, and
        ``(2) the ratio of (A) the national average wage index (as 
    defined in section 209(k)(1)) for the calendar year before the 
    calendar year in which the determination under subsection (a) is 
    made to (B) the national average wage index (as so defined) for 
    1992,''.
            (B) Conforming amendment relating to applicable prior 
        law.--Section 230(d) of such Act (42 U.S.C. 430(d)) is amended 
        by striking ``(except that'' and all that follows through the 
        end and inserting ``(except that, for purposes of subsection 
        (b) of such section 230 as so in effect, the reference to the 
        contribution and benefit base in paragraph (1) of such 
        subsection (b) shall be deemed a reference to an amount equal 
        to $45,000, each reference in paragraph (2) of such subsection 
        (b) to the average of the wages of all employees as reported to 
        the Secretary of the Treasury shall be deemed a reference to 
        the national average wage index (as defined in section 
        209(k)(1)), the reference to a preceding calendar year in 
        paragraph (2)(A) of such subsection (b) shall be deemed a 
        reference to the calendar year before the calendar year in 
        which the determination under subsection (a) of such section 
        230 is made, and the reference to a calendar year in paragraph 
        (2)(B) of such subsection (b) shall be deemed a reference to 
        1992).''.
            (C) Adjustment of contribution and benefit base applicable 
        in determining years of coverage for purposes of special 
        minimum primary insurance amount.--Section 215(a)(1)(C)(ii) of 
        such Act is amended by striking ``(except that'' and all that 
        follows through the end and inserting ``(except that, for 
        purposes of subsection (b) of such section 230 as so in effect, 
        the reference to the contribution and benefit base in paragraph 
        (1) of such subsection (b) shall be deemed a reference to an 
        amount equal to $45,000, each reference in paragraph (2) of 
        such subsection (b) to the average of the wages of all 
        employees as reported to the Secretary of the Treasury shall be 
        deemed a reference to the national average wage index (as 
        defined in section 209(k)(1)), the reference to a preceding 
        calendar year in paragraph (2)(A) of such subsection (b) shall 
        be deemed a reference to the calendar year before the calendar 
        year in which the determination under subsection (a) of such 
        section 230 is made, and the reference to a calendar year in 
        paragraph (2)(B) of such subsection (b) shall be deemed a 
        reference to 1992).''.
        (2) Adjustment of earnings test exempt amount.--Section 
    203(f)(8)(B)(ii) of the Social Security Act (42 U.S.C. 
    403(f)(8)(B)(ii)) is amended to read as follows:
            ``(ii) the product of the corresponding exempt amount which 
        is in effect with respect to months in the taxable year ending 
        after 1993 and before 1995, and the ratio of--
                ``(I) the national average wage index (as defined in 
            section 209(k)(1)) for the calendar year before the 
            calendar year in which the determination under subparagraph 
            (A) is made, to
                ``(II) the national average wage index (as so defined) 
            for 1992,
        with such product, if not a multiple of $10, being rounded to 
        the next higher multiple of $10 where such product is a 
        multiple of $5 but not of $10 and to the nearest multiple of 
        $10 in any other case.''.
        (3) Effective dates.--
            (A) The amendments made by paragraph (1) shall be effective 
        with respect to the determination of the contribution and 
        benefit base for years after 1994.
            (B) The amendment made by paragraph (2) shall be effective 
        with respect to the determination of the exempt amounts 
        applicable to any taxable year ending after 1994.
    (h) Technical Amendments to Title XVI.--(1) Section 1631 of the 
Social Security Act (42 U.S.C. 1383) is amended--
        (A) in the 1st subsection (n), by striking ``subsection'' and 
    inserting ``title''; and
        (B) by redesignating the 2nd subsection (n) as sub-Psection 
    (o).
    (2) Section 1613(a) of such Act (42 U.S.C. 1382b(a)) is amended--
        (A) by striking ``and'' at the end of paragraph (9);
        (B) by striking the period at the end of the 1st paragraph (10) 
    and inserting ``; and''; and
        (C) by redesignating the 2nd paragraph (10) as para-Pgraph 
    (11).
    (3) Effective date.--The amendments made by this subsection shall 
take effect on the date of the enactment of this Act.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.