[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1560 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1560

   To establish the Social Security Administration as an independent 
                    agency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 18 (legislative day, October 13), 1993

 Mr. Moynihan (for himself, Mr. Packwood, Mr. Mitchell, Mr. Pryor, Mr. 
 Grassley, Mr. Bradley, Mr. Riegle, Mr. Rockefeller, Mr. Hatfield, Mr. 
 Jeffords, and Ms. Mikulski) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To establish the Social Security Administration as an independent 
                    agency, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENT OF SOCIAL SECURITY ACT; TABLE OF 
              CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Social Security 
Administration Independence Act of 1993''.
    (b) Amendment of Social Security Act.--Except as otherwise 
expressly provided, whenever in this Act an amendment is expressed in 
terms of an amendment to or repeal of, a section or other provision, 
the reference shall be considered to be made to that section or other 
provision of the Social Security Act.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; amendment of Social Security Act; table of 
                            contents.
            TITLE I--ESTABLISHMENT OF NEW INDEPENDENT AGENCY

Sec. 101. Establishment of Social Security Administration as a 
                            separate, independent agency.
Sec. 102. Commissioner and Deputy Commissioner of Social Security.
Sec. 103. Social Security Advisory Board.
Sec. 104. Personnel; budgetary matters; seal of office.
Sec. 105. Transfers to the new Social Security Administration.
Sec. 106. Transitional rules.
Sec. 107. Effective dates.
                    TITLE II--CONFORMING AMENDMENTS

Sec. 201. Amendments to titles II and XVI of the Social Security Act.
Sec. 202. Other amendments.
Sec. 203. Rules of construction.
Sec. 204. Effective dates.

            TITLE I--ESTABLISHMENT OF NEW INDEPENDENT AGENCY

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

    Section 701 (42 U.S.C. 901) is amended to read as follows:

                    ``social security administration

    ``Sec. 701. There is hereby established, as an independent agency 
in the executive branch of the Government, a Social Security 
Administration (hereafter in this title referred to as the 
`Administration'). It shall be the duty of the Administration to 
administer the old-age, survivors, and disability insurance program 
under title II and the supplemental security income program under title 
XVI.''.

SEC. 102. COMMISSIONER AND DEPUTY COMMISSIONER OF SOCIAL SECURITY.

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

                 ``commissioner and deputy commissioner

                   ``Commissioner of Social Security

    ``Sec. 702. (a)(1) There shall be in the Administration a 
Commissioner of Social Security (hereafter in this title referred to as 
the `Commissioner') who shall be appointed by the President, with the 
advice and consent of the Senate.
    ``(2) The Commissioner shall be compensated at the rate provided 
for level I of the Executive Schedule.
    ``(3) The Commissioner shall be appointed for a term of 4 years 
coincident with the term of the President, or until the appointment of 
a qualified successor.
    ``(4) The Commissioner shall be responsible for the 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 (hereafter 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 shall be available to the public.

                ``Deputy Commissioner of Social Security

    ``(b)(1) There shall be in the Administration a Deputy Commissioner 
of Social Security (hereafter in this title referred to as the `Deputy 
Commissioner') who shall be appointed by the President, with the advice 
and consent of the Senate.
    ``(2) The Deputy Commissioner shall be appointed for a term of 4 
years coincident with the term of the Commissioner, or until the 
appointment of a qualified successor.
    ``(3) The Deputy Commissioner shall be compensated at the rate 
provided for level II of the Executive Schedule.
    ``(4) The Deputy Commissioner shall perform such 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.''.

SEC. 103. SOCIAL SECURITY ADVISORY BOARD.

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

                    ``social security advisory board

                        ``Establishment of Board

    ``Sec. 703. (a) There shall be established a Social Security 
Advisory Board (hereinafter referred to as the `Board').

                        ``Functions of the Board

    ``(b) The Board shall advise the 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 to the President of candidates 
        to consider in selecting nominees for the position of 
        Commissioner and Deputy Commissioner;
            ``(5) reviewing and assessing the quality of service that 
        the Administration provides to the public;
            ``(6) reviewing and making recommendations with respect to 
        policies and regulations regarding the old-age, survivors, and 
        disability insurance program and the supplemental security 
        income program;
            ``(7) increasing public understanding of the social 
        security system;
            ``(8) in consultation with the Commissioner, reviewing the 
        development and implementation of a long-range research and 
        program evaluation plan for the Administration;
            ``(9) reviewing and assessing any major studies of social 
        security as may come to the attention of the Board; and
            ``(10) conducting such other reviews and assessments that 
        the Board determines to be appropriate.

                ``Structure and Membership of the Board

    ``(c) The Board shall be composed of 7 members who shall be 
appointed as follows:
            ``(1) 3 members shall be appointed by the President, with 
        the advice and consent of the Senate. Not more than 2 of such 
        members shall be from the same political party.
            ``(2) 2 members (each member from a different political 
        party) shall be appointed by the President pro tempore of the 
        Senate with the advice of the Chairman and the Ranking Minority 
        Member of the Senate Committee on Finance.
            ``(3) 2 members (each member from a different political 
        party) shall be appointed by the Speaker of the House of 
        Representatives, with the advice of the Chairman and the 
        Ranking Minority Member of the House Committee on Ways and 
        Means.

                         ``Terms of Appointment

    ``(d) Each member of the Board shall serve for a term of 6 years, 
except that--
            ``(1) a member appointed to fill a vacancy occurring prior 
        to the expiration of the term for which a predecessor was 
        appointed, shall be appointed for the remainder of such term; 
        and
            ``(2) the terms of service of the members initially 
        appointed under this section shall expire as follows:
                    ``(A) 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) 4 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) 3 years; and
                            ``(ii) 5 years.

                               ``Chairman

    ``(e) A member of the Board shall be designated by the President to 
serve as Chairman for a term of 4 years, coincident with the term of 
the President, or until the designation of a successor.

                             ``Compensation

    ``(f) Members of the Board shall be compensated as follows:
            ``(1) Members shall be paid at a rate equal to 25 percent 
        of the rate for level III of the Executive Schedule.
            ``(2) For days when the Board or any authorized 
        subcommittee of the Board meets, members who attend meetings on 
        such days (including travel time) shall receive additional 
        compensation in an amount equal to the daily equivalent of the 
        rate for level III of the Executive Schedule.
            ``(3) While serving on business of the Board away from 
        their homes or regular places of business, members may be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, as authorized by section 5703 of title 5, United 
        States Code, for persons in the Government employed 
        intermittently.
            ``(4) Service on the Board shall not be treated as Federal 
        service or employment for purposes of receiving any benefits 
        under chapters 83, 84, and 87 of title 5, United States Code.
            ``(5) A member of the Board may elect coverage of a health 
        benefits plan under chapter 89 of title 5, United States Code. 
        Such a member electing coverage shall have the applicable 
        employee contributions under section 8906 of such title 
        withheld from pay for service as a member of the Board. The 
        Administration shall pay the applicable Government 
        contributions under such section 8906 for such member. The 
        Office of Personnel Management shall promulgate regulations to 
        apply the provisions of chapter 89 of such title to Board 
        members electing coverage as provided under this paragraph.

                               ``Meetings

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

                    ``Federal Advisory Committee Act

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

                              ``Personnel

    ``(i)(1) The Board shall, without regard to title 5, United States 
Code, appoint a Staff Director who shall be paid at a rate equivalent 
to a rate for the Senior Executive Service.
    ``(2) The Board is authorized, without regard to title 5, United 
States Code, to appoint and fix the compensation of such additional 
personnel as the Board determines to be necessary to carry out the 
functions of the Board.
    ``(3) In fixing the compensation of additional personnel under 
paragraph (2), the Board shall not authorize that any individual 
appointed under such paragraph be compensated at a rate that is greater 
than the rate of compensation of the Staff Director described in 
paragraph (1).

                    ``Authorization of Appropriation

    ``(j) There are authorized to be made available for expenditure, 
out of the Federal Disability Insurance Trust Fund, the Federal Old Age 
and Survivors Insurance Trust Fund, and the general fund in the 
Treasury, such sums as the Congress may deem appropriate to carry out 
the purposes of this section.''.

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

    Section 704 is amended to read as follows:

              ``administrative duties of the commissioner

                              ``Personnel

    ``Sec. 704. (a)(1) The Commissioner shall appoint such additional 
officers and employees as the Commissioner considers necessary to carry 
out the functions of the Administration under this Act. Except as 
otherwise provided in any other provision of law, such officers and 
employees shall be appointed, and their compensation shall be fixed, in 
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 
Administration Independence Act of 1993 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)(1). The total number of such positions authorized for 
the Administration shall not at any time be less than the number of 
such authorized positions as of immediately before such date.

                           ``Budgetary Matters

    ``(b)(1) Appropriations requests for staffing and personnel of the 
Administration shall be based upon a comprehensive work force plan, 
which shall be established and revised from time to time by the 
Commissioner.
    ``(2) Appropriations for administrative expenses of the 
Administration are authorized to be provided on a biennial basis.
    ``(3) Funds appropriated for the Administration to be available on 
a contingency basis shall be apportioned upon the occurrence of the 
stipulated contingency, as determined by the Commissioner and reported 
to the Congress.

                        ``Employment Restriction

    ``(c) The number of positions in the Administration which may be 
excepted from the competitive service, on a temporary or permanent 
basis, because of the confidential or policy-determining character of 
such positions, may not exceed at any time the equivalent of 10 full-
time positions.

                            ``Seal of Office

    ``(d) The Commissioner shall cause a seal of office to be made for 
the Administration of such design as the Commissioner shall approve. 
Judicial notice shall be taken of such seal.''.

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

    (a) Functions.--There are transferred to the Social Security 
Administration all functions carried out by the Secretary of Health and 
Human Services with respect to the programs and activities the 
administration of which is vested in the Social Security Administration 
by reason of this 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).
    (b) Personnel, Assets, Etc.--(1) There are transferred from the 
Department of Health and Human Services to the Social Security 
Administration, for appropriate allocation by the 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 transferred pursuant to this subsection shall 
be used only for the purposes for which the funds were originally 
authorized and appropriated.
    (3) Any individual who is an employee of the Department and who was 
not employed on the date of the enactment of this title, in connection 
with functions transferred by this title to the Administration, but who 
was so employed on the day before the date established pursuant to 
section 107(a), may be transferred from the Department of Health and 
Human Services to the Social Security Administration by the 
Commissioner under subparagraph (A) of paragraph (1), after 
consultation with the Secretary of Health and Human Services, if the 
Commissioner determines such transfer to be appropriate.
    (4) Any individual who is an employee of the Department and who was 
employed on the date of the enactment of this title, solely in 
connection with functions transferred by this title to the 
Administration, and who was so employed on the day before the date 
established pursuant to section 107(a), shall be transferred from the 
Department of Health and Human Services to the Social Security 
Administration.
    (c) Abolishment of Office of Commissioner in the Department of 
Health and Human Services.--Effective upon the appointment of a 
Commissioner of Social Security pursuant to section 702 of the Social 
Security Act (as amended by this title)--
            (1) the position of Commissioner of Social Security in the 
        Department of Health and Human Services is abolished; and
            (2) section 5315 of title 5, United States Code, is amended 
        by striking the following:
            ``Commissioner of Social Security, Department of Health and 
        Human Services.''.

SEC. 106. TRANSITIONAL RULES.

    (a) Transition Director.--(1) Within 30 days after the date of the 
enactment of this Act, a transition director shall be appointed by the 
President, who shall be selected on the basis of experience and 
knowledge of the operation of the Government.
    (2) The transition director shall conduct activities necessary to 
ensure the transition of the Social Security Administration to the 
status of an independent agency in the executive branch of the 
Government. In conducting such activities before the appointment of the 
Commissioner of Social Security, the transition director shall consult 
regularly with the Director of the Office of Management and Budget. 
Upon such appointment, the transition director shall conduct such 
activities at the direction of the Commissioner of Social Security.
    (3) The transition director shall be compensated at the rate 
provided for level IV of the Executive Schedule.
    (4) Expenditures to carry out the purposes of this subsection shall 
be made out of the Federal Old Age and Survivors Insurance Trust Fund 
and the Federal Disability Insurance Trust Fund.
    (b) Interim Authority for Appointment and Compensation.--
            (1) Appointment of commissioner.--Within 60 days of the 
        date of the enactment of this title, the Commissioner of Social 
        Security shall be appointed by the President pursuant to 
        section 702 of the Social Security Act (as amended by this 
        title). If the appointment is made pursuant to such section 
        before the date established pursuant to section 107(a), the 
        Commissioner of Social Security shall also perform the duties 
        assigned to the Commissioner of Social Security in the 
        Department of Health and Human Services.
            (2) Other appointments.--At any time on or after the date 
        of the enactment of this title any of the other officers 
        provided for in sections 702 and 703 of the Social Security Act 
        (as amended by this title) may be nominated and appointed, as 
        provided in such sections.
            (3) Compensation.--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 appointed pursuant to this subsection 
        until such time as funds for that purpose are otherwise 
        available.
    (c) Continuation of Orders, Determinations, Rules, Regulations, 
Etc.--All orders, determinations, rules, regulations, permits, 
contracts, collective bargaining agreements (and ongoing negotiations 
relating to such 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 the date 
        established pursuant to section 107(a),
shall (to the extent that they relate to functions described in 
paragraph (1)(B)) continue in effect according to their terms until 
modified, terminated, suspended, set aside, or repealed by such 
Commissioner, except that any collective bargaining agreement shall 
remain in effect until the date of termination specified in such 
agreement.
    (d) Continuation of Proceedings.--The provisions of this title 
(including the amendments made thereby) shall not affect any proceeding 
pending before the Secretary of Health and Human Services immediately 
before the date established pursuant to section 107(a), with respect to 
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.
    (e) Continuation of Suits.--Except as provided in this subsection--
            (1) the provisions of this title shall not affect suits 
        commenced before the date established pursuant to section 
        107(a); and
            (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. Causes of action, suits, 
actions, or other proceedings may be asserted by or against the United 
States and the Social Security Administration, or such official of such 
Administration as may be appropriate, and, in any litigation pending 
immediately before the date established pursuant to section 107(a), the 
court may at any time, on the court's own motion or that of a party, 
enter an order which will give effect to the provisions of this 
subsection (including, where appropriate, an order for substitution of 
parties).
    (f) Continuation of Penalties.--This title shall not have the 
effect of releasing or extinguishing any criminal prosecution, penalty, 
forfeiture, or liability incurred as a result of any function which (by 
reason of this title, the amendments made thereby, and regulations 
prescribed thereunder) is vested in the Commissioner of Social 
Security.
    (g) Judicial Review.--Orders and actions of the Commissioner of 
Social Security in the exercise of functions vested in such 
Commissioner under this title (and the amendments made thereby) shall 
be subject to judicial 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 the date established pursuant to section 
107(a). 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.
    (h) Exercise of Functions.--In the exercise of the functions vested 
in the Commissioner of Social Security under this title, the amendments 
made thereby, and 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.
    (i) Report.--Within 120 days of the date of the enactment of this 
title, the transition director and the Commissioner of Social Security 
shall report to the Congress on the status of the transition to an 
independent Social Security Administration, and on any significant 
internal restructuring or management improvements that are proposed to 
be undertaken.

SEC. 107. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), this title, 
and the amendments made by such title shall take effect on the earlier 
of--
            (1) the date which is 180 days after the date of the 
        enactment of this Act, or
            (2) a date designated by the President.
    (b) Transitional Rules.--Section 106 shall take effect on the date 
of the enactment of this title.

                    TITLE II--CONFORMING AMENDMENTS

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

    (a) In General.--Title II (42 U.S.C. 401 et seq.) (other than 
section 201, section 218(d), section 231(c), section 226, and section 
226A) and title XVI (42 U.S.C. 1382 et seq.) (other than sections 
1614(f)(2)(B) and 1616(e)(3)) are each amended--
            (1) by striking, wherever it appears therein, ``Secretary 
        of Health and Human Services'' and inserting ``Commissioner of 
        Social Security'';
            (2) by striking, wherever it appears therein, ``Department 
        of Health and Human Services'' and inserting ``Social Security 
        Administration'';
            (3) by striking, wherever it appears therein, 
        ``Department'' (but only if it is not immediately succeeded by 
        the words ``of Health and Human Services'', and only if it is 
        used in reference to the Department of Health and Human 
        Services) and inserting ``Administration'';
            (4) by striking, wherever it appears therein, 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''; and
            (5) by striking, wherever it appears therein, ``Internal 
        Revenue Code of 1954'' and inserting ``Internal Revenue Code of 
        1986''.
    (b) Amendments to Section 201.--(1)(A) Sections 201(a)(3), 
201(a)(4), 201(b)(1), and 201(b)(2) (42 U.S.C. 401(a)(3), 401(a)(4), 
401(b)(1), and 401(b)(2), respectively) are each amended by striking 
``Secretary of Health and Human Services'' each place it appears and 
inserting ``Commissioner of Social Security''; and
    (B) Sections 201(a)(3) and 201(b)(1) (42 U.S.C. 401(a)(3) and 
401(b)(1), respectively) are each amended by striking ``such 
Secretary'' and inserting ``such Commissioner''.
    (2) Section 201(c) (42 U.S.C. 401(c)) is amended--
            (A) in the first sentence, by striking ``shall be composed 
        of'' and all that follows down through ``ex officio'' and 
        inserting the following: ``shall be composed of the 
        Commissioner of Social Security, the Secretary of the Treasury, 
        and the Secretary of Health and Human Services, all ex 
        officio''; and
            (B) in the fifth sentence, by striking ``The Commissioner 
        of Social Security'' and inserting ``The Deputy Commissioner of 
        Social Security''.
    (3) Section 201(g)(1)(A) (42 U.S.C. 401(g)(1)(A)) is amended--
            (A) in clause (i), by striking ``by him and the Secretary 
        of Health and Human Services'' and inserting ``by him, the 
        Commissioner of Social Security, and the Secretary of Health 
        and Human Services'', and by striking ``by the Department of 
        Health and Human Services and the Treasury Department'' and 
        inserting ``by the Social Security Administration, the 
        Department of Health and Human Services, and the Department of 
        the Treasury'';
            (B) in clause (ii), by striking ``method prescribed by the 
        Board of Trustees under paragraph (4)'' and inserting 
        ``applicable method prescribed under paragraph (4)'', by 
        striking ``the Secretary of Health and Human Services'' and 
        inserting ``the Commissioner of Social Security and the 
        Secretary of Health and Human Services'', and by striking ``the 
        Department of Health and Human Services'' and inserting ``the 
        Social Security Administration and the Department of Health and 
        Human Services''; and
            (C) by striking the last sentence and inserting the 
        following: ``There are hereby authorized to be made available 
        for expenditure, out of any or all of the Trust Funds, such 
        amounts as the Congress may deem appropriate to pay the costs 
        of the part of the administration of this title and title XVI 
        for which 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) Section 201(g)(1) (42 U.S.C. 401(g)(1)) is further amended by 
striking subparagraph (B) and inserting the following new 
subparagraphs:
    ``(B) After the close of each fiscal year--
            ``(i) the Commissioner of Social Security shall determine 
        (I) the portion of the costs, incurred during such fiscal year, 
        of administration of this title and title XVI and of carrying 
        out the functions of the 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 in the Treasury, (II) the portion of such costs which 
        should have been borne by the Federal Old-Age and Survivors 
        Insurance Trust Fund, and (III) the portion of such costs which 
        should have been borne by the Federal Disability Insurance 
        Trust Fund, and
            ``(ii) the Secretary of Health and Human Services shall 
        determine (I) the portion of the costs, incurred during such 
        fiscal year, of administration of title XVIII which should have 
        been borne by the general fund in the Treasury, (II) the 
        portion of such costs which should have been borne by the 
        Federal Hospital Insurance Trust Fund, and (III) the portion of 
        such costs which should have been borne by the Federal 
        Supplementary Medical Insurance Trust Fund,
except that the determination of the amounts to be borne by the general 
fund in the Treasury with respect to expenditures incurred in carrying 
out such functions specified in section 232 shall be made pursuant to 
the applicable method prescribed under paragraph (4) of this 
subsection.
    ``(C) After the determinations under subparagraph (B) have been 
made for any fiscal year, the Commissioner of Social Security and the 
Secretary of Health and Human Services shall jointly certify to the 
Managing Trustee the amounts, if any, which should be transferred from 
one to any of the other of such Trust Funds and the amounts, if any, 
which should be transferred between the Trust Funds (or one of the 
Trust Funds) and the general fund in the Treasury, in order to ensure 
that each of the Trust Funds and the general fund in the Treasury have 
borne their proper share of the costs, incurred during such fiscal 
year, for (i) the part of the administration of this title and title 
XVI for which the Commissioner of Social Security is responsible, (ii) 
the part of the administration of this title and title XVIII for which 
the Secretary of Health and Human Services is responsible, and (iii) 
carrying out the functions of the Social Security Administration, 
specified in section 232, which relate to the administration of 
provisions of the Internal Revenue Code of 1986 (other than those 
referred to in clause (i) of the first sentence of subparagraph (A)). 
The Managing Trustee shall transfer any such amounts in accordance with 
any certification so made.''.
    (5) Section 201(g)(2) (42 U.S.C. 401(g)(2)) is 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) (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 Administration 
Independence Act of 1993 for determining the costs which should be 
borne by the general fund in the Treasury of carrying out the functions 
of the Social Security Administration, specified in section 232, which 
relate to the administration of provisions of the Internal Revenue Code 
of 1986 (other than those referred to in clause (i) of the first 
sentence of paragraph (1)(A)). If at any time or times thereafter the 
Boards of Trustees of such Trust Funds consider such action advisable, 
such Boards may modify the method of determining such costs.''.
    (7) Section 201(i)(1) (42 U.S.C. 401(i)(1)) is amended to read as 
follows:
    ``(i)(1) The Managing Trustee may accept on behalf of the United 
States money gifts and bequests made 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 (42 U.S.C. 401) are each 
amended by striking ``Secretary'' each place it appears and inserting 
``Commissioner of Social Security''.
    (9) Section 201(l)(3)(B)(iii)(II) (42 U.S.C. 401(l)(3)(B)(iii)(II)) 
is amended by striking ``Secretary'' and inserting ``Commissioner of 
Social Security''.
    (10) Section 201(m)(3) (42 U.S.C. 401(m)(3)) is amended by striking 
``Secretary of Health and Human Services'' and inserting ``Commissioner 
of Social Security''.
    (11) Section 201 (42 U.S.C. 401) is amended by striking ``Internal 
Revenue Code of 1954'' each place it appears and inserting ``Internal 
Revenue Code of 1986''.
    (c) Amendments to Section 218.--Section 218(d) (42 U.S.C. 418(d)) 
is amended by striking ``Secretary'' each place it appears in 
paragraphs (3) and (7) and inserting ``Commissioner of Social 
Security''.
    (d) Amendment to Section 231.--Section 231(c) (42 U.S.C. 431(c)) is 
amended by striking ``Secretary determines'' and inserting 
``Commissioner of Social Security and the Secretary jointly 
determine''.

SEC. 202. OTHER AMENDMENTS.

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

                  ``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.''.
    (2) Section 706 (42 U.S.C. 907) is amended--
            (A) in subsection (a), by striking ``Advisory Council on 
        Social Security'' and all that follows through ``disability 
        insurance program and'' and inserting ``Advisory Council on 
        Hospital and Supplementary Medical Insurance for the purpose of 
        reviewing the status of the Federal Hospital Insurance Trust 
        Fund and the Federal Supplementary Medical Insurance Trust Fund 
        in relation to the long-term commitments of'';
            (B) in subsection (d), by striking paragraph (1) and by 
        redesignating paragraphs (2) and (3) as paragraphs (1) and (2), 
        respectively, and
            (C) by striking the section heading and inserting the 
        following:

 ``advisory council on hospital and supplementary medical insurance''.

    (3) Paragraph (2) of section 709(b) (42 U.S.C. 910(b)) is amended 
by striking ``(as estimated by the Secretary)'' 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)''.
    (4) Sections 709 and 710 (42 U.S.C. 910 and 911) are amended by 
striking ``Internal Revenue Code of 1954'' each place it appears and 
inserting ``Internal Revenue Code of 1986''.
    (b) Amendments to Title XI.--(1) Section 1101(a) (42 U.S.C. 
1301(a)) is amended by adding at the end the following new paragraph:
            ``(10) The term `Administration' means the Social Security 
        Administration, except where the context requires otherwise.''.
    (2) Section 1106(a) (42 U.S.C. 1306(a)) is amended--
            (A) by inserting ``(1)'' after ``(a)'';
            (B) by striking ``Department of Health and Human Services'' 
        each place it appears and inserting ``applicable agency'';
            (C) by striking ``Secretary'' each place it 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) (42 U.S.C. 1306(b)) is 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) (42 U.S.C. 1306(c)) is amended--
            (A) by striking ``the Secretary'' the first place it 
        appears and inserting ``the Commissioner of Social Security or 
        the Secretary''; and
            (B) by striking ``the Secretary'' each subsequent place it 
        appears and inserting ``such Commissioner or Secretary''.
    (5) Section 1107(b) (42 U.S.C. 1307(b)) is amended by striking 
``the Secretary of Health and Human Services'' and inserting ``the 
Commissioner of Social Security or the Secretary''.
    (6) Section 1110 (42 U.S.C. 1310) is amended--
            (A) in subsection (a)(2), by inserting ``(or the 
        Commissioner, with respect to any jointly financed cooperative 
        agreement or grant concerning titles II or XVI)'' after 
        ``Secretary'';
            (B) in subsection (b)--
                    (i) by striking ``Secretary'' each place it appears 
                and inserting ``Commissioner'', and
                    (ii) by striking ``the Secretary's'' each place it 
                appears and inserting ``the Commissioner's''; and
            (C) by striking ``he'', ``his'', ``him'', and ``himself'' 
        each place they appear (except in subsection (b)(2)(A)) and 
        inserting ``the Commissioner'', ``the Commissioner's'', ``the 
        Commissioner'', and ``himself or herself'', respectively.
    (7) Subsections (b) and (c) of section 1127 (42 U.S.C. 1320a-6) are 
each amended by striking ``Secretary'' and inserting ``Commissioner of 
Social Security''.
    (8) Section 1128(f) (42 U.S.C. 1320a-7(f)) is amended by inserting 
after ``section 205(g)'' the following: ``, except that, in so applying 
such sections and section 205(l), any reference therein to the 
Commissioner of Social Security or the Social Security Administration 
shall be considered a reference to the Secretary or the Department of 
Health and Human Services, respectively''.
    (9) Section 1131 (42 U.S.C. 1320b-1) is amended--
            (A) by striking ``Secretary'' each place it 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) by striking ``he'' in the matter in subsection (a) 
        following paragraph (3) (as so redesignated) and inserting 
        ``the Commissioner of Social Security''.
    (10) Section 1155 (42 U.S.C. 1320c-4) is amended by striking ``(to 
the same extent as is provided in section 205(b))'' and all that 
follows and inserting ``(to the same extent as beneficiaries under 
title II are entitled to a 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.''.
    (11) Sections 1101, 1106, 1107, and 1137 (42 U.S.C. 1301, 1306, 
1307, and 1320b-7, respectively) are amended by striking ``Internal 
Revenue Code of 1954'' each place it appears and inserting ``Internal 
Revenue Code of 1986''.
    (c) Amendments to Title XVIII.--(1) Subsections (a) and (f) of 
section 1817 (42 U.S.C. 1395i) are amended by striking ``Secretary of 
Health and Human Services'' each place it appears and inserting 
``Commissioner of Social Security''.
    (2) Section 1840(a) (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 1872 (42 U.S.C. 1395ii) is amended by inserting after 
``title II'' the following: ``, except that, in applying such 
provisions with respect to this title, any 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''.
    (4) Section 1869(b)(1) (42 U.S.C. 1395ff(b)(1)) and the last 
sentence of section 1876(c)(5)(B) (42 U.S.C. 1395mm(c)(5)(B)) are 
amended by inserting after ``section 205(g)'' the following: ``, except 
that, in so applying such sections and section 205(l), any reference 
therein to the Commissioner of Social Security or the Social Security 
Administration shall be considered a reference to the Secretary or the 
Department of Health and Human Services, respectively''.
    (5) Sections 1817, 1862, and 1886 (42 U.S.C. 1395i, 1395y, and 
1395ww, respectively) are amended by striking ``Internal Revenue Code 
of 1954'' each place it appears and inserting ``Internal Revenue Code 
of 1986''.
    (d) Amendments to Title XIX.--(1) Section 1905(q)(2) (42 U.S.C. 
1396d(q)(2)) is amended by striking ``Secretary'' and inserting 
``Commissioner of Social Security''.
    (2) Section 1910(b)(2) (42 U.S.C. 1396i(b)(2)) is amended, in the 
first sentence, by inserting after ``section 205(g)'' the following: 
``, except that, in so applying such sections and section 205(l), any 
reference therein to the Commissioner of Social Security or the Social 
Security Administration shall be considered a reference to the 
Secretary or the Department of Health and Human Services, 
respectively''.
    (e) Amendment to Title XX.--Section 2002(a)(2)(B) (42 U.S.C. 
1397a(a)(2)(B)) is amended by striking ``Internal Revenue Code of 
1954'' and inserting ``Internal Revenue Code of 1986''.
    (f) Amendments to Title 5, United States Code.--Title 5, United 
States Code, is amended--
            (1) by adding at the end of section 5311 the following new 
        item:
            ``Commissioner, Social Security Administration.'';
            (2) by adding at the end of section 5313 the following new 
        item:
            ``Deputy Commissioner, Social Security Administration.''; 
        and
            (3) by striking ``Secretary of Health Education, and 
        Welfare'' each place it appears in section 8141 and inserting 
        ``Commissioner of Social Security''.
    (g) Amendments to Food Stamp Act of 1977.--(1) Sections 6(c)(3) and 
8(e)(6) of the Food Stamp Act of 1977 (7 U.S.C. 2015(c)(3) and 
2017(e)(6)) are each amended by inserting ``the Commissioner of Social 
Security and'' before ``the Secretary of Health and Human Services''.
    (2) Sections 6(g), 11(j), and 16(e) of such Act (7 U.S.C. 2015(g), 
2020(j), and 2025(e)) are each amended by striking ``Secretary of 
Health and Human Services'' each place it appears and inserting 
``Commissioner of Social 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''.
    (h) Amendment to Title 14, United States Code.--Section 707(e)(3) 
of title 14, United States Code, is amended by striking ``Secretary of 
Health and Human Services'' each place it appears and inserting 
``Commissioner of Social Security''.
    (i) Amendments to Internal Revenue Code of 1986.--(1) Subsections 
(c)(1), (c)(2)(E), (g)(1), (g)(2)(A), and (g)(2)(B) of section 1402 of 
the Internal Revenue Code of 1986 (26 U.S.C. 1402) are amended by 
striking ``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 (26 U.S.C. 3121(b)(10)(B)) 
is amended by striking ``Secretary of Health and Human Services'' each 
place it appears and inserting ``Commissioner of Social Security''.
    (3) Section 3127 of such Code (26 U.S.C. 3127) is amended by 
striking ``Secretary of Health and Human Services'' each place it 
appears and inserting ``Commissioner of Social Security''.
    (4) Section 6050F(c)(1)(A) of such Code (26 U.S.C. 6050F(c)(1)(A)) 
is amended by striking ``Secretary of Health and Human Services'' and 
inserting ``Commissioner of Social Security''.
    (5) Subsections (d) and (f) of section 6057 of such Code (26 U.S.C. 
6057) are amended by striking ``Secretary of Health and Human 
Services'' each place it appears and inserting ``Commissioner of Social 
Security''.
    (6) Section 6103(l)(5) of such Code (26 U.S.C. 6103(l)(5)) is 
amended--
            (A) by striking ``Department of Health and Human Services'' 
        and inserting ``Social Security 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 (26 
U.S.C. 6402) 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 (26 U.S.C. 6511(d)(5)) is 
amended by striking ``Secretary of Health and Human Services'' and 
inserting ``Commissioner of Social Security''.
    (j) Amendments to Title 31, United States Code.--Section 3720A(f) 
of title 31, United States Code, is amended by striking ``Secretary of 
Health and Human Services'' each place it appears in and inserting 
``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.--The Inspector 
General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in section 9(a)(1), by striking ``and'' at the end of 
        subparagraph (U), and by adding at the end the following new 
        subparagraph:
                    ``(V) of the Social Security Administration, the 
                functions of the Inspector General of the Department of 
                Health and Human Services relating to the 
                administration of the old-age, survivors, and 
                disability insurance program under title II of the 
                Social Security Act and of the supplemental security 
                income program under title XVI of such Act; and'';
            (2) in section 11(1), by striking ``or'' after 
        ``Commission'' and inserting a semicolon, and by inserting 
        after ``Board;'' the following: ``or the Commissioner of Social 
        Security;''; and
            (3) in section 11(2), by striking ``or'' after 
        ``Information Agency,'', and by inserting after ``Veterans' 
        Administration'' the following: ``, or the Social Security 
        Administration;''.

SEC. 203. RULES OF CONSTRUCTION.

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

SEC. 204. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the 
provisions of this title shall take effect on the date established 
pursuant to section 107(a).
    (b) Exceptions.--Subsections (f)(1), (f)(2), and (l) of section 202 
shall take effect on the date of the enactment of this title.

                                 <all>

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