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

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 108 STAT. 1478 (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)) is 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 n, 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 XVHI”, 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,108 STAT. 1479 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 108 STAT. 1480 “(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)(l) of such Act (42 U.S.C. 401(i)(l)) is amended to read as follows: “(i) (1) The Managing Trustee may accept on behalf of the United States money gift is 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”. 108 STAT. 1481 (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”.