[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5260 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5260
To amend the Social Security Act to prevent disability fraud, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2014
Mr. Sam Johnson of Texas (for himself, Mrs. Black, Mr. Brady of Texas,
Mr. Griffin of Arkansas, and Mr. Kelly of Pennsylvania) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Social Security Act to prevent disability fraud, 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.
This Act may be cited as the ``Stop Disability Fraud Act of 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COMBATING CONSPIRACY FRAUD
Sec. 101. Expansion of cooperative disability investigations units.
Sec. 102. Exclusion of certain medical sources of evidence.
Sec. 103. Immediate suspension of claimant representatives upon certain
convictions or disbarment.
Sec. 104. New and stronger penalties.
Sec. 105. Review of highest-earning claimant representatives.
TITLE II--STRENGTHENING PROGRAM PROTECTIONS
Sec. 201. Pre-effectuation and post-effectuation quality reviews of
hearing dispositions.
Sec. 202. Uniform qualification standards for disability determination
decision makers.
Sec. 203. Increased transparency.
Sec. 204. Data exchange standardization.
TITLE III--MODERNIZING DISABILITY PROGRAMS
Sec. 301. Updating of medical-vocational guidelines.
Sec. 302. Research and demonstration projects.
Sec. 303. Referrals to vocational rehabilitation or other public or
private return-to-work service providers.
Sec. 304. Online benefit assessment tools.
TITLE IV--OTHER PROGRAM IMPROVEMENTS
Sec. 401. Real property acquired by the Trust Funds.
Sec. 402. Rules relating to distribution of death information furnished
to or maintained by the Social Security
Administration.
Sec. 403. Reconsiderations of disability cessation determinations.
TITLE I--COMBATING CONSPIRACY FRAUD
SEC. 101. EXPANSION OF COOPERATIVE DISABILITY INVESTIGATIONS UNITS.
Not later than October 1, 2016, the Commissioner of Social Security
shall take any necessary actions to ensure that cooperative disability
investigations units have been established that would cover each of the
50 States, the District of Columbia, Puerto Rico, Guam, the Northern
Mariana Islands, the Virgin Islands, and American Samoa.
SEC. 102. EXCLUSION OF CERTAIN MEDICAL SOURCES OF EVIDENCE.
(a) In General.--Section 223(d)(5) of the Social Security Act (42
U.S.C. 423(d)(5)) is amended by adding at the end the following:
``(C) In making any determination with respect to whether an
individual is under a disability or continues to be under a disability,
the Commissioner of Social Security may not consider any evidence
furnished by an unlicensed or sanctioned physician or health care
practitioner.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to determinations of disability made on or after the
date that is 1 year after the date of the enactment of this Act.
SEC. 103. IMMEDIATE SUSPENSION OF CLAIMANT REPRESENTATIVES UPON CERTAIN
CONVICTIONS OR DISBARMENT.
Section 206(a)(1) of the Social Security Act (42 U.S.C. 406(a)(1))
is amended--
(1) in the third sentence, by striking ``disbarred or''
each place it appears; and
(2) by inserting after the third sentence the following:
``Upon conviction of an individual for a felony or a crime of
moral turpitude in a Federal or State Court or, in the case of
an attorney, upon disbarment from any court or bar to which he
or she was previously admitted to practice, the Commissioner
may, after due notice, immediately disqualify or suspend the
individual from appearing as a claimant representative before
the Social Security Administration, pending an expedited
hearing.''
SEC. 104. NEW AND STRONGER PENALTIES.
(a) Conspiracy To Commit Social Security Fraud.--
(1) Amendment to title ii.--Section 208(a) of the Social
Security Act (42 U.S.C. 408(a)) is amended--
(A) in paragraph (7)(C), by striking ``or'' at the
end;
(B) in paragraph (8), by adding ``or'' at the end;
and
(C) by inserting after paragraph (8) the following:
``(9) conspires to commit any offense described in any of
paragraphs (1) through (8),''.
(2) Amendment to title viii.--Section 811(a) of such Act
(42 U.S.C. 1011(a)) is amended--
(A) in paragraph (3), by striking ``or'' at the
end;
(B) in paragraph (4), by striking the comma and
adding ``; or'' at the end; and
(C) by inserting after paragraph (4) the following:
``(5) conspires to commit any offense described in any of
paragraphs (1) through (4),''.
(3) Amendment to title xvi.--Section 1632(a) of such Act
(42 U.S.C. 1383a(a)) is amended--
(A) in paragraph (3), by striking ``or'' at the
end;
(B) in paragraph (4), by adding ``or'' at the end;
and
(C) by inserting after paragraph (4) the following:
``(5) conspires to commit any offense described in any of
paragraphs (1) through (4),''.
(b) Increased Criminal Penalties for Certain Individuals in
Positions of Trust.--
(1) Amendment to title ii.--Section 208(a) of the Social
Security Act (42 U.S.C. 408(a)), as amended by subsection (a),
is further amended by striking the period at the end and
inserting ``, except that in the case of a person who receives
a fee or other income for services performed in connection with
any determination with respect to benefits under this title
(including a claimant representative, translator, or current or
former employee of the Social Security Administration), or who
is a physician or other health care provider who submits, or
causes the submission of, medical or other evidence in
connection with any such determination, such person shall be
guilty of a felony and upon conviction thereof shall be fined
under title 18, United States Code, or imprisoned for not more
than ten years, or both.''.
(2) Amendment to title viii.--Section 811(a) of such Act
(42 U.S.C. 1011(a)), as amended by subsection (a), is further
amended by striking the period at the end and inserting ``,
except that in the case of a person who receives a fee or other
income for services performed in connection with any
determination with respect to benefits under this title
(including a claimant representative, translator, or current or
former employee of the Social Security Administration), or who
is a physician or other health care provider who submits, or
causes the submission of, medical or other evidence in
connection with any such determination, such person shall be
guilty of a felony and upon conviction thereof shall be fined
under title 18, United States Code, or imprisoned for not more
than ten years, or both.''.
(3) Amendment to title xvi.--Section 1632(a) of such Act
(42 U.S.C. 1383a(a)), as amended by subsection (a), is further
amended by striking the period at the end and inserting ``,
except that in the case of a person who receives a fee or other
income for services performed in connection with any
determination with respect to benefits under this title
(including a claimant representative, translator, or current or
former employee of the Social Security Administration), or who
is a physician or other health care provider who submits, or
causes the submission of, medical or other evidence in
connection with any such determination, such person shall be
guilty of a felony and upon conviction thereof shall be fined
under title 18, United States Code, or imprisoned for not more
than ten years, or both.''.
(c) Increased Civil Monetary Penalties for Certain Individuals in
Positions of Trust.--Section 1129(a)(1) of the Social Security Act (42
U.S.C.1320a-8(a)(1)) is amended, in the matter following subparagraph
(C), by inserting after ``withholding disclosure of such fact'' the
following: ``, except that in the case of such a person who receives a
fee or other income for services performed in connection with any such
determination (including a claimant representative, translator, or
current or former employee of the Social Security Administration) or
who is a physician or other health care provider who submits, or causes
the submission of, medical or other evidence in connection with any
such determination, the amount of such penalty shall be not more than
$7,500''.
(d) Establishment of Sanctions for Violations by Claimant
Representatives.--
(1) In general.--Section 206(a)(1) of the Social Security
Act (42 U.S.C. 406(a)(1)) is amended by inserting after ``or
who violates any provision of this section for which a penalty
is prescribed.'' the following: ``The Commissioner of Social
Security shall establish rules under which fines and other
sanctions the Commissioner determines to be appropriate may be
imposed for failure to comply with the Commissioner's rules and
regulations.''
(2) Collection of fines.--Section 206(d)(3) of such Act (42
U.S.C. 406(d)(3)) is amended by inserting after ``under
paragraph (1)'' the following: ``, and any fine imposed on the
attorney under subsection (a)(1),''.
(e) Civil Monetary Penalty on Claimant Representatives.--Section
1129(a) of the Social Security Act (42 U.S.C. 1320a-8(a)) is amended by
adding at the end the following:
``(4) Any person (including an organization, agency, or
other entity) who, while acting as a claimant representative
pursuant to section 206, knowingly charges, demands, receives,
or collects for services rendered in excess of the maximum fee
prescribed by the Commissioner of Social Security or allowed by
a court in connection with proceedings before the court to
which section 206(b)(1) is applicable, shall be subject to, in
addition to any other penalties that may be prescribed by law,
a civil monetary penalty of not more than $7,500 for each
violation. Such person shall also be subject to an assessment,
in lieu of damages sustained by the United States resulting
from the improper payment, of not more than twice the amount of
any payments so received.''.
(f) Inflation Adjustment of Certain Civil Monetary Penalties.--
Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended
by inserting after section 1129B the following:
``SEC. 1129C. CIVIL MONETARY PENALTY INFLATION ADJUSTMENT.
``(a) Adjustment by Regulation.--The Commissioner of Social
Security shall, not later than 180 days after the date of enactment of
the Stop Disability Fraud Act of 2014, and at least once every 4 years
thereafter--
``(1) by regulation adjust the maximum amount of each civil
monetary penalty by the inflation adjustment described under
subsection (b); and
``(2) publish each such regulation in the Federal Register.
``(b) Amount of Adjustment.--The inflation adjustment under
subsection (a) shall be determined by increasing the maximum amount of
each civil monetary penalty by the cost-of-living adjustment. Any
increase determined under this subsection shall be rounded to the
nearest--
``(1) multiple of $1,000 in the case of penalties greater
than $1,000 but less than or equal to $10,000; and
``(2) multiple of $5,000 in the case of penalties greater
than $10,000 but less than or equal to $100,000.
``(c) Definitions.--For purposes of this section--
``(1) the term `civil monetary penalty' means--
``(A) a penalty imposed by paragraph (1) or (3) of
section 1129(a); and
``(B) a penalty imposed by paragraph (1) or (2) of
section 1140(b).
``(2) the term `cost-of-living adjustment' means the
percentage (if any) for each civil monetary penalty by which--
``(A) the Consumer Price Index for all Urban
Consumers (CPI-U) for the month of June of the calendar
year preceding the adjustment, exceeds
``(B) the CPI-U for the month of June of the
calendar year in which the amount of such civil
monetary penalty was last set or adjusted pursuant to
law.
``(d) Application of Increase.--Any increase under this Act in a
civil monetary penalty shall apply only to violations which occur after
the date the increase takes effect.''.
(g) Mandatory Restitution in Social Security Fraud Cases.--
(1) Amendments to title ii.--Section 208(b) of the Social
Security Act (42 U.S.C. 408(c)) is amended--
(A) in paragraph (1), by striking ``may order'' and
inserting ``shall order'';
(B) in paragraph (2), by striking ``3663'' and
inserting ``3663A'';
(C) by striking paragraph (3); and
(D) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(2) Amendments to title viii.--Section 811(b) of such Act
(42 U.S.C. 1011(b)) is amended--
(A) in paragraph (1), by striking ``may order'' and
inserting ``shall order'';
(B) in paragraph (2), by striking ``3663'' and
inserting ``3663A'';
(C) by striking paragraph (3); and
(D) by redesignating paragraph (4) as paragraph
(3).
(3) Amendments to title xvi.--Section 1632(b) of such Act
(42 U.S.C. 1383a(b)) is amended--
(A) in paragraph (1), by striking ``may order'' and
inserting ``shall order'';
(B) in paragraph (2), by striking ``3663'' and
inserting ``3663A'';
(C) by striking paragraph (3); and
(D) by redesignating paragraph (4) as paragraph
(3).
(4) Effective date.--The amendments made by paragraphs (1),
(2), and (3) shall apply with respect to violations occurring
on or after the date of the enactment of this Act.
(h) References to Social Security and Medicare in Electronic
Communications.--
(1) In general.--Section 1140(a)(1) of the Social Security
Act (42 U.S.C. 1320b-10(a)(1)) is amended by inserting
``(including any Internet or other electronic communication)''
after ``or other communication''.
(2) Each communication treated as separate violation.--
Section 1140(b) of such Act (42 U.S.C. 1320b-10(b)) is amended
by inserting after the second sentence the following: ``In the
case of any items referred to in subsection (a)(1) consisting
of Internet or other electronic communications, each
dissemination, viewing, or accessing of such a communication
which contains one or more words, letters, symbols, or emblems
in violation of subsection (a) shall represent a separate
violation.''.
(i) No Benefits Payable to Individuals for Whom a Civil Monetary
Penalty Is Imposed for Fraudulently Concealing Work Activity.--Section
222(c)(5) of the Social Security Act (42 U.S.C. 422(c)(5)) is amended
by inserting after ``conviction by a Federal court'' the following: ``,
or the imposition of a civil monetary penalty under section 1129,''.
SEC. 105. REVIEW OF HIGHEST-EARNING CLAIMANT REPRESENTATIVES.
Not later than 1 year after the date of the enactment of this Act
and biennially thereafter, the Inspector General of the Social Security
Administration shall conduct biennial reviews of the practices of a
sample of the highest earning claimant representatives to ensure
compliance with the policies of the Social Security Administration.
TITLE II--STRENGTHENING PROGRAM PROTECTIONS
SEC. 201. PRE-EFFECTUATION AND POST-EFFECTUATION QUALITY REVIEWS OF
HEARING DISPOSITIONS.
(a) Amendments to Title II.--Section 205(b) of the Social Security
Act (42 U.S.C. 405(b)) is amended by adding at the end the following:
``(4)(A) The Commissioner of Social Security shall conduct pre-
effectuation and post-effectuation quality reviews of hearing
dispositions with respect to decisions in connection with applications
for benefits under this title, in a sufficient number to ensure
compliance with laws, regulations, and other guidance issued by the
Commissioner of Social Security.
``(B) The Commissioner of Social Security 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 that includes--
``(i) the total number of cases selected for a quality
review as described in paragraph (1);
``(ii) the number of such cases in which a decision is
remanded; and
``(iii) the number of such cases in which a decision is
modified or reversed.''.
(b) Amendment to Title XVI.--Section 1633 of the Social Security
Act (42 U.S.C. 1383b) is amended by adding at the end the following:
``(f)(1) The Commissioner of Social Security shall conduct pre-
effectuation and post-effectuation quality reviews of hearing
dispositions with respect to decisions in connection with applications
for benefits under this title, in a sufficient number to ensure
compliance with laws, regulations, and other guidance issued by the
Commissioner of Social Security.
``(2) The Commissioner of Social Security 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 that includes--
``(A) the total number of cases selected for a quality
review as described in paragraph (1);
``(B) the number of such cases in which a decision is
remanded; and
``(C) the number of such cases in which a decision is
modified or reversed.''.
SEC. 202. UNIFORM QUALIFICATION STANDARDS FOR DISABILITY DETERMINATION
DECISION MAKERS.
(a) In General.--Section 221(k)(1) of the Social Security Act (42
U.S.C. 421(k)(1)) is amended by inserting at the end before the period
the following: ``, including standard qualifications for State and
Federal decision makers and medical or vocational advisors involved in
the disability determination process''.
(b) Effective Date.--The regulations required to be issued as a
result of the amendment made by paragraph (1) shall become final not
later than 1 year after the date of the enactment of this Act.
SEC. 203. INCREASED TRANSPARENCY.
Not later than 180 days after the date of the enactment of this Act
and annually thereafter, the Commissioner of Social Security shall
produce and make publicly available comprehensive program information
to guide disability policy and procedures and to guide accuracy and
consistency in decision making, including information relating to
productivity, processing time, pending workloads, and decision outcomes
with respect to each hearing officer, hearing office, and region and
with respect to the disability insurance program as a whole. Such
program information shall also include the same data, categorized by
office, State, region, and the program as a whole, with respect to each
of the following: initial disability determinations; reconsiderations;
continuing disability reviews; and reconsiderations of continuing
disability reviews.
SEC. 204. DATA EXCHANGE STANDARDIZATION.
(a) In General.--Section 704 of the Social Security Act (42 U.S.C.
904) is amended by adding at the end the following:
``(f) Data Exchange Standards for Improved Interoperability.--
``(1) Designation.--The Commissioner shall, in consultation
with an interagency work group established by the Office of
Management and Budget and considering State and other Federal
government perspectives, designate data exchange standards to
govern, under titles II, VIII, and XVI--
``(A) necessary categories of information that
State agencies operating programs under State plans
approved under this part are required under applicable
Federal law to electronically exchange with another
State agency; and
``(B) Federal reporting and data exchange required
under applicable Federal law.
``(2) Requirements.--The data exchange standards required
by paragraph (1) shall, to the extent practicable--
``(A) incorporate a widely accepted, non-
proprietary, searchable, computer-readable format, such
as the eXtensible Markup Language;
``(B) contain interoperable standards developed and
maintained by intergovernmental partnerships, such as
the National Information Exchange Model;
``(C) incorporate interoperable standards developed
and maintained by Federal entities with authority over
contracting and financial assistance;
``(D) be consistent with and implement applicable
accounting principles;
``(E) be implemented in a manner that is cost-
effective and improves program efficiency and
effectiveness; and
``(F) be capable of being continually upgraded as
necessary.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to require a change to existing data
exchange standards found to be effective and efficient.''.
(b) Plan for Public Comment.--The Commissioner shall issue a plan
for public comment on its website within 24 months after the date of
the enactment of subsection (a). The plan shall--
(1) identify federally required data exchanges, include
specification and timing of exchanges to be standardized, and
address the factors used in determining whether and when to
standardize data exchanges; and
(2) specify implementation options and describe future
milestones for standardizing data for improved
interoperability.
TITLE III--MODERNIZING DISABILITY PROGRAMS
SEC. 301. UPDATING OF MEDICAL-VOCATIONAL GUIDELINES.
As soon as possible after the date of the enactment of this Act,
the Commissioner of Social Security shall prescribe rules and
regulations that update the medical-vocational guidelines, as set forth
in appendix 2 to subpart P of part 404 of title 20, Code of Federal
Regulations, used in disability determinations, including full
consideration of new employment opportunities made possible by advances
in treatment, rehabilitation, and technology.
SEC. 302. RESEARCH AND DEMONSTRATION PROJECTS.
Section 1110 of the Social Security Act (42 U.S.C. 1310), as
amended by section 202(b), is further amended by adding at the end the
following:
``(e) Research and demonstration projects conducted pursuant to
subsection (a)(1) shall include the following:
``(1) To be completed not later than the end of calendar
year 2016, development of instruments to assess function that
are rapid, reliable, and objective to inform the disability
determination process.
``(2) To be completed not later than the end of calendar
year 2016, studies of the availability and effects of more
fully considering assistive devices and workplace
accommodations in the disability determination process.
``(f)(1) Not later than June 9 of each year, the Commissioner shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate an annual
interim report on the progress of any research, experimental, pilot,
and demonstration projects conducted under this section, including, for
each such project, project focus, project design, project timeframe
(including specific start and end dates), past and estimated future
costs, any evaluation progress, and any other related data and
materials that the Commissioner may consider appropriate.
``(2) In the case of any research, experimental, pilot, or
demonstration project conducted under this section that is not in
effect as of the date of the enactment of the Stop Disability Fraud Act
of 2014, such project may not be placed into effect until at least 90
days after the Commissioner submits to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate a written report on the project, prepared for purposes of
notification and information only and containing a full and complete
description of the project, including project focus, project design,
project timeframe (including specific start and end dates), estimated
costs, and evaluation plan.
``(3) Each research, experimental, pilot, or demonstration project
conducted under this section shall terminate not later than the end
date specified in the reports described in paragraphs (1) and (2).''.
SEC. 303. REFERRALS TO VOCATIONAL REHABILITATION OR OTHER PUBLIC OR
PRIVATE RETURN-TO-WORK SERVICE PROVIDERS.
(a) Amendment to Title II.--Section 222 of the Social Security Act
(42 U.S.C. 422) is amended by inserting before subsection (c) the
following:
``(a) Referral for Rehabilitation Services.--(1) The Commissioner
of Social Security may make provision for the referral of individuals
who are denied benefits under this title based on an adverse
determination of disability to an appropriate public or private entity
for employment services, vocational rehabilitation services, or other
support services.''.
(b) Amendment to Title XVI.--Section 1615 of such Act (42 U.S.C.
1382d) is amended by inserting after subsection (a) the following:
``(b)(1) In the case of any individual who has not attained age 65
and is denied benefits under this title based on an adverse
determination of disability, the Commissioner of Social Security may
make provision for referral of such individual to an appropriate public
or private entity for employment services, vocational rehabilitation
services, or other support services.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to applications for monthly insurance benefits
filed on or after the date that is 180 days after the date of the
enactment of this Act.
SEC. 304. ONLINE BENEFIT ASSESSMENT TOOLS.
Not later than 1 year after the date of the enactment of this Act,
the Commissioner of Social Security shall make publicly available
through the website of the Social Security Administration on-line tools
to allow all individuals eligible for benefits based on disability
under titles II and XVI of the Social Security Act to assess the impact
of earnings on the individual's eligibility for, and amount of,
benefits received through Federal and State benefit programs.
TITLE IV--OTHER PROGRAM IMPROVEMENTS
SEC. 401. REAL PROPERTY ACQUIRED BY THE TRUST FUNDS.
(a) In General.--Section 201(g) of the Social Security Act (42
U.S.C. 401(g)) is amended by adding at the end the following:
``(5)(A) Notwithstanding any other provision of law, for any real
property acquired using funds derived from the Trust Funds--
``(i) the Managing Trustee shall record such property as an
asset of the Trust Fund from which such funds were derived;
``(ii) any net proceeds from the disposition of such
property sold at any time shall be deposited in such Trust
Fund, to be invested by the Managing Trustee in the same manner
and to the same extent as the other assets of such Trust Fund;
and
``(iii) the use of such real property shall be restricted
to purposes of carrying out the duties of the Commissioner as
authorized by this Act and any other Federal law.''.
(b) Prohibition on Use of Trust Funds for Certain Administrative
Costs.--Section 201(g)(5) of the Social Security Act (42 U.S.C.
401(g)(5)), as added by subsection (a), is further amended by adding at
the end the following:
``(B)(i) Funds made available for expenditure pursuant to the
authorization in this subsection may not be used for the operation and
maintenance of real property in amounts that exceed the actual costs of
such operation and maintenance, including any amounts for overhead,
space and services, repair, replacement, or depreciation.
``(ii) For purposes of this subparagraph, funds made available for
the replacement of the National Computer Center shall be deemed to be
funds made available as described in clause (i).''.
(c) Annual Report.--Section 201(c) of the Social Security Act (42
U.S.C. 401(c)) is amended by inserting after the second sentence in the
matter following paragraph (5) the following: ``Such statement of
assets shall include an estimate of the fair market value of all real
property recorded as an asset of the Trust Funds at the end of the
preceding fiscal year.''.
(d) Effective Date.--The amendments made by subsection (a) shall
apply with respect to real property acquired using funds solely derived
from the Trust Funds and disposed of on, before, or after the date of
enactment of this Act.
SEC. 402. RULES RELATING TO DISTRIBUTION OF DEATH INFORMATION FURNISHED
TO OR MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--Section 205(r) of the Social Security Act (42
U.S.C. 405(r)) is amended--
(1) in paragraph (2), by inserting ``, and to ensure
completeness, timeliness, and accuracy of,'' after
``transmitting'';
(2) by striking paragraph (3) and inserting the following:
``(3) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding deceased
individuals furnished to or maintained by the Commissioner, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, to any Federal or State agency providing or
administering Federally funded benefits to individuals, other than
benefits under this Act, through a cooperative arrangement with such
agency designed to ensure proper payment of those benefits with respect
to such individuals if--
``(A) under such arrangement the agency provides
reimbursement to the Commissioner of Social Security for the
reasonable costs of carrying out such arrangement, including
the reasonable costs associated with the collection and
maintenance of information regarding deceased individuals
furnished to the Commissioner pursuant to paragraph (1); and
``(B) such arrangement does not conflict with the duties of
the Commissioner of Social Security under paragraph (1).''; and
(3) in paragraph (4), by inserting ``or in benefit and
pension plans for employees of the States or local
governments'' after ``by the States''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 60 days after the date of the enactment
of this section.
SEC. 403. RECONSIDERATIONS OF DISABILITY CESSATION DETERMINATIONS.
(a) In General.--Section 205(b)(2) of the Social Security Act (42
U.S.C. 405(b)(2)) is amended, in the matter following subparagraph
(C)--
(1) in the second sentence, by striking ``where the finding
was originally made by the State agency, and shall be made by
the Commissioner of Social Security where the finding was
originally made by the Commissioner of Social Security'' and
inserting ``regardless of whether the finding was originally
made by the State agency or the Commissioner of Social
Security'';
(2) in the third sentence, by striking ``which was
originally made by such State agency''; and
(3) in the fourth sentence, by striking ``which was
originally made by the Commissioner of Social Security''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to determinations of disability made on or after the
date that is 180 days after the date of the enactment of this Act.
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