42 U.S.C. § 906 — Training grants for public welfare per-

Page 2495 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 906 take place at such time or times requested by the Com- missioner, but not later than December 31, 2022. Such examinations shall proceed even if one or more individ- uals who took a prior examination have appealed an ad- verse determination and one or more of such appeals have not concluded, provided that— ‘‘(1) the Commissioner of Social Security has made a determination that delaying the examination poses a significant risk that an adequate number of Admin- istrative Law Judges will not be available to meet the need of the Social Security Administration to re- duce or prevent a backlog of cases awaiting a hear- ing; ‘‘(2) an individual whose appeal is pending is pro- vided an option to continue their appeal or elects to take the new examination, in which case the appeal is considered vacated; and ‘‘(3) an individual who decides to continue his or her appeal and who ultimately prevails in the appeal shall receive expeditious consideration for hire by the Office Personnel Management and the Commissioner of Social Security. ‘‘(b) PAYMENT OF COSTS.—Notwithstanding any other provision of law, the Commissioner of Social Security shall pay the full cost associated with each examina- tion conducted pursuant to subsection (a).’’ REPORT ON SES POSITIONS UNDER COMPREHENSIVE WORK FORCE PLAN Pub. L. 103–296, title I, § 104(b), Aug. 15, 1994, 108 Stat. 1472, provided that within 60 days after establishment by Commissioner of Social Security of comprehensive work force plan required under subsec. (b)(2) of this sec- tion, Director of Office of Personnel Management was to transmit to Congress a report specifying total num- ber of Senior Executive Services positions authorized for Social Security Administration in connection with such work force plan. §§ 905, 905a. Transferred Editorial Notes CODIFICATION Section 905, act July 5, 1952, ch. 575, title II, § 201, 66 Stat. 369, as amended, which related to the working capital fund, was transferred to section 3513 of this title. Section 905a, act Aug. 10, 1971, Pub. L. 92–80, title II, § 200, 85 Stat. 297, which related to additional use of the working capital fund, was transferred to section 3513b of this title. § 906. Training grants for public welfare per- sonnel (a) Authorization of appropriations In order to assist in increasing the effective- ness and efficiency of administration of public assistance programs by increasing the number of adequately trained public welfare personnel available for work in public assistance pro- grams, there are hereby authorized to be appro- priated for the fiscal year ending June 30, 1963, the sum of $3,500,000, and for each fiscal year thereafter the sum of $5,000,000. (b) Allocation for carrying out direct grant pro- grams Such portion of the sums appropriated pursu- ant to subsection (a) for any fiscal year as the Secretary may determine, but not in excess of $1,000,000 in the case of the fiscal year ending June 30, 1963, and $2,000,000 in the case of any fis- cal year thereafter, shall be available for car- rying out subsection (f). From the remainder of the sums so appropriated for any fiscal year, the Secretary shall make allotments to the States on the basis of (1) population, (2) relative need for trained public welfare personnel, particu- larly for personnel to provide self-support and self-care services, and (3) financial need. (c) Payments to States for cost of grant programs to certain agencies and institutions From each State’s allotment under subsection (b), the Secretary shall from time to time pay to such State its costs of carrying out the purposes of this section through (1) grants to public or other nonprofit institutions of higher learning for training personnel employed or preparing for employment in public assistance programs, (2) special courses of study or seminars of short du- ration conducted for such personnel by experts hired on a temporary basis for the purpose, and (3) establishing and maintaining, directly or through grants to such institutions, fellowships or traineeships for such personnel at such insti- tutions, with such stipends and allowances as may be permitted under regulations of the Sec- retary. (d) Advance payments to States Payments pursuant to subsection (c) shall be made in advance on the basis of estimates by the Secretary and adjustments may be made in future payments under this section to take ac- count of overpayments or underpayments in amounts previously paid. (e) Reallotments The amount of any allotment to a State under subsection (b) for any fiscal year which the State certifies to the Secretary will not be re- quired for carrying out the purposes of this sec- tion in such State shall be available for reallot- ment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines have need in carrying out such purposes for sums in excess of those pre- viously allotted to them under this section and will be able to use such excess amounts during such fiscal year; such reallotments to be made on the basis provided in subsection (b) for the initial allotments to the States. Any amount so reallotted to a State shall be deemed part of its allotment under such subsection. (f) Direct grants to certain agencies and institu- tions (1) The portion of the sums appropriated for any fiscal year which is determined by the Sec- retary under the first sentence of subsection (b) to be available for carrying out this subsection shall be available to enable him to provide (A) directly or through grants to or contracts with public or nonprofit private institutions of higher learning, for training personnel who are em- ployed or preparing for employment in the ad- ministration of public assistance programs, (B) directly or through grants to or contracts with public or nonprofit private agencies or institu- tions, for special courses of study or seminars of short duration (not in excess of one year) for training of such personnel, and (C) directly or through grants to or contracts with public or nonprofit private institutions of higher learn- ing, for establishing and maintaining fellow- ships or traineeships for such personnel at such Page 2496 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 907 institutions, with such stipends and allowances as may be permitted by the Secretary. (2) Payments under paragraph (1) may be made in advance on the basis of estimates by the Sec- retary, or may be made by way of reimburse- ment, and adjustments may be made in future payments under this subsection to take account of overpayments or underpayments in amounts previously paid. (3) The Secretary may, to the extent he finds such action to be necessary, prescribe require- ments to assure that any individual will repay the amount of his fellowship or traineeship re- ceived under this subsection to the extent such individual fails to serve, for the period pre- scribed by the Secretary, with a State or polit- ical subdivision thereof, or with the Federal Government, in connection with administration of any State or local public assistance program. The Secretary may relieve any individual of his obligation to so repay, in whole or in part, whenever and to the extent that requirement of such repayment would, in his judgment, be in- equitable or would be contrary to the purposes of any of the public welfare programs estab- lished by this chapter. (Aug. 14, 1935, ch. 531, title VII, § 705, as added Aug. 1, 1956, ch. 836, title III, § 332, 70 Stat. 851; amended Pub. L. 87–31, § 3, May 8, 1961, 75 Stat. 77; Pub. L. 87–543, title I, § 123 (a)–(c), July 25, 1962, 76 Stat. 192.) Editorial Notes AMENDMENTS 1962—Subsec. (a). Pub. L. 87–543, § 123(a), substituted ‘‘for the fiscal year ending June 30, 1963, the sum of $3,500,000, and for each fiscal year thereafter the sum of $5,000,000’’ for ‘‘for the fiscal year ending June 30, 1958, the sum of $5,000,000, and for each of the five succeeding fiscal years such sums as the Congress may deter- mine’’. Subsec. (b). Pub. L. 87–543, § 123(b), required appro- priated moneys to be made available for carrying out subsec. (f) of this section. Subsec. (f). Pub. L. 87–543, § 123(c), added subsec. (f). 1961—Subsec. (a). Pub. L. 87–31, § 3(a), substituted ‘‘five’’ for ‘‘four’’. Subsec. (c). Pub. L. 87–31, § 3(b), substituted ‘‘its costs of carrying out the purposes of this section’’ for ‘‘80 per centum of the total of its expenditures in carrying out the purposes of this section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–543, title II, § 202(b), July 25, 1962, 76 Stat. 208, provided that: ‘‘The amendments made by sections 102(c), 123, and 132(d) [enacting section 727 of this title, amending this section and sections 722 and 726 of this title, and repealing credits to section 1308 of this title and provisions set out as notes under section 1308 of this title] shall be applicable in the case of fiscal years beginning after June 30, 1962.’’ EFFECTIVE DATE OF 1961 AMENDMENT Pub. L. 87–31, § 3(b), May 8, 1961, 75 Stat. 77, provided that the amendment made by that section is effective with respect to payments from allotments from appro- priations made for fiscal years beginning after June 30, 1961. § 907. Repealed. Pub. L. 103–296, title I, § 108(a)(2), Aug. 15, 1994, 108 Stat. 1481 Section, act Aug. 14, 1935, ch. 531, title VII, § 706, as added July 30, 1965, Pub. L. 89–97, title I, § 109(a), 79 Stat. 339; amended Jan. 2, 1968, Pub. L. 90–248, title I, § 165, title IV, § 403(d), 81 Stat. 874, 932; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(C)(ii), 98 Stat. 1170; Apr. 7, 1986, Pub. L. 99–272, title XII, § 12102(g)(1), 100 Stat. 285; Oct. 22, 1986, Pub. L. 99–514, § 2, 100 Stat. 2095, provided for appointment by Secretary every four years of an Advisory Council on Social Security and functions of Council. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as an Effective Date of 1994 Amendment note under section 401 of this title. APPLICABILITY OF REPEAL TO 1994 COUNCIL Pub. L. 103–296, title I, § 108(a)(2), Aug. 15, 1994, 108 Stat. 1481, provided in part that: ‘‘This paragraph [re- pealing this section] shall not apply with respect to the Advisory Council for Social Security appointed in 1994.’’ § 907a. National Commission on Social Security (a) Establishment; membership; Chairman and Vice Chairman; quorum; terms of office; va- cancies; per diem and expense reimburse- ment; meetings (1) There is established a commission to be known as the National Commission on Social Security (hereinafter referred to as the ‘‘Com- mission’’). (2)(A) The Commission shall consist of— (i) five members to be appointed by the President, by and with the advice and consent of the Senate, one of whom shall, at the time of appointment, be designated as Chairman of the Commission; (ii) two members to be appointed by the Speaker of the House of Representatives; and (iii) two members to be appointed by the President pro tempore of the Senate. (B) At no time shall more than three of the members appointed by the President, one of the members appointed by the Speaker of the House of Representatives, or one of the members ap- pointed by the President pro tempore of the Senate be members of the same political party. (C) The membership of the Commission shall consist of individuals who are of recognized standing and distinction and who possess the demonstrated capacity to discharge the duties imposed on the Commission, and shall include representatives of the private insurance indus- try and of recipients and potential recipients of benefits under the programs involved as well as individuals whose capacity is based on a special knowledge or expertise in those programs. No individual who is otherwise an officer or full- time employee of the United States shall serve as a member of the Commission. (D) The Chairman of the Commission shall designate a member of the Commission to act as Vice Chairman of the Commission. (E) A majority of the members of the Commis- sion shall constitute a quorum, but a lesser number may conduct hearings. (F) Members of the Commission shall be ap- pointed for a term which shall end on April 1, 1981. (G) A vacancy in the Commission shall not af- fect its powers, but shall be filled in the same