42 U.S.C. § 907a — National Commission on Social Security

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 Page 2497 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 907a manner as that herein provided for the appoint- ment of the member first appointed to the va- cant position. (3) Members of the Commission shall receive $138 per diem while engaged in the actual per- formance of the duties vested in the Commis- sion, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties. (4) The Commission shall meet at the call of the Chairman, or at the call of a majority of the members of the Commission; but meetings of the Commission shall be held not less frequently than once in each calendar month which begins after a majority of the authorized membership of the Commission has first been appointed. (b) Continuing study, investigation, and review of social security program; scope of study, etc., and public participation (1) It shall be the duty and function of the Commission to conduct a continuing study, in- vestigation, and review of— (A) the Federal old-age, survivors, and dis- ability insurance program established by sub- chapter II of this chapter; and (B) the health insurance programs estab- lished by subchapter XVIII of this chapter. (2) Such study, investigation, and review of such programs shall include (but not be limited to)— (A) the fiscal status of the trust funds estab- lished for the financing of such programs and the adequacy of such trust funds to meet the immediate and long-range financing needs of such programs; (B) the scope of coverage, the adequacy of benefits including the measurement of an ade- quate retirement income, and the conditions of qualification for benefits provided by such programs including the application of the re- tirement income test to unearned as well as earned income; (C) the impact of such programs on, and their relation to, public assistance programs, nongovernmental retirement and annuity pro- grams, medical service delivery systems, and national employment practices; (D) any inequities (whether attributable to provisions of law relating to the establishment and operation of such programs, to rules and regulations promulgated in connection with the administration of such programs, or to ad- ministrative practices and procedures em- ployed in the carrying out of such programs) which affect substantial numbers of individ- uals who are insured or otherwise eligible for benefits under such programs, including in- equities and inequalities arising out of marital status, sex, or similar classifications or cat- egories; (E) possible alternatives to the current Fed- eral programs or particular aspects thereof, including but not limited to (i) a phasing out of the payroll tax with the financing of such programs being accomplished in some other manner (including general revenue funding and the retirement bond), (ii) the establish- ment of a system providing for mandatory participation in any or all of the Federal pro- grams, (iii) the integration of such current Federal programs with private retirement pro- grams, and (iv) the establishment of a system permitting covered individuals a choice of public or private programs or both; (F) the need to develop a special Consumer Price Index for the elderly, including the fi- nancial impact that such an index would have on the costs of the programs established under this chapter; and (G) methods for effectively implementing the recommendations of the Commission. (3) In order to provide an effective opportunity for the general public to participate fully in the study, investigation, and review under this sec- tion, the Commission, in conducting such study, investigation, and review, shall hold public hearings in as many different geographical areas of the country as possible. The residents of each area where such a hearing is to be held shall be given reasonable advance notice of the hearing and an adequate opportunity to appear and ex- press their views on the matters under consider- ation. (c) Special, annual, and final reports to Presi- dent and Congress concerning implementa- tion, etc., of study, investigation, and review responsibilities; termination of Commission (1) No later than four months after the date on which a majority of the authorized membership of the Commission is initially appointed, the Commission shall submit to the President and the Congress a special report describing the Commission’s plans for conducting the study, investigation, and review under subsection (b), with particular reference to the scope of such study, investigation, and review and the meth- ods proposed to be used in conducting it. (2) At or before the close of each of the first two years after the date on which a majority of the authorized membership of the Commission is initially appointed, the Commission shall sub- mit to the President and the Congress an annual report on the study, investigation, and review under subsection (b), together with its rec- ommendations with respect to the programs in- volved. The second such report shall constitute the final report of the Commission on such study, investigation, and review, and shall in- clude its final recommendations; and the Com- mission shall cease to exist on April 1, 1981. (d) Executive Director and additional personnel; appointment and compensation (1) The Commission shall appoint an Executive Director of the Commission who shall be com- pensated at a rate fixed by the Commission, but which shall not exceed the rate established for level V of the Executive Schedule by title 5. (2) In addition to the Executive Director, the Commission shall have the power to appoint and fix the compensation of such personnel as it deems advisable, in accordance with the provi- sions of title 5 governing appointments to the competitive service, and the provisions of chap- ter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (e) Administrative procedures In carrying out its duties under this section, the Commission, or any duly authorized com- Page 2498 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 908 mittee thereof, is authorized to hold such hear- ings, sit and act at such times and places, and take such testimony, with respect to matters with respect to which it has a responsibility under this section, as the Commission or such committee may deem advisable. The Chairman of the Commission or any member authorized by him may administer oaths or affirmations to witnesses appearing before the Commission or before any committee thereof. (f) Data and information from other Federal de- partments and agencies The Commission may secure directly from any department or agency of the United States such data and information as may be necessary to en- able it to carry out its duties under this section. Upon request of the Chairman of the Commis- sion, any such department or agency shall fur- nish any such data or information to the Com- mission. (g) Administrative support services from General Services Administration; reimbursement The General Services Administration shall provide to the Commission, on a reimbursable basis such administrative support services as the Commission may request. (h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 95–216, title III, § 361, Dec. 20, 1977, 91 Stat. 1556; Pub. L. 96–265, title V, § 502, June 9, 1980, 94 Stat. 470; Pub. L. 98–369, div. B, title III, § 2349(b)(3), July 18, 1984, 98 Stat. 1097.) Editorial Notes REFERENCES IN TEXT Level V of the Executive Schedule, referred to in sub- sec. (d)(1), is set out in section 5316 of Title 5, Govern- ment Officers and Employees. CODIFICATION Section was enacted as part of the Social Security Amendments of 1977, and not as part of the Social Secu- rity Act which comprises this chapter. AMENDMENTS 1984—Subsec. (i). Pub. L. 98–369 struck out subsec. (i) which provided for notice of and attendance at meet- ings of the Health Insurance Benefits Advisory Council. 1980—Subsec. (a)(2)(F). Pub. L. 96–265, § 502(a), sub- stituted ‘‘a term which shall end on April 1, 1981’’ for ‘‘a term of two years’’. Subsec. (c)(2). Pub. L. 96–265, § 502(b), substituted ‘‘and the Commission shall cease to exist on April 1, 1981’’ for ‘‘and upon the submission of such final report the Com- mission shall cease to exist’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–369, div. B, title III, § 2349(c), July 18, 1984, 98 Stat. 1097, provided that: ‘‘The amendments made by this section [amending this section and section 1395z of this title and section 231f of Title 45, Railroads, and re- pealing section 1395dd of this title] shall become effec- tive on the date of the enactment of this Act [July 18, 1984].’’ § 908. Omitted Editorial Notes CODIFICATION Section, act Aug. 14, 1935, ch. 531, title VII, § 707, as added Jan. 2, 1968, Pub. L. 90–248, title IV, § 401, 81 Stat. 930, related to grants for expansion and development of undergraduate and graduate programs in the fiscal year ending June 30, 1969, and each of the three succeeding fiscal years. § 909. Delivery of benefit checks (a) Saturdays, Sundays, and holidays If the day regularly designated for the deliv- ery of benefit checks under subchapter II, VIII, or XVI falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5) in any month, the benefit checks which would otherwise be delivered on such day shall be mailed for delivery on the first day preceding such day which is not a Saturday, Sunday, or legal public holiday (as so defined), without re- gard to whether the delivery of such checks would as a result have to be made before the end of the month for which such checks are issued. (b) Recovery of overpayments If more than the correct amount of payment under subchapter II, VIII, or XVI is made to any individual as a result of the receipt of a benefit check pursuant to subsection (a) before the end of the month for which such check is issued, no action shall be taken (under section 404 or 1383(b) of this title or otherwise) to recover such payment or the incorrect portion thereof. (c) Early delivery For purposes of computing the ‘‘OASDI trust fund ratio’’ under section 401(l) of this title, the ‘‘OASDI fund ratio’’ under section 415(i) of this title, and the ‘‘balance ratio’’ under section 910(b) of this title, benefit checks delivered be- fore the end of the month for which they are issued by reason of subsection (a) of this section shall be deemed to have been delivered on the regularly designated delivery date. (Aug. 14, 1935, ch. 531, title VII, § 708, as added Pub. L. 95–216, title III, § 333(a), Dec. 20, 1977, 91 Stat. 1543; amended Pub. L. 99–272, title XII, § 12111(a), Apr. 7, 1986, 100 Stat. 287; Pub. L. 106–169, title II, § 251(b)(5), Dec. 14, 1999, 113 Stat. 1855.) Editorial Notes AMENDMENTS 1999—Subsecs. (a), (b). Pub. L. 106–169 substituted ‘‘subchapter II, VIII,’’ for ‘‘subchapter II’’. 1986—Subsec. (c). Pub. L. 99–272 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–272, title XII, § 12111(c), Apr. 7, 1986, 100 Stat. 288, provided that: ‘‘The amendments made by this section [amending this section and section 86 of Title 26, Internal Revenue Code] shall apply with re- spect to benefit checks issued for months ending after the date of the enactment of this Act [Apr. 7, 1986].’’ EFFECTIVE DATE Pub. L. 95–216, title III, § 333(b), Dec. 20, 1977, 91 Stat. 1544, provided that: ‘‘The amendment made by sub-