42 U.S.C. § 902 — Untitled legal text

Page 2488 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 901a officer’s official capacity as an officer of the Depart- ment of Health and Human Services, shall abate by rea- son of the enactment of this title. In any suit, action, or other proceeding pending immediately before March 31, 1995, the court or hearing officer may at any time, on the motion of the court or hearing officer or that of a party, enter an order which will give effect to the provisions of this subsection (including, where appro- priate, an order for substitution of parties). ‘‘(e) CONTINUATION OF PENALTIES.—This title shall not have the effect of releasing or extinguishing any civil or criminal prosecution, penalty, forfeiture, or liability incurred as a result of any function which (by reason of this title, the amendments made thereby, and regula- tions prescribed thereunder) is vested in the Commis- sioner of Social Security. ‘‘(f) 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 (other than func- tions performed pursuant to 105(a)(2) [set out above]) 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 March 31, 1995. Any stat- utory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function so vested in such Commissioner shall con- tinue to apply to the exercise of such function by such Commissioner. ‘‘(g) EXERCISE OF FUNCTIONS.—In the exercise of the functions vested in the Commissioner of Social Secu- rity under this title, the amendments made thereby, and regulations prescribed thereunder, such Commis- sioner shall have the same authority as that vested in the Secretary of Health and Human Services with re- spect to the exercise of such functions immediately preceding the vesting of such functions in such Com- missioner, and actions of such Commissioner shall have the same force and effect as when exercised by such Secretary.’’ RULES OF CONSTRUCTION Pub. L. 103–296, title I, § 109, Aug. 15, 1994, 108 Stat. 1489, provided that: ‘‘(a) REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.—Whenever any reference is made in any provision of law (other than this title [see Tables for classification] or a provision of law amended by this title), regulation, rule, record, or document to the De- partment of Health and Human Services with respect to such Department’s functions under the old-age, sur- vivors, and disability insurance program under title II of the Social Security Act [42 U.S.C. 401 et seq.] or the supplemental security income program under title XVI of such Act [42 U.S.C. 1381 et seq.] or other functions performed by the Social Security Administration pur- suant to section 105(a)(2) of this Act [set out above], 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 title or a provi- sion of law amended by this title), regulation, rule, record, or document to the Secretary of Health and Human Services with respect to such Secretary’s func- tions under the old-age, survivors, and disability insur- ance program under title II of the Social Security Act or the supplemental security income program under title XVI of such Act or other functions performed by the Commissioner of Social Security pursuant to sec- tion 105(a)(2) of this Act, such reference shall be consid- ered a reference to the Commissioner of Social Secu- rity. ‘‘(c) REFERENCES TO OTHER OFFICERS AND EMPLOY- EES.—Whenever any reference is made in any provision of law (other than this title or a provision of law amended by this title), regulation, rule, record, or doc- ument to any other officer or employee of the Depart- ment 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 secu- rity income program under title XVI of such Act or other functions performed by the officer or employee of the Social Security Administration pursuant to section 105(a)(2) of this Act, such reference shall be considered a reference to the appropriate officer or employee of the Social Security Administration.’’ § 901a. Repealed. Aug. 28, 1950, ch. 809, title IV, § 401(b), 64 Stat. 558 Section, act Aug. 10, 1939, ch. 666, title IX, § 908, 53 Stat. 1402, placed Social Security Board under direction and supervision of Federal Security Administrator. § 902. Commissioner; Deputy Commissioner; other officers (a) Commissioner of Social Security (1) There shall be in the Administration a Commissioner of Social Security (in this sub- chapter referred to as the ‘‘Commissioner’’) who shall be appointed by the President, by and 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 6 years, except that the initial term of office for Commissioner shall terminate January 19, 2001. In any case in which a successor does not take office at the end of a Commissioner’s term of office, such Commissioner may continue in office until the entry upon office of such a successor. A Commissioner appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term. An individual serving in the office of Commissioner may be removed from office only pursuant to a finding by the President of neglect of duty or malfeasance in office. (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 ac- tivities thereof. (5) The Commissioner may prescribe such rules and regulations as the Commissioner de- termines necessary or appropriate to carry out the functions of the Administration. The regula- tions prescribed by the Commissioner shall be subject to the rulemaking procedures estab- lished under section 553 of title 5. (6) The Commissioner may establish, alter, consolidate, or discontinue such organizational units or components within the Administration as the Commissioner considers necessary or ap- propriate, except that this paragraph shall not apply with respect to any unit, component, or provision provided for by this chapter. (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 Administra- tion as the Commissioner may find necessary. Within the limitations of such delegations, re- delegations, or assignments, all official acts and decisions of such officers and employees shall have the same force and effect as though per- formed or rendered by the Commissioner. Page 2489 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 902 (8) The Commissioner and the Secretary of Health and Human Services (in this subchapter referred to as the ‘‘Secretary’’) shall consult, on an ongoing basis, to ensure— (A) the coordination of the programs admin- istered by the Commissioner, as described in section 901 of this title, with the programs ad- ministered by the Secretary under sub- chapters XVIII and XIX of this chapter; and (B) that adequate information concerning benefits under such subchapters XVIII and XIX is available to the public. (b) Deputy Commissioner of Social Security (1) There shall be in the Administration a Dep- uty Commissioner of Social Security (in this subchapter referred to as the ‘‘Deputy Commis- sioner’’) who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate. (2) The Deputy Commissioner shall be ap- pointed for a term of 6 years, except that the initial term of office for the Deputy Commis- sioner shall terminate January 19, 2001. In any case in which a successor does not take office at the end of a Deputy Commissioner’s term of of- fice, such Deputy Commissioner may continue in office until the entry upon office of such a successor. A Deputy Commissioner appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term. (3) The Deputy Commissioner shall be com- pensated 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 dur- ing the absence or disability of the Commis- sioner and, unless the President designates an- other officer of the Government as Acting Com- missioner, in the event of a vacancy in the office of the Commissioner. (c) Chief Actuary (1) There shall be in the Administration a Chief Actuary, who shall be appointed by, and in direct line of authority to, the Commissioner. The Chief Actuary shall be appointed from indi- viduals who have demonstrated, by their edu- cation and experience, superior expertise in the actuarial sciences. The Chief Actuary shall serve as the chief actuarial officer of the Admin- istration, and shall exercise such duties as are appropriate for the office of the Chief Actuary and in accordance with professional standards of actuarial independence. The Chief Actuary may be removed only for cause. (2) The Chief Actuary shall be compensated at the highest rate of basic pay for the Senior Ex- ecutive Service under section 5382(b) of title 5. (d) Chief Financial Officer There shall be in the Administration a Chief Financial Officer appointed by the Commis- sioner in accordance with section 901(a)(2) of title 31. (e) Inspector General There shall be in the Administration an In- spector General appointed by the President, by and with the advice and consent of the Senate, in accordance with section 403(a) of title 5. (Aug. 14, 1935, ch. 531, title VII, § 702, 49 Stat. 636; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(c), (d), 64 Stat. 558; Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(C)(i), (l)(1), July 18, 1984, 98 Stat. 1170, 1171; Pub. L. 103–296, title I, § 102, Aug. 15, 1994, 108 Stat. 1465; Pub. L. 104–121, title I, § 103(e)(1), Mar. 29, 1996, 110 Stat. 851; Pub. L. 117–286, § 4(b)(76), Dec. 27, 2022, 136 Stat. 4351.) Editorial Notes REFERENCES IN TEXT Levels I and II of the Executive Schedule, referred to in subsecs. (a)(2) and (b)(3), are set out in sections 5312 and 5313, respectively, of Title 5, Government Organiza- tion and Employees. AMENDMENTS 2022—Subsec. (e). Pub. L. 117–286 substituted ‘‘section 403(a) of title 5.’’ for ‘‘section 3(a) of the Inspector Gen- eral Act of 1978.’’ 1996—Subsecs. (c) to (e). Pub. L. 104–121 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 1994—Pub. L. 103–296 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary shall perform the duties imposed upon him by this chapter and shall also have the duty of studying and making recommendations as to the most effective methods of providing economic security through social insurance, and as to legislation and matters of adminis- trative policy concerning old-age pensions, unemploy- ment compensation, accident compensation, and re- lated subjects.’’ 1984—Pub. L. 98–369, § 2663(l)(1), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Pub. L. 98–369, § 2663(j)(2)(C)(i), which directed the substitution of ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’, could not be exe- cuted because ‘‘Health, Education, and Welfare’’ did not appear in text. 1950—Act Aug. 28, 1950, substituted ‘‘Administrator’’ for ‘‘Board’’ and ‘‘him’’ for ‘‘it’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–121, title I, § 103(e)(2), Mar. 29, 1996, 110 Stat. 851, provided that: ‘‘The amendments made by this subsection [amending this section] shall take ef- fect on the date of the enactment of this Act [Mar. 29, 1996].’’ EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title. ISSUANCE BY COMMISSIONER OF SOCIAL SECURITY OF RECEIPTS TO ACKNOWLEDGE SUBMISSION OF REPORTS OF CHANGES IN WORK OR EARNINGS STATUS OF DIS- ABLED BENEFICIARIES Pub. L. 108–203, title II, § 202, Mar. 2, 2004, 118 Stat. 509, provided that: ‘‘Effective as soon as possible, but not later than 1 year after the date of the enactment of this Act [Mar. 2, 2004], until such time as the Commis- Page 2490 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 902 sioner of Social Security implements a centralized computer file recording the date of the submission of information by a disabled beneficiary (or representa- tive) regarding a change in the beneficiary’s work or earnings status, the Commissioner shall issue a receipt to the disabled beneficiary (or representative) each time he or she submits documentation, or otherwise re- ports to the Commissioner, on a change in such sta- tus.’’ DEMONSTRATION PROJECTS RELATING TO ACCOUNT- ABILITY FOR TELEPHONE SERVICE CENTER COMMU- NICATIONS Pub. L. 101–508, title V, § 5108, Nov. 5, 1990, 104 Stat. 1388–269, directed Secretary of Health and Human Serv- ices to develop and carry out demonstration projects designed to implement certain accountability proce- dures in not fewer than 3 telephone service centers op- erated by the Social Security Administration, provided that such projects commence not later than 180 days after Nov. 5, 1990, and remain in operation for not less than 1 year and not more than 3 years, and directed Secretary to submit to Congress a written report on the progress of the demonstration projects not later than 90 days after the termination of the project. TELEPHONE ACCESS TO SOCIAL SECURITY ADMINISTRATION Pub. L. 103–296, title III, § 302, Aug. 15, 1994, 108 Stat. 1518, directed Comptroller General of the United States to submit to Congress, not later than Jan. 31, 1996, re- port and study of telephone access to local offices of the Social Security Administration, based on inde- pendent assessment of Social Security Administra- tion’s use of innovative technology (including attend- ant call and voice mail) to increase public telephone access to local offices of the Administration. Pub. L. 101–508, title V, § 5110, Nov. 5, 1990, 104 Stat. 1388–272, provided that: ‘‘(a) REQUIRED MINIMUM LEVEL OF ACCESS TO LOCAL OFFICES.—In addition to such other access by telephone to offices of the Social Security Administration as the Secretary of Health and Human Services may consider appropriate, the Secretary shall maintain access by telephone to local offices of the Social Security Admin- istration at the level of access generally available as of September 30, 1989. ‘‘(b) TELEPHONE LISTINGS.—The Secretary shall make such requests of local telephone utilities in the United States as are necessary to ensure that the listings sub- sequently maintained and published by such utilities for each locality include the address and telephone number for each local office of the Social Security Ad- ministration to which direct telephone access is main- tained under subsection (a) in such locality. Such list- ing may also include information concerning the avail- ability of a toll-free number which may be called for general information. ‘‘(c) REPORT BY SECRETARY.—Not later than January 1, 1993, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report which— ‘‘(1) assesses the impact of the requirements estab- lished by this section on the Social Security Admin- istration’s allocation of resources, workload levels, and service to the public, and ‘‘(2) presents a plan for using new, innovative tech- nologies to enhance access to the Social Security Ad- ministration, including access to local offices. ‘‘(d) GAO REPORT.—The Comptroller General of the United States shall review the level of telephone access by the public to the local offices of the Social Security Administration. The Comptroller General shall file an interim report with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate describing such level of tele- phone access not later than 120 days after the date of the enactment of this Act [Nov. 5, 1990] and shall file a final report with such Committees describing such level of access not later than 210 days after such date. ‘‘(e) EFFECTIVE DATE.—The Secretary of Health and Human Services shall meet the requirements of sub- sections (a) and (b) as soon as possible after the date of the enactment of this Act but not later [than] 180 days after such date.’’ REPORT REGARDING NOTICES IN LANGUAGES OTHER THAN ENGLISH Pub. L. 101–239, title X, § 10306(b), Dec. 19, 1989, 103 Stat. 2484, directed Secretary of Health and Human Re- sources, not later than Jan. 1, 1991, to submit a report to Congress relating to procedures of Social Security Administration for issuing notices in languages other than English. STUDY CONCERNING ESTABLISHMENT OF SOCIAL SECURITY ADMINISTRATION AS AN INDEPENDENT AGENCY Pub. L. 98–21, title III, § 338, Apr. 20, 1983, 97 Stat. 132, as amended by Pub. L. 98–369, div. B, title VI, § 2662(h)(1), July 18, 1984, 98 Stat. 1160, established, under authority of Committee on Ways and Means of the House of Representatives and Committee on Fi- nance of the Senate, a Joint Study Panel on the Social Security Administration to undertake a study of re- moving Social Security Administration from Depart- ment of Health and Human Services and establishing it as an independent agency in the executive branch with its own independent administrative structure, includ- ing possibility of such a structure headed by a board appointed by the President, by and with the advice and consent of the Senate, and to submit, not later than Apr. 1, 1984, a report of the findings of the study, and provided that the Panel would expire 30 days after the date of the submission of the report. EARNINGS SHARING IMPLEMENTATION REPORT Pub. L. 98–21, title III, § 343, Apr. 20, 1983, 97 Stat. 136, directed Secretary of Health and Human Services to de- velop, in consultation with Committee on Finance of the Senate and Committee on Ways and Means of the House of Representatives, proposals for earnings shar- ing legislation (i.e., proposals that combined earnings of a husband and wife during period of their marriage be divided equally and shared between them for social security benefit purposes) and report such proposals to such committees not later than July 1, 1984. UNIVERSAL COVERAGE OF SOCIAL SECURITY PROGRAMS; STUDY AND REPORT TO PRESIDENT AND CONGRESS RESPECTING SCOPE, ALTERNATIVES, ETC.; CONSULTA- TION BY SECRETARY Pub. L. 95–216, title III, § 311, Dec. 20, 1977, 91 Stat. 1531, as amended by 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783, directed Sec- retary of Health, Education, and Welfare to undertake as soon as possible after Dec. 20, 1977, a thorough study with respect to extent of coverage under old-age, sur- vivors, and disability insurance programs and under programs established by subchapter XVIII of this chap- ter and submit a report on findings of such study not later than 2 years after Dec. 20, 1977. PROPOSALS FOR ELIMINATION OF DEPENDENCY AND SEX DISCRIMINATION UNDER SOCIAL SECURITY PROGRAM; STUDY AND REPORT TO CONGRESS Pub. L. 95–216, title III, § 341, Dec. 20, 1977, 91 Stat. 1548, directed Secretary of Health, Education, and Wel- fare, in consultation with the Task Force on Sex Dis- crimination, to make a detailed study of proposals to eliminate dependency as a factor in the determination of entitlement to spouse’s benefits under the program established under subchapter II of this chapter and of proposals to bring about equal treatment for men and women in any and all respects under such program and submit a report to Congress within 6 months of Dec. 20, 1977. Page 2491 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 903 § 903. Social Security Advisory Board (a) Establishment of Board There shall be established a Social Security Advisory Board (in this section referred to as the ‘‘Board’’). (b) Functions of Board On and after the date the Commissioner takes office, the Board shall advise the Commissioner on policies related to the old-age, survivors, and disability insurance program under subchapter II, the program of special benefits for certain World War II veterans under subchapter VIII, and the supplemental security income program under subchapter XVI. Specific functions of the Board shall include— (1) analyzing the Nation’s retirement and disability systems and making recommenda- tions with respect to how the old-age, sur- vivors, 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 de- scribed in paragraph (1); (3) making recommendations to the Presi- dent and to the Congress with respect to poli- cies that will ensure the solvency of the old- age, survivors, and disability insurance pro- gram, both in the short-term and the long- term; (4) making recommendations with respect to the quality of service that the Administration provides to the public; (5) making recommendations with respect to policies and regulations regarding the old-age, survivors, and disability insurance program and the supplemental security income pro- gram; (6) increasing public understanding of the so- cial security system; (7) making recommendations with respect to a long-range research and program evaluation plan for the Administration; (8) reviewing and assessing any major stud- ies of social security as may come to the at- tention of the Board; and (9) making recommendations with respect to such other matters as the Board determines to be appropriate. (c) Structure and membership of Board (1) The Board shall be composed of 7 members who shall be appointed as follows: (A) 3 members shall be appointed by the President, by and with the advice and consent of the Senate. Not more than 2 of such mem- bers shall be from the same political party. (B) 2 members (each member from a dif- ferent 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. (C) 2 members (each member from a dif- ferent 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 Com- mittee on Ways and Means. (2) The members shall be chosen on the basis of their integrity, impartiality, and good judg- ment, and shall be individuals who are, by rea- son of their education, experience, and attain- ments, exceptionally qualified to perform the duties of members of the Board. (d) Terms of appointment Each member of the Board shall serve for a term of 6 years, except that— (1) a member appointed to a term of office after the commencement of such term may serve under such appointment only for the re- mainder of such term; and (2) the terms of service of the members ini- tially appointed under this section shall begin on October 1, 1994, and expire as follows: (A) The terms of service of the members initially appointed by the President shall ex- pire 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 ini- tially appointed by the President pro tem- pore 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) 3 years; and (ii) 6 years. (C) The terms of service of members ini- tially appointed by the Speaker of the House of Representatives shall expire as designated by the Speaker of the House of Representa- tives at the time of nomination, 1 each at the end of— (i) 4 years; and (ii) 5 years. (e) Chairman 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 Presi- dent, or until the designation of a successor. (f) Compensation, expenses, and per diem A member of the Board shall, for each day (in- cluding traveltime) during which the member is attending meetings or conferences of the Board or otherwise engaged in the business of the Board, be compensated at the daily rate of basic pay for level IV of the Executive Schedule. While serving on business of the Board away from their homes or regular places of business, members may be allowed travel expenses, in- cluding per diem in lieu of subsistence, as au- thorized by section 5703 of title 5 for persons in the Government employed intermittently. (g) Meetings (1) The Board shall meet at the call of the Chairman (in consultation with the other mem- bers of the Board) not less than 4 times each year to consider a specific agenda of issues, as determined by the Chairman in consultation with the other members of the Board. (2) Four members of the Board (not more than 3 of whom may be of the same political party) shall constitute a quorum for purposes of con- ducting business.