US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC902]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
                     SUBCHAPTER VII--ADMINISTRATION
 
Sec. 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 subchapter 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 activities thereof.
    (5) The Commissioner may prescribe such rules and regulations as the 
Commissioner determines necessary or appropriate to carry out the 
functions of the Administration. The regulations prescribed by the 
Commissioner shall be subject to the rulemaking procedures established 
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 appropriate, 
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 Administration as the Commissioner 
may find necessary. Within the limitations of such delegations, 
redelegations, or assignments, all official acts and decisions of such 
officers and employees shall have the same force and effect as though 
performed or rendered by the Commissioner.
    (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 administered by the 
    Commissioner, as described in section 901 of this title, with the 
    programs administered by the Secretary under subchapters XVIII and 
    XIX of this chapter; and
        (B) that adequate information concerning benefits under such 
    subchapters XVIII and XIX of this chapter is available to the 
    public.

(b) Deputy Commissioner of Social Security

    (1) There shall be in the Administration a Deputy Commissioner of 
Social Security (in this subchapter referred to as the ``Deputy 
Commissioner'') who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    (2) The Deputy Commissioner shall be appointed for a term of 6 
years, except that the initial term of office for the Deputy 
Commissioner 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 office, 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 compensated 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 during the absence or disability of the Commissioner and, 
unless the President designates another officer of the Government as 
Acting Commissioner, 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 individuals who have 
demonstrated, by their education and experience, superior expertise in 
the actuarial sciences. The Chief Actuary shall serve as the chief 
actuarial officer of the Administration, 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 Executive 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 Commissioner in accordance with section 901(a)(2) of 
title 31.

(e) Inspector General

    There shall be in the Administration an Inspector General appointed 
by the President, by and with the advice and consent of the Senate, in 
accordance with section 3(a) of the Inspector General Act of 1978.

(Aug. 14, 1935, ch. 531, title VII, Sec. 702, 49 Stat. 636; Aug. 28, 
1950, ch. 809, title III, pt. 6, Sec. 361(c), (d), 64 Stat. 558; Pub. L. 
98-369, div. B, title VI, Sec. 2663(j)(2)(C)(i), (l)(1), July 18, 1984, 
98 Stat. 1170, 1171; Pub. L. 103-296, title I, Sec. 102, Aug. 15, 1994, 
108 Stat. 1465; Pub. L. 104-121, title I, Sec. 103(e)(1), Mar. 29, 1996, 
110 Stat. 851.)

                       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 Organization and Employees.
    Section 3(a) of the Inspector General Act of 1978, referred to in 
subsec. (e), is section 3(a) of Pub. L. 95-452, which is set out in the 
Appendix to Title 5, Government Organization and Employees.


                               Amendments

    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 administrative policy concerning old-age 
pensions, unemployment compensation, accident compensation, and related 
subjects.''
    1984--Pub. L. 98-369, Sec. 2663(l)(1), substituted ``Secretary'' for 
``Administrator''.
    Pub. L. 98-369, Sec. 2663(j)(2)(C)(i), which directed the 
substitution of ``Health and Human Services'' for ``Health, Education, 
and Welfare'', could not be executed because ``Health, Education, and 
Welfare'' did not appear in text.
    1950--Act Aug. 28, 1950, substituted ``Administrator'' for ``Board'' 
and ``him'' for ``it''.


                    Effective Date of 1996 Amendment

    Section 103(e)(2) of Pub. L. 104-121 provided that: ``The amendments 
made by this subsection [amending this section] shall take effect 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.


Demonstration Projects Relating to Accountability for Telephone Service 
                          Center Communications

    Pub. L. 101-508, title V, Sec. 5108, Nov. 5, 1990, 104 Stat. 1388-
269, directed Secretary of Health and Human Services to develop and 
carry out demonstration projects designed to implement certain 
accountability procedures in not fewer than 3 telephone service centers 
operated 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

    Section 302 of Pub. L. 103-296 directed Comptroller General of the 
United States to submit to Congress, not later than Jan. 31, 1996, 
report and study of telephone access to local offices of the Social 
Security Administration, based on independent assessment of Social 
Security Administration's use of innovative technology (including 
attendant call and voice mail) to increase public telephone access to 
local offices of the Administration.
    Pub. L. 101-508, title V, Sec. 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 Administration 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 subsequently maintained and published by such 
utilities for each locality include the address and telephone number for 
each local office of the Social Security Administration to which direct 
telephone access is maintained under subsection (a) in such locality. 
Such listing may also include information concerning the availability 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 established by 
    this section on the Social Security Administration's allocation of 
    resources, workload levels, and service to the public, and
        ``(2) presents a plan for using new, innovative technologies to 
    enhance access to the Social Security Administration, 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 telephone 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 subsections (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, Sec. 10306(b), Dec. 19, 1989, 103 Stat. 
2484, directed Secretary of Health and Human Resources, 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, Sec. 338, Apr. 20, 1983, 97 Stat. 132, as 
amended by Pub. L. 98-369, div. B, title VI, Sec. 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 Finance of 
the Senate, a Joint Study Panel on the Social Security Administration to 
undertake a study of removing Social Security Administration from 
Department of Health and Human Services and establishing it as an 
independent agency in the executive branch with its own independent 
administrative structure, including 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, Sec. 343, Apr. 20, 1983, 97 Stat. 136, 
directed Secretary of Health and Human Services to develop, in 
consultation with Committee on Finance of the Senate and Committee on 
Ways and Means of the House of Representatives, proposals for earnings 
sharing 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.; 
                        Consultation by Secretary

    Pub. L. 95-216, title III, Sec. 311, Dec. 20, 1977, 91 Stat. 1531, 
as amended by 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 
F.R. 36037, 92 Stat. 3783, directed Secretary 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, survivors, and 
disability insurance programs and under programs established by 
subchapter XVIII of this chapter 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, Sec. 341, Dec. 20, 1977, 91 Stat. 1548, 
directed Secretary of Health, Education, and Welfare, in consultation 
with the Task Force on Sex Discrimination, 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.

                  Section Referred to in Other Sections

    This section is referred to in section 904 of this title.