ment 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. Chief Actuary (c)(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, United States Code. 4 Chief Financial Officer (d) There shall be in the Administration a Chief Financial Officer appointed by the Commissioner in accordance with section 901(a)(2) of title 31, United States Code. Inspector General (e) 6 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. SOCIAL SECURITY ADVISORY BOARD Establishment of Board SEC. 703. [42 U.S.C. 903] (a) There shall be established a Social Security Advisory Board (in this section referred to as the "Board"). (b) On and after the date the Commissioner takes office, the Board shall advise the Commissioner on policies related to the oldage, survivors, and disability insurance program under title II and the supplemental security income program under title XVI. Specific functions of the Board of the Board shall include (1) analyzing the Nation's retirement and disability systems and making recommendations with respect to how the old-age, P.L. 104-121, §103(e)(1)(B), added this subsection (c), effective March 29, 1996. SP.L. 104-121, §103(e)(1)(A), redesignated the former subsection (c) as subsection (d), effective March 29, 1996. "P.L. 104-121, §103(e)(1)(B), redesignated the former subsection (d) as subsection (e), effective March 29, 1996. survivors, 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 described in paragraph (1); (3) making recommendations to the President and to the Congress with respect to policies that will ensure the solvency of the old-age, survivors, and disability insurance program, 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 program; (6) increasing public understanding of the social security system; (7) making recommendations with respect to a long-range research program evaluation plan for the Administration; (8) reviewing and assessing any major studies of social security as may come to the attention of the Board; and (9) making recommendations with respect to such other matters as the Board determines to be appropriate. Structure and Membership of the Board (c)(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 members shall be from the same political party. (B) 2 members (each member from a different 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 different 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 Committee on Ways and Means. (2) The members shall be chosen on the basis of their integrity, impartiality, and good judgment, and shall be individuals who are, by reason of their education, experience, and attainments, exceptionally qualified to perform the duties of members of the Board. Terms of Appointment (d) 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 remainder of such term; and (2) the terms of service of the members initially 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 expire 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 initially appointed by the President pro tempore 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 (C) The terms of service of members initially appointed by the Speaker of the House of Representatives shall expire as designated by the Speaker of the House of Representatives at the time of nomination, 1 each at the end of (i) 4 years; and Chairman (e) 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 President, or until the designation of a successor. Expenses and Per Diem (f) Members of the Board shall serve without compensation, except that, while serving on business of the Board away from their homes or regular places of business, members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government employed intermittently. Meeting (g)(1) The Board shall meet at the call of the Chairman (in consultation with the other members 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 conducting business. Federal Advisory Committee Act (h) The Board shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). Personnel (i) The Board shall, without regard to the provisions of title 5, United States Code, relating to the competitive service, appoint a Staff Director who are not members of the political party represented by the majority of the Board, who shall be paid at a rate equivalent to a rate established for the Senior Executive Service under section 5382 of title 5, United States Code. The Board shall appoint such additional personnel as the Board determines to be necessary to provide adequate support for the Board, and may compensate such additional personnel without regard to the provisions of title 5, United States Code, relating to the competitive service. Authorization of Appropriations (j) There are authorized to be appropriated, out of the Federal Disability Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the general fund of the Treasury, such sums as are necessary to carry out the purposes of this section. ADMINISTRATIVE DUTIES OF THE COMMISSIONER 10 Personnel SEC. 704. [42 U.S.C. 904] (a)(1) The Commissioner shall appoint such additional officers and employees as the Commissioner considers necessary to carry out the functions of the Administration under this Act, and attorneys and experts may be appointed without regard to the civil service laws. Except as otherwise provided in the preceding sentence or in any other provision of law, such officers and employees shall be appointed, and their compensation shall be fixed, in accordance with title 5, United States Code. (2) The Commissioner may procure the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code. (3) Notwithstanding any requirements of section 3133 of title 5, United States Code, the Director of the Office of Personnel Management shall authorize for the Administration a total number of Senior Executive Service positions which is substantially greater than the number of such positions authorized in the Social Security Administration in the Department of Health and Human Services as of immediately before the date of the enactment of the Social Security Independence Program Improvements Act of 1994 11 to the extent that the greater number of such authorized positions is specified in the comprehensive work force plan as established and revised by the Commissioner under subsection (b)(2). The total number of such positions authorized for the Administration shall 7P.L. 105-33, §5526(1), struck out ", and three professional staff members one of whom shall be appointed from among individuals approved by the members of the Board", effective as if included in the enactment of section 108 of P.L. 104-121, March 29, 1996. P.L. 104-121, §108, inserted ", and three professional staff members one of whom shall be appointed from among individuals approved by the members of the Board who are not members of the political party represented by the majority of the Board,", effective March 29, 1996. 9P.L. 105-33, §5526(2), struck out "clerical", effective as if included in the enactment of section 108 of P.L. 104-121, March 29, 1996. 10 See Vol. II, P.L. 103-296, §104(b), with respect to a report on SES positions under comprehensive work force plan; §104(c), with respect to the effective date and transition rule for certain data exchange provisions; $105, with respect to transfers to the new Social Security Administration; and $106, with respect to transition rules. August 15, 1994 (P.L. 103-296; 108 Stat. 1464]. not at any time be less than the number of such authorized positions as of immediately before such date. Budgetary Matters (b)(1) The Commissioner shall prepare an annual budget for the Administration, which shall be submitted by the President to the Congress without revision, together with the President's annual budget for the Administration. (2)(A) Appropriations requests for staffing and personnel of the Administration shall be based upon a comprehensive work force plan, which shall be established and revised from time to time by the Commissioner. (B) Appropriations for administrative expenses of the Administration are authorized to be provided on a biennial basis. Employment Restriction (c) The total number of positions in the Administration (other than positions established under section 702) which (1) are held by noncareer appointees (within the meaning of section 3132(a)(7) of title 5, United States Code) in the Senior Executive Service, or (2) have been determined by the President or the Office of Personnel Management to be of a confidential, policy-determining, policy-making, or policy-advocating character and have been excepted from the competitive service thereby, may not exceed at any time the equivalent of 20 full-time positions. Seal of Office (d) The Commissioner shall cause a seal of office to be made for the Administration of such design as the Commissioner shall approve. Judicial notice shall be taken of such seal. Data Exchanges (e)(1) Notwithstanding any other provision of law (including subsection (b), (o), (p), (q), (r), and (u) of section 552a of title 5, United States Code)— (A) the Secretary shall disclose to the Commissioner any record or information requested in writing by the Commissioner for the purpose of administering any program administered by the Commissioner, if records or information of such type were disclosed to the Commissioner of Social Security in the Department of Health and Human Services under applicable rules, regulations, and procedures in effect before the date of the enactment of the Social Security Independence and Program Improvements Act of 1994; and (B) the Commissioner shall disclose to the Secretary or to any State any record or information requested in writing by the Secretary to be so disclosed for the purpose of administering any program administered by the Secretary, if records or information of such type were so disclosed under applicable rules, regulations, and procedures in effect before the date of the enactment of the Social Security Independence and Program Improvements Act of 1994. |