
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC901]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
                     SUBCHAPTER VII--ADMINISTRATION
 
Sec. 901. Social Security Administration

    (a) There is hereby established, as an independent agency in the 
executive branch of the Government, a Social Security Administration (in 
this subchapter referred to as the ``Administration'').
    (b) It shall be the duty of the Administration to administer the 
old-age, survivors, and disability insurance program under subchapter II 
of this chapter and the supplemental security income program under 
subchapter XVI of this chapter.

(Aug. 14, 1935, ch. 531, title VII, Sec. 701, 49 Stat. 635; Aug. 28, 
1950, ch. 809, title IV, Sec. 401(a), 64 Stat. 558; Pub. L. 103-296, 
title I, Sec. 101, Aug. 15, 1994, 108 Stat. 1465.)


                               Amendments

    1994--Pub. L. 103-296 amended section generally, substituting 
present provisions for former provisions relating to a Commissioner for 
Social Security in the Federal Security Agency.
    1950--Act Aug. 28, 1950, amended section generally to provide for 
the appointment of a Commissioner of Social Security.


                    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.


             Transfers to New Social Security Administration

    Section 105 of title I of Pub. L. 103-296 provided that:
    ``(a) Functions.--
        ``(1) In general.--There are transferred to the Social Security 
    Administration all functions of the Secretary of Health and Human 
    Services with respect to or in support of the programs and 
    activities the administration of which is vested in the Social 
    Security Administration by reason of this title [see Tables for 
    classification] and the amendments made thereby. The Commissioner of 
    Social Security shall allocate such functions in accordance with 
    sections 701, 702, 703, and 704 of the Social Security Act [this 
    section and sections 902 to 904 of this title] (as amended by this 
    title).
        ``(2) Functions of other agencies.--
            ``(A) In general.--Subject to subparagraph (B), the Social 
        Security Administration shall also perform--
                ``(i) the functions of the Department of Health and 
            Human Services, including functions relating to titles XVIII 
            and XIX of the Social Security Act [subchapters XVIII and IX 
            of this chapter] (including adjudications, subject to final 
            decisions by the Secretary of Health and Human Services), 
            that the Social Security Administration in such Department 
            performed as of immediately before the date of the enactment 
            of this Act [Aug. 15, 1994], and
                ``(ii) the functions of any other agency for which 
            administrative responsibility was vested in the Social 
            Security Administration in the Department of Health and 
            Human Services as of immediately before the date of the 
            enactment of this Act.
            ``(B) Rules governing continuation of functions in the 
        administration.--The Social Security Administration shall 
        perform, on behalf of the Secretary of Health and Human Services 
        (or the head of any other agency, as applicable), the functions 
        described in subparagraph (A) in accordance with the same 
        financial and other terms in effect on the day before the date 
        of the enactment of this Act, except to the extent that the 
        Commissioner and the Secretary (or other agency head, as 
        applicable) agree to alter such terms pertaining to any such 
        function or to terminate the performance by the Social Security 
        Administration of any such function.
    ``(b) Personnel, Assets, Etc.--
        ``(1) In general.--There are transferred from the Department of 
    Health and Human Services to the Social Security Administration, for 
    appropriate allocation by the Commissioner of Social Security in the 
    Social Security Administration--
            ``(A) the personnel employed in connection with the 
        functions transferred by this title and the amendments made 
        thereby; and
            ``(B) the assets, liabilities, contracts, property, records, 
        and unexpended balance of appropriations, authorizations, 
        allocations, and other funds employed, held, or used in 
        connection with such functions, arising from such functions, or 
        available, or to be made available, in connection with such 
        functions.
        ``(2) Unexpended funds.--Unexpended funds transferred pursuant 
    to this subsection shall be used only for the purposes for which the 
    funds were originally appropriated.
        ``(3) Employment protections.--
            ``(A) In general.--During the 1-year period beginning March 
        31, 1995--
                ``(i) the transfer pursuant to this section of any full-
            time personnel (except special Government employees) and 
            part-time personnel holding permanent positions shall not 
            cause any such personnel to be separated or reduced in grade 
            or compensation solely as a result of such transfer, and
                ``(ii) except as provided in subparagraph (B), any such 
            personnel who were not employed in the Social Security 
            Administration in the Department of Health and Human 
            Services immediately before the date of the enactment of 
            this Act [Aug. 15, 1994] shall not be subject to directed 
            reassignment to a duty station outside their commuting area.
            ``(B) Special rules.--
                ``(i) In the case of personnel whose duty station is in 
            the Washington, District of Columbia, commuting area 
            immediately before March 31, 1995, subparagraph (A)(ii) 
            shall not apply with respect to directed reassignment to a 
            duty station in the Baltimore, Maryland, commuting area 
            after September 30, 1995.
                ``(ii) In the case of personnel whose duty station is in 
            the Baltimore, Maryland, commuting area immediately before 
            March 31, 1995, subparagraph (A)(ii) shall not apply with 
            respect to directed reassignment to a duty station in the 
            Washington, District of Columbia, commuting area after 
            September 30, 1995.
        ``(4) Office space.--Notwithstanding section 7 of the Public 
    Buildings Act of 1959 (40 U.S.C. 606), and subject to available 
    appropriations, the Administrator of General Services may, after 
    consultation with the Commissioner of Social Security and under such 
    terms and conditions as the Administrator finds to be in the 
    interests of the United States--
            ``(A) acquire occupiable space in the metropolitan area of 
        Washington, District of Columbia, for housing the Social 
        Security Administration, and
            ``(B) renovate such space as necessary.
    ``(c) Inter-Agency Transfer Arrangement.--The Secretary of Health 
and Human Services and the Commissioner of Social Security shall enter 
into a written inter-agency transfer arrangement (in this subsection 
referred to as the `arrangement'), which shall be effective March 31, 
1995. Transfers made pursuant to this section shall be in accordance 
with the arrangement, which shall specify the personnel and resources to 
be transferred as provided under this section. The terms of such 
arrangement shall be transmitted not later than January 1, 1995, to the 
Committee on Ways and Means of the House of Representatives, to the 
Committee on Finance of the Senate, and to the Comptroller General of 
the United States. Not later than February 15, 1995, the Comptroller 
General shall submit a report to each such Committee setting forth an 
evaluation of such arrangement.''
    [Section 105(a)-(b)(3) of Pub. L. 103-296, set out above, effective 
Mar. 31, 1995, and section 105(b)(4), (c) of Pub. L. 103-296, set out 
above, effective Aug. 15, 1994, see section 110(a), (c) of Pub. L. 103-
296, set out as an Effective Date of 1994 Amendment note under section 
401 of this title.]


                            Transition Rules

    Section 106 of title I of Pub. L. 103-296 provided that:
    ``(a) Transition Rules Relating to Officers of the Social Security 
Administration.--
        ``(1) Appointment of initial commissioner of social security.--
    The President shall nominate for appointment the initial 
    Commissioner of Social Security to serve as head of the Social 
    Security Administration established under section 701 of the Social 
    Security Act [this section] (as amended by this Act) not later than 
    60 days after the date of the enactment of this Act [Aug. 15, 1994].
        ``(2) Assumption of office of initial commissioner before 
    effective date of new agency.--If the appointment of the initial 
    Commissioner of Social Security pursuant to section 702 of the 
    Social Security Act [section 902 of this title] (as amended by this 
    Act) is confirmed by the Senate pursuant to such section 702 before 
    March 31, 1995, the individual shall take office as Commissioner 
    immediately upon confirmation, and, until March 31, 1995, such 
    Commissioner shall perform the functions of the Commissioner of 
    Social Security in the Department of Health and Human Services.
        ``(3) Treatment of inspector general and other appointments.--At 
    any time on or after the date of the enactment of this Act [Aug. 15, 
    1994], any of the officers provided for in section 702 of the Social 
    Security Act (as amended by this title) and any of the members of 
    the Social Security Advisory Board provided for in section 703 of 
    such Act [section 903 of this title] (as so amended) may be 
    nominated and take office, under the terms and conditions set out in 
    such sections.
        ``(4) Compensation for initial officers and board members before 
    effective date of new agency.--Funds available to any official or 
    component of the Department of Health and Human Services, functions 
    of which are transferred to the Commissioner of Social Security or 
    the Social Security Administration by this title [see Tables for 
    classification], may, with the approval of the Director of the 
    Office of Management and Budget, be used to pay the compensation and 
    expenses of any officer or employee of the new Social Security 
    Administration and of any member or staff of the Social Security 
    Advisory Board who takes office pursuant to this subsection before 
    March 31, 1995, until such time as funds for that purpose are 
    otherwise available.
        ``(5) Interim role of current commissioner after effective date 
    of new agency.--In the event that, as of March 31, 1995, an 
    individual appointed to serve as the initial Commissioner of Social 
    Security has not taken office, until such initial Commissioner has 
    taken office, the officer serving on March 31, 1995, as Commissioner 
    of Social Security (or Acting Commissioner of Social Security, if 
    applicable) in the Department of Health and Human Services shall, 
    while continuing to serve as such Commissioner of Social Security 
    (or Acting Commissioner of Social Security), serve as Commissioner 
    of Social Security (or Acting Commissioner of Social Security, 
    respectively) in the Social Security Administration established 
    under such section 701 and shall assume the powers and duties under 
    such Act [this chapter] (as amended by this Act) of the Commissioner 
    of Social Security in the Social Security Administration as so 
    established under such section 701. In the event that, as of March 
    31, 1995, the President has not nominated an individual for 
    appointment to the office of Commissioner of Social Security in the 
    Social Security Administration established under such section 701, 
    then the individual serving as Commissioner of Social Security (or 
    Acting Commissioner of Social Security, if applicable) in the 
    Department of Health and Human Services shall become the Acting 
    Commissioner of Social Security in the Social Security 
    Administration as so established under such section 701.
        ``(6) Interim inspector general.--The Commissioner of Social 
    Security may appoint an individual to assume the powers and duties 
    under the Inspector General Act of 1978 [Pub. L. 95-452, set out in 
    the Appendix to Title 5, Government Organization and Employees] of 
    Inspector General of the Social Security Administration as 
    established under section 701 of the Social Security Act for a 
    period not to exceed 60 days. The Inspector General of the 
    Department of Health and Human Services may, when so requested by 
    the Commissioner, while continuing to serve as Inspector General in 
    such Department, serve as Inspector General of the Social Security 
    Administration established under such section 701 and shall assume 
    the powers and duties under the Inspector General Act of 1978 of 
    Inspector General of the Social Security Administration as 
    established under such section 701. The Social Security 
    Administration shall reimburse the Office of Inspector General of 
    the Department of Health and Human Services for costs of any 
    functions performed pursuant to this subsection, from funds 
    available to the Administration at the time the functions are 
    performed. The authority under this paragraph to exercise the powers 
    and duties of the Inspector General shall terminate upon the entry 
    upon office of an Inspector General for the Social Security 
    Administration under the Inspector General Act of 1978.
        ``(7) Abolishment of office of commissioner of social security 
    in the department of health and human services.--Effective when the 
    initial Commissioner of Social Security of the Social Security 
    Administration established under section 701 of the Social Security 
    Act (as amended by this title) takes office pursuant to section 702 
    of such Act (as so amended)--
            ``(A) the position of Commissioner of Social Security in the 
        Department of Health and Human Services is abolished; and
            ``(B) [Amended section 5315 of Title 5, Government 
        Organization and Employees.]
    ``(b) Continuation of Orders, Determinations, Rules, Regulations, 
Etc.--All orders, determinations, rules, regulations, permits, 
contracts, collective bargaining agreements (and ongoing negotiations 
relating to such collective bargaining agreements), recognitions of 
labor organizations, certificates, licenses, and privileges--
        ``(1) which have been issued, made, promulgated, granted, or 
    allowed to become effective, in the exercise of functions (A) which 
    were exercised by the Secretary of Health and Human Services (or the 
    Secretary's delegate), and (B) which relate to functions which, by 
    reason of this title, the amendments made thereby, and regulations 
    prescribed thereunder, are vested in the Commissioner of Social 
    Security; and
        ``(2) which are in effect immediately before March 31, 1995,
shall (to the extent that they relate to functions described in 
paragraph (1)(B)) continue in effect according to their terms until 
modified, terminated, suspended, set aside, or repealed by such 
Commissioner, except that any collective bargaining agreement shall 
remain in effect until the date of termination specified in such 
agreement.
    ``(c) Continuation of Proceedings.--The provisions of this title 
(including the amendments made thereby) shall not affect any proceeding 
pending before the Secretary of Health and Human Services immediately 
before March 31, 1995, with respect to functions vested (by reason of 
this title, the amendments made thereby, and regulations prescribed 
thereunder) in the Commissioner of Social Security, except that such 
proceedings, to the extent that such proceedings relate to such 
functions, shall continue before such Commissioner. Orders shall be 
issued under any such proceeding, appeals taken therefrom, and payments 
shall be made pursuant to such orders, in like manner as if this title 
had not been enacted, and orders issued in any such proceeding shall 
continue in effect until modified, terminated, superseded, or repealed 
by such Commissioner, by a court of competent jurisdiction, or by 
operation of law.
    ``(d) Continuation of Suits.--Except as provided in this 
subsection--
        ``(1) the provisions of this title shall not affect suits 
    commenced before March 31, 1995; and
        ``(2) in all such suits proceedings shall be had, appeals taken, 
    and judgments rendered, in the same manner and effect as if this 
    title had not been enacted.
No cause of action, and no suit, action, or other proceeding commenced 
by or against any officer in such officer's official capacity as an 
officer of the Department of Health and Human Services, shall abate by 
reason 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 appropriate, 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 
regulations prescribed thereunder) is vested in the Commissioner 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 functions 
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 statutory requirements relating to notice, 
hearings, action upon the record, or administrative review that apply to 
any function so vested in such Commissioner shall continue 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 Security under this title, the 
amendments made thereby, and regulations prescribed thereunder, such 
Commissioner shall have the same authority as that vested in the 
Secretary of Health and Human Services with respect to the exercise of 
such functions immediately preceding the vesting of such functions in 
such Commissioner, and actions of such Commissioner shall have the same 
force and effect as when exercised by such Secretary.''


                          Rules of Construction

    Section 109 of title I of Pub. L. 103-296 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 Department of 
Health and Human Services with respect to such Department's functions 
under the old-age, survivors, and disability insurance program under 
title II of the Social Security Act [subchapter II of this chapter] or 
the supplemental security income program under title XVI of such Act 
[subchapter XVI of this chapter] or other functions performed by the 
Social Security Administration pursuant 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 provision 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 functions under the old-age, survivors, and 
disability insurance 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 section 105(a)(2) of this Act, such reference shall be 
considered a reference to the Commissioner of Social Security.
    ``(c) References to Other Officers and Employees.--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 
document to any other officer or employee of the Department 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 security 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 902 of this title.
