
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: 42USC903]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
                     SUBCHAPTER VII--ADMINISTRATION
 
Sec. 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 of this chapter, 
the program of special benefits for certain World War II veterans under 
subchapter VIII of this chapter, and the supplemental security income 
program under subchapter XVI of this chapter. Specific functions of the 
Board shall include--
        (1) analyzing the Nation's retirement and disability systems and 
    making recommendations with respect to how the old-age, 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 
    and 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.

(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 
    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.

(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 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
                (ii) 6 years.

            (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
                (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 
President, or until the designation of a successor.

(f) Expenses and per diem

    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 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 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.

(h) Federal Advisory Committee Act

    The Board shall be exempt from the provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.).

(i) Personnel

    The Board shall, without regard to the provisions of title 5 
relating to the competitive service, appoint a Staff Director who shall 
be paid at a rate equivalent to a rate established for the Senior 
Executive Service under section 5382 of title 5. 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 
relating to the competitive service.

(j) Authorization of appropriations

    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.

(Aug. 14, 1935, ch. 531, title VII, Sec. 703, 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(l)(1), July 18, 1984, 98 Stat. 1171; 
Pub. L. 103-296, title I, Sec. 103, Aug. 15, 1994, 108 Stat. 1467; Pub. 
L. 104-121, title I, Sec. 108, Mar. 29, 1996, 110 Stat. 857; Pub. L. 
105-33, title V, Sec. 5526, Aug. 5, 1997, 111 Stat. 625; Pub. L. 106-
169, title II, Sec. 251(b)(4), Dec. 14, 1999, 113 Stat. 1855.)

                       References In Text

    The Federal Advisory Committee Act, referred to in subsec. (h), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.
    The provisions of title 5 relating to the competitive service, 
referred to in subsec. (i), are classified generally to section 3301 et 
seq. of Title 5.


                               Amendments

    1999--Subsec. (b). Pub. L. 106-169 substituted ``subchapter II of 
this chapter, the program of special benefits for certain World War II 
veterans under title VIII of this chapter,'' for ``subchapter II of this 
chapter'' in introductory provisions.
    1997--Subsec. (i). Pub. L. 105-33 struck out ``, 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,'' after 
``Staff Director'' and ``clerical'' after ``provide adequate''.
    1996--Subsec. (i). Pub. L. 104-121 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,'' after 
``Staff Director''.
    1994--Pub. L. 103-296 amended section generally. Prior to amendment, 
section read as follows: ``The Secretary is authorized to appoint and 
fix the compensation of such officers and employees, and to make such 
expenditures, as may be necessary for carrying out his functions under 
this chapter. Appointments of attorneys and experts may be made without 
regard to the civil-service laws.''
    1984--Pub. L. 98-369 substituted ``Secretary'' for 
``Administrator''.
    1950--Act Aug. 28, 1950, substituted ``Administrator'' for ``Board'' 
and ``his'' for ``its''.


                    Effective Date of 1997 Amendment

    Section 5528 of title V of Pub. L. 105-33 provided that:
    ``(a) In General.--Except as provided in this section, the 
amendments made by this chapter [chapter 2 (Secs. 5521-5528) of subtitle 
F of title V of Pub. L. 105-33, amending this section, sections 1310, 
1382, 1382c, 1382d, and 1383 of this title, and provisions set out as a 
note under section 1382 of this title and repealing provisions set out 
as notes under sections 425 and 1382 of this title] shall take effect as 
if included in the enactment of title II of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 
Stat. 2185).
    ``(b) Section 5524 Amendments.--The amendments made by section 5524 
of this Act [amending section 1310 of this title] shall take effect as 
if included in the enactment of the Social Security Independence and 
Program Improvements Act of 1994 (Public Law 103-296; 108 Stat. 1464).
    ``(c) Section 5525 Amendments.--
        ``(1) In general.--The amendments made by subsections (a) and 
    (b) of section 5525 of this Act [amending provisions set out as a 
    note under section 1382 of this title] shall take effect as if 
    included in the enactment of section 105 of the Contract with 
    America Advancement Act of 1996 (Public Law 104-121; 110 Stat. 852 
    et seq.).
        ``(2) Repeals.--The repeals made by section 5525(c) [repealing 
    provisions set out as notes under sections 425 and 1382 of this 
    title] shall take effect on the date of the enactment of this Act 
    [Aug. 5, 1997].
    ``(d) Section 5526 Amendments.--The amendments made by section 5526 
of this Act [amending this section] shall take effect as if included in 
the enactment of section 108 of the Contract with America Advancement 
Act of 1996 (Public Law 104-121; 110 Stat. 857).
    ``(e) Section 5227.--Section 5227 [probably means section 5527 of 
this Act which is set out as a note under section 909 of this title] 
shall take effect on the date of the enactment of this Act.''


                    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.
