
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: 42USC907a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
                     SUBCHAPTER VII--ADMINISTRATION
 
Sec. 907a. National Commission on Social Security


(a) Establishment; membership; Chairman and Vice Chairman; quorum; terms 
        of office; vacancies; per diem and expense reimbursement; 
        meetings

    (1) There is established a commission to be known as the National 
Commission on Social Security (hereinafter referred to as the 
``Commission'').
    (2)(A) The Commission shall consist of--
        (i) five members to be appointed by the President, by and with 
    the advice and consent of the Senate, one of whom shall, at the time 
    of appointment, be designated as Chairman of the Commission;
        (ii) two members to be appointed by the Speaker of the House of 
    Representatives; and
        (iii) two members to be appointed by the President pro tempore 
    of the Senate.

    (B) At no time shall more than three of the members appointed by the 
President, one of the members appointed by the Speaker of the House of 
Representatives, or one of the members appointed by the President pro 
tempore of the Senate be members of the same political party.
    (C) The membership of the Commission shall consist of individuals 
who are of recognized standing and distinction and who possess the 
demonstrated capacity to discharge the duties imposed on the Commission, 
and shall include representatives of the private insurance industry and 
of recipients and potential recipients of benefits under the programs 
involved as well as individuals whose capacity is based on a special 
knowledge or expertise in those programs. No individual who is otherwise 
an officer or full-time employee of the United States shall serve as a 
member of the Commission.
    (D) The Chairman of the Commission shall designate a member of the 
Commission to act as Vice Chairman of the Commission.
    (E) A majority of the members of the Commission shall constitute a 
quorum, but a lesser number may conduct hearings.
    (F) Members of the Commission shall be appointed for a term which 
shall end on April 1, 1981.
    (G) A vacancy in the Commission shall not affect its powers, but 
shall be filled in the same manner as that herein provided for the 
appointment of the member first appointed to the vacant position.
    (3) Members of the Commission shall receive $138 per diem while 
engaged in the actual performance of the duties vested in the 
Commission, plus reimbursement for travel, subsistence, and other 
necessary expenses incurred in the performance of such duties.
    (4) The Commission shall meet at the call of the Chairman, or at the 
call of a majority of the members of the Commission; but meetings of the 
Commission shall be held not less frequently than once in each calendar 
month which begins after a majority of the authorized membership of the 
Commission has first been appointed.

(b) Continuing study, investigation, and review of social security 
        program; scope of study, etc., and public participation

    (1) It shall be the duty and function of the Commission to conduct a 
continuing study, investigation, and review of--
        (A) the Federal old-age, survivors, and disability insurance 
    program established by subchapter II of this chapter; and
        (B) the health insurance programs established by subchapter 
    XVIII of this chapter.

    (2) Such study, investigation, and review of such programs shall 
include (but not be limited to)--
        (A) the fiscal status of the trust funds established for the 
    financing of such programs and the adequacy of such trust funds to 
    meet the immediate and long-range financing needs of such programs;
        (B) the scope of coverage, the adequacy of benefits including 
    the measurement of an adequate retirement income, and the conditions 
    of qualification for benefits provided by such programs including 
    the application of the retirement income test to unearned as well as 
    earned income;
        (C) the impact of such programs on, and their relation to, 
    public assistance programs, nongovernmental retirement and annuity 
    programs, medical service delivery systems, and national employment 
    practices;
        (D) any inequities (whether attributable to provisions of law 
    relating to the establishment and operation of such programs, to 
    rules and regulations promulgated in connection with the 
    administration of such programs, or to administrative practices and 
    procedures employed in the carrying out of such programs) which 
    affect substantial numbers of individuals who are insured or 
    otherwise eligible for benefits under such programs, including 
    inequities and inequalities arising out of marital status, sex, or 
    similar classifications or categories;
        (E) possible alternatives to the current Federal programs or 
    particular aspects thereof, including but not limited to (i) a 
    phasing out of the payroll tax with the financing of such programs 
    being accomplished in some other manner (including general revenue 
    funding and the retirement bond), (ii) the establishment of a system 
    providing for mandatory participation in any or all of the Federal 
    programs, (iii) the integration of such current Federal programs 
    with private retirement programs, and (iv) the establishment of a 
    system permitting covered individuals a choice of public or private 
    programs or both;
        (F) the need to develop a special Consumer Price Index for the 
    elderly, including the financial impact that such an index would 
    have on the costs of the programs established under this chapter; 
    and
        (G) methods for effectively implementing the recommendations of 
    the Commission.

    (3) In order to provide an effective opportunity for the general 
public to participate fully in the study, investigation, and review 
under this section, the Commission, in conducting such study, 
investigation, and review, shall hold public hearings in as many 
different geographical areas of the country as possible. The residents 
of each area where such a hearing is to be held shall be given 
reasonable advance notice of the hearing and an adequate opportunity to 
appear and express their views on the matters under consideration.

(c) Special, annual, and final reports to President and Congress 
        concerning implementation, etc., of study, investigation, and 
        review responsibilities; termination of Commission

    (1) No later than four months after the date on which a majority of 
the authorized membership of the Commission is initially appointed, the 
Commission shall submit to the President and the Congress a special 
report describing the Commission's plans for conducting the study, 
investigation, and review under subsection (b) of this section, with 
particular reference to the scope of such study, investigation, and 
review and the methods proposed to be used in conducting it.
    (2) At or before the close of each of the first two years after the 
date on which a majority of the authorized membership of the Commission 
is initially appointed, the Commission shall submit to the President and 
the Congress an annual report on the study, investigation, and review 
under subsection (b) of this section, together with its recommendations 
with respect to the programs involved. The second such report shall 
constitute the final report of the Commission on such study, 
investigation, and review, and shall include its final recommendations; 
and the Commission shall cease to exist on April 1, 1981.

(d) Executive Director and additional personnel; appointment and 
        compensation

    (1) The Commission shall appoint an Executive Director of the 
Commission who shall be compensated at a rate fixed by the Commission, 
but which shall not exceed the rate established for level V of the 
Executive Schedule by title 5.
    (2) In addition to the Executive Director, the Commission shall have 
the power to appoint and fix the compensation of such personnel as it 
deems advisable, in accordance with the provisions of title 5 governing 
appointments to the competitive service, and the provisions of chapter 
51 and subchapter III of chapter 53 of such title, relating to 
classification and General Schedule pay rates.

(e) Administrative procedures

    In carrying out its duties under this section, the Commission, or 
any duly authorized committee thereof, is authorized to hold such 
hearings, sit and act at such times and places, and take such testimony, 
with respect to matters with respect to which it has a responsibility 
under this section, as the Commission or such committee may deem 
advisable. The Chairman of the Commission or any member authorized by 
him may administer oaths or affirmations to witnesses appearing before 
the Commission or before any committee thereof.

(f) Data and information from other Federal departments and agencies

    The Commission may secure directly from any department or agency of 
the United States such data and information as may be necessary to 
enable it to carry out its duties under this section. Upon request of 
the Chairman of the Commission, any such department or agency shall 
furnish any such data or information to the Commission.

(g) Administrative support services from General Services 
        Administration; reimbursement

    The General Services Administration shall provide to the Commission, 
on a reimbursable basis such administrative support services as the 
Commission may request.

(h) Authorization of appropriations

    There are authorized to be appropriated such sums as may be 
necessary to carry out this section.

(Pub. L. 95-216, title III, Sec. 361, Dec. 20, 1977, 91 Stat. 1556; Pub. 
L. 96-265, title V, Sec. 502, June 9, 1980, 94 Stat. 470; Pub. L. 98-
369, div. B, title III, Sec. 2349(b)(3), July 18, 1984, 98 Stat. 1097.)

                       References in Text

    Level V of the Executive Schedule, referred to in subsec. (d)(1), is 
set out in section 5316 of Title 5, Government Officers and Employees.
    The provisions of title 5 governing appointments to the competitive 
service, referred to in subsec. (d)(2), are classified to section 3301 
et seq. of Title 5.

                          Codification

    Section was enacted as part of the Social Security Amendments of 
1977, and not as part of the Social Security Act which comprises this 
chapter.


                               Amendments

    1984--Subsec. (i). Pub. L. 98-369 struck out subsec. (i) which 
provided for notice of and attendance at meetings of the Health 
Insurance Benefits Advisory Council.
    1980--Subsec. (a)(2)(F). Pub. L. 96-265, Sec. 502(a), substituted 
``a term which shall end on April 1, 1981'' for ``a term of two years''.
    Subsec. (c)(2). Pub. L. 96-265, Sec. 502(b), substituted ``and the 
Commission shall cease to exist on April 1, 1981'' for ``and upon the 
submission of such final report the Commission shall cease to exist''.


                    Effective Date of 1984 Amendment

    Section 2349(c) of Pub. L. 98-369 provided that: ``The amendments 
made by this section [amending this section and section 1395z of this 
title and section 231f of Title 45, Railroads, and repealing section 
1395dd of this title] shall become effective on the date of the 
enactment of this Act [July 18, 1984].''
