U.S. Code » Title 42 » Chapter CHAPTER 7— SOCIAL SECURITY › Subchapter SUBCHAPTER XI— GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part Part A— General Provisions

42 U.S.C. § 1317

Appointment of the Administrator and Chief Actuary of the Centers for Medicare & Medicaid Services

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(a) The Administrator of the Centers for Medicare & Medicaid Services shall be appointed by the President by and with the advice and consent of the Senate.(b)(1) There is established in the Centers for Medicare & Medicaid Services the position of Chief Actuary. The Chief Actuary shall be appointed by, and in direct line of authority to, the Administrator of such Centers. The Chief Actuary shall be appointed from among individuals who have demonstrated, by their education and experience, superior expertise in the actuarial sciences. The Chief Actuary 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.(3) In the office of the Chief Actuary there shall be an actuary whose duties relate exclusively to the programs under parts C and D of subchapter XVIII and related provisions of such subchapter.(Aug. 14, 1935, ch. 531, title XI, § 1117, as added Pub. L. 98–369, div. B, title III, § 2332(a), July 18, 1984, 98 Stat. 1088; amended Pub. L. 105–33, title IV, § 4643, Aug. 5, 1997, 111 Stat. 487; Pub. L. 108–173, title IX, § 900(c), (e)(1)(A), Dec. 8, 2003, 117 Stat. 2370.)Editorial NotesPrior Provisions

A prior section 1317, act Aug. 14, 1935, ch. 531, title XI, § 1117, as added July 30, 1965, Pub. L. 89–97, title IV, § 405, 79 Stat. 420; amended Jan. 2, 1968, Pub. L. 90–248, title II, §§ 221(a)–(c), 241(c)(6), 81 Stat. 899, 917, related to maintenance of State public assistance expenditures, prior to repeal by Pub. L. 90–248, title II, § 221(d), Jan. 2, 1968, 81 Stat. 900, eff. July 1, 1968.

Amendments

2003—Pub. L. 108–173, § 900(e)(1)(A)(i), substituted “Appointment of the Administrator and Chief Actuary of the Centers for Medicare & Medicaid Services” for “Appointment of Administrator and Chief Actuary of Health Care Financing Administration” in section catchline.

Subsec. (a). Pub. L. 108–173, § 900(e)(1)(A)(ii), substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.

Subsec. (b)(1). Pub. L. 108–173, § 900(e)(1)(A)(iii), substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration” and “such Centers” for “such Administration”.

Subsec. (b)(3). Pub. L. 108–173, § 900(c), added par. (3).

1997—Pub. L. 105–33 amended section catchline, designated existing provisions as subsec. (a), and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 98–369, div. B, title III, § 2332(c), July 18, 1984, 98 Stat. 1089, provided that: “The amendments made by this section [enacting this section and amending section 5315 of Title 5, Government Organization and Employees] shall apply to appointments made after the date of the enactment of this Act [July 18, 1984].”

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2010–2025 · leading case: Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477 (2010).
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Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477 (2010). “” 42 U. S. C. §1317 (b)(1) Office of the Chief Actuary Department of Homeland Security: “An officer may be removed from the 39 position of Director for cause at any Office of the Coast time.”
Butchee v. Wells Fargo Bank, Nat'l Ass'n (D. Maryland 2025). · cites it 2× “§ 206 (d) (“Equal Pay Act”); (7) 2 42 U.S.C. § 1317 addresses how the Administrator of the Centers for Medicare and Medicaid Services is appointed; it does not create a cause of action for a claim of retaliation.”
Harden (D. Utah 2025). “56 42 U.S.C. § 1317 (“It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or…”
Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477 (2010). “” 42 U. S. C. §1317 (b)(1) Office of the Chief Actuary Department of Homeland Security: “An officer may be removed from the 39 position of Director for cause at any Office of the Coast time.”
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