U.S. Code » Title 42 » Chapter CHAPTER 7— SOCIAL SECURITY › Subchapter SUBCHAPTER VII— ADMINISTRATION

42 U.S.C. § 903

Social Security Advisory Board

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(a) Establishment of Board

There shall be established a Social Security Advisory Board (in this section referred to as the “Board”).

(b) Functions of BoardOn 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, the program of special benefits for certain World War II veterans under subchapter VIII, and the supplemental security income program under subchapter XVI. 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 appointmentEach 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) Compensation, expenses, and per diem

A member of the Board shall, for each day (including traveltime) during which the member is attending meetings or conferences of the Board or otherwise engaged in the business of the Board, be compensated at the daily rate of basic pay for level IV of the Executive Schedule. 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) Chapter 10 of title 5

The Board shall be exempt from the provisions of chapter 10 of title 5.

(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, § 703, 49 Stat. 636; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(c), (d), 64 Stat. 558; Pub. L. 98–369, div. B, title VI, § 2663(l)(1), July 18, 1984, 98 Stat. 1171; Pub. L. 103–296, title I, § 103, Aug. 15, 1994, 108 Stat. 1467; Pub. L. 104–121, title I, § 108, Mar. 29, 1996, 110 Stat. 857; Pub. L. 105–33, title V, § 5526, Aug. 5, 1997, 111 Stat. 625; Pub. L. 106–169, title II, § 251(b)(4), Dec. 14, 1999, 113 Stat. 1855; Pub. L. 108–203, title IV, § 417(a), Mar. 2, 2004, 118 Stat. 530; Pub. L. 117–286, § 4(a)(249), Dec. 27, 2022, 136 Stat. 4333.)Editorial NotesReferences in Text

Level IV of the Executive Schedule, referred to in subsec. (f), is set out under section 5315 of 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

2022—Subsec. (h). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).” in text.

2004—Subsec. (f). Pub. L. 108–203 amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “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.”

1999—Subsec. (b). Pub. L. 106–169 substituted “subchapter II, the program of special benefits for certain World War II veterans under subchapter VIII,” for “subchapter II” 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”.

Statutory Notes and Related SubsidiariesEffective Date of 2004 Amendment

Pub. L. 108–203, title IV, § 417(b), Mar. 2, 2004, 118 Stat. 531, provided that: “The amendment made by this section [amending this section] shall be effective as of January 1, 2003.”

Effective Date of 1997 Amendment

Pub. L. 105–33, title V, § 5528, Aug. 5, 1997, 111 Stat. 625, provided that:“(a)In General.—Except as provided in this section, the amendments made by this chapter [chapter 2 (§§ 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.

Notes of Decisions
Cited in 7 cases (5 in the last 5 years), 1996–2022 · leading case: Patrick Collins v. Steven Mnuchin, Secretar, 896 F.3d 640 (5th Cir. 2018).
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Patrick Collins v. Steven Mnuchin, Secretar, 896 F.3d 640 (5th Cir. 2018). “42 U.S.C. § 903 (b). The SSAB's functions are largely limited to "making recommendations" with respect to several aspects of the Administration's duties, see id .”
Pennsylvania, Dep't of Pub. Welfare v. United States Dep't of Health & Human Servs., 80 F.3d 796 (3rd Cir. 1996). “At the time of the district court’s decision, this provision was codified at 42 U.S.C. § 903 . 2 . Section 2104, in relevant part, states as follows: (a) For the purpose of this title, "officer”, except as otherwise provided by this section or when specifically modified, means a…”
Patterson v. Saul (M.D. Penn. 2022). · cites it 2× “Applying the holding in Collins, it is clear that the provision for removal of the Commissioner of Social Security, 42 U.S.C. § 903 (a)(3), violates separations of powers.”
Standifird v. Saul (S.D. Cal. 2021). “First, Plaintiff has not demonstrated that she was harmed by 10 the alleged unconstitutionality of 42 U.S.C. § 903 (a)(3). See Boger v. Kijakazi, 2021 WL 11 5023141, at *3 (W.”
Leathern v. Comm'r of Soc. Sec. (D.N.J. 2022). “First, Plaintiff provides no basis that the ALJ here was appointed by a Commissioner subject to the removal restrictions in 42 U.S.C. § 903 (a)(3). An Acting Commissioner can be removed for any reason, and thus does not have the same removal restrictions as a Commissioner.”
Robart v. Comm'r of Soc. Sec. (D.N.J. 2022). “Plaintiff has not shown that the unconstitutional removal provision in 42 U.S.C. § 903 (a)(3) inflicted harm requiring remand.”
Wicker v. Saul (E.D. Pa. 2022). “1, 2021) (“Plaintiff has not demonstrated that she was harmed by the alleged constitutionality of 42 U.S.C. § 903 (a)(3).”); Lisa Y. v. Commissioner of Soc.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.