US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 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, 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 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 , 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

section 5703 of title 5A 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 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

section 5382 of title 5The 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 . 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. 53149 Stat. 636Aug. 28, 1950, ch. 80964 Stat. 558Pub. L. 98–369, div. B, title VI, § 2663l98 Stat. 1171Pub. L. 103–296, title I, § 103108 Stat. 1467Pub. L. 104–121, title I, § 108110 Stat. 857Pub. L. 105–33, title V, § 5526111 Stat. 625Pub. L. 106–169, title II, § 251(b)(4)113 Stat. 1855Pub. L. 108–203, title IV, § 417(a)118 Stat. 530Pub. L. 117–286, § 4(a)(249)136 Stat. 4333(, title VII, § 703, ; , title III, pt. 6, § 361(c), (d), ; ()(1), , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 5315 of Title 5Level IV of the Executive Schedule, referred to in subsec. (f), is set out under , 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

Pub. L. 117–2862022—Subsec. (h). 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.

Pub. L. 108–203section 5703 of title 52004—Subsec. (f). 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 for persons in the Government employed intermittently.”

Pub. L. 106–1691999—Subsec. (b). substituted “subchapter II, the program of special benefits for certain World War II veterans under subchapter VIII,” for “subchapter II” in introductory provisions.

Pub. L. 105–331997—Subsec. (i). 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”.

Pub. L. 104–1211996—Subsec. (i). 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”.

Pub. L. 103–2961994— 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.”

Pub. L. 98–3691984— substituted “Secretary” for “Administrator”.

1950—Act , substituted “Administrator” for “Board” and “his” for “its”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–203, title IV, § 417(b)118 Stat. 531

“The amendment made by this section [amending this section] shall be effective as of .”
, , , provided that:

Effective Date of 1997 Amendment

Pub. L. 105–33, title V, § 5528111 Stat. 625

“(a)

In General .—

Pub. L. 105–33section 1382 of this titlePublic Law 104–193110 Stat. 2185Except as provided in this section, the amendments made by this chapter [chapter 2 (§§ 5521–5528) of subtitle F of title V of , amending this section, sections 1310, 1382, 1382c, 1382d, and 1383 of this title, and provisions set out as a note under 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 (; ).
“(b)

SectionAmendments 5524 .—

section 1310 of this titlePublic Law 103–296108 Stat. 1464The amendments made by section 5524 of this Act [amending ] shall take effect as if included in the enactment of the Social Security Independence and Program Improvements Act of 1994 (; ).
“(c)

SectionAmendments.— 5525

“(1)

In general .—

section 1382 of this titlePublic Law 104–121110 Stat. 852The amendments made by subsections (a) and (b) of section 5525 of this Act [amending provisions set out as a note under ] shall take effect as if included in the enactment of section 105 of the Contract with America Advancement Act of 1996 (; 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 [].
“(d)

SectionAmendments 5526 .—

Public Law 104–121110 Stat. 857The 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 (; ).
“(e)

Section 5227.—

section 909 of this titleSection 5227 [probably means section 5527 of this Act which is set out as a note under ] shall take effect on the date of the enactment of this Act.”
, , , provided that:

Effective Date of 1984 Amendment

Pub. L. 98–369section 2664(b) of Pub. L. 98–369section 401 of this titleAmendment by effective , 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 , set out as a note under .