---
kind: "section"
citation: "42 U.S.C. § 907a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "907a"
heading: "National Commission on Social Security"
release: "119-102"
url: "https://uscodex.org/usc/42/907a"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter VII — Administration"
---

# §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](/usc/42/2000ff.md?p=1) to be known as the National [Commission](/usc/42/2000ff.md?p=1) on [Social](/usc/42/1397j.md?p=20) Security (hereinafter referred to as the “[Commission](/usc/42/2000ff.md?p=1)”).
  - (2)
    - (A) The [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1);
      - (ii) two members to be appointed by the Speaker of the House of [Representatives](/usc/42/3058f.md?p=5); 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](/usc/42/3058f.md?p=5), 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](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1), and shall include [representatives](/usc/42/3058f.md?p=5) of the private insurance industry and of [recipients](/usc/42/2996a.md?p=6) and potential [recipients](/usc/42/2996a.md?p=6) of benefits under the [programs](/usc/42/274l–1.md?p=4) involved as well as individuals whose capacity is based on a special knowledge or expertise in those [programs](/usc/42/274l–1.md?p=4). No individual who is otherwise an officer or full-time [employee](/usc/42/1320a–7h.md?p=e-7) of the [United States](/usc/42/1301.md?p=a-2) shall serve as a member of the [Commission](/usc/42/2000ff.md?p=1).
    - (D) The Chairman of the [Commission](/usc/42/2000ff.md?p=1) shall designate a member of the [Commission](/usc/42/2000ff.md?p=1) to act as Vice Chairman of the [Commission](/usc/42/2000ff.md?p=1).
    - (E) A majority of the members of the [Commission](/usc/42/2000ff.md?p=1) shall constitute a quorum, but a lesser number may conduct hearings.
    - (F) Members of the [Commission](/usc/42/2000ff.md?p=1) shall be appointed for a term which shall end on April 1, 1981.
    - (G) A vacancy in the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1) shall receive $138 per diem while engaged in the actual performance of the duties vested in the [Commission](/usc/42/2000ff.md?p=1), plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties.
  - (4) The [Commission](/usc/42/2000ff.md?p=1) shall meet at the call of the Chairman, or at the call of a majority of the members of the [Commission](/usc/42/2000ff.md?p=1); but meetings of the [Commission](/usc/42/2000ff.md?p=1) shall be held not less frequently than once in each calendar month which begins after a majority of the authorized membership of the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1) to conduct a continuing study, investigation, and review of—
    - (A) the Federal old-age, survivors, and disability insurance [program](/usc/42/274l–1.md?p=4) established by subchapter II of this chapter; and
    - (B) the health insurance [programs](/usc/42/274l–1.md?p=4) established by subchapter XVIII of this chapter.
  - (2) Such study, investigation, and review of such [programs](/usc/42/274l–1.md?p=4) shall include (but not be limited to)—
    - (A) the fiscal status of the [trust](/usc/42/12854.md?p=6) [funds](/usc/42/12854.md?p=3) established for the financing of such [programs](/usc/42/274l–1.md?p=4) and the adequacy of such [trust](/usc/42/12854.md?p=6) [funds](/usc/42/12854.md?p=3) to meet the immediate and long-range financing needs of such [programs](/usc/42/274l–1.md?p=4);
    - (B) the scope of coverage, the adequacy of benefits [including](/usc/42/1301.md?p=b) the measurement of an adequate retirement [income](/usc/42/292s.md?p=c-4), and the conditions of qualification for benefits provided by such [programs](/usc/42/274l–1.md?p=4) [including](/usc/42/1301.md?p=b) the application of the retirement [income](/usc/42/292s.md?p=c-4) test to unearned as well as earned [income](/usc/42/292s.md?p=c-4);
    - (C) the impact of such [programs](/usc/42/274l–1.md?p=4) on, and their relation to, public assistance [programs](/usc/42/274l–1.md?p=4), nongovernmental retirement and annuity [programs](/usc/42/274l–1.md?p=4), medical service delivery systems, and national employment [practices](/usc/42/17061.md?p=19);
    - (D) any inequities (whether attributable to provisions of law relating to the establishment and operation of such [programs](/usc/42/274l–1.md?p=4), to rules and regulations promulgated in connection with the [administration](/usc/42/1301.md?p=a-10) of such [programs](/usc/42/274l–1.md?p=4), or to administrative [practices](/usc/42/17061.md?p=19) and procedures employed in the carrying out of such [programs](/usc/42/274l–1.md?p=4)) which affect substantial numbers of individuals who are insured or otherwise eligible for benefits under such [programs](/usc/42/274l–1.md?p=4), [including](/usc/42/1301.md?p=b) inequities and inequalities arising out of marital status, sex, or similar classifications or [categories](/usc/42/1395w–4.md?p=j-1);
    - (E) possible alternatives to the current Federal [programs](/usc/42/274l–1.md?p=4) or particular aspects thereof, [including](/usc/42/1301.md?p=b) but not limited to (i) a phasing out of the payroll tax with the financing of such [programs](/usc/42/274l–1.md?p=4) being accomplished in some other manner ([including](/usc/42/1301.md?p=b) 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](/usc/42/274l–1.md?p=4), (iii) the integration of such current Federal [programs](/usc/42/274l–1.md?p=4) with private retirement [programs](/usc/42/274l–1.md?p=4), and (iv) the establishment of a system permitting covered individuals a choice of public or private [programs](/usc/42/274l–1.md?p=4) or both;
    - (F) the need to develop a special Consumer Price Index for the elderly, [including](/usc/42/1301.md?p=b) the financial impact that such an index would have on the costs of the [programs](/usc/42/274l–1.md?p=4) established under this chapter; and
    - (G) methods for effectively implementing the recommendations of the [Commission](/usc/42/2000ff.md?p=1).
  - (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](/usc/42/2000ff.md?p=1), 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](/usc/42/2000ff.md?p=1) is initially appointed, the [Commission](/usc/42/2000ff.md?p=1) shall submit to the President and the Congress a special report describing the [Commission](/usc/42/2000ff.md?p=1)’s plans for conducting the study, investigation, and review under [subsection (b)](#b), 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](/usc/42/2000ff.md?p=1) is initially appointed, the [Commission](/usc/42/2000ff.md?p=1) shall submit to the President and the Congress an annual report on the study, investigation, and review under [subsection (b)](#b), together with its recommendations with respect to the [programs](/usc/42/274l–1.md?p=4) involved. The second such report shall constitute the final report of the [Commission](/usc/42/2000ff.md?p=1) on such study, investigation, and review, and shall include its final recommendations; and the [Commission](/usc/42/2000ff.md?p=1) shall cease to exist on April 1, 1981.
- (d) **Executive Director and additional personnel; appointment and compensation—**
  - (1) The [Commission](/usc/42/2000ff.md?p=1) shall appoint an [Executive Director](/usc/42/4370m.md?p=12) of the [Commission](/usc/42/2000ff.md?p=1) who shall be compensated at a rate fixed by the [Commission](/usc/42/2000ff.md?p=1), but which shall not exceed the rate established for level V of the Executive Schedule by [title 5](/usc/5.md).
  - (2) In addition to the [Executive Director](/usc/42/4370m.md?p=12), the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/5.md) governing appointments to the competitive service, and the provisions of [chapter 51](/usc/42/ch51.md) and subchapter III of [chapter 53](/usc/42/ch53.md) of such title, relating to classification and General Schedule pay rates.
- (e) **Administrative procedures—** In carrying out its duties under this section, the [Commission](/usc/42/2000ff.md?p=1), 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](/usc/42/2000ff.md?p=1) or such committee may deem advisable. The Chairman of the [Commission](/usc/42/2000ff.md?p=1) or any member authorized by him may administer oaths or affirmations to witnesses appearing before the [Commission](/usc/42/2000ff.md?p=1) or before any committee thereof.
- (f) **Data and information from other Federal departments and agencies—** The [Commission](/usc/42/2000ff.md?p=1) may secure directly from any department or [agency](/usc/42/1397n–12.md?p=1) of the [United States](/usc/42/1301.md?p=a-2) 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](/usc/42/2000ff.md?p=1), any such department or [agency](/usc/42/1397n–12.md?p=1) shall furnish any such data or information to the [Commission](/usc/42/2000ff.md?p=1).
- (g) **Administrative support services from General Services Administration; reimbursement—** The General Services [Administration](/usc/42/1301.md?p=a-10) shall provide to the [Commission](/usc/42/2000ff.md?p=1), on a reimbursable basis such administrative support services as the [Commission](/usc/42/2000ff.md?p=1) may request.
- (h) **Authorization of appropriations—** There are authorized to be appropriated such sums as may be necessary to carry out this section.

## Source credit

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

## Notes

### Editorial Notes

### 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.

### 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, § 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, § 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”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Pub. L. 98–369, div. B, title III, § 2349(c), July 18, 1984, 98 Stat. 1097, 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].”