42 U.S.C. § 904 : US Code - Section 904: Administrative duties of Commissioner

Search 42 U.S.C. § 904 : US Code - Section 904: Administrative duties of Commissioner

(a) Personnel
(1) The Commissioner shall appoint such additional officers and
employees as the Commissioner considers necessary to carry out the
functions of the Administration under this chapter, and attorneys
and experts may be appointed without regard to the civil service
laws. Except as otherwise provided in the preceding sentence or in
any other provision of law, such officers and employees shall be
appointed, and their compensation shall be fixed, in accordance
with title 5.
(2) The Commissioner may procure the services of experts and
consultants in accordance with the provisions of section 3109 of
title 5.
(3) Notwithstanding any requirements of section 3133 of title 5,
the Director of the Office of Personnel Management shall authorize
for the Administration a total number of Senior Executive Service
positions which is substantially greater than the number of such
positions authorized in the Social Security Administration in the
Department of Health and Human Services as of immediately before
August 15, 1994, to the extent that the greater number of such
authorized positions is specified in the comprehensive work force
plan as established and revised by the Commissioner under
subsection (b)(2) of this section. The total number of such
positions authorized for the Administration shall not at any time
be less than the number of such authorized positions as of
immediately before such date.
(b) Budgetary matters
(1)(A) The Commissioner shall prepare an annual budget for the
Administration, which shall be submitted by the President to the
Congress without revision, together with the President's annual
budget for the Administration.
(B) The Commissioner shall include in the annual budget prepared
pursuant to subparagraph (A) an itemization of the amount of funds
required by the Social Security Administration for the fiscal year
covered by the budget to support efforts to combat fraud committed
by applicants and beneficiaries.
(2)(A) Appropriations requests for staffing and personnel of the
Administration shall be based upon a comprehensive work force plan,
which shall be established and revised from time to time by the
Commissioner.
(B) Appropriations for administrative expenses of the
Administration are authorized to be provided on a biennial basis.
(c) Employment restriction
The total number of positions in the Administration (other than
positions established under section 902 of this title) which -
(1) are held by noncareer appointees (within the meaning of
section 3132(a)(7) of title 5) in the Senior Executive Service,
or
(2) have been determined by the President or the Office of
Personnel Management to be of a confidential, policy-determining,
policy-making, or policy-advocating character and have been
excepted from the competitive service thereby,
may not exceed at any time the equivalent of 20 full-time
positions.
(d) Seal of office
The Commissioner shall cause a seal of office to be made for the
Administration of such design as the Commissioner shall approve.
Judicial notice shall be taken of such seal.
(e) Data exchanges
(1) Notwithstanding any other provision of law (including
subsections (b), (o), (p), (q), (r), and (u) of section 552a of
title 5 -
(A) the Secretary shall disclose to the Commissioner any record
or information requested in writing by the Commissioner for the
purpose of administering any program administered by the
Commissioner, if records or information of such type were
disclosed to the Commissioner of Social Security in the
Department of Health and Human Services under applicable rules,
regulations, and procedures in effect before August 15, 1994; and
(B) the Commissioner shall disclose to the Secretary or to any
State any record or information requested in writing by the
Secretary to be so disclosed for the purpose of administering any
program administered by the Secretary, if records or information
of such type were so disclosed under applicable rules,
regulations, and procedures in effect before August 15, 1994.
(2) The Commissioner and the Secretary shall enter into an
agreement under which the Commissioner provides the Secretary data
concerning the quality of the services and information provided to
beneficiaries of the programs under subchapters XVIII and XIX of
this chapter and the administrative services provided by the Social
Security Administration in support of such programs. Such agreement
shall stipulate the type of data to be provided and the terms and
conditions under which the data are to be provided.
(3) The Commissioner and the Secretary shall periodically review
the need for exchanges of information not referred to in paragraph
(1) or (2) and shall enter into such agreements as may be necessary
and appropriate to provide information to each other or to States
in order to meet the programmatic needs of the requesting agencies.
(4)(A) Any disclosure from a system of records (as defined in
section 552a(a)(5) of title 5) pursuant to this subsection shall be
made as a routine use under subsection (b)(3) of section 552a of
such title (unless otherwise authorized under such section 552a).
(B) Any computerized comparison of records, including matching
programs, between the Commissioner and the Secretary shall be
conducted in accordance with subsections (o), (p), (q), (r), and
(u) of section 552a of title 5.
(5) The Commissioner and the Secretary shall each ensure that
timely action is taken to establish any necessary routine uses for
disclosures required under paragraph (1) or agreed to pursuant to
paragraph (3).