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Title 42 — The Public Health and Welfare

Part A · Chapter 7 — Social Security

§ 1317. Appointment of the Administrator and Chief Actuary of the Centers for Medicare & Medicaid Services

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Spending Reduction Act of 1984

    Pub. L. 98–369 div. B title III § 2332(a) · 98 Stat. 494

    Enacted · 42 U.S.C. § 1317

    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

    Source evidence

    Code source credit
    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

    Enacted provision · exact public law section
    (a) Title XI of the Social Security Act is amended by inserting after section 1116 the following new section: “Sec. 1117. “appointment of the administrator of the health care financing administration The Administrator of the Health Care Financing 42 USC 1317. Administration shall be appointed by the President by and with the advice and consent of the Senate.”.

  2. Balanced Budget Act of 1997

    Pub. L. 105–33 title IV § 4643 · 111 Stat. 251

    1. Amended · 42 U.S.C. § 1317

      Pub. L. 105–33 amended section catchline

    2. Amended · 42 U.S.C. § 1317

      Pub. L. 105–33 designated existing provisions as subsec. (a)

    3. Added · 42 U.S.C. § 1317

      Pub. L. 105–33 added subsec. (b)

    Source evidence

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

    Enacted provision · exact public law section
    SEC. 4643. OFFICE OF THE CHIEF ACTUARY IN THE HEALTH CARE FINANCING ADMINISTRATION. Section 1117 (42 U.S.C. 1317) is amended— (1) in the heading, by inserting “and chief actuary” after “the administrator”; (2) by inserting “(a)” before “The Administrator”; and (3) by adding at the end the following: “(b) (1) There is established in the Health Care Financing Administration the position of Chief Actuary. The Chief Actuary shall be appointed by, and in direct line of authority to, the Administrator of such Administration. 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, United States Code.”.

  3. Medicare Prescription Drug, Improvement, and Modernization Act of 2003

    Pub. L. 108–173 § 900(e)(1)(A)(i) · 117 Stat. 2066

    Substituted · 42 U.S.C. § 1317

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (i) in the heading to read as follows: “appointment of the administrator and chief actuary of the centers for medicare & medicaid services” ;

  4. Medicare Prescription Drug, Improvement, and Modernization Act of 2003

    Pub. L. 108–173 § 900(e)(1)(A)(ii) · 117 Stat. 2066

    Substituted · 42 U.S.C. § 1317(a)

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

    Source evidence

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

    Enacted provision · exact public law section
    (ii) in subsection (a), by striking “Health Care Financing Administration” and inserting “Centers for Medicare & Medicaid Services”; and

  5. Medicare Prescription Drug, Improvement, and Modernization Act of 2003

    Pub. L. 108–173 § 900(e)(1)(A)(iii) · 117 Stat. 2066

    1. Substituted · 42 U.S.C. § 1317(b)(1)

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

    2. Substituted · 42 U.S.C. § 1317(b)(1)

      Pub. L. 108–173, § 900(e)(1)(A)(iii), substituted “such Centers” for “such Administration”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (iii) in subsection (b)(1)— (I) by striking “Health Care Financing Administration” and inserting “Centers for Medicare & Medicaid Services”; and (II) by striking “Administration” and inserting “Centers”;

  6. Medicare Prescription Drug, Improvement, and Modernization Act of 2003

    Pub. L. 108–173 § 900(c) · 117 Stat. 2066

    Added · 42 U.S.C. § 1317(b)(3)

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

    Source evidence

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

    Enacted provision · exact public law section
    (c) Requirement for Dedicated Actuary for Private Health Plans.— Section 1117(b) (42 U.S.C. 1317(b)) is amended by adding at the end the following new paragraph: “(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 title XVIII and related provisions of such title.” .

9 of 9 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 1317, act Aug. 14, 1935, ch. 531, title XI, § 1117, as added , Pub. L. 89–97, title IV, § 405, 79 Stat. 420; amended , 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), , 81 Stat. 900, eff. .

Amendments1997–2003 · 2 rounds

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 Subsidiaries

Effective Date

Pub. L. 98–369, div. B, title III, § 2332(c), , 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 [].”

Credits

1935–2003 · 3 acts
  1. 1935Aug. 14, 1935, ch. 531, title XI, § 1117, as added Pub. L. 98–369, div. B, title III, § 2332(a), , 98 Stat. 1088
  2. 1997amended Pub. L. 105–33, title IV, § 4643, , 111 Stat. 487
  3. 2003Pub. L. 108–173, title IX, § 900(c), (e)(1)(A), , 117 Stat. 2370.
Show as published

(Aug. 14, 1935, ch. 531, title XI, § 1117, as added Pub. L. 98–369, div. B, title III, § 2332(a), , 98 Stat. 1088; amended Pub. L. 105–33, title IV, § 4643, , 111 Stat. 487; Pub. L. 108–173, title IX, § 900(c), (e)(1)(A), , 117 Stat. 2370.)

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