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Title 42, The Public Health and WelfareRelease 119-102

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

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER XI — GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part A — General Provisions › § 1317

Last updated Aug 21, 2026|Official source

Summary

The President must appoint the Administrator of the Centers for Medicare & Medicaid Services, and the Senate must approve that appointment. CMS must have a Chief Actuary who reports directly to the Administrator. The Chief Actuary must be chosen for superior education and experience in actuarial science and may be removed only for cause. The Chief Actuary must follow professional standards of actuarial independence and is paid at the highest basic Senior Executive Service rate under section 5382(b) of title 5. The office must also include an actuary who works only on programs under parts C and D of subchapter XVIII.

Full Legal Text

Title 42, §1317

The Public Health and Welfare, Source: USLM XML via OLRC

(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

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1317, act Aug. 14, 1935, ch. 531, title XI, § 1117, as added
July 30, 1965, Pub. L. 89–97, title IV, § 405, 79 Stat. 420; amended Jan. 2, 1968, 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), Jan. 2, 1968, 81 Stat. 900, eff.
July 1, 1968.

Amendments

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), July 18, 1984, 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 [July 18, 1984].”

Reference

Citations & Metadata

Citation

42 U.S.C. § 1317

Title 42, The Public Health and Welfare

Last Updated

Aug 21, 2026

Release point: 119-102