42 U.S.C. § 217a — Advisory councils or committees

Page 85 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 217a shall continue to operate as part of the Service except to the extent that the President may di- rect as Commander in Chief. (July 1, 1944, ch. 373, title II, § 216, 58 Stat. 690; Apr. 27, 1956, ch. 211, § 1, 70 Stat. 116.) Editorial Notes REFERENCES IN TEXT The Uniform Code of Military Justice, referred to in text, is classified to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces. AMENDMENTS 1956—Act Apr. 27, 1956, empowered President to de- clare commissioned corps of the Service to be a mili- tary service in time of emergency involving national defense, and substituted ‘‘the Uniform Code of Military Justice’’ for ‘‘the Articles of War and to the Articles for the Government of the Navy’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. REPEAL OF PRIOR ACTS CONTINUING SECTION Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal shall take ef- fect as of June 16, 1952, by section 7 of said Joint Res. July 3, 1952. Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. EXECUTIVE ORDER NO. 9575 Ex. Ord. No. 9575, eff. June 28, 1945, 10 F.R. 7895, which declared the Commissioned Corps of the Public Health Service to be a military service subject to the Articles for the Government of the Navy as therein prescribed, was superseded by Ex. Ord. No. 10349, eff. Apr. 28, 1952, 17 F.R. 3769. EXECUTIVE ORDER NO. 10349 Ex. Ord. No. 10349, eff. Apr. 28, 1952, 17 F.R. 3769, su- perseded Ex. Ord. No. 9575, and subjected the Commis- sioned Corps of the Public Health Service to the provi- sions of the Uniform Code of Military Justice until June 1, 1952. EXECUTIVE ORDER NO. 10356 Ex. Ord. No. 10356, eff. June 2, 1952, 17 F.R. 4967, amended Ex. Ord. No. 10349, and extended from June 1, 1952, to June 15, 1952, the period during which the Com- missioned Corps of the Public Health Service was sub- ject to the provisions of the Uniform Code of Military justice. EXECUTIVE ORDER NO. 10362 Ex. Ord. No. 10362, eff. June 14, 1952, 17 F.R. 5413, amended Ex. Ord. No. 10356, and extended from June 15, 1952, to June 30, 1952, the period during which the Com- missioned Corps of the Public Health Service was sub- ject to the Uniform Code of Military Justice. EXECUTIVE ORDER NO. 10367 Ex. Ord. No. 10367, eff. June 30, 1952, 17 F.R. 5929, amended Ex. Ord. No. 10362, and extended from June 30, 1952, to July 3, 1952, the period during which the Com- missioned Corps of the Public Health Service was sub- ject to the Uniform Code of Military Justice. § 217a. Advisory councils or committees (a) Appointment; purpose The Secretary may, without regard to the pro- visions of title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, from time to time, appoint such advisory councils or commit- tees (in addition to those authorized to be estab- lished under other provisions of law), for such periods of time, as he deems desirable with such period commencing on a date specified by the Secretary for the purpose of advising him in connection with any of his functions. (b) Compensation and allowances of members not full-time employees of United States Members of any advisory council or com- mittee appointed under this section who are not regular full-time employees of the United States shall, while attending meetings or conferences of such council or committee or otherwise en- gaged on business of such council or committee receive compensation and allowances as pro- vided in section 210(c) of this title for members of national advisory councils established under this chapter. (c) Delegation of functions Upon appointment of any such council or com- mittee, the Secretary may delegate to such council or committee such advisory functions relating to grants-in-aid for research or training projects or programs, in the areas or fields with which such council or committee is concerned, as the Secretary determines to be appropriate. (July 1, 1944, ch. 373, title II, § 222, as added Pub. L. 87–838, § 3, Oct. 17, 1962, 76 Stat. 1073; amended Pub. L. 91–515, title VI, § 601(a)(3), (c), Oct. 30, 1970, 84 Stat. 1310, 1311; Pub. L. 99–158, § 3(a)(4), Nov. 20, 1985, 99 Stat. 879.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5. AMENDMENTS 1985—Subsec. (c). Pub. L. 99–158 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘Upon appointment of any such council or com- mittee, the Surgeon General, with the approval of the Secretary, may transfer such of the functions of the National Advisory Health Council relating to grants-in- aid for research or training projects or programs in the areas or fields with which such council or committee is concerned as he determines to be appropriate.’’ 1970—Subsec. (a). Pub. L. 91–515, § 601(c)(1), sub- stituted provisions authorizing the Secretary to ap- point advisory councils or committees without regard Page 86 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 217a–1 1 So in original. The comma probably should not appear. 1 See References in Text note below. to specified provisions governing appointments in the competitive service and relating to classification and General Schedule pay rates, for provisions authorizing the Surgeon General to appoint advisory committees without regard to the civil service laws and subject to the Secretary’s approval in such cases as he prescribed. Subsec. (b). Pub. L. 91–515, § 601(a)(3), inserted ‘‘coun- cil or’’ before ‘‘committee’’ wherever appearing. Subsec. (c). Pub. L. 91–515, § 601(a)(3), (c)(2), inserted ‘‘council or’’ before ‘‘committee’’ wherever appearing, and ‘‘or programs’’ after ‘‘projects’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsecs. (a) and (c) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. TERMINATION OF ADVISORY COMMITTEES; REPORT BY SECRETARY TO CONGRESSIONAL COMMITTEES RELAT- ING TO TERMINATION Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, provided that: ‘‘(a) An advisory committee established by or pursu- ant to the Public Health Service Act [42 U.S.C. 201 et seq.], the Mental Retardation Facilities and Commu- nity Mental Health Centers Construction Act of 1963 [former 42 U.S.C. 2689 et seq., 6001 et seq.], or the Com- prehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 [42 U.S.C. 4541 et seq.] shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after the date of the enactment of this Act [Jan. 4, 1975]. ‘‘(b) The Secretary of Health, Education, and Welfare shall report, within one year after the date of the en- actment of the Act [Jan. 4, 1975], to the Committee on Labor and Public Welfare of the Senate and the Com- mittee on Interstate and Foreign Commerce of the House of Representatives (1) the purpose and use of each advisory committee established by or pursuant to the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Con- struction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Re- habilitation Act of 1970 and (2) his recommendations re- specting the termination of each such advisory com- mittee.’’ Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Office of Surgeon General reestab- lished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. § 217a–1. Advisory committees; prohibition of consideration of political affiliations All appointments to advisory committees es- tablished to assist in implementing the Public Health Service Act [42 U.S.C. 201 et seq.],1 and the Comprehensive Alcohol Abuse and Alco- holism Prevention, Treatment, and Rehabilita- tion Act of 1970 [42 U.S.C. 4541 et seq.], shall be made without regard to political affiliation. (Pub. L. 94–278, title X, § 1001, Apr. 22, 1976, 90 Stat. 415; Pub. L. 111–256, § 2(e), Oct. 5, 2010, 124 Stat. 2643.) Editorial Notes REFERENCES IN TEXT The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to this chapter (§ 201 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, referred to in text, is Pub. L. 91–616, Dec. 31, 1970, 84 Stat. 1848, which is classified principally to chapter 60 (§ 4541 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4541 of this title and Tables. CODIFICATION Section was not enacted as a part of the Public Health Service Act which comprises this chapter. AMENDMENTS 2010—Pub. L. 111–256 struck out ‘‘the Mental Retarda- tion Facilities and Community Mental Health Centers Construction Act of 1963,’’ after ‘‘Public Health Service Act,’’. § 217b. Volunteer services Subject to regulations, volunteer and uncom- pensated services may be accepted by the Sec- retary, or by any other officer or employee of the Department of Health and Human Services designated by him, for use in the operation of any health care facility or in the provision of health care. (July 1, 1944, ch. 373, title II, § 223, as added Pub. L. 90–174, § 6, Dec. 5, 1967, 81 Stat. 539; amended Pub. L. 103–43, title XX, § 2008(h), June 10, 1993, 107 Stat. 212.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–43 substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. § 218. National Advisory Councils on Migrant Health (a) Appointment; duties Within 120 days of July 29, 1975, the Secretary shall appoint and organize a National Advisory Council on Migrant Health (hereinafter in this subsection referred to as the ‘‘Council’’) which shall advise, consult with, and make rec- ommendations to, the Secretary on matters con- cerning the organization, operation, selection, and funding of migrant health centers and other entities under grants and contracts under sec- tion 254b 1 of this title. (b) Membership The Council shall consist of fifteen members, at least twelve of whom shall be members of the governing boards of migrant health centers or other entities assisted under section 254b 1 of