42 U.S.C. § 1314 — Public advisory groups

Page 2577 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1314 Editorial Notes AMENDMENTS 2021—Subsec. (d). Pub. L. 117–39 substituted ‘‘fiscal years 2021 and 2022, the total amount of such assistance provided during each such fiscal year shall not exceed $10,000,000’’ for ‘‘fiscal year 2020, the total amount of such assistance provided during such fiscal year shall not exceed $10,000,000’’. 2020—Subsec. (d). Pub. L. 116–148 substituted ‘‘fiscal year 2020, the total amount of such assistance provided during such fiscal year shall not exceed $10,000,000.’’ for ‘‘fiscal years 2017 and 2018, the total amount of such as- sistance provided during each such fiscal year shall not exceed $25,000,000.’’ 2017—Subsec. (d). Pub. L. 115–57 substituted ‘‘fiscal years 2017 and 2018’’ for ‘‘fiscal year 2010’’ and ‘‘each such fiscal year’’ for ‘‘that fiscal year’’. 2010—Subsec. (d). Pub. L. 111–127, which directed sub- stitution of ‘‘September 30, 2009, except that, in the case of fiscal year 2010, the total amount of such assist- ance provided during that fiscal year shall not exceed $25,000,000.’’ for ‘‘September, 30, 2003’’ and all that fol- lows through the end of subsec. (d), was executed by making the substitution for ‘‘September 30, 2003, except that, in the case of fiscal year 2006, the total amount of such assistance provided during that fiscal year shall not exceed $6,000,000.’’, which did not contain a comma after ‘‘September’’, to reflect the probable intent of Congress. 2006—Subsec. (d). Pub. L. 109–250 inserted ‘‘, except that, in the case of fiscal year 2006, the total amount of such assistance provided during that fiscal year shall not exceed $6,000,000’’ after ‘‘2003’’. 2003—Subsec. (d). Pub. L. 108–11 substituted ‘‘2003’’ for ‘‘1991’’. 1990—Subsec. (d). Pub. L. 101–508, § 5056(a)(1), sub- stituted ‘‘after September 30, 1991’’ for ‘‘on or after Oc- tober 1, 1989’’. Pub. L. 101–382 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘The total amount of temporary assistance provided under this section shall not exceed— ‘‘(1) $8,000,000 during the fiscal years ending June 30, 1975, and June 30, 1976, and the succeeding calendar quarter, or ‘‘(2) $300,000 during any fiscal year beginning on or after October 1, 1976.’’ Subsec. (e). Pub. L. 101–508, § 5056(a)(2), added subsec. (e). 1975—Subsec. (c). Pub. L. 94–44, § 2, set a 90-day limit for assistance following arrival in the United States with provision for furnishing of assistance beyond the 90-day limit upon a finding by the Secretary that the circumstances involved necessitate or justify the fur- nishing of assistance in that particular case. Subsec. (d). Pub. L. 94–44, § 1, substituted provisions setting the maximum total amount of temporary as- sistance provided under this section for provisions pro- hibiting temporary assistance after June 30, 1973. 1971—Subsec. (d). Pub. L. 92–40 extended termination date from June 30, 1971, to June 30, 1973. 1969—Subsec. (d). Pub. L. 91–41 extended termination date from June 30, 1969, to June 30, 1971. 1968—Subsec. (d). Pub. L. 90–248 extended termination date from June 30, 1968, to June 30, 1969. 1967—Subsec. (d). Pub. L. 90–36 extended termination date from June 30, 1967, to June 30, 1968. 1964—Subsec. (d). Pub. L. 88–347 extended termination date from June 30, 1964, to June 30, 1967. 1962—Subsec. (d). Pub. L. 87–543 extended termination date from June 30, 1962, to June 30, 1964. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–508, title V, § 5056(b), Nov. 5, 1990, 104 Stat. 1388–230, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall be effective for fiscal years beginning after September 30, 1989.’’ LIMIT ON DIRECT CONTACT WITH REPATRIATED INDIVIDUALS DURING COVID–19 EMERGENCY PERIOD Pub. L. 116–148, § 3, July 13, 2020, 134 Stat. 661, pro- vided that: ‘‘During the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), in providing temporary assist- ance under section 1113 of such Act (42 U.S.C. 1313), no employee of the Administration for Children and Fami- lies of the Department of Health and Human Services shall have direct, in-person contact with an individual specified in section 1113(a)(1) of such Act (42 U.S.C. 1313(a)(1)), except in the case of a uniformed member of the Regular Corps or the Ready Reserve Corps of the Commissioned Corps of the Public Health Service (as described in section 203 of the Public Health Service Act (42 U.S.C. 204)) in an active duty status who, as de- termined by the Secretary of Health and Human Serv- ices, has— ‘‘(1) received appropriate training on infection pre- vention and control; and ‘‘(2) access to appropriate personal protective equipment.’’ § 1314. Public advisory groups (a) Advisory Council on Public Welfare; appoint- ment and functions of initial Council The Secretary shall, during 1964, appoint an Advisory Council on Public Welfare for the pur- pose of reviewing the administration of the pub- lic assistance and child welfare services pro- grams for which funds are appropriated pursuant to this chapter and making recommendations for improvement of such administration, and re- viewing the status of and making recommenda- tions with respect to the public assistance pro- grams for which funds are so appropriated, espe- cially in relation to the old-age, survivors, and disability insurance program, with respect to the fiscal capacities of the States and the Fed- eral Government, and with respect to any other matters bearing on the amount and proportion of the Federal and State shares in the public as- sistance and child welfare services programs. (b) Membership and representation of interests on initial Council The Council shall be appointed by the Sec- retary without regard to the provisions of title 5 governing appointments in the competitive service and shall consist of twelve persons who shall, to the extent possible, be representatives of employers and employees in equal numbers, representatives of State or Federal agencies concerned with the administration or financing of the public assistance and child welfare serv- ices programs, representatives of nonprofit pri- vate organizations concerned with social welfare programs, other persons with special knowledge, experience, or qualifications with respect to such programs, and members of the public. (c) Technical and other assistance for initial Council; availability of data The Council is authorized to engage such tech- nical assistance as may be required to carry out its functions, and the Secretary shall, in addi- tion, make available to the Council such secre- tarial, clerical, and other assistance and such pertinent data prepared by the Department of Health and Human Services as it may require to carry out such functions. Page 2578 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1314 (d) Termination of initial Council’s existence on submission of report The Council shall make a report of its findings and recommendations (including recommenda- tions for changes in the provisions of this chap- ter) to the Secretary, such report to be sub- mitted not later than July 1, 1966, after which date such Council shall cease to exist. (e) Succeeding Councils; appointment; functions; membership; representation of interests; as- sistance and data; termination The Secretary shall also from time to time thereafter appoint an Advisory Council on Pub- lic Welfare, with the same functions and con- stituted in the same manner as prescribed for the Advisory Council in the preceding sub- sections of this section. Each Council so ap- pointed shall report its findings and rec- ommendations, as prescribed in subsection (d), not later than July 1 of the second year after the year in which it is appointed, after which date such Council shall cease to exist. (f) Advisory committees; functions; reports by Secretary The Secretary may also appoint, without re- gard to the provisions of title 5 governing ap- pointments in the competitive service, such ad- visory committees as he may deem advisable to advise and consult with him in carrying out any of his functions under this chapter. The Sec- retary shall report to the Congress annually on the number of such committees and on the membership and activities of each such com- mittee. (g) Compensation and travel expenses Members of the Council or of any advisory committee appointed under this section who are not regular full-time employees of the United States shall, while serving on business of the Council or any such committee, be entitled to receive compensation at rates fixed by the Sec- retary, but not exceeding $75 per day, including travel time; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by sec- tion 5703 of title 5 for persons in Government service employed intermittently. (h) Exemption from conflict of interest laws of members of Council or advisory committees; exceptions (1) Any member of the Council or any advisory committee appointed under this chapter, who is not a regular full-time employee of the United States, is hereby exempted, with respect to such appointment, from the operation of sections 203, 205, and 209 of title 18, except as otherwise speci- fied in paragraph (2) of this subsection. (2) The exemption granted by paragraph (1) shall not extend— (A) to the receipt or payment of salary in connection with the appointee’s Government service from any source other than the em- ployer of the appointee at the time of his ap- pointment, or (B) during the period of such appointment, to the prosecution or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter with which such person, during such period, is or was directly connected by reason of such appointment. (Aug. 14, 1935, ch. 531, title XI, § 1114, as added Pub. L. 87–543, title I, § 121, July 25, 1962, 76 Stat. 190; amended Pub. L. 90–248, title IV, § 403(e), Jan. 2, 1968, 81 Stat. 932; Pub. L. 98–369, div. B, title VI, § 2663(e)(4), (j)(2)(D)(iv), July 18, 1984, 98 Stat. 1168, 1170; Pub. L. 106–554, § 1(a)(6) [title V, § 522(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–546; Pub. L. 108–173, title IX, § 948(a)(1)(A), Dec. 8, 2003, 117 Stat. 2425.) Editorial Notes AMENDMENTS 2003—Subsec. (i). Pub. L. 108–173 redesignated and transferred subsec. (i) of this section to subsec. (j) of section 1395y of this title. 2000—Subsec. (i). Pub. L. 106–554 added subsec. (i). 1984—Subsec. (c). Pub. L. 98–369, § 2663(j)(2)(D)(iv), sub- stituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. Subsec. (g). Pub. L. 98–369, § 2663(e)(4)(A), made tech- nical correction of typographical error resulting in no change in text. Subsec. (h)(1). Pub. L. 98–369, § 2663(e)(4)(B), sub- stituted ‘‘sections 203, 205, and 209 of title 18’’ for ‘‘sec- tions 281, 283, and 1914 of title 18 and section 190 of the Revised Statutes (5 U.S.C. 99)’’. 1968—Subsecs. (b), (f). Pub. L. 90–248, § 403(e)(1), (2), substituted ‘‘provisions of title 5, governing appoint- ments in the competitive service’’ for ‘‘civil-service laws’’. Subsec. (g). Pub. L. 90–248, § 403(e)(3), substituted ‘‘section 5703 of title 5’’ for ‘‘section 5 of the Adminis- trative Expenses Act of 1946 (5 U.S.C. 73b–2)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–173, title IX, § 948(e), Dec. 8, 2003, 117 Stat. 2426, provided that: ‘‘Except as otherwise provided, the amendments made by this section [amending this sec- tion and sections 1320c–3, 1395w–22, 1395y, and 1395ff of this title] shall be effective as if included in the enact- ment of BIPA [the Medicare, Medicaid, and SCHIP Ben- efits Improvement and Protection Act of 2000, as en- acted by section 1(a)(6) of Public Law 106–554].’’ EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–554, § 1(a)(6) [title V, § 522(d)], Dec. 21, 2000, 114 Stat. 2763, 2763A–547, provided that: ‘‘The amend- ments made by this section [amending this section and sections 1395y and 1395ff of this title] shall apply with respect to— ‘‘(1) a review of any national or local coverage de- termination filed, ‘‘(2) a request to make such a determination made, and ‘‘(3) a national coverage determination made, on or after October 1, 2001.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a Page 2579 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1314a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. § 1314a. Measurement and reporting of welfare receipt (a) Congressional policy The Congress hereby declares that— (1) it is the policy and responsibility of the Federal Government to reduce the rate at which and the degree to which families depend on income from welfare programs and the du- ration of welfare receipt, consistent with other essential national goals; (2) it is the policy of the United States to strengthen families, to ensure that children grow up in families that are economically self- sufficient and that the life prospects of chil- dren are improved, and to underscore the re- sponsibility of parents to support their chil- dren; (3) the Federal Government should help wel- fare recipients as well as individuals at risk of welfare receipt to improve their education and job skills, to obtain child care and other nec- essary support services, and to take such other steps as may be necessary to assist them to become financially independent; and (4) it is the purpose of this section to provide the public with generally accepted measures of welfare receipt so that it can track such re- ceipt over time and determine whether progress is being made in reducing the rate at which and, to the extent feasible, the degree to which, families depend on income from wel- fare programs and the duration of welfare re- ceipt. (b) Development of welfare indicators and pre- dictors The Secretary of Health and Human Services (in this section referred to as the ‘‘Secretary’’) in consultation with the Secretary of Agri- culture shall— (1) develop— (A) indicators of the rate at which and, to the extent feasible, the degree to which, families depend on income from welfare pro- grams and the duration of welfare receipt; and (B) predictors of welfare receipt; (2) assess the data needed to report annually on the indicators and predictors, including the ability of existing data collection efforts to provide such data and any additional data col- lection needs; and (3) not later than 2 years after October 31, 1994, provide an interim report containing con- clusions resulting from the development and assessment described in paragraphs (1) and (2), to— (A) the Committee on Ways and Means of the House of Representatives; (B) the Committee on Education and Labor of the House of Representatives; (C) the Committee on Agriculture of the House of Representatives; (D) the Committee on Commerce of the House of Representatives; (E) the Committee on Finance of the Sen- ate; (F) the Committee on Labor and Human Resources of the Senate; and (G) the Committee on Agriculture, Nutri- tion, and Forestry of the Senate. (c) Advisory Board on Welfare Indicators (1) Establishment There is established an Advisory Board on Welfare Indicators (in this subsection referred to as the ‘‘Board’’). (2) Composition The Board shall be composed of 12 members with equal numbers to be appointed by the House of Representatives, the Senate, and the President. The Board shall be composed of ex- perts in the fields of welfare research and wel- fare statistical methodology, representatives of State and local welfare agencies, and orga- nizations concerned with welfare issues. (3) Vacancies Any vacancy occurring in the membership of the Board shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to exe- cute the duties of the Board. (4) Duties Duties of the Board shall include— (A) providing advice and recommendations to the Secretary on the development of indi- cators of the rate at which and, to the ex- tent feasible, the degree to which, families depend on income from welfare programs and the duration of welfare receipt; and (B) providing advice on the development and presentation of annual reports required under subsection (d). (5) Travel expenses Members of the Board shall not be com- pensated, but shall receive travel expenses, in- cluding per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 for each day the member is engaged in the per- formance of duties away from the home or reg- ular place of business of the member. (6) Detail of Federal employees The Secretary shall detail, without reim- bursement, any of the personnel of the Depart- ment of Health and Human Services to the Board to assist the Board in carrying out its duties. Any detail shall not interrupt or other- wise affect the civil service status or privi- leges of the Federal employee. (7) Voluntary service Notwithstanding section 1342 of title 31, the Board may accept the voluntary services pro- vided by a member of the Board.