§1314 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must appoint an Advisory Council on Public Welfare in 1964 to review how public assistance and child welfare programs are run, how they relate to old-age, survivors, and disability insurance, and how Federal and State money is shared. The council will have 12 people, picked without using the usual civil-service hiring rules, and will try to include equal numbers of employer and employee representatives plus state or federal agency reps, nonprofit social-welfare representatives, experts, and members of the public. The council can hire technical help, and the Department must give it staff and relevant data. The council must send a report with findings and recommendations (including suggested changes to the law) to the Secretary by July 1, 1966, and then the council ends. After that, the Secretary must appoint similar Advisory Councils from time to time with the same duties; each must report by July 1 of the second year after it is appointed and then ends. The Secretary may also set up other advisory committees and must report to Congress each year on how many there are and what they do. Members who are not full-time federal employees may be paid up to $75 per day (including travel time) and may get travel expenses and per diem under section 5703 of title 5. Those members are exempt from sections 203, 205, and 209 of title 18 while serving, except they may not receive government salary from anyone other than their employer because of the appointment, and they may not prosecute claims against the Government about matters they handled while serving.

Title 42, §1314

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

(a)The Secretary shall, during 1964, appoint an Advisory Council on Public Welfare for the purpose of reviewing the administration of the public assistance and child welfare services programs for which funds are appropriated pursuant to this chapter and making recommendations for improvement of such administration, and reviewing the status of and making recommendations with respect to the public assistance programs for which funds are so appropriated, especially in relation to the old-age, survivors, and disability insurance program, with respect to the fiscal capacities of the States and the Federal Government, and with respect to any other matters bearing on the amount and proportion of the Federal and State shares in the public assistance and child welfare services programs.

(b)The Council shall be appointed by the Secretary 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 services programs, representatives of nonprofit private 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)The Council is authorized to engage such technical assistance as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Council such secretarial, 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.

(d)The Council shall make a report of its findings and recommendations (including recommendations for changes in the provisions of this chapter) to the Secretary, such report to be submitted not later than July 1, 1966, after which date such Council shall cease to exist.

(e)The Secretary shall also from time to time thereafter appoint an Advisory Council on Public Welfare, with the same functions and constituted in the same manner as prescribed for the Advisory Council in the preceding subsections of this section. Each Council so appointed shall report its findings and recommendations, 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)The Secretary may also appoint, without regard to the provisions of title 5 governing appointments in the competitive service, such advisory committees as he may deem advisable to advise and consult with him in carrying out any of his functions under this chapter. The Secretary shall report to the Congress annually on the number of such committees and on the membership and activities of each such committee.

(g)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 Secretary, 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 section 5703 of title 5 for persons in Government service employed intermittently.

(h)(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 section 203, 205, and 209 of title 18, except as otherwise specified 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 employer of the appointee at the time of his appointment, 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.

Notes & Related Subsidiaries

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), substituted “Health and Human Services” for “Health, Education, and Welfare”. Subsec. (g). Pub. L. 98–369, § 2663(e)(4)(A), made technical correction of typographical error resulting in no change in text. Subsec. (h)(1). Pub. L. 98–369, § 2663(e)(4)(B), substituted “section 203, 205, and 209 of title 18” for “section 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 appointments 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 Administrative 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 section and section 1320c–3, 1395w–22, 1395y, and 1395ff of this title] shall be effective as if included in the enactment of BIPA [the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as enacted 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

Amendments

made by this section [amending this section and section 1395y and 1395ff of this title] shall apply with respect to—“(1) a review of any national or local coverage determination 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 AmendmentAmendment 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 CommitteesAdvisory 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 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.

§1314 Public advisory groups

Summary

Title 42, §1314

Notes & Related Subsidiaries

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Statutory Notes and Related Subsidiaries

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