Title 42 — The Public Health and WelfareRelease 119-73
§218 National Advisory Councils on Migrant Health
Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER I— - ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part Part A— - Administration › § 218
Summary
Within 120 days after July 29, 1975, the Secretary must set up a National Advisory Council on Migrant Health. The council must advise the Secretary about how migrant health centers and other groups that get grants under section 254b are run, chosen, and funded. The council has 15 members. At least 12 must be people from the governing boards of migrant health centers or other grant recipients. Of those 12, at least 9 must be board members who are being served by those centers and know about health care for migratory and seasonal farm workers. The other 3 members must have training or experience in medicine or running health programs. Members serve four-year terms; someone chosen to fill a vacancy serves the rest of that term. The first members have staggered terms: 4 end after 4 years, 4 after 3 years, 4 after 2 years, and 3 after 1 year, as set by the Secretary. One federal rule (section 1013(a) of title 5) does not apply to the council.
Full Legal Text
Title 42, §218
The Public Health and Welfare — Source: USLM XML via OLRC
(a)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 recommendations to, the Secretary on matters concerning the organization, operation, selection, and funding of migrant health centers and other entities under grants and contracts under section 254b 11 See References in Text note below. of this title.
(b)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 this title. Of such twelve members who are members of such governing boards, at least nine shall be chosen from among those members of such governing boards who are being served by such centers or grantees and who are familiar with the delivery of health care to migratory agricultural workers and seasonal agricultural workers. The remaining three Council members shall be individuals qualified by training and experience in the medical sciences or in the administration of health programs.
(c)Each member of the Council shall hold office for a term of four years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and (2) the terms of the members first taking office after July 29, 1975, shall expire as follows: four shall expire four years after such date, four shall expire three years after such date, four shall expire two years after such date, and three shall expire one year after such date, as designated by the Secretary at the time of appointment.
(d)section 1013(a) of title 5 shall not apply to the Council.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 254b of this title, referred to in subsecs. (a) and (b), was in the original a reference to section 329, meaning section 329 of act
July 1, 1944, which was omitted in the general amendment of subpart I (§ 254b et seq.) of part D of subchapter II of this chapter by Pub. L. 104–299, § 2, Oct. 11, 1996, 110 Stat. 3626. section 2 of Pub. L. 104–299 enacted a new section 330 of act
July 1, 1944, which is classified to section 254b of this title.
Amendments
2022—Subsec. (d). Pub. L. 117–286 substituted “section 1013(a) of title 5” for “section 14(a) of the Federal Advisory Committee Act”. 1986—Pub. L. 99–570 redesignated former subsec. (e)(1) to (4) as subsecs. (a) to (d), respectively, in subsec. (c), further redesignated former cls. (A) and (B) as (1) and (2), respectively, and struck out former subsecs. (a) to (d), which related, respectively, to composition, qualifications, appointment and tenure of the National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism; duties of the National Advisory Mental Health Council; duties of the National Advisory Council on Alcohol Abuse and Alcoholism; and the composition, qualifications, and duties of the National Advisory Council on Drug Abuse. Subsec. (c). Pub. L. 99–660 which directed that “section 300cc of this title” be substituted for “section 300aa of this title” could not be executed because the reference in question appeared in former subsec. (c) which was repealed by Pub. L. 99–570. 1985—Subsec. (a). Pub. L. 99–158, § 3(a)(2)(A), in first sentence substituted “National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism” for “National Advisory Health Council, the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, and the National Advisory Dental Research Council”, and substituted “by the Secretary” for “by the Surgeon General with the approval of the Secretary of Health, Education, and Welfare”. Pub. L. 99–158, § 3(a)(2)(B)(i), in second sentence struck out “in the case of the National Advisory Health Council, are skilled in the sciences related to health, and” after “scientific authorities who,”. Pub. L. 99–158, § 3(a)(2)(B)(ii), which directed the substitution in second sentence of “the National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism” for “the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, the National Advisory Heart Council, and the National Advisory Dental Research Council” was executed by making the substitution for “the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, and the National Advisory Dental Research Council” as the probable intent of Congress in view of the prior deletion of “the National Advisory Heart Council,” by Pub. L. 92–423. See 1972 Amendment note below. Pub. L. 99–158, § 3(a)(2)(B)(iii), in second sentence substituted “and alcohol abuse and alcoholism” for “, alcohol abuse and alcoholism, and dental diseases and conditions”. Pub. L. 99–158, § 3(a)(2)(C), struck out third sentence which provided that in the case of the National Advisory Dental Research Council, four of the six members selected from among the leading medical or scientific authorities be dentists. Subsec. (b). Pub. L. 99–158, § 3(a)(3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to the duties of the National Advisory Health Council. Subsecs. (c) to (e), (g). Pub. L. 99–158, § 3(a)(3), redesignated subsecs. (d), (e), and (g) as (c), (d), and (e), respectively. 1984—Subsec. (a). Pub. L. 98–509 inserted provision requiring the Secretary to assure that the membership of the National Advisory Council on Alcohol Abuse and Alcoholism is broadly representative of experts in the fields of prevention, research, and treatment of alcohol abuse, alcoholism, and rehabilitation of alcohol abusers. 1983—Subsecs. (c), (d). Pub. L. 98–24 substituted “section 300aa of this title” for “section 219 of this title”. 1980—Subsec. (a). Pub. L. 96–180 authorized appointees to serve after the expiration of their terms until their successors have taken office. Subsec. (e)(1). Pub. L. 96–181, in provisions relating to the eligibility for selection of members, inserted officers or employees of State and local drug abuse agencies, and inserted provision that appointed members may serve after the expiration of their terms until their successors have taken office. 1978—Subsec. (f). Pub. L. 95–622 struck out subsec. (f) which related to the establishment of a National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research. Subsec. (g)(1), (2). Pub. L. 95–626 substituted “section 254b” for “section 247d”. 1976—Subsec. (d). Pub. L. 94–371 inserted provision that the Council advise the Secretary regarding policies and priorities with respect to grants and contracts in the field of alcohol abuse and alcoholism. 1975—Subsec. (g). Pub. L. 94–63 added subsec. (g). 1974—Subsec. (f). Pub. L. 93–348 added subsec. (f). 1972—Subsec. (a). Pub. L. 92–423, § 7(a)(1), (2), struck out “the National Advisory Heart Council,” after “the National Advisory Council on Alcohol Abuse and Alcoholism” in two places and “heart diseases,” after “alcohol abuse and alcoholism,”, respectively. Subsec. (b). Pub. L. 92–423, § 7(a)(2), struck out “heart,” after “alcohol abuse and alcoholism,”. Subsec. (e). Pub. L. 92–255 added subsec. (e). 1971—Subsec. (a). Pub. L. 92–218, § 6(a)(1)(A), (B), struck out reference to National Advisory Cancer Council before National Advisory Mental Health Council in two places and struck out “cancer,” before “psychiatric disorders”. Pub. L. 92–157 substituted “National Advisory Council on Alcohol Abuse and Alcoholism” for “National Advisory Council on Alcoholic Abuse and Alcoholism” in second sentence. Subsec. (b). Pub. L. 92–218, § 6(a)(1)(B), struck out “cancer,” before “mental health” in listing of various diseases. 1970—Subsec. (a). Pub. L. 91–616, § 401(a), made subsection applicable to National Advisory Council on Alcohol Abuse and Alcoholism, and inserted alcohol abuse and alcoholism to enumeration of diseases concerning which members of such Council must be skilled, and prescribed manner in which terms of members of Council would expire. Subsec. (b). Pub. L. 91–616, § 401(b), inserted reference to National Advisory Council on Alcohol Abuse and Alcoholism authorizing the Surgeon General to utilize the services of members of such Council for additional periods. Pub. L. 91–515 inserted “or committees” after “councils”. Subsec. (d). Pub. L. 91–616, § 401(c), added subsec. (d). 1950—Act Aug. 15, 1950, § 3(d), amended section catchline to reflect addition of new advisory councils. Subsec. (a). Act Aug. 15, 1950, § 3(a), applied provisions to all of the advisory councils with regard to composition, qualifications, and appointment and tenure of members. Subsec. (b). Act Aug. 15, 1950, § 3(b), made subsection also applicable to new advisory councils. Subsec. (c). Act Aug. 15, 1950, § 3(c), redesignated subsec. (e) as (c) and repealed former subsec. (c). Subsecs. (d), (f), (g). Act. Aug. 15, 1950, § 3(c), repealed subsecs. (d), (f), and (g). 1948—Acts
June 16, 1948, § 4(c), and
June 24, 1948, § 4(c), included in section catchline the National Advisory Heart and Dental Research Councils, respectively. Subsec. (a). Act
June 16, 1948, § 6(b), substituted “National Institutes of Health” for “National Institute of Health” in second sentence. Subsec. (b). Acts
June 16, 1948, § 4(b), and
June 24, 1948, § 4(b), made subsection applicable to the National Advisory Heart Council and the National Advisory Dental Research Council, respectively. Subsec. (f). Act
June 16, 1948, § 4(a), added subsec. (f) which established the National Advisory Heart Council. Subsec. (g). Act
June 24, 1948, § 4(a), added subsec. (g) which established the National Advisory Dental Research Council. 1946—Act
July 3, 1946, inserted “Mental Health” in section catchline. Subsec. (b). Act
July 3, 1946, inserted “or of the National Advisory Mental Health Council”. Subsecs. (d), (e). Act
July 3, 1946, added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Change of Name
“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” 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.
Effective Date
of 1978 Amendment Pub. L. 95–622, title III, § 302(b), Nov. 9, 1978, 92 Stat. 3442, provided that the amendment made by that section is effective Nov. 1, 1978.
Effective Date
of 1975 AmendmentAmendment by Pub. L. 94–63 effective July 1, 1975, see section 608 of Pub. L. 94–63, set out as a note under section 247b of this title.
Effective Date
of 1974 Amendment Pub. L. 93–348, title II, § 211(b),
July 12, 1974, 88 Stat. 352, as amended by Pub. L. 94–278, title III, § 301(b), Apr. 22, 1976, 90 Stat. 407; Pub. L. 94–573, § 18(b), Oct. 21, 1976, 90 Stat. 2720; Pub. L. 95–203, § 5(b), Nov. 23, 1977, 91 Stat. 1454, provided that: “The amendment made by subsection (a) [amending this section] shall take effect
November 1, 1978.”
Effective Date
of 1972 Amendment Pub. L. 92–423, § 9, Sept. 19, 1972, 86 Stat. 687, provided that: “This Act and the
Amendments
made by this Act [see
Short Title
of 1972 Amendment note under section 201 of this title] shall take effect sixty days after the date of enactment of this Act [Sept. 19, 1972] or on such prior date after the date of enactment of this Act as the President shall prescribe and publish in the Federal Register.”
Effective Date
of 1971 Amendment Pub. L. 92–218, § 7, Dec. 23, 1971, 85 Stat. 785, provided that: “(a) This Act and the
Amendments
made by this Act [enacting sections 286a to 286g and 289l of this title, amending this section and section 241, 282, 283, and 284 of this title, and enacting provisions set out as notes under section 281 and 286 of this title] shall take effect sixty days after the date of enactment of this Act [Dec. 23, 1971] or on such prior date after the date of enactment of this Act as the President shall prescribe and publish in the Federal Register. “(b) The first sentence of section 454 of the Public Health Service Act [former 42 U.S.C. 289l] (added by section 5 of this Act) shall apply only with respect to appointments made after the
Effective Date
of this Act (as prescribed by subsection (a)). “(c) Notwithstanding the provisions of subsection (a), members of the National Cancer Advisory Board (authorized under section 410B of the Public Health Service Act, as added by this Act) [former 42 U.S.C. 286f] may be appointed, in the manner provided for in such section, at any time after the date of enactment of this Act [Dec. 23, 1971]. Such officers shall be compensated from the date they first take office, at the rates provided for in such section 410B.”
Effective Date
of 1950 AmendmentAct Aug. 15, 1950, ch. 714, § 3(a), (c), 64 Stat. 446, provided that the
Amendments
and
Repeals
made by section 3(a) and (c) are effective Oct. 1, 1950. Reference to Community, Migrant, Public Housing, or Homeless Health Center Considered Reference to Health CenterReference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of this title. Expiration of Terms of Office on September 30, 1950Act Aug. 15, 1950, ch. 714, § 3(c), 64 Stat. 446, provided in part that terms of office as members of national advisory councils pursuant to this section subsisting on Sept. 30, 1950, shall expire at the close of business on such day. Termination of National Advisory Health Council Pub. L. 99–158, § 3(a)(1), Nov. 20, 1985, 99 Stat. 878, provided that: “The National Advisory Health Council established under section 217 [42 U.S.C. 218] is terminated.” Termination of Advisory Committees Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975.
Executive Documents
Transfer of Functions
Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. For transfer of certain membership functions, insofar as they pertain to the Air Force, which functions were not previously transferred from Secretary of the Army to Secretary of the Air Force and from Department of the Army to Department of the Air Force, see Secretary of Defense Transfer Order No. 40 [App. C(7)],
July 22, 1949.
Reference
Citations & Metadata
Citation
42 U.S.C. § 218
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73