
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC217a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 217a. Advisory councils or committees


(a) Appointment; purpose

    The Secretary may, without regard to the provisions 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 committees (in addition 
to those authorized to be established 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 committee 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 engaged on business of such council or committee 
receive compensation and allowances as provided 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 committee, 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, Sec. 222, as added Pub. L. 87-838, 
Sec. 3, Oct. 17, 1962, 76 Stat. 1073; amended Pub. L. 91-515, title VI, 
Sec. 601(a)(3), (c), Oct. 30, 1970, 84 Stat. 1310, 1311; Pub. L. 99-158, 
Sec. 3(a)(4), Nov. 20, 1985, 99 Stat. 879.)

                       References in Text

    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (a), are classified to section 3301 et 
seq. of Title 5, Government Organization and Employees.
    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 follows: ``Upon appointment of 
any such council or committee, 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, Sec. 601(c)(1), substituted 
provisions authorizing the Secretary to appoint advisory councils or 
committees without regard 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, Sec. 601(a)(3), inserted ``council or'' 
before ``committee'' wherever appearing.
    Subsec. (c). Pub. L. 91-515, Sec. 601(a)(3), (c)(2), inserted 
``council or'' before ``committee'' wherever appearing, and ``or 
programs'' after ``projects''.

                          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 Secretary of Health, Education, and 
Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note 
under section 202 of this title. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by 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 Relating to Termination

    Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, provided that:
    ``(a) An advisory committee established by or pursuant to the Public 
Health Service Act [section 201 et seq. of this title], the Mental 
Retardation Facilities and Community Mental Health Centers Construction 
Act of 1963 [sections 2689 et seq. and 6001 et seq. of this title], or 
the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, 
and Rehabilitation Act of 1970 [section 4541 et seq. of this title] 
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 enactment of the Act [Jan. 4, 
1975], to the Committee on Labor and Public Welfare of the Senate and 
the Committee 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 Construction 
Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism 
Prevention, Treatment, and Rehabilitation Act of 1970 and (2) his 
recommendations respecting the termination of each such advisory 
committee.''
