
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: 42USC218]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 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 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 \1\ of this title.
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    \1\ See References in Text note below.
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(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 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) Terms of office

    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) Applicability of section 14(a) of Federal Advisory Committee Act

    Section 14(a) of the Federal Advisory Committee Act shall not apply 
to the Council.

(July 1, 1944, ch. 373, title II, Sec. 217, 58 Stat. 691; July 3, 1946, 
ch. 538, Sec. 5(b)-(d), 60 Stat. 422; June 16, 1948, ch. 481, 
Secs. 4(a)-(c), 6(b), 62 Stat. 467, 469; June 24, 1948, ch. 621, 
Sec. 4(a)-(c), 62 Stat. 600; Aug. 15, 1950, ch. 714, Sec. 3(a)-(d), 64 
Stat. 446; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 
F.R. 2053, 67 Stat. 631; Pub. L. 91-515, title VI, Sec. 601(a)(1), Oct. 
30, 1970, 84 Stat. 1310; Pub. L. 91-616, title IV, Sec. 401, Dec. 31, 
1970, 84 Stat. 1853; Pub. L. 92-157, title III, Sec. 301(b), Nov. 18, 
1971, 85 Stat. 463; Pub. L. 92-218, Sec. 6(a)(1), Dec. 23, 1971, 85 
Stat. 785; Pub. L. 92-255, title V, Sec. 502(a), Mar. 21, 1972, 86 Stat. 
85; Pub. L. 92-423, Sec. 7(a), Sept. 19, 1972, 86 Stat. 687; Pub. L. 93-
348, title II, Sec. 211(a), July 12, 1974, 88 Stat. 351; Pub. L. 94-63, 
title IV, Sec. 401(b), July 29, 1975, 89 Stat. 341; Pub. L. 94-371, 
Sec. 9, July 26, 1976, 90 Stat. 1040; Pub. L. 95-622, title III, 
Sec. 302(b), Nov. 9, 1978, 92 Stat. 3442; Pub. L. 95-626, title I, 
Sec. 102(b)(1), Nov. 10, 1978, 92 Stat. 3551; Pub. L. 96-180, Sec. 13, 
Jan. 2, 1980, 93 Stat. 1304; Pub. L. 96-181, Sec. 14, Jan. 2, 1980, 93 
Stat. 1315; Pub. L. 98-24, Sec. 2(a)(2), Apr. 26, 1983, 97 Stat. 176; 
Pub. L. 98-509, title III, Sec. 302, Oct. 19, 1984, 98 Stat. 2364; Pub. 
L. 99-158, Sec. 3(a)(2), (3), Nov. 20, 1985, 99 Stat. 878, 879; Pub. L. 
99-570, title IV, Sec. 4004(c), Oct. 27, 1986, 100 Stat. 3207-111; Pub. 
L. 99-660, title III, Sec. 311(b)(1), Nov. 14, 1986, 100 Stat. 3779.)

                       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 
(Sec. 254b et seq.) of part D of subchapter II of this chapter by Pub. 
L. 104-299, Sec. 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.
    Section 14(a) of the Federal Advisory Committee Act, referred to in 
subsec. (d), is section 14(a) of Pub. L. 92-463, as amended, which is 
set out in the Appendix to Title 5, Government Organization and 
Employees.


                               Amendments

    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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 6(a)(1)(B), struck out ``cancer,'' 
before ``mental health'' in listing of various diseases.
    1970--Subsec. (a). Pub. L. 91-616, Sec. 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, Sec. 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, Sec. 401(c), added subsec. (d).
    1950--Act Aug. 15, 1950, Sec. 3(d), amended section catchline to 
reflect addition of new advisory councils.
    Subsec. (a). Act Aug. 15, 1950, Sec. 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, Sec. 3(b), made subsection also 
applicable to new advisory councils.
    Subsec. (c). Act Aug. 15, 1950, Sec. 3(c), redesignated subsec. (e) 
as (c) and repealed former subsec. (c).
    Subsecs. (d), (f), (g). Act. Aug. 15, 1950, Sec. 3(c), repealed 
subsecs. (d), (f), and (g).
    1948--Acts June 16, 1948, Sec. 4(c), and June 24, 1948, Sec. 4(c), 
included in section catchline the National Advisory Heart and Dental 
Research Councils, respectively.
    Subsec. (a). Act June 16, 1948, Sec. 6(b), substituted ``National 
Institutes of Health'' for ``National Institute of Health'' in second 
sentence.
    Subsec. (b). Acts June 16, 1948, Sec. 4(b), and June 24, 1948, 
Sec. 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, Sec. 4(a), added subsec. (f) which 
established the National Advisory Heart Council.
    Subsec. (g). Act June 24, 1948, Sec. 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).


                    Effective Date of 1978 Amendment

    Section 302(b) of Pub. L. 95-622 provided that the amendment made by 
that section is effective Nov. 1, 1978.


                    Effective Date of 1975 Amendment

    Amendment 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

    Section 211(b) of Pub. L. 93-348, as amended by Pub. L. 94-278, 
title III, Sec. 301(b), Apr. 22, 1976, 90 Stat. 407; Pub. L. 94-573, 
Sec. 18(b), Oct. 21, 1976, 90 Stat. 2720; Pub. L. 95-203, Sec. 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

    Section 9 of Pub. L. 92-423 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

    Section 7 of Pub. L. 92-218 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 
sections 241, 282, 283, and 284 of this title, and enacting provisions 
set out as notes under sections 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 [section 289l of this title] (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) [section 286f of this 
title] 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 [section 286f of this 
title].''


                    Effective Date of 1950 Amendment

    Section 3(a), (c) of act Aug. 15, 1950, provided that the amendments 
and repeals made by that section are effective Oct. 1, 1950.

                          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. 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.
    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. Secretary and 
Department of Health, Education, and Welfare redesignated Secretary and 
Department of Health and Human Services by section 509(b) of Pub. L. 96-
88 which is classified to section 3508(b) of Title 20.
    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 to Community, Migrant, Public Housing, or Homeless Health 
              Center Considered Reference to Health Center

    Reference 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, 1950

    Section 3(c) of act Aug. 15, 1950, 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

    Section 3(a)(1) of Pub. L. 99-158 provided that: ``The National 
Advisory Health Council established under section 217 [this section] is 
terminated.''


                   Termination of Advisory Committees

    Pub. L. 93-641, Sec. 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.
