Attachment A_USCODE-2010-title42-chap6A-subchapI-partA-sec217a

Page 77

TITLE 42—THE PUBLIC HEALTH AND WELFARE
EXECUTIVE ORDER NO. 10367

Ex. Ord. No. 10367, eff. June 30, 1952, 17 F.R. 5929,
amended Ex. Ord. No. 10362, and extended from June 30,
1952, to July 3, 1952, the period during which the Commissioned Corps of the Public Health Service was subject to the Uniform Code of Military Justice.

§ 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, § 222, as added Pub.
L. 87–838, § 3, Oct. 17, 1962, 76 Stat. 1073; amended
Pub. L. 91–515, title VI, § 601(a)(3), (c), Oct. 30,
1970, 84 Stat. 1310, 1311; Pub. L. 99–158, § 3(a)(4),
Nov. 20, 1985, 99 Stat. 879.)
REFERENCES IN TEXT
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-inaid 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, § 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.

§ 217a–1

Subsec. (b). Pub. L. 91–515, § 601(a)(3), inserted ‘‘council or’’ before ‘‘committee’’ wherever appearing.
Subsec. (c). Pub. L. 91–515, § 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, § 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.’’

§ 217a–1. Advisory committees; prohibition of
consideration of political affiliations
All appointments to advisory committees established to assist in implementing the Public
Health Service Act [42 U.S.C. 201 et seq.],1 and
the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation
Act of 1970 [42 U.S.C. 4541 et seq.], shall be made
without regard to political affiliation.
(Pub. L. 94–278, title X, § 1001, Apr. 22, 1976, 90
Stat. 415; Pub. L. 111–256, § 2(e), Oct. 5, 2010, 124
Stat. 2643.)
REFERENCES IN TEXT
The Public Health Service Act, referred to in text, is
act July 1, 1944, ch. 373, 58 Stat. 682, which is classified
generally to this chapter (§ 201 et seq.). For complete
classification of this Act to the Code, see Short Title
note set out under section 201 of this title and Tables.
The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment, and Rehabilitation Act of 1970,
referred to in text, is Pub. L. 91–616, Dec. 31, 1970, 84
Stat. 1848, as amended, which is classified principally
to chapter 60 (§ 4541 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 4541 of this title and Tables.
1 So

in original. The comma probably should not appear.