US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC1314]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1314. Public advisory groups


(a) Advisory Council on Public Welfare; appointment and functions of 
        initial Council

    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) Membership and representation of interests on initial Council

    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) Technical and other assistance for initial Council; availability of 
        data

    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) Termination of initial Council's existence on submission of report

    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) Succeeding Councils; appointment; functions; membership; 
        representation of interests; assistance and data; termination

    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) of this section, 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) Advisory committees; functions; reports by Secretary

    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) Compensation and travel expenses

    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) Exemption from conflict of interest laws of members of Council or 
        advisory committees; exceptions

    (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 sections 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.

(i) Nonvoting members and experts

    (1) Any advisory committee appointed under subsection (f) of this 
section to advise the Secretary on matters relating to the 
interpretation, application, or implementation of section 1395y(a)(1) of 
this title shall assure the full participation of a nonvoting member in 
the deliberations of the advisory committee, and shall provide such 
nonvoting member access to all information and data made available to 
voting members of the advisory committee, other than information that--
        (A) is exempt from disclosure pursuant to subsection (a) of 
    section 552 of title 5 by reason of subsection (b)(4) of such 
    section (relating to trade secrets); or
        (B) the Secretary determines would present a conflict of 
    interest relating to such nonvoting member.

    (2) If an advisory committee described in paragraph (1) organizes 
into panels of experts according to types of items or services 
considered by the advisory committee, any such panel of experts may 
report any recommendation with respect to such items or services 
directly to the Secretary without the prior approval of the advisory 
committee or an executive committee thereof.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1114, as added Pub. L. 87-543, 
title I, Sec. 121, July 25, 1962, 76 Stat. 190; amended Pub. L. 90-248, 
title IV, Sec. 403(e), Jan. 2, 1968, 81 Stat. 932; Pub. L. 98-369, div. 
B, title VI, Sec. 2663(e)(4), (j)(2)(D)(iv), July 18, 1984, 98 Stat. 
1168, 1170; Pub. L. 106-554, Sec. 1(a)(6) [title V, Sec. 522(c)], Dec. 
21, 2000, 114 Stat. 2763, 2763A-546.)

                       References in Text

    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsecs. (b) and (f), are classified to section 
3301 et seq. of Title 5, Government Organization and Employees.


                               Amendments

    2000--Subsec. (i). Pub. L. 106-554 added subsec. (i).
    1984--Subsec. (c). Pub. L. 98-369, Sec. 2663(j)(2)(D)(iv), 
substituted ``Health and Human Services'' for ``Health, Education, and 
Welfare''.
    Subsec. (g). Pub. L. 98-369, Sec. 2663(e)(4)(A), made technical 
correction of typographical error resulting in no change in text.
    Subsec. (h)(1). Pub. L. 98-369, Sec. 2663(e)(4)(B), substituted 
``sections 203, 205, and 209 of title 18'' for ``sections 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, Sec. 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, Sec. 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)''.


                    Effective Date of 2000 Amendment

    Pub. L. 106-554, Sec. 1(a)(6) [title V, Sec. 522(d)], Dec. 21, 2000, 
114 Stat. 2763, 2763A-547, provided that: ``The amendments made by this 
section [amending this section and sections 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 Amendment

    Amendment 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 Committees

    Advisory 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 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in 
the Appendix to Title 5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 1395y of this title.