Appointment; duties
1
Membership
1The 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 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.
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 , 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.
section 1013(a) of title 5 Applicability of
Section 1013(a) of title 5 shall not apply to the Council.
July 1, 1944, ch. 37358 Stat. 691July 3, 1946, ch. 538, § 5(b)60 Stat. 422June 16, 1948, ch. 48162 Stat. 467June 24, 1948, ch. 621, § 4(a)62 Stat. 600Aug. 15, 1950, ch. 714, § 3(a)64 Stat. 44667 Stat. 631Pub. L. 91–515, title VI, § 601(a)(1)84 Stat. 1310Pub. L. 91–616, title IV, § 40184 Stat. 1853Pub. L. 92–157, title III, § 301(b)85 Stat. 463Pub. L. 92–218, § 6(a)(1)85 Stat. 785Pub. L. 92–255, title V, § 502(a)86 Stat. 85Pub. L. 92–423, § 7(a)86 Stat. 687Pub. L. 93–348, title II, § 211(a)88 Stat. 351Pub. L. 94–63, title IV, § 401(b)89 Stat. 341Pub. L. 94–371, § 990 Stat. 1040Pub. L. 95–622, title III, § 302(b)92 Stat. 3442Pub. L. 95–626, title I, § 102(b)(1)92 Stat. 3551Pub. L. 96–180, § 1393 Stat. 1304Pub. L. 96–181, § 1493 Stat. 1315Pub. L. 98–24, § 2(a)(2)97 Stat. 176Pub. L. 98–509, title III, § 30298 Stat. 2364Pub. L. 99–158, § 3(a)(2)99 Stat. 878Pub. L. 99–570, title IV, § 4004(c)100 Stat. 3207–111Pub. L. 99–660, title III, § 311(b)(1)100 Stat. 3779Pub. L. 117–286, § 4(a)(227)136 Stat. 4330(, title II, § 217, ; –(d), ; , §§ 4(a)–(c), 6(b), , 469; –(c), ; –(d), ; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (3), , , 879; , , ; , , ; , , .)
Editorial Notes
References in Text
Section 254b of this titlePub. L. 104–299, § 2110 Stat. 3626Section 2 of Pub. L. 104–299section 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 , which was omitted in the general amendment of subpart I (§ 254b et seq.) of part D of subchapter II of this chapter by , , . enacted a new section 330 of act , which is classified to .
Amendments
Pub. L. 117–286Section 1013(a) of title 52022—Subsec. (d). substituted “” for “Section 14(a) of the Federal Advisory Committee Act”.
Pub. L. 99–5701986— 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.
Pub. L. 99–660section 300cc of this titlesection 300aa of this titlePub. L. 99–570Subsec. (c). which directed that “” be substituted for “” could not be executed because the reference in question appeared in former subsec. (c) which was repealed by .
Pub. L. 99–158, § 3(a)(2)(A)1985—Subsec. (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)Pub. L. 92–423, 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 . 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.
Pub. L. 99–158, § 3(a)(3)Subsec. (b). , redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to the duties of the National Advisory Health Council.
Pub. L. 99–158, § 3(a)(3)Subsecs. (c) to (e), (g). , redesignated subsecs. (d), (e), and (g) as (c), (d), and (e), respectively.
Pub. L. 98–5091984—Subsec. (a). 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.
Pub. L. 98–24section 300aa of this titlesection 219 of this title1983—Subsecs. (c), (d). substituted “” for “”.
Pub. L. 96–1801980—Subsec. (a). authorized appointees to serve after the expiration of their terms until their successors have taken office.
Pub. L. 96–181Subsec. (e)(1). , 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.
Pub. L. 95–6221978—Subsec. (f). struck out subsec. (f) which related to the establishment of a National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research.
Pub. L. 95–626Subsec. (g)(1), (2). substituted “section 254b” for “section 247d”.
Pub. L. 94–3711976—Subsec. (d). 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.
Pub. L. 94–631975—Subsec. (g). added subsec. (g).
Pub. L. 93–3481974—Subsec. (f). added subsec. (f).
Pub. L. 92–423, § 7(a)(1)1972—Subsec. (a). , (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.
Pub. L. 92–423, § 7(a)(2)Subsec. (b). , struck out “heart,” after “alcohol abuse and alcoholism,”.
Pub. L. 92–255Subsec. (e). added subsec. (e).
Pub. L. 92–218, § 6(a)(1)(A)1971—Subsec. (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.
Pub. L. 92–218, § 6(a)(1)(B)Subsec. (b). , struck out “cancer,” before “mental health” in listing of various diseases.
Pub. L. 91–616, § 401(a)1970—Subsec. (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.
Pub. L. 91–616, § 401(b)Subsec. (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”.
Pub. L. 91–616, § 401(c)Subsec. (d). , added subsec. (d).
1950—Act , § 3(d), amended section catchline to reflect addition of new advisory councils.
Subsec. (a). Act , § 3(a), applied provisions to all of the advisory councils with regard to composition, qualifications, and appointment and tenure of members.
Subsec. (b). Act , § 3(b), made subsection also applicable to new advisory councils.
Subsec. (c). Act , § 3(c), redesignated subsec. (e) as (c) and repealed former subsec. (c).
Subsecs. (d), (f), (g). Act. , § 3(c), repealed subsecs. (d), (f), and (g).
1948—Acts , § 4(c), and , § 4(c), included in section catchline the National Advisory Heart and Dental Research Councils, respectively.
Subsec. (a). Act , § 6(b), substituted “National Institutes of Health” for “National Institute of Health” in second sentence.
Subsec. (b). Acts , § 4(b), and , § 4(b), made subsection applicable to the National Advisory Heart Council and the National Advisory Dental Research Council, respectively.
Subsec. (f). Act , § 4(a), added subsec. (f) which established the National Advisory Heart Council.
Subsec. (g). Act , § 4(a), added subsec. (g) which established the National Advisory Dental Research Council.
1946—Act , inserted “Mental Health” in section catchline.
Subsec. (b). Act , inserted “or of the National Advisory Mental Health Council”.
Subsecs. (d), (e). Act , added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Change of Name
section 509(b) of Pub. L. 96–88section 3508(b) of Title 20“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsecs. (a) and (c) pursuant to , which is classified to , Education.
Effective Date of 1978 Amendment
Pub. L. 95–622, title III, § 302(b)92 Stat. 3442, , , provided that the amendment made by that section is effective .
Effective Date of 1975 Amendment
Pub. L. 94–63section 608 of Pub. L. 94–63section 247b of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1974 Amendment
Pub. L. 93–348, title II, § 211(b)88 Stat. 352Pub. L. 94–278, title III, § 301(b)90 Stat. 407Pub. L. 94–573, § 18(b)90 Stat. 2720Pub. L. 95–203, § 5(b)91 Stat. 1454
Effective Date of 1972 Amendment
Pub. L. 92–423, § 986 Stat. 687
Effective Date of 1971 Amendment
Pub. L. 92–218, § 785 Stat. 785
Effective Date of 1950 Amendment
Act Aug. 15, 1950, ch. 714, § 3(a)64 Stat. 446, (c), , provided that the amendments and repeals made by section 3(a) and (c) are effective .
Reference to Community, Migrant, Public Housing, or Homeless Health Center Considered Reference to Health Center
section 4(c) of Pub. L. 104–299section 254b of this titleReference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see , set out as a note under .
Expiration of Terms of Office on September 30, 1950
Act 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 , shall expire at the close of business on such day.
Termination of National Advisory Health Council
Pub. L. 99–158, § 3(a)(1)99 Stat. 878
Termination of Advisory Committees
Pub. L. 93–641, § 688 Stat. 2275section 217a of this title, , , set out as a note under , 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 .
Executive Documents
Transfer of Functions
80 Stat. 1610section 202 of this titleFunctions 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. , 31 F.R. 8855, , set out as a note under .
section 3501 of this titleFunctions 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 . 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)], .