§ 1314. Public advisory groups

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Pub. L. 87–543 title I § 121 · 76 Stat. 172

   Enacted · 42 U.S.C. § 1314

   Aug. 14, 1935, ch. 531, title XI, § 1114, as added Pub. L. 87–543, title I, § 121, July 25, 1962, 76 Stat. 190

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title XI, § 1114, as added Pub. L. 87–543, title I, § 121, July 25, 1962, 76 Stat. 190

   Enacted provision · exact public law section
   Sec. 121. advisory council on public welfare Title XI of the Social Security Act is amended by adding at the end thereof the following new section: “Sec. 1114. “appointment of advisory council and other advisory groups (a) 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 Act 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) The Council shall be appointed by the Secretary without regard to the civil-service laws 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) 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, Education, and Welfare as it may require to carry out such functions. “(d) The Council shall make a report of its findings and recommendations Report. Termination. (including recommendations for changes in the provisions of the Social Security Act) to the Secretary, such report to be submitted 49 Stat. 620. 42 USC 1305. not later than July 1, 1966, after which date such Council shall cease to exist. “(e) The Secretary shall also from time to time thereafter appoint Appointment. 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 Report. Termination. shall report its findings and recommendations, as prescribed in subsection (d), 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) The Secretary may also appoint, without regard to the civil-service Advisory committees. laws, such advisory committees as he may deem advisable to advise and consult with him in carrying out any or his functions under this Act. The Secretary shall report to the Congress annually on the Report to Congress. number of such committees and on the membership and activities of each such committee. “(g) Members of the Council or of any advisory committee Compensation. appointed under this section who are not regular full-time employees or 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 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b–2) for persons in Government 75 Stat. 339, 340. service employed intermittently. “(h) (1) Any member of the Council or any advisory committee Conflict of interest. appointed under this Act, 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 281, 283, and 1914 of title 18 of the United States Code, and section 190 of the Revised Statutes (5 62 Stat. 697, 793. U.S.C. 99), 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.”

2. 1968

   Social Security Amendments of 1967

   Pub. L. 90–248 § 403(e)(1) · 81 Stat. 821

   Substituted · 42 U.S.C. § 1314(b); 42 U.S.C. § 1314(f)

   Pub. L. 90–248, § 403(e)(1), (2), substituted “provisions of title 5, governing appointments in the competitive service” for “civil-service laws”

   Source evidence

   Code amendment note
   Subsecs. (b), (f). Pub. L. 90–248, § 403(e)(1), (2), substituted “provisions of title 5, governing appointments in the competitive service” for “civil-service laws”.

   Enacted provision · exact public law section
   (1) Section 1114(b) of such Act is amended by striking out “the civil-service laws” and inserting in lieu thereof “the provisions of title 5, United States Code, governing appointments in the competitive service”.

3. 1968

   Social Security Amendments of 1967

   Pub. L. 90–248 § 403(e)(3) · 81 Stat. 821

   Substituted · 42 U.S.C. § 1314(g)

   Pub. L. 90–248, § 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)”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 90–248, § 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)”.

   Enacted provision · exact public law section
   (3) Section 1114(g) of such Act is amended by striking out “section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b–2)” and inserting in lieu thereof “section 5703 of title 5, United States Code.”.

4. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 § 2663(j)(2)(D)(iv) · 98 Stat. 494

   Substituted · 42 U.S.C. § 1314(c)

   Pub. L. 98–369, § 2663(j)(2)(D)(iv), substituted “Health and Human Services” for “Health, Education, and Welfare”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–369, § 2663(j)(2)(D)(iv), substituted “Health and Human Services” for “Health, Education, and Welfare”.

   Enacted provision · exact public law section
   (iv) subsection (c) of section 1114;

5. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 § 2663(e)(4)(A) · 98 Stat. 494

   Changed · 42 U.S.C. § 1314(g)

   Pub. L. 98–369, § 2663(e)(4)(A), made technical correction of typographical error resulting in no change in text

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 98–369, § 2663(e)(4)(A), made technical correction of typographical error resulting in no change in text.

   Enacted provision · exact public law section
   (A) Section 1114(g) of such Act is amended by striking out the period after “Code” and inserting in lieu thereof a comma.

6. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 § 2663(e)(4)(B) · 98 Stat. 494

   Substituted · 42 U.S.C. § 1314(h)(1)

   Pub. L. 98–369, § 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)”

   Source evidence

   Code amendment note
   Subsec. (h)(1). Pub. L. 98–369, § 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)”.

   Enacted provision · exact public law section
   (B) Section 1114(h)(1) of such Act is amended by striking out “sections 281, 283, and 1914 of title 18 of the United States Code, and section 190 of the Revised Statutes (5 U.S.C. 99)” and insert in lieu thereof “sections 203, 205, and 209 of title 18, United States Code”.

7. 2000

   Consolidated Appropriations Act, 2001

   Pub. L. 106–554 § 1(a)(6)(tV)(s522)(c) · 114 Stat. 2763

   Added · 42 U.S.C. § 1314(i)

   Pub. L. 106–554 added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 106–554 added subsec. (i).

   Enacted provision · exact public law section
   (6) H.R. 5661, as introduced on December 14, 2000.

   Effective date note
   Pub. L. 108–173, title IX, § 948(e), Dec. 8, 2003, 117 Stat. 2426, provided that: “Except as otherwise provided, the amendments made by this section [amending this section and sections 1320c–3, 1395w–22, 1395y, and 1395ff of this title] shall be effective as if included in the enactment of BIPA [the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as enacted by section 1(a)(6) of Public Law 106–554].”

8. 2003

   Medicare Prescription Drug, Improvement, and Modernization Act of 2003

   Pub. L. 108–173 title IX § 948(a)(1)(A) · 117 Stat. 2066

   Redesignated · 42 U.S.C. § 1314(i)

   Pub. L. 108–173 redesignated and transferred subsec. (i) of this section to subsec. (j) of section 1395y of this title

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 108–173 redesignated and transferred subsec. (i) of this section to subsec. (j) of section 1395y of this title.

   Enacted provision · exact public law section
   (A) is transferred to section 1862 42 USC 1395y. and added at the end of such section; and

   Effective date note
   Pub. L. 108–173, title IX, § 948(e), Dec. 8, 2003, 117 Stat. 2426, provided that: “Except as otherwise provided, the amendments made by this section [amending this section and sections 1320c–3, 1395w–22, 1395y, and 1395ff of this title] shall be effective as if included in the enactment of BIPA [the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as enacted by section 1(a)(6) of Public Law 106–554].”

8 of 8 references resolved to an enrolled provision