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U.S. Code as of:
01/19/04
Section 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.
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