Page 71 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 217a 

tion 509(b) of Pub. L. 96–88 which is classified to section 

3508(b) of Title 20. 

DELEGATION OF FUNCTIONS 

Functions of President delegated to Secretary of 

Health and Human Services, see Ex. Ord. No. 11140, January 30, 1964, 29 F.R. 1637, as amended, set out as a note 

under section 202 of this title. 

§ 217. Use of Service in time of war or emergency 

In time of war, or of emergency proclaimed by 

the President, he may utilize the Service to 

such extent and in such manner as shall in his 

judgment promote the public interest. In time of 

war, or of emergency involving the national defense proclaimed by the President, he may by 

Executive order declare the commissioned corps 

of the Service to be a military service. Upon 

such declaration, and during the period of such 

war or such emergency or such part thereof as 

the President shall prescribe, the commissioned 

corps (a) shall constitute a branch of the land 

and naval forces of the United States, (b) shall, 

to the extent prescribed by regulations of the 

President, be subject to the Uniform Code of 

Military Justice [10 U.S.C. 801 et seq.], and (c) 

shall continue to operate as part of the Service 

except to the extent that the President may direct as Commander in Chief. 

(July 1, 1944, ch. 373, title II, § 216, 58 Stat. 690; 

Apr. 27, 1956, ch. 211, § 1, 70 Stat. 116.) 

REFERENCES IN TEXT 

The Uniform Code of Military Justice, referred to in 

text, is classified to chapter 47 (§801 et seq.) of Title 10, 

Armed Forces. 

AMENDMENTS 

1956—Act Apr. 27, 1956, empowered President to declare commissioned corps of the Service to be a military service in time of emergency involving national 

defense, and substituted ‘‘the Uniform Code of Military 

Justice’’ for ‘‘the Articles of War and to the Articles 

for the Government of the Navy’’. 

REPEAL OF PRIOR ACTS CONTINUING SECTION 

Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 

334, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 

as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 

96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint 

Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued 

provisions until July 3, 1952. This repeal shall take effect as of June 16, 1952, by section 7 of said Joint Res. 

July 3, 1952. 

TRANSFER OF FUNCTIONS 

Functions 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. June 25, 1966, 31 F.R. 8855, 80 Stat. 

1610, 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. 

EXECUTIVE ORDER NO. 9575 

Ex. Ord. No. 9575, eff. June 28, 1945, 10 F.R. 7895, which 

declared the Commissioned Corps of the Public Health 

Service to be a military service subject to the Articles 

for the Government of the Navy as therein prescribed, 

was superseded by Ex. Ord. No. 10349, eff. Apr. 28, 1952, 

17 F.R. 3769. 

EXECUTIVE ORDER NO. 10349 

Ex. Ord. No. 10349, eff. Apr. 28, 1952, 17 F.R. 3769, superseded Ex. Ord. No. 9575, and subjected the Commissioned Corps of the Public Health Service to the provisions of the Uniform Code of Military Justice until 

June 1, 1952. 

EXECUTIVE ORDER NO. 10356 

Ex. Ord. No. 10356, eff. June 2, 1952, 17 F.R. 4967, 

amended Ex. Ord. No. 10349, and extended from June 1, 

1952, to June 15, 1952, the period during which the Commissioned Corps of the Public Health Service was subject to the provisions of the Uniform Code of Military 

justice. 

EXECUTIVE ORDER NO. 10362 

Ex. Ord. No. 10362, eff. June 14, 1952, 17 F.R. 5413, 

amended Ex. Ord. No. 10356, and extended from June 15, 

1952, to June 30, 1952, the period during which the Commissioned Corps of the Public Health Service was subject to the Uniform Code of Military Justice. 

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 provisions of title 5 governing appointments in 

the competitive service, referred to in subsec. (a), are 
§ 217a–1 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 72 

classified to section 3301 et seq. of Title 5, Government 

Organization and Employees. 

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. 

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 RELAT

ING 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.], the 

Mental Retardation Facilities and Community 

­

Mental Health Centers Construction Act of 1963 

[42 U.S.C. 2689 et seq., 6000 et seq.], 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.) 

REFERENCES IN TEXT 

The Public Health Service Act, referred to in text, is 

act July 1, 1944, ch. 373, 58 Stat. 682, as amended, 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 Mental Retardation Facilities and Community 

Mental Health Centers Construction Act of 1963, referred to in text, is Pub. L. 88–164, Oct. 31, 1963, 77 Stat. 

282, as amended. Title I of the Act, known as the Developmental Disabilities Assistance and Bill of Rights 

Act, was classified principally to chapter 75 (§6000 et 

seq.) of this title, prior to repeal by Pub. L. 106–402, 

title IV, § 401(a), Oct. 30, 2000, 114 Stat. 1737. Title II of 

the Act, known as the Community Mental Health Centers Act, was classified principally to subchapter III 

(§ 2689 et seq.) of chapter 33 of this title, prior to repeal 

by Pub. L. 97–35, title IX, §902(e)(2)(B), Aug. 13, 1981, 95 

Stat. 560. Title IV of the Act was classified generally to 

subchapter IV (§2691 et seq.) of chapter 33 of this title, 

prior to repeal by Pub. L. 94–103, title III, § 302(c), Oct. 

4, 1975, 89 Stat. 507. Title III of the Act which amended 

provisions in Title 20, Education, and Title V of the Act 

which was classified generally to subchapter V (§2698 et 

seq.) of chapter 33 of this title, were repealed by Pub. 

L. 91–230, title VI, § 662(4), Apr. 13, 1970, 84 Stat. 188. For 

complete classification of this Act to the Code, see 

Short Title note set out under section 6000 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. 

CODIFICATION 

Section was not enacted as a part of the Public 

Health Service Act which comprises this chapter. 

§ 217b. Volunteer services 

Subject to regulations, volunteer and uncompensated services may be accepted by the Secretary, or by any other officer or employee of 

the Department of Health and Human Services 

designated by him, for use in the operation of 

any health care facility or in the provision of 

health care. 

(July 1, 1944, ch. 373, title II, § 223, as added Pub. 

L. 90–174, § 6, Dec. 5, 1967, 81 Stat. 539; amended 

Pub. L. 103–43, title XX, § 2008(h), June 10, 1993, 

107 Stat. 212.) 

AMENDMENTS 

1993—Pub. L. 103–43 substituted ‘‘Health and Human 

Services’’ for ‘‘Health, Education, and Welfare’’. 

§ 218. National Advisory Councils on Migrant 

Health 

(a) Appointment; duties 

Within 120 days of July 29, 1975, the Secretary 

shall appoint and organize a National Advisory 

Council on Migrant Health (hereinafter in this