42 U.S.C. § 299c — Advisory Council for Healthcare Research

Page 1143 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 299c Editorial Notes PRIOR PROVISIONS A prior section 937 of act July 1, 1944, was renumbered section 947 and is classified to section 299c–6 of this title. PART E—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 111–148, title III, § 3013(a)(1), Mar. 23, 2010, 124 Stat. 381, redesignated part D ‘‘General Provisions’’ as E. Pub. L. 109–41, § 2(a)(2), July 29, 2005, 119 Stat. 424, re- designated part C ‘‘General Provisions’’ as D. § 299c. Advisory Council for Healthcare Research and Quality (a) Establishment There is established an advisory council to be known as the National Advisory Council for Healthcare Research and Quality. (b) Duties (1) In general The Advisory Council shall advise the Sec- retary and the Director with respect to activi- ties proposed or undertaken to carry out the mission of the Agency under section 299(b) of this title. (2) Certain recommendations Activities of the Advisory Council under paragraph (1) shall include making rec- ommendations to the Director regarding— (A) priorities regarding health care re- search, especially studies related to quality, outcomes, cost and the utilization of, and access to, health care services; (B) the field of health care research and re- lated disciplines, especially issues related to training needs, and dissemination of infor- mation pertaining to health care quality; and (C) the appropriate role of the Agency in each of these areas in light of private sector activity and identification of opportunities for public-private sector partnerships. (c) Membership (1) In general The Advisory Council shall, in accordance with this subsection, be composed of appointed members and ex officio members. All members of the Advisory Council shall be voting mem- bers other than the individuals designated under paragraph (3)(B) as ex officio members. (2) Appointed members The Secretary shall appoint to the Advisory Council 21 appropriately qualified individuals. At least 17 members of the Advisory Council shall be representatives of the public who are not officers or employees of the United States and at least 1 member who shall be a specialist in the rural aspects of 1 or more of the profes- sions or fields described in subparagraphs (A) through (G). The Secretary shall ensure that the appointed members of the Council, as a group, are representative of professions and entities concerned with, or affected by, activi- ties under this subchapter and under section 1320b–12 of this title. Of such members— (A) three shall be individuals distinguished in the conduct of research, demonstration projects, and evaluations with respect to health care; (B) three shall be individuals distinguished in the fields of health care quality research or health care improvement; (C) three shall be individuals distinguished in the practice of medicine of which at least one shall be a primary care practitioner; (D) three shall be individuals distinguished in the other health professions; (E) three shall be individuals either rep- resenting the private health care sector, in- cluding health plans, providers, and pur- chasers or individuals distinguished as ad- ministrators of health care delivery sys- tems; (F) three shall be individuals distinguished in the fields of health care economics, infor- mation systems, law, ethics, business, or public policy; and (G) three shall be individuals representing the interests of patients and consumers of health care. (3) Ex officio members The Secretary shall designate as ex officio members of the Advisory Council— (A) the Assistant Secretary for Health, the Director of the National Institutes of Health, the Director of the Centers for Dis- ease Control and Prevention, the Adminis- trator of the Centers for Medicare & Med- icaid Services, the Commissioner of the Food and Drug Administration, the Director of the Office of Personnel Management, the Assistant Secretary of Defense (Health Af- fairs), and the Under Secretary for Health of the Department of Veterans Affairs; and (B) such other Federal officials as the Sec- retary may consider appropriate. (d) Terms (1) In general Members of the Advisory Council appointed under subsection (c)(2) shall serve for a term of 3 years. (2) Staggered terms To ensure the staggered rotation of one- third of the members of the Advisory Council each year, the Secretary is authorized to ap- point the initial members of the Advisory Council for terms of 1, 2, or 3 years. (3) Service beyond term A member of the Council appointed under subsection (c)(2) may continue to serve after the expiration of the term of the members until a successor is appointed. (e) Vacancies If a member of the Advisory Council appointed under subsection (c)(2) does not serve the full term applicable under subsection (d), the indi- vidual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. Page 1144 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 299c–1 (f) Chair The Director shall, from among the members of the Advisory Council appointed under sub- section (c)(2), designate an individual to serve as the chair of the Advisory Council. (g) Meetings The Advisory Council shall meet not less than once during each discrete 4-month period and shall otherwise meet at the call of the Director or the chair. (h) Compensation and reimbursement of ex- penses (1) Appointed members Members of the Advisory Council appointed under subsection (c)(2) shall receive compensa- tion for each day (including travel time) en- gaged in carrying out the duties of the Advi- sory Council unless declined by the member. Such compensation may not be in an amount in excess of the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day during which such member is engaged in the performance of the duties of the Advisory Council. (2) Ex officio members Officials designated under subsection (c)(3) as ex officio members of the Advisory Council may not receive compensation for service on the Advisory Council in addition to the com- pensation otherwise received for duties carried out as officers of the United States. (i) Staff The Director shall provide to the Advisory Council such staff, information, and other as- sistance as may be necessary to carry out the duties of the Council. (j) Duration Notwithstanding section 1013(a) of title 5, the Advisory Council shall continue in existence until otherwise provided by law. (July 1, 1944, ch. 373, title IX, § 941, formerly § 921, as added Pub. L. 106–129, § 2(a), Dec. 6, 1999, 113 Stat. 1663; amended Pub. L. 108–173, title IX, § 900(e)(2)(D), Dec. 8, 2003, 117 Stat. 2372; renum- bered § 931, Pub. L. 109–41, § 2(a)(3), July 29, 2005, 119 Stat. 424; renumbered § 941, Pub. L. 111–148, title III, § 3013(a)(2), Mar. 23, 2010, 124 Stat. 381; Pub. L. 117–286, § 4(a)(242), Dec. 27, 2022, 136 Stat. 4332.) Editorial Notes PRIOR PROVISIONS A prior section 299c, act July 1, 1944, ch. 373, title IX, § 921, as added Pub. L. 101–239, title VI, § 6103(c), Dec. 19, 1989, 103 Stat. 2199; amended Pub. L. 102–410, § 8, Oct. 13, 1992, 106 Stat. 2100, established the Advisory Council for Health Care Policy, Research, and Evaluation, prior to the general amendment of this subchapter by Pub. L. 106–129. Another prior section 299c, act July 1, 1944, ch. 373, title IX, § 903, as added Oct. 6, 1965, Pub. L. 89–239, § 2, 79 Stat. 927; amended Oct. 15, 1968, Pub. L. 90–574, title I, § 104, 82 Stat. 1005; Oct. 30, 1970, Pub. L. 91–515, title I, §§ 105, 111(b), 84 Stat. 1299, 1301, authorized Secretary to make planning grants and set forth requirements for grant applications, prior to repeal by Pub. L. 99–117, § 12(d), Oct. 7, 1985, 99 Stat. 495. AMENDMENTS 2022—Subsec. (j). Pub. L. 117–286, which directed amendment of ‘‘Section 942(j) of the Public Health Service Act’’ by substituting ‘‘section 1013(a) of title 5,’’ for ‘‘section 14(a) of the Federal Advisory Com- mittee Act,’’, was executed to this section, which is section 941 of the Public Health Service Act, to reflect the probable intent of Congress. 2003—Subsec. (c)(3)(A). Pub. L. 108–173 substituted ‘‘Centers for Medicare & Medicaid Services’’ for ‘‘Health Care Financing Administration’’. § 299c–1. Peer review with respect to grants and contracts (a) Requirement of review (1) In general Appropriate technical and scientific peer re- view shall be conducted with respect to each application for a grant, cooperative agree- ment, or contract under this subchapter. (2) Reports to Director Each peer review group to which an applica- tion is submitted pursuant to paragraph (1) shall report its finding and recommendations respecting the application to the Director in such form and in such manner as the Director shall require. (b) Approval as precondition of awards The Director may not approve an application described in subsection (a)(1) unless the applica- tion is recommended for approval by a peer re- view group established under subsection (c). (c) Establishment of peer review groups (1) In general The Director shall establish such technical and scientific peer review groups as may be necessary to carry out this section. Such groups shall be established without regard to the provisions of title 5 that govern appoint- ments in the competitive service, and without regard to the provisions of chapter 51, and sub- chapter III of chapter 53, of such title that re- late to classification and pay rates under the General Schedule. (2) Membership The members of any peer review group es- tablished under this section shall be appointed from among individuals who by virtue of their training or experience are eminently qualified to carry out the duties of such peer review group. Officers and employees of the United States may not constitute more than 25 per- cent of the membership of any such group. Such officers and employees may not receive compensation for service on such groups in ad- dition to the compensation otherwise received for these duties carried out as such officers and employees. (3) Duration Notwithstanding section 1013(a) of title 5, peer review groups established under this sec- tion may continue in existence until otherwise provided by law. (4) Qualifications Members of any peer review group shall, at a minimum, meet the following requirements: