42 U.S.C. § 284a — Advisory councils

Page 674 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 284a § 284a. Advisory councils (a) Establishment; acceptance of conditional gifts; functions (1) Except as provided in subsection (h), the Secretary shall appoint an advisory council for each national research institute which (A) shall advise, assist, consult with, and make rec- ommendations to the Secretary and the Direc- tor of such institute on matters related to the activities carried out by and through the insti- tute and the policies respecting such activities, and (B) shall carry out the special functions pre- scribed by part C. (2) Each advisory council for a national re- search institute may recommend to the Sec- retary acceptance, in accordance with section 238 of this title, of conditional gifts for study, investigation, or research respecting the dis- eases, disorders, or other aspect of human health with respect to which the institute was estab- lished, for the acquisition of grounds, or for the construction, equipping, or maintenance of fa- cilities for the institute. (3) Each advisory council for a national re- search institute— (A)(i) may on the basis of the materials pro- vided under section 289a(b)(2) of this title re- specting research conducted at the institute, make recommendations to the Director of the institute respecting such research, (ii) may review applications for grants and cooperative agreements for research or train- ing and for which advisory council approval is required under section 284(b)(2) of this title and recommend for approval applications for projects which show promise of making valu- able contributions to human knowledge, and (iii) may review any grant, contract, or co- operative agreement proposed to be made or entered into by the institute; (B) may collect, by correspondence or by personal investigation, information as to stud- ies which are being carried on in the United States or any other country as to the diseases, disorders, or other aspect of human health with respect to which the institute was estab- lished and with the approval of the Director of the institute make available such information through appropriate publications for the ben- efit of public and private health entities and health professions personnel and scientists and for the information of the general public; and (C) may appoint subcommittees and convene workshops and conferences. (b) Membership; compensation (1) Each advisory council shall consist of ex officio members and not more than eighteen members appointed by the Secretary. The ex officio members shall be nonvoting members. (2) The ex officio members of an advisory council shall consist of— (A) the Secretary, the Director of NIH, the Director of the national research institute for which the council is established, the Under Secretary for Health of the Department of Veterans Affairs or the Chief Dental Director of the Department of Veterans Affairs, and the Assistant Secretary of Defense for Health Af- fairs (or the designees of such officers), and (B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effec- tively carry out its functions. (3) The members of an advisory council who are not ex officio members shall be appointed as follows: (A) Two-thirds of the members shall be ap- pointed by the Secretary from among the lead- ing representatives of the health and scientific disciplines (including not less than two indi- viduals who are leaders in the fields of public health and the behavioral or social sciences) relevant to the activities of the national re- search institute for which the advisory council is established. (B) One-third of the members shall be ap- pointed by the Secretary from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. (4) Members of an advisory council who are of- ficers or employees of the United States shall not receive any compensation for service on the advisory council. The other members of an advi- sory council shall receive, for each day (includ- ing traveltime) they are engaged in the perform- ance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS–18 of the General Schedule. (c) Term of office; reappointment; vacancy The term of office of an appointed member of an advisory council is four years, except that any member appointed to fill a vacancy for an unexpired term shall be appointed for the re- mainder of such term and the Secretary shall make appointments to an advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. A member may serve after the expiration of the member’s term for 180 days after the date of such expiration. A member who has been ap- pointed for a term of four years may not be re- appointed to an advisory council before two years from the date of expiration of such term of office. If a vacancy occurs in the advisory coun- cil among the appointed members, the Secretary shall make an appointment to fill the vacancy within 90 days from the date the vacancy occurs. (d) Chairman; term of office The chairman of an advisory council shall be selected by the Secretary from among the ap- pointed members, except that the Secretary may select the Director of the national research institute for which the advisory council is estab- lished to be the chairman of the advisory coun- cil. The term of office of the chairman shall be two years. (e) Meetings The advisory council shall meet at the call of the chairman or upon the request of the Direc- tor of the national research institute for which it was established, but at least three times each fiscal year. The location of the meetings of each advisory council is subject to the approval of the Director of the national research institute for which the advisory council was established. Page 675 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 284a 1 See References in Text note below. (f) Appointment of executive secretary; training and orientation for new members The Director of the national research institute for which an advisory council is established shall designate a member of the staff of the in- stitute to serve as the executive secretary of the advisory council. The Director of such institute shall make available to the advisory council such staff, information, and other assistance as it may require to carry out its functions. The Director of such institute shall provide orienta- tion and training for new members of the advi- sory council to provide them with such informa- tion and training as may be appropriate for their effective participation in the functions of the advisory council. (g) Comments and recommendations for inclu- sion in biennial report; additional reports Each advisory council may prepare, for inclu- sion in the biennial report made under section 284b 1 of this title, (1) comments respecting the activities of the advisory council in the fiscal years respecting which the report is prepared, (2) comments on the progress of the national re- search institute for which it was established in meeting its objectives, and (3) recommendations respecting the future directions and program and policy emphasis of the institute. Each advi- sory council may prepare such additional re- ports as it may determine appropriate. (h) Advisory councils in existence; application of section to National Cancer Advisory Board and advisory council to National Heart, Lung, and Blood Institute (1) Except as provided in paragraph (2), this section does not terminate the membership of any advisory council for a national research in- stitute which was in existence on November 20, 1985. After November 20, 1985— (A) the Secretary shall make appointments to each such advisory council in such a man- ner as to bring about as soon as practicable the composition for such council prescribed by this section; (B) each advisory council shall organize itself in accordance with this section and exer- cise the functions prescribed by this section; and (C) the Director of each national research in- stitute shall perform for such advisory council the functions prescribed by this section. (2)(A) The National Cancer Advisory Board shall be the advisory council for the National Cancer Institute. This section applies to the Na- tional Cancer Advisory Board, except that— (i) appointments to such Board shall be made by the President; (ii) the term of office of an appointed mem- ber shall be 6 years; (iii) of the members appointed to the Board— (I) not less than 5 members shall be indi- viduals knowledgeable in environmental car- cinogenesis (including carcinogenesis involv- ing occupational and dietary factors); and (II) not less than one member shall be an individual knowledgeable in pediatric oncol- ogy; (iv) the chairman of the Board shall be se- lected by the President from the appointed members and shall serve as chairman for a term of two years; (v) the ex officio members of the Board shall be nonvoting members and shall be the Sec- retary, the Director of the Office of Science and Technology Policy, the Director of NIH, the Under Secretary for Health of the Depart- ment of Veterans Affairs, the Director of the National Institute for Occupational Safety and Health, the Director of the National Insti- tute of Environmental Health Sciences, the Secretary of Labor, the Commissioner of the Food and Drug Administration, the Adminis- trator of the Environmental Protection Agen- cy, the Chairman of the Consumer Product Safety Commission, the Assistant Secretary of Defense for Health Affairs, and the Director of the Office of Science of the Department of En- ergy (or the designees of such officers); and (vi) the Board shall meet at least four times each fiscal year. (B) This section applies to the advisory coun- cil to the National Heart, Lung, and Blood Insti- tute, except that the advisory council shall meet at least four times each fiscal year. (July 1, 1944, ch. 373, title IV, § 406, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 828; amended Pub. L. 100–607, title I, § 117, Nov. 4, 1988, 102 Stat. 3053; Pub. L. 101–381, title I, § 102(1), Aug. 18, 1990, 104 Stat. 585; Pub. L. 102–405, title III, § 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 103–43, title II, § 210(a), title XX, §§ 2008(b)(1), 2010(b)(2), June 10, 1993, 107 Stat. 149, 210, 214; Pub. L. 105–245, title III, § 309(b)(2)(C), Oct. 7, 1998, 112 Stat. 1853; Pub. L. 115–180, title I, § 111, June 5, 2018, 132 Stat. 1386.) Editorial Notes REFERENCES IN TEXT Section 284b of this title, referred to in subsec. (g), was repealed by Pub. L. 109–482, title I, § 104(b)(1)(C), Jan. 15, 2007, 120 Stat. 3693. AMENDMENTS 2018—Subsec. (h)(2)(A)(iii). Pub. L. 115–180 substituted ‘‘appointed to the Board—’’ for ‘‘appointed to the Board’’, inserted subcl. (I) designation before ‘‘not less than’’, substituted ‘‘5 members’’ for ‘‘five members’’, inserted ‘‘and’’ at end, and added subcl. (II). 1998—Subsec. (h)(2)(A)(v). Pub. L. 105–245 substituted ‘‘Science of the Department of Energy’’ for ‘‘Energy Research of the Department of Energy’’. 1993—Subsec. (a)(2). Pub. L. 103–43, § 2010(b)(2), sub- stituted ‘‘section 238’’ for ‘‘section 300aaa’’. Subsec. (b)(2)(A). Pub. L. 103–43, § 2008(b)(1)(A), sub- stituted ‘‘Department of Veterans Affairs’’ for ‘‘Vet- erans’ Administration’’ in two places. Subsec. (c). Pub. L. 103–43, § 210(a), substituted ‘‘for 180 days after the date of such expiration’’ for ‘‘until a successor has taken office’’. Subsec. (h)(2)(A)(v). Pub. L. 103–43, § 2008(b)(1)(B), sub- stituted ‘‘Department of Veterans Affairs’’ for ‘‘Vet- erans’ Administration’’. 1992—Subsecs. (b)(2)(A), (h)(2)(A)(v). Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Director’’. 1990—Subsec. (a)(2). Pub. L. 101–381 made technical amendment to reference to section 300aaa of this title to reflect renumbering of corresponding section of original act. Page 676 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 284b 1988—Subsec. (b)(1). Pub. L. 100–607, § 117(a), inserted at end ‘‘The ex officio members shall be nonvoting members.’’ Subsec. (b)(3)(A). Pub. L. 100–607, § 117(b), inserted ‘‘not less than two individuals who are leaders in the fields of’’ after ‘‘(including’’. Subsec. (h)(2)(A)(v). Pub. L. 100–607, § 117(c), inserted ‘‘shall be nonvoting members and’’ after ‘‘Board’’ and substituted ‘‘the Assistant Secretary of Defense for Health Affairs, and the Director of the Office of Energy Research of the Department of Energy’’ for ‘‘and the Assistant Secretary of Defense for Health Affairs’’. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the Presi- dent or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is oth- erwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, 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 Jan. 4, 1975. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 284b. Repealed. Pub. L. 109–482, title I, § 104(b)(1)(C), Jan. 15, 2007, 120 Stat. 3693 Section, act July 1, 1944, ch. 373, title IV, § 407, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 831, re- lated to biennial report and its contents. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable only with respect to amounts ap- propriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as an Effective Date of 2007 Amendment note under section 281 of this title. § 284c. Certain uses of funds (a)(1) Except as provided in paragraph (2), the sum of the amounts obligated in any fiscal year for administrative expenses of the National In- stitutes of Health may not exceed an amount which is 5.5 percent of the total amount appro- priated for such fiscal year for the National In- stitutes of Health. (2) Paragraph (1) does not apply to the Na- tional Library of Medicine, the National Center for Nursing Research, the John E. Fogarty International Center for Advanced Study in the Health Sciences, the Warren G. Magnuson Clin- ical Center, and the Office of Medical Applica- tions of Research. (3) For purposes of paragraph (1), the term ‘‘administrative expenses’’ means expenses in- curred for the support of activities relevant to the award of grants, contracts, and cooperative agreements and expenses incurred for general administration of the scientific programs and activities of the National Institutes of Health. (b) For fiscal year 1989 and subsequent fiscal years, amounts made available to the National Institutes of Health shall be available for pay- ment of nurses and allied health professionals in accordance with payment authorities, sched- uling options, benefits, and other authorities provided under chapter 73 of title 38 for nurses of the Department of Veterans Affairs. (July 1, 1944, ch. 373, title IV, § 408, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 831; amended Pub. L. 100–607, title I, § 118, Nov. 4, 1988, 102 Stat. 3053; Pub. L. 100–690, title II, § 2613(d), Nov. 18, 1988, 102 Stat. 4239; Pub. L. 103–43, title IV, § 403(b)(1), title XX, § 2008(b)(2), June 10, 1993, 107 Stat. 158, 211; Pub. L. 104–316, title I, § 122(a), Oct. 19, 1996, 110 Stat. 3836; Pub. L. 105–362, title VI, § 601(a)(1)(B), Nov. 10, 1998, 112 Stat. 3285.) Editorial Notes AMENDMENTS 1998—Subsec. (a)(4). Pub. L. 105–362 struck out par. (4) which read as follows: ‘‘Not later than December 31, 1987, and December 31 of each succeeding year, the Sec- retary shall report to the Congress the amount obli- gated in the fiscal year preceding such date for admin- istrative expenses of the National Institutes of Health and the total amount appropriated for the National In- stitutes of Health for such fiscal year. The Secretary shall consult with the Comptroller General of the United States in preparing each report.’’ 1996—Subsec. (a)(3). Pub. L. 104–316 struck out at end ‘‘In identifying expenses incurred for such support and administration the Secretary shall consult with the Comptroller General of the United States.’’ 1993—Pub. L. 103–43 amended section catchline gen- erally, redesignated subsec. (b) as (a) and par. (5) of sub- sec. (a) as (b), struck out former subsec. (a) which au- thorized appropriations in addition to amounts other- wise appropriated under this subchapter for the Na- tional Cancer Institute for programs other than under section 285a–1 of this title and for its program under section 285a–1 of this title and for the National Heart, Lung, and Blood Institute for programs other than under section 285b–1 of this title and for its program under section 285b–1 of this title, and substituted ‘‘De- partment of Veterans Affairs’’ for ‘‘Veterans’ Adminis- tration’’ in subsec. (b). 1988—Subsec. (a)(1), (2). Pub. L. 100–607, § 118(a), amended pars. (1) and (2) generally. Prior to amend- ment, pars. (1) and (2) read as follows: ‘‘(1)(A) For the National Cancer Institute (other than its programs under section 285a–1 of this title), there are authorized to be appropriated $1,194,000,000 for fiscal year 1986, $1,270,000,000 for fiscal year 1987, and $1,344,000,000 for fiscal year 1988. ‘‘(B) For the programs under section 285a–1 of this title, there are authorized to be appropriated $68,000,000 for fiscal year 1986, $74,000,000 for fiscal year 1987, and $80,000,000 for fiscal year 1988. ‘‘(2)(A) For the National Heart, Lung, and Blood In- stitute (other than its programs under section 285b–1 of this title), there are authorized to be appropriated $809,000,000 for fiscal year 1986, $871,000,000 for fiscal year 1987, and $927,000,000 for fiscal year 1988. Of the amount appropriated under this subsection for such fis- cal year, not less than 15 percent of such amount shall be reserved for programs respecting diseases of the lung and not less than 15 percent of such amount shall be re- served for programs respecting blood diseases and blood resources.