
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC284a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
 
   Part B--General Provisions Respecting National Research Institutes
 
Sec. 284a. Advisory councils


(a) Establishment; acceptance of conditional gifts; functions

    (1) Except as provided in subsection (h) of this section, the 
Secretary shall appoint an advisory council for each national research 
institute which (A) shall advise, assist, consult with, and make 
recommendations to the Secretary and the Director of such institute on 
matters related to the activities carried out by and through the 
institute and the policies respecting such activities, and (B) shall 
carry out the special functions prescribed by part C of this subchapter.
    (2) Each advisory council for a national research institute may 
recommend to the Secretary acceptance, in accordance with section 238 of 
this title, of conditional gifts for study, investigation, or research 
respecting the diseases, disorders, or other aspect of human health with 
respect to which the institute was established, for the acquisition of 
grounds, or for the construction, equipping, or maintenance of 
facilities for the institute.
    (3) Each advisory council for a national research institute--
        (A)(i) may on the basis of the materials provided under section 
    289a(b)(2) of this title respecting 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 training 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 valuable contributions to human knowledge, and
        (iii) may review any grant, contract, or cooperative agreement 
    proposed to be made or entered into by the institute;
        (B) may collect, by correspondence or by personal investigation, 
    information as to studies 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 
    established and with the approval of the Director of the institute 
    make available such information through appropriate publications for 
    the benefit 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 Affairs (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 
    effectively 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 appointed by the 
    Secretary from among the leading representatives of the health and 
    scientific disciplines (including not less than two individuals who 
    are leaders in the fields of public health and the behavioral or 
    social sciences) relevant to the activities of the national research 
    institute for which the advisory council is established.
        (B) One-third of the members shall be appointed 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 officers or employees of 
the United States shall not receive any compensation for service on the 
advisory council. The other members of an advisory council shall 
receive, for each day (including traveltime) they are engaged in the 
performance 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 remainder 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 appointed for a term of four years may not be reappointed to an 
advisory council before two years from the date of expiration of such 
term of office. If a vacancy occurs in the advisory council 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 appointed members, except that the Secretary 
may select the Director of the national research institute for which the 
advisory council is established to be the chairman of the advisory 
council. 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 Director 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.

(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 institute 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 orientation and training for new members of the advisory council 
to provide them with such information and training as may be appropriate 
for their effective participation in the functions of the advisory 
council.

(g) Comments and recommendations for inclusion in biennial report; 
        additional reports

    Each advisory council may prepare, for inclusion in the biennial 
report made under section 284b 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 research 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 advisory council may 
prepare such additional reports 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 
institute 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 manner 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 exercise the functions prescribed by this 
    section; and
        (C) the Director of each national research institute 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 
National Cancer Advisory Board, except that--
        (i) appointments to such Board shall be made by the President;
        (ii) the term of office of an appointed member shall be 6 years;
        (iii) of the members appointed to the Board not less than five 
    members shall be individuals knowledgeable in environmental 
    carcinogenesis (including carcinogenesis involving occupational and 
    dietary factors);
        (iv) the chairman of the Board shall be selected 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 Secretary, the Director of the Office of 
    Science and Technology Policy, the Director of NIH, the Under 
    Secretary for Health of the Department of Veterans Affairs, the 
    Director of the National Institute for Occupational Safety and 
    Health, the Director of the National Institute of Environmental 
    Health Sciences, the Secretary of Labor, the Commissioner of the 
    Food and Drug Administration, the Administrator of the Environmental 
    Protection Agency, 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 
    Energy (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 council to the National 
Heart, Lung, and Blood Institute, except that the advisory council shall 
meet at least four times each fiscal year.

(July 1, 1944, ch. 373, title IV, Sec. 406, as added Pub. L. 99-158, 
Sec. 2, Nov. 20, 1985, 99 Stat. 828; amended Pub. L. 100-607, title I, 
Sec. 117, Nov. 4, 1988, 102 Stat. 3053; Pub. L. 101-381, title I, 
Sec. 102(1), Aug. 18, 1990, 104 Stat. 585; Pub. L. 102-405, title III, 
Sec. 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 103-43, title II, 
Sec. 210(a), title XX, Secs. 2008(b)(1), 2010(b)(2), June 10, 1993, 107 
Stat. 149, 210, 214; Pub. L. 105-245, title III, Sec. 309(b)(2)(C), Oct. 
7, 1998, 112 Stat. 1853.)


                               Amendments

    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, Sec. 2010(b)(2), substituted 
``section 238'' for ``section 300aaa''.
    Subsec. (b)(2)(A). Pub. L. 103-43, Sec. 2008(b)(1)(A), substituted 
``Department of Veterans Affairs'' for ``Veterans' Administration'' in 
two places.
    Subsec. (c). Pub. L. 103-43, Sec. 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, Sec. 2008(b)(1)(B), 
substituted ``Department of Veterans Affairs'' for ``Veterans' 
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.
    1988--Subsec. (b)(1). Pub. L. 100-607, Sec. 117(a), inserted at end 
``The ex officio members shall be nonvoting members.''
    Subsec. (b)(3)(A). Pub. L. 100-607, Sec. 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, Sec. 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''.


                    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 
President 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 otherwise provided by law. See sections 3(2) and 14 of Pub. 
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to 
Title 5, Government Organization and Employees.
    Pub. L. 93-641, Sec. 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 Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in sections 284, 284b, 285b-7, 285c-6, 
287c-21, 289c, 300cc-40a of this title.
