
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: 42USC285c-4]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
 
   Part C--Specific Provisions Respecting National Research Institutes
 
   subpart 3--national institute of diabetes and digestive and kidney 
                                diseases
 
Sec. 285c-4. Advisory boards


(a) Establishment

    The Secretary shall establish in the Institute the National Diabetes 
Advisory Board, the National Digestive Diseases Advisory Board, and the 
National Kidney and Urologic Diseases Advisory Board (hereafter in this 
section individually referred to as an ``Advisory Board'').

(b) Membership; ex officio members

    Each Advisory Board shall be composed of eighteen appointed members 
and nonvoting ex officio members as follows:
        (1) The Secretary shall appoint--
            (A) twelve members from individuals who are scientists, 
        physicians, and other health professionals, who are not officers 
        or employees of the United States, and who represent the 
        specialties and disciplines relevant to the diseases with 
        respect to which the Advisory Board is established; and
            (B) six members from the general public who are 
        knowledgeable with respect to such diseases, including at least 
        one member who is a person who has such a disease and one member 
        who is a parent of a person who has such a disease.

    Of the appointed members at least five shall by virtue of training 
    or experience be knowledgeable in the fields of health education, 
    nursing, data systems, public information, and community program 
    development.
        (2)(A) The following shall be ex officio members of each 
    Advisory Board:
            (i) The Assistant Secretary for Health, the Director of NIH, 
        the Director of the National Institute of Diabetes and Digestive 
        and Kidney Diseases, the Director of the Centers for Disease 
        Control and Prevention, the Under Secretary for Health of the 
        Department of Veterans Affairs, the Assistant Secretary of 
        Defense for Health Affairs, and the Division Director of the 
        National Institute of Diabetes and Digestive and Kidney Diseases 
        for the diseases for which the Board is established (or the 
        designees of such officers).
            (ii) Such other officers and employees of the United States 
        as the Secretary determines necessary for the Advisory Board to 
        carry out its functions.

        (B) In the case of the National Diabetes Advisory Board, the 
    following shall also be ex officio members: The Director of the 
    National Heart, Lung, and Blood Institute, the Director of the 
    National Eye Institute, the Director of the National Institute of 
    Child Health and Human Development, and the Administrator of the 
    Health Resources and Services Administration (or the designees of 
    such officers).

(c) Compensation

    Members of an Advisory Board who are officers or employees of the 
Federal Government shall serve as members of the Advisory Board without 
compensation in addition to that received in their regular public 
employment. Other members of the Board shall receive compensation at 
rates not to exceed the daily equivalent of the annual rate in effect 
for grade GS-18 of the General Schedule for each day (including 
traveltime) they are engaged in the performance of their duties as 
members of the Board.

(d) Term of office; vacancy

    The term of office of an appointed member of an Advisory Board is 
four years, except that no term of office may extend beyond the 
expiration of the Advisory Board. Any member appointed to fill a vacancy 
for an unexpired term shall be appointed for the remainder of such term. 
A member may serve after the expiration of the member's term until a 
successor has taken office. If a vacancy occurs in an Advisory Board, 
the Secretary shall make an appointment to fill the vacancy not later 
than 90 days from the date the vacancy occurred.

(e) Chairman

    The members of each Advisory Board shall select a chairman from 
among the appointed members.

(f) Executive director; professional and clerical staff; administrative 
        support services and facilities

    The Secretary shall, after consultation with and consideration of 
the recommendations of an Advisory Board, provide the Advisory Board 
with an executive director and one other professional staff member. In 
addition, the Secretary shall, after consultation with and consideration 
of the recommendations of the Advisory Board, provide the Advisory Board 
with such additional professional staff members, such clerical staff 
members, such services of consultants, such information, and (through 
contracts or other arrangements) such administrative support services 
and facilities, as the Secretary determines are necessary for the 
Advisory Board to carry out its functions.

(g) Meetings

    Each Advisory Board shall meet at the call of the chairman or upon 
request of the Director of the Institute, but not less often than four 
times a year.

(h) Functions of National Diabetes Advisory Board and National Digestive 
        Diseases Advisory Board

    The National Diabetes Advisory Board and the National Digestive 
Diseases Advisory Board shall--
        (1) review and evaluate the implementation of the plan (referred 
    to in section 285c-7 of this title) respecting the diseases with 
    respect to which the Advisory Board was established and periodically 
    update the plan to ensure its continuing relevance;
        (2) for the purpose of assuring the most effective use and 
    organization of resources respecting such diseases, advise and make 
    recommendations to the Congress, the Secretary, the Director of NIH, 
    the Director of the Institute, and the heads of other appropriate 
    Federal agencies for the implementation and revision of such plan; 
    and
        (3) maintain liaison with other advisory bodies related to 
    Federal agencies involved in the implementation of such plan, the 
    coordinating committee for such diseases, and with key non-Federal 
    entities involved in activities affecting the control of such 
    diseases.

(i) Subcommittees; establishment and membership

    In carrying out its functions, each Advisory Board may establish 
subcommittees, convene workshops and conferences, and collect data. Such 
subcommittees may be composed of Advisory Board members and nonmember 
consultants with expertise in the particular area addressed by such 
subcommittees. The subcommittees may hold such meetings as are necessary 
to enable them to carry out their activities.

(j) Termination of predecessor boards; time within which to appoint 
        members

    The National Diabetes Advisory Board and the National Digestive 
Diseases Advisory Board in existence on November 20, 1985, shall 
terminate upon the appointment of a successor Board under subsection (a) 
of this section. The Secretary shall make appointments to the Advisory 
Boards established under subsection (a) of this section before the 
expiration of 90 days after November 20, 1985. The members of the Boards 
in existence on November 20, 1985, may be appointed, in accordance with 
subsections (b) and (d) of this section, to the Boards established under 
subsection (a) of this section for diabetes and digestive diseases, 
except that at least one-half of the members of the National Diabetes 
Advisory Board in existence on November 20, 1985, shall be appointed to 
the National Diabetes Advisory Board first established under subsection 
(a) of this section.

(July 1, 1944, ch. 373, title IV, Sec. 430, as added Pub. L. 99-158, 
Sec. 2, Nov. 20, 1985, 99 Stat. 844; amended Pub. L. 100-607, title I, 
Sec. 131, Nov. 4, 1988, 102 Stat. 3056; Pub. L. 102-405, title III, 
Sec. 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 102-531, title 
III, Sec. 312(d)(6), Oct. 27, 1992, 106 Stat. 3504; Pub. L. 103-43, 
title XX, Sec. 2008(b)(5), June 10, 1993, 107 Stat. 211; Pub. L. 105-
362, title VI, Sec. 601(a)(1)(C), Nov. 10, 1998, 112 Stat. 3285.)


                               Amendments

    1998--Subsecs. (j), (k). Pub. L. 105-362 redesignated subsec. (k) as 
(j) and struck out former subsec. (j) which read as follows: ``Each 
Advisory Board shall prepare an annual report for the Secretary which--
        ``(1) describes the Advisory Board's activities in the fiscal 
    year for which the report is made;
        ``(2) describes and evaluates the progress made in such fiscal 
    year in research, treatment, education, and training with respect to 
    the diseases with respect to which the Advisory Board was 
    established;
        ``(3) summarizes and analyzes expenditures made by the Federal 
    Government for activities respecting such diseases in such fiscal 
    year; and
        ``(4) contains the Advisory Board's recommendations (if any) for 
    changes in the plan referred to in section 285c-7 of this title.''
    1993--Subsec. (b)(2)(A)(i). Pub. L. 103-43 substituted ``Department 
of Veterans Affairs'' for ``Veterans' Administration''.
    1992--Subsec. (b)(2)(A)(i). Pub. L. 102-531 substituted ``Centers 
for Disease Control and Prevention'' for ``Centers for Disease 
Control''.
    Pub. L. 102-405 substituted ``Under Secretary for Health'' for 
``Chief Medical Director''.
    1988--Subsecs. (k), (l). Pub. L. 100-607 redesignated subsec. (l) as 
(k) and struck out former subsec. (k) which read as follows: ``Each 
Advisory Board shall expire on September 30, 1988.''


                     Termination of Advisory Boards

    Advisory boards 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 board established by the 
President or an officer of the Federal Government, such board is renewed 
by appropriate action prior to the expiration of such 2-year period, or 
in the case of a board 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 section 285c-3 of this title.
