
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: 42USC285q-2]

 
                 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 17--national institute of nursing research
 
Sec. 285q-2. Advisory council


(a) Appointment; functions and duties; acceptance of conditional gifts; 
        subcommittees

    (1) The Secretary shall appoint an advisory council for the 
Institute which shall advise, assist, consult with, and make 
recommendations to the Secretary and the Director of the Institute on 
matters related to the activities carried out by and through the 
Institute and the policies respecting such activities.
    (2) The advisory council for the Institute may recommend to the 
Secretary acceptance, in accordance with section 238 of this title, of 
conditional gifts for study, investigations, and research and for the 
acquisition of grounds or construction, equipping, or maintenance of 
facilities for the Institute.
    (3) The advisory council for the Institute--
        (A)(i) may make recommendations to the Director of the Institute 
    respecting research conducted at the Institute,
        (ii) may review applications for grants and cooperative 
    agreements for research or training 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 
    aspects of human health with respect to which the Institute is 
    concerned 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; ex officio members; compensation

    (1) The advisory council shall consist of ex officio members and not 
more than eighteen members appointed by the Secretary.
    (2) The ex officio members of the advisory council shall consist 
of--
        (A) the Secretary, the Director of NIH, the Director of the 
    Institute, the chief nursing officer of the Department of Veterans 
    Affairs, the Assistant Secretary of Defense for Health Affairs, the 
    Director of the Division of Nursing of the Health Resources and 
    Services Administration (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 the 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 public health and the behavioral 
    or social sciences) relevant to the activities of the Institute. Of 
    the members appointed pursuant to this subparagraph, at least seven 
    shall be professional nurses who are recognized experts in the area 
    of clinical practice, education, or research.
        (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 the 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 the 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; vacancy; reappointment

    The term of office of an appointed member of the 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 until a successor has taken office. 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; selection; term of office

    The chairman of the advisory council shall be selected by the 
Secretary from among the appointed members, except that the Secretary 
may select the Director of the Institute 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 Institute, but at least three times 
each fiscal year. The location of the meetings of the advisory council 
is subject to the approval of the Director of the Institute.

(f) Executive secretary; staff; orientation and training for new members

    The Director of the Institute shall designate a member of the staff 
of the Institute to serve as the executive secretary of the advisory 
council. The Director of the 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 the 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) Material for inclusion in biennial report; additional reports

    The advisory council may prepare, for inclusion in the biennial 
report made under section 285q-3 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 
Institute in meeting its objectives, and (3) recommendations respecting 
the future directions and program and policy emphasis of the Institute. 
The advisory council may prepare such additional reports as it may 
determine appropriate.

(July 1, 1944, ch. 373, title IV, Sec. 464X, formerly Sec. 485, as added 
Pub. L. 99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 867; amended Pub. L. 
101-381, title I, Sec. 102(4), Aug. 18, 1990, 104 Stat. 586; Pub. L. 
102-54, Sec. 13(q)(1)(E), June 13, 1991, 105 Stat. 279; renumbered 
Sec. 464X and amended Pub. L. 103-43, title XV, Sec. 1511(a)(3), (b)(2), 
(4)(B), title XX, Secs. 2008(b)(13), 2010(b)(5), June 10, 1993, 107 
Stat. 178, 179, 211, 214.)

                          Codification

    Section was formerly classified to section 285c-2 of this title 
prior to renumbering by Pub. L. 103-43.


                               Amendments

    1993--Subsec. (a). Pub. L. 103-43, Sec. 1511(a)(3)(A), substituted 
``Institute'' for ``Center'' wherever appearing.
    Subsec. (a)(2). Pub. L. 103-43, Sec. 2010(b)(5), which directed the 
substitution of ``section 238'' for ``section 300aaa'' in section 287c-
2(a)(2) of this title, was executed to subsec. (a)(2) of this section to 
reflect the probable intent of Congress and the renumbering of this 
section. See Codification note above.
    Subsec. (b)(2)(A). Pub. L. 103-43, Sec. 2008(b)(13), which directed 
the substitution of ``Department of Veterans Affairs'' for ``Veterans' 
Administration'' in section 287c-2(b)(2)(A) of this title could not be 
executed because the words ``Veterans' Administration'' do not appear in 
subsec. (b)(2)(A) of this section subsequent to amendment by Pub. L. 
102-54 and because of the renumbering of this section. See Codification 
note above and 1991 Amendment note below.
    Pub. L. 103-43, Secs. 1511(a)(3)(B)(i), substituted ``Institute'' 
for ``Center''.
    Subsec. (b)(3)(A). Pub. L. 103-43, Sec. 1511(a)(3)(B)(ii), 
substituted ``Institute'' for ``Center''.
    Subsecs. (d) to (f). Pub. L. 103-43, Sec. 1511(a)(3)(C), substituted 
``Institute'' for ``Center'' wherever appearing.
    Subsec. (g). Pub. L. 103-43, Sec. 1511(a)(3)(C), (b)(4)(B), 
substituted ``section 285q-3'' for ``section 287c-3'' and ``Institute'' 
for ``Center'' in two places.
    1991--Subsec. (b)(2)(A). Pub. L. 102-54 substituted ``chief nursing 
officer of the Department of Veterans Affairs'' for ``Chief Nursing 
Officer of the Veterans' Administration''.
    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.


                    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 section 285q-3 of this title.
