
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: 42USC287a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
 
                      Part E--Other Agencies of NIH
 
            subpart 1--national center for research resources
 
Sec. 287a. Advisory council


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

    (1) The Secretary shall appoint an advisory council for the Center 
which shall advise, assist, consult with, and make recommendations to 
the Secretary and the Director of the Center on matters related to the 
activities carried out by and through the Center and the policies 
respecting such activities.
    (2) The advisory council for the Center 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 Center.
    (3) The advisory council for the Center--
        (A)(i) may make recommendations to the Director of the Center 
    respecting research conducted at the Center,
        (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 Center;
        (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 Center is 
    concerned and with the approval of the Director of the Center 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 
    Center, the Under Secretary for Health 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 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 Center.
        (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 Center 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 Center, 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 Center.

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

    The Director of the Center shall designate a member of the staff of 
the Center to serve as the executive secretary of the advisory council. 
The Director of the Center 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 Center 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 287a-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 Center 
in meeting its objectives, and (3) recommendations respecting the future 
directions and program and policy emphasis of the Center. The advisory 
council may prepare such additional reports as it may determine 
appropriate.

(h) Advisory council in existence on November 20, 1985

    This section does not terminate the membership of the advisory 
council for the Center which was in existence on November 20, 1985. 
After November 20, 1985--
        (1) the Secretary shall make appointments to such advisory 
    council in such a manner as to bring about as soon as practicable 
    the composition for such council prescribed by this section;
        (2) the advisory council shall organize itself in accordance 
    with this section and exercise the functions prescribed by this 
    section; and
        (3) the Director of the Center shall perform for such advisory 
    council the functions prescribed by this section.

(July 1, 1944, ch. 373, title IV, Sec. 480, as added Pub. L. 99-158, 
Sec. 2, Nov. 20, 1985, 99 Stat. 864; amended Pub. L. 101-381, title I, 
Sec. 102(3), Aug. 18, 1990, 104 Stat. 586; Pub. L. 102-405, title III, 
Sec. 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 103-43, title XV, 
Sec. 1501(2)(C), (D), title XX, Secs. 2008(b)(12), 2010(b)(4), June 10, 
1993, 107 Stat. 172, 173, 211, 214.)


                               Amendments

    1993--Subsec. (a)(1). Pub. L. 103-43, Sec. 1501(2)(C), (D), 
substituted ``the Center'' for ``the Division of Research Resources'' 
after ``advisory council for'' and substituted ``the Center'' for ``the 
Division'' in two places.
    Subsec. (a)(2). Pub. L. 103-43, Secs. 1501(2)(C), (D), 2010(b)(4), 
substituted ``the Center'' for ``the Division of Research Resources'' 
after ``advisory council for'', ``section 238'' for ``section 300aaa'', 
and ``the Center'' for ``the Division''.
    Subsec. (a)(3). Pub. L. 103-43, Sec. 1501(2)(D), substituted ``the 
Center'' for ``the Division'' wherever appearing.
    Subsec. (b). Pub. L. 103-43, Secs. 1501(2)(C), (D), 2008(b)(12), in 
par. (2)(A) substituted ``the Center'' for ``the Division of Research 
Resources'' and ``Department of Veterans Affairs'' for ``Veterans' 
Administration'' and in par. (3)(A) substituted ``the Center'' for ``the 
Division''.
    Subsec. (d). Pub. L. 103-43, Sec. 1501(2)(C), substituted ``the 
Center'' for ``the Division of Research Resources''.
    Subsec. (e). Pub. L. 103-43, Sec. 1501(2)(C), (D), substituted ``the 
Center'' for ``the Division of Research Resources'' and ``the Center'' 
for ``the Division''.
    Subsec. (f). Pub. L. 103-43, Sec. 1501(2)(C), (D), substituted ``the 
Center'' for ``the Division of Research Resources'' and ``the Center'' 
for ``the Division'' in three places.
    Subsec. (g). Pub. L. 103-43, Sec. 1501(2)(C), (D), substituted ``the 
Center'' for ``the Division of Research Resources'' and ``the Center'' 
for ``the Division''.
    Subsec. (h). Pub. L. 103-43, Sec. 1501(2)(C), substituted ``the 
Center'' for ``the Division of Research Resources'' in introductory 
provisions and in par. (3).
    1992--Subsec. (b)(2)(A). 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.


                    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 287a-1, 287a-2 of this 
title.
