
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3402]
[CITE: 42USC290aa-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
      SUBCHAPTER III-A--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
                             ADMINISTRATION
 
              Part A--Organization and General Authorities
 
Sec. 290aa-1. Advisory councils


(a) Appointment

                           (1) In general

        The Secretary shall appoint an advisory council for--
            (A) the Substance Abuse and Mental Health Services 
        Administration;
            (B) the Center for Substance Abuse Treatment;
            (C) the Center for Substance Abuse Prevention; and
            (D) the Center for Mental Health Services.

    Each such advisory council shall advise, consult with, and make 
    recommendations to the Secretary and the Administrator or Director 
    of the Administration or Center for which the advisory council is 
    established concerning matters relating to the activities carried 
    out by and through the Administration or Center and the policies 
    respecting such activities.

                     (2) Function and activities

        An advisory council--
            (A)(i) may on the basis of the materials provided by the 
        organization respecting activities conducted at the 
        organization, make recommendations to the Administrator or 
        Director of the Administration or Center for which it was 
        established respecting such activities;
            (ii) shall review applications submitted for grants and 
        cooperative agreements for activities for which advisory council 
        approval is required under section 290aa-3(d)(2) of this title 
        and recommend for approval applications for projects that show 
        promise of making valuable contributions to the Administration's 
        mission; and
            (iii) may review any grant, contract, or cooperative 
        agreement proposed to be made or entered into by the 
        organization;
            (B) may collect, by correspondence or by personal 
        investigation, information as to studies and services that 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 organization was established and with the 
        approval of the Administrator or Director, whichever is 
        appropriate, make such information available through appropriate 
        publications for the benefit of public and private health 
        entities and health professions personnel and for the 
        information of the general public; and
            (C) may appoint subcommittees and convene workshops and 
        conferences.

(b) Membership

                           (1) In general

        Each advisory council shall consist of nonvoting ex officio 
    members and not more than 12 members to be appointed by the 
    Secretary under paragraph (3).

                       (2) Ex officio members

        The ex officio members of an advisory council shall consist of--
            (A) the Secretary;
            (B) the Administrator;
            (C) the Director of the Center for which the council is 
        established;
            (D) the Under Secretary for Health of the Department of 
        Veterans Affairs;
            (E) the Assistant Secretary for Defense for Health Affairs 
        (or the designates of such officers); and
            (F) 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) Appointed members

        Individuals shall be appointed to an advisory council under 
    paragraph (1) as follows:
            (A) Nine of the members shall be appointed by the Secretary 
        from among the leading representatives of the health disciplines 
        (including public health and behavioral and social sciences) 
        relevant to the activities of the Administration or Center for 
        which the advisory council is established.
            (B) Three of the members shall be appointed by the Secretary 
        from the general public and shall include leaders in fields of 
        public policy, public relations, law, health policy economics, 
        or management.

                          (4) Compensation

        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 remaining members of an advisory council 
    shall receive, for each day (including travel time) they are engaged 
    in the performance of the functions of the advisory council, 
    compensation at rates not to exceed the daily equivalent to the 
    annual rate in effect for grade GS-18 of the General Schedule.

(c) Terms of office

                           (1) In general

        The term of office of a member of an advisory council appointed 
    under subsection (b) of this section shall be 4 years, except that 
    any member appointed to fill a vacancy for an unexpired term shall 
    serve for the remainder of such term. The Secretary shall make 
    appointments to an advisory council in such a manner as to ensure 
    that the terms of the members not all expire in the same year. A 
    member of an advisory council may serve after the expiration of such 
    member's term until a successor has been appointed and taken office.

                         (2) Reappointments

        A member who has been appointed to an advisory council for a 
    term of 4 years may not be reappointed to an advisory council during 
    the 2-year period beginning on the date on which such 4-year term 
    expired.

                      (3) Time for appointment

        If a vacancy occurs in an advisory council among the members 
    under subsection (b) of this section, the Secretary shall make an 
    appointment to fill such vacancy within 90 days from the date the 
    vacancy occurs.

(d) Chair

    The Secretary shall select a member of an advisory council to serve 
as the chair of the council. The Secretary may so select an individual 
from among the appointed members, or may select the Administrator or the 
Director of the Center involved. The term of office of the chair shall 
be 2 years.

(e) Meetings

    An advisory council shall meet at the call of the chairperson or 
upon the request of the Administrator or Director of the Administration 
or Center for which the advisory council is established, but in no event 
less than 3 times during each fiscal year. The location of the meetings 
of each advisory council shall be subject to the approval of the 
Administrator or Director of Administration or Center for which the 
council was established.

(f) Executive Secretary and staff

    The Administrator or Director of the Administration or Center for 
which the advisory council is established shall designate a member of 
the staff of the Administration or Center for which the advisory council 
is established to serve as the Executive Secretary of the advisory 
council. The Administrator or Director shall make available to the 
advisory council such staff, information, and other assistance as it may 
require to carry out its functions. The Administrator or Director shall 
provide orientation and training for new members of the advisory council 
to provide for their effective participation in the functions of the 
advisory council.

(July 1, 1944, ch. 373, title V, Sec. 502, formerly Sec. 505, as added 
Pub. L. 99-570, title IV, Sec. 4004(a), Oct. 27, 1986, 100 Stat. 3207-
109; amended Pub. L. 100-527, Sec. 10(4), Oct. 25, 1988, 102 Stat. 2641; 
Pub. L. 101-381, title I, Sec. 102(6), Aug. 18, 1990, 104 Stat. 586; 
renumbered Sec. 502 and amended Pub. L. 102-321, title I, Sec. 102, July 
10, 1992, 106 Stat. 331; Pub. L. 102-352, Sec. 2(a)(6), Aug. 26, 1992, 
106 Stat. 938; Pub. L. 103-446, title XII, Sec. 1203(a)(1), Nov. 2, 
1994, 108 Stat. 4689.)

                          Codification

    Section was formerly classified to section 290aa-3a of this title 
prior to renumbering by Pub. L. 102-321.


                            Prior Provisions

    A prior section 290aa-1, act July 1, 1944, ch. 373, title V, 
Sec. 502, formerly Pub. L. 91-616, title I, Sec. 101, Dec. 31, 1970, 84 
Stat. 1848, as amended Pub. L. 93-282, title II, Sec. 203(a), May 14, 
1974, 88 Stat. 135; Pub. L. 96-180, Sec. 3, Jan. 2, 1980, 93 Stat. 1302; 
Pub. L. 97-35, title IX, Sec. 966(a), Aug. 13, 1981, 95 Stat. 595; 
renumbered Sec. 502 of act July 1, 1944, and amended Apr. 26, 1983, Pub. 
L. 98-24, Sec. 2(b)(3), 97 Stat. 177; Oct. 19, 1984, Pub. L. 98-509, 
title II, Sec. 205(b)(2), 98 Stat. 2361; Oct. 27, 1986, Pub. L. 99-570, 
title IV, Sec. 4005(b)(1), 100 Stat. 3207-114, related to National 
Institute on Alcohol Abuse and Alcoholism, prior to repeal by Pub. L. 
102-321, title I, Sec. 101(b), July 10, 1992, 106 Stat. 331. See section 
285n of this title.
    A prior section 502 of act July 1, 1944, which was classified to 
section 220 of this title, was successively renumbered by subsequent 
acts and transferred, see section 238a of this title.


                               Amendments

    1994--Subsec. (b)(2)(D). Pub. L. 103-446 amended subpar. (D) 
generally. Prior to amendment, subpar. (D) read as follows: ``the Chief 
Medical Director of the Veterans Administration; and''.
    1992--Pub. L. 102-352 substituted ``or management'' for ``and 
management'' in subsec. (b)(3)(B).
    Pub. L. 102-321 amended section generally, substituting provisions 
relating to appointment of advisory councils to Substance Abuse and 
Mental Health Services Administration, Center for Substance Abuse 
Treatment, Center for Substance Abuse Prevention, and Center for Mental 
Health Services for provisions appointing advisory councils for National 
Institute on Alcohol Abuse and Alcoholism, National Institute on Drug 
Abuse, and National Institute of Mental Health.
    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)(2)(A). Pub. L. 100-527 substituted ``Chief Medical 
Director of the Department of Veterans Affairs'' for ``Chief Medical 
Director of the Veterans' Administration''.


                    Effective Date of 1992 Amendments

    Amendment by Pub. L. 102-352 effective immediately upon effectuation 
of amendment made by Pub. L. 102-321, see section 3(1) of Pub. L. 102-
352, set out as a note under section 285n of this title.
    Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with provision 
for programs providing financial assistance, see section 801(c), (d) of 
Pub. L. 102-321, set out as a note under section 236 of this title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 
18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs 
Act note under section 301 of Title 38, Veterans' Benefits.


                    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 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.


               Continuation of Existing Advisory Councils

    Section 4004(b) of Pub. L. 99-570 provided that: ``The amendment 
made by subsection (a) [enacting this section and renumbering this 
section and section 290aa-5 of this title] does not terminate the 
membership of any advisory council for the National Institute on Alcohol 
Abuse and Alcoholism, the National Institute on Drug Abuse, or the 
National Institute of Mental Health which was in existence on the date 
of enactment of this Act [Oct. 27, 1986]. After such date--
        ``(1) the Secretary of Health and Human Services 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 section 505 [now 502] of the Public Health Service Act 
    [this section];
        ``(2) each advisory council shall organize itself in accordance 
    with such section and exercise the functions prescribed by such 
    section; and
        ``(3) the Director of each such institute shall perform for such 
    advisory council the functions prescribed by such section.''
