§285c–4 — Title 42 The Public Health and Welfare | U.S. Code

§285c–4 Advisory boards

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER III— - NATIONAL RESEARCH INSTITUTES › Part Part C— - Specific Provisions Respecting National Research Institutes › Subpart subpart 3— - national institute of diabetes and digestive and kidney diseases › § 285c–4

Last updated Apr 6, 2026|Official source

Summary

Creates three national advisory boards inside the Institute for diabetes, digestive diseases, and kidney and urologic diseases. Each board has 18 appointed members plus nonvoting federal officials. The Secretary must pick 12 health professionals who are not federal employees and 6 public members who know about the disease area, including at least one person with the disease and one parent of a person with the disease. Nonvoting federal members include specific health agency leaders (or their designees) and any other officers the Secretary decides are needed. The diabetes board also includes extra agency directors named in the law. Appointed members serve four-year terms and a member may stay until a successor is chosen. If a vacancy happens, the Secretary must fill it within 90 days. Federal employees on the boards get no extra pay. Other members may be paid up to the daily equivalent of the GS–18 annual rate for each day of work, including travel. The members pick a chair from the appointed members. After consulting the board, the Secretary must provide an executive director, at least one other staff person, and any other staff, consultants, information, and support needed. Each board meets when the chair or the Institute Director calls a meeting, but at least four times a year. The diabetes and digestive boards must review and update the implementation plan for their diseases, advise Congress and federal leaders about using resources and revising the plan, and stay in contact with other federal and key nonfederal groups. Boards may form subcommittees, hold workshops or conferences, and collect data. Boards that existed on November 20, 1985, ended when successors were appointed; new appointments had to be made within 90 days after that date, and at least one-half of the old diabetes board had to be appointed to the new diabetes board.

Title 42, §285c–4

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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.

(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 Eunice Kennedy Shriver 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)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)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)The members of each Advisory Board shall select a chairman from among the appointed members.

(f)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)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)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)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)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). The Secretary shall make appointments to the Advisory Boards established under subsection (a) 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), to the Boards established under subsection (a) 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).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2007—Subsec. (b)(2)(B). Pub. L. 110–154 substituted “Eunice Kennedy Shriver National Institute of Child Health and Human Development” for “National Institute of Child Health and Human Development”. 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.”

Statutory Notes and Related Subsidiaries

Termination of Advisory BoardsAdvisory 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 section 1001(2) and 1013 of Title 5, Government Organization and Employees. Pub. L. 93–641, § 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 RatesReferences 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.