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§285c–4 Advisory Boards

Title 42 › 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 › § 285c–4

Last updated Apr 5, 2026|Official source

Summary

The Secretary must create three advisory boards inside the Institute: the National Diabetes Advisory Board, the National Digestive Diseases Advisory Board, and the National Kidney and Urologic Diseases Advisory Board. Each Advisory Board is made up of 18 appointed members plus nonvoting federal members. Appointed members include 12 health professionals (scientists, doctors, or other health workers who are not federal employees) and 6 members of the public who know about the disease; at least one public member must be a person with the disease and at least one must be a parent of someone with the disease. Ex officio (nonvoting) members include certain federal health officials (for example, the Assistant Secretary for Health; the NIH Director; the NIDDK Director and Division Director for the relevant diseases; the CDC Director; the VA Under Secretary for Health; and the Assistant Secretary of Defense for Health Affairs) or their designees. For the Diabetes Board, the Directors of NHLBI, NEI, NICHD, and the HRSA Administrator (or their designees) are also ex officio members. Federal employee members get no extra pay. Other appointed members may be paid up to the daily equivalent of the GS–18 annual rate for each day (including travel) they work for the Board. Appointed members serve four-year terms, can stay on until a successor is named, and vacancies must be filled within 90 days. Boards pick a chair from the appointed members. The Secretary must provide an executive director and one other professional staff member after consulting the Board, and may provide more staff, consultants, information, and support as needed. Each Board must meet at least four times a year and may form subcommittees, hold workshops, and collect data. The Diabetes and Digestive Boards must review and update the relevant plan, advise federal leaders and Congress about implementing and improving the plan and use of resources, and work with other advisory groups and key nonfederal organizations. Boards existing on November 20, 1985, end when successor Boards are appointed; the Secretary had to appoint successors within 90 days after that date, and prior members could be reappointed, with at least half of the prior Diabetes Board reappointed.

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.