42 U.S.C. § 285q–2: Advisory council

Summary

The Secretary must create an advisory council to help and advise the Institute’s Director and the Secretary about the Institute’s work and policies. The council can suggest accepting conditional gifts under section 238, advise on research priorities, review grant and cooperative agreement applications and proposed contracts, gather and share information about relevant studies (with the Director’s approval), and form subcommittees or hold workshops and conferences. The council has automatic (ex officio) members: 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 their designees), plus any other federal officers the Secretary thinks are needed. In addition, there may be up to eighteen appointed members. Two-thirds of appointed members must come from health and science fields (including public health and social or behavioral sciences), and at least seven of those must be professional nurses expert in practice, education, or research. One-third must come from the general public and include leaders in public policy, law, health policy, economics, or management. Appointed members serve four-year terms, cannot be reappointed until two years after a term ends, and vacancies must be filled within 90 days. Federal employees on the council get no extra pay; other members may be paid up to the daily equivalent of the GS–18 rate for each day worked, including travel. The Secretary picks the chair (or may name the Institute Director) for a two-year term. The council must meet at least three times each fiscal year. The Institute Director names an executive secretary, provides staff and training for new members, and the council may add comments and recommendations for the triennial report under section 283 and write other reports as needed.

Title 42, §285q–2

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

(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 triennial report made under section 283 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.

Notes & Related Subsidiaries

Editorial Notes

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

Amendments

2016—Subsec. (g). Pub. L. 114–255 substituted “triennial report made under section 283 of this title” for “biennial report made under section 285q–3 of this title,”. 1993—Subsec. (a). Pub. L. 103–43, § 1511(a)(3)(A), substituted “Institute” for “Center” wherever appearing. Subsec. (a)(2). Pub. L. 103–43, § 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, § 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, §§ 1511(a)(3)(B)(i), substituted “Institute” for “Center”. Subsec. (b)(3)(A). Pub. L. 103–43, § 1511(a)(3)(B)(ii), substituted “Institute” for “Center”. Subsecs. (d) to (f). Pub. L. 103–43, § 1511(a)(3)(C), substituted “Institute” for “Center” wherever appearing. Subsec. (g). Pub. L. 103–43, § 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.

Statutory Notes and Related Subsidiaries

Termination of Advisory CouncilsAdvisory 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 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.

§285q–2 Advisory Council