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42 U.S.C. § 285c–4Advisory boards

submitted 82 years ago by Pub. L. 99-158 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,062 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must set up three advisory boards inside the Institute. They cover diabetes, digestive diseases, and kidney and urologic diseases. Each board has eighteen appointed members and federal ex officio members, meeting at least four times a year.

(a) Establishment: The Secretary must set up 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. The law calls each one an "Advisory Board." (b) Membership; ex officio members: Each Advisory Board has eighteen appointed members, plus ex officio members who don't vote. - The Secretary appoints twelve members who are scientists, physicians, or other health professionals. They can't be federal officers or employees, and they must represent specialties relevant to the board's diseases. - The Secretary appoints six more members from the public who know about these diseases. At least one must have the disease themselves, and at least one must be a parent of someone who has it. - Of all eighteen appointed members, at least five must be trained or experienced in health education, nursing, data systems, public information, or community program development. - Certain federal officials are automatic ex officio members: 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 CDC, the Under Secretary for Health at Veterans Affairs, the Assistant Secretary of Defense for Health Affairs, and the Division Director for the relevant diseases (or their designees). The Secretary can add other federal officers or employees as needed. - The National Diabetes Advisory Board also gets four more ex officio members: the Directors of the National Heart, Lung, and Blood Institute; the National Eye Institute; the Eunice Kennedy Shriver National Institute of Child Health and Human Development; and the Administrator of the Health Resources and Services Administration (or their designees). (c) Compensation: Members who are federal officers or employees serve for free — they don't get paid extra beyond their regular government salary. Other members can be paid, but not more than the daily rate for a GS-18 federal employee, including days spent traveling. (d) Term of office; vacancy: An appointed member serves a four-year term, but no term can run past the board's expiration date. Someone filling an unfinished term only serves the rest of that term. A member can keep serving after their term ends until a replacement is sworn in. If a seat becomes vacant, the Secretary must fill it within 90 days. (e) Chairman: The appointed members pick their own chairman. (f) Executive director; staff: After consulting the Board, the Secretary must give each Board an executive director and one more professional staff member. The Secretary must also provide any additional staff, consultants, information, and support services the Board needs to do its job. (g) Meetings: Each Board meets when its chairman calls a meeting, or when the Institute's Director asks for one — but at least four times a year. (h) Functions of the National Diabetes and National Digestive Diseases Advisory Boards: These two boards must: 1. Review how well the disease research plan (described in section 285c–7) is being carried out, and update the plan regularly. 2. Advise and recommend to Congress, the Secretary, the Director of NIH, the Institute's Director, and other federal agency heads on how to carry out and revise the plan, so resources are used well. 3. Stay in contact with other advisory groups working on the same diseases — at federal agencies, the coordinating committee, and key non-federal groups. (i) Subcommittees: Each Board may create subcommittees, hold workshops and conferences, and collect data. Subcommittees can include Board members and outside consultant experts, and can meet as often as needed. (j) Termination of predecessor boards: The old National Diabetes Advisory Board and National Digestive Diseases Advisory Board — the ones that existed on November 20, 1985 — end once their replacement boards under subsection (a) are appointed. The Secretary had 90 days after that date to appoint the new boards. Members of the old boards could be reappointed to the new ones under the same rules as subsections (b) and (d), but at least half of the old Diabetes board's members had to be reappointed to the first new Diabetes board.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

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) Membership; ex officio members

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.

Of the appointed members at least five shall by virtue of training or experience be knowledgeable in the fields of health education, nursing, data systems, public information, and community program development.

(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) Compensation

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) Term of office; vacancy

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) Chairman

The members of each Advisory Board shall select a chairman from among the appointed members.

(f) Executive director; professional and clerical staff; administrative support services and facilities

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) Meetings

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) Functions of National Diabetes Advisory Board and National Digestive Diseases Advisory Board

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) Subcommittees; establishment and membership

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) Termination of predecessor boards; time within which to appoint members

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).

Source credit: (July 1, 1944, ch. 373, title IV, § 430, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 844; amended Pub. L. 100–607, title I, § 131, Nov. 4, 1988, 102 Stat. 3056; Pub. L. 102–405, title III, § 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 102–531, title III, § 312(d)(6), Oct. 27, 1992, 106 Stat. 3504; Pub. L. 103–43, title XX, § 2008(b)(5), June 10, 1993, 107 Stat. 211; Pub. L. 105–362, title VI, § 601(a)(1)(C), Nov. 10, 1998, 112 Stat. 3285; Pub. L. 110–154, § 1(b)(6), Dec. 21, 2007, 121 Stat. 1827.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 99-158 · 99 Stat. 844
  • 1988Amended · Pub. L. 100-607 · 102 Stat. 3056
  • 1992Amended · Pub. L. 102-405 · 106 Stat. 1985
  • 1992Amended · Pub. L. 102-531 · 106 Stat. 3504
  • 1993Amended · Pub. L. 103-43 · 107 Stat. 211
  • 1998Amended · Pub. L. 105-362 · 112 Stat. 3285
  • 2007Amended · Pub. L. 110-154 · 121 Stat. 1827

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-158 on 1944-07-01.

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