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42 U.S.C. § 285m–4National Institute on Deafness and Other Communication Disorders Advisory Board

submitted 82 years ago by Pub. L. 100-553 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 860 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must create an 18-member Advisory Board for the Institute. Members include experts and people affected by communication disorders. The Board reviews the Institute's research plan and advises Congress and health officials.

(a) Establishment: The Secretary must create the National Deafness and Other Communication Disorders Advisory Board inside the Institute. (b) Composition: The Advisory Board has eighteen appointed members plus nonvoting ex officio members. (1) The Secretary appoints (A) twelve members who are scientists, physicians, or other health and rehabilitation professionals — not federal officers or employees — representing fields relevant to deafness and communication disorders, including at least two people who themselves have a communication disorder; and (B) six members from the general public who know about these disorders, including at least one person with a communication disorder and at least one parent of someone with one. Among all appointed members, at least five must be knowledgeable — through training or experience — in diagnosing and rehabilitating communication disorders, in educating people with hearing, speech, or language impairments, in public health, public information, community program building, workplace hazards to communication, or the aging process. (2) Ex officio members are: (A) the Assistant Secretary for Health, the Director of NIH, the Director of the Institute, the Director of the CDC, the Under Secretary for Health at Veterans Affairs, and the Assistant Secretary of Defense for Health Affairs (or their designees), and (B) any other federal officers or employees the Secretary decides the Board needs. (c) Compensation: Members who are federal officers or employees get no extra pay for Board service beyond their regular government salary. Other members can be paid, for each day (including travel time) doing Board work, at a rate no higher than the daily rate for a GS-18 federal employee. (d) Term of office: An appointed member serves four years, and no term can run past the Board's own expiration. A member appointed to fill an unexpired term serves only the rest of that term. A member may keep serving past their term until a successor is in place. If a seat opens up, the Secretary must fill it within 90 days. (e) Chairman: The appointed members choose a chairman from among themselves. (f) Personnel: After consulting the Board and considering its recommendations, the Secretary must give the Board an executive director and one more professional staff member, plus whatever other staff, consultants, information, and administrative support the Secretary decides the Board needs. (g) Meetings: The Board meets when the chairman calls a meeting or the Institute's Director asks for one, but at least four times a year. (h) Functions: The Board must (1) review how the plan required under section 285m–1(a) is being carried out, and regularly update that plan; (2) advise and make recommendations to Congress, the Secretary, the Director of NIH, the Director of the Institute, and other relevant federal agencies about carrying out and revising the plan; and (3) stay in touch with other advisory bodies and outside groups working on these issues. (i) Subcommittee activities: The Board may create subcommittees, hold workshops and conferences, and collect data. Subcommittees can include Board members plus outside consultants with relevant expertise. (j) This subsection has been repealed. (k) Commencement: The Board had to be up and running by April 1, 1989.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

The Secretary shall establish in the Institute the National Deafness and Other Communication Disorders Advisory Board (hereafter in this section referred to as the “Advisory Board”).

(b) Composition; qualifications; appointed and ex officio members

The 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 and rehabilitation professionals, who are not officers or employees of the United States, and who represent the specialties and disciplines relevant to deafness and other communication disorders, including not less than two persons with a communication disorder; and

(B)

six members from the general public who are knowledgeable with respect to such disorders, including not less than one person with a communication disorder and not less than one person who is a parent of an individual with such a disorder.

Of the appointed members, not less than five shall by virtue of training or experience be knowledgeable in diagnoses and rehabilitation of communication disorders, education of the hearing, speech, or language impaired, public health, public information, community program development, occupational hazards to communications senses, or the aging process.

(2)

The following shall be ex officio members of each Advisory Board:

(A)

The Assistant Secretary for Health, the Director of NIH, the Director of the National Institute on Deafness and Other Communication Disorders, the Director of the Centers for Disease Control and Prevention, the Under Secretary for Health of the Department of Veterans Affairs, and the Assistant Secretary of Defense for Health Affairs (or the designees of such officers).

(B)

Such other officers and employees of the United States as the Secretary determines necessary for the Advisory Board to carry out its functions.

(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; vacancies

The term of office of an appointed member of the 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 the 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 the Advisory Board shall select a chairman from among the appointed members.

(f) Personnel; executive director; professional and clerical staff members; consultants; information and administrative support services and facilities

The Secretary shall, after consultation with and consideration of the recommendations of the 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

The 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

The Advisory Board shall—

(1)

review and evaluate the implementation of the plan prepared under section 285m–1(a) of this title 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 deafness and other communication disorders, 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 and with key non-Federal entities involved in activities affecting the control of such disorders.

(i) Subcommittee activities; workshops and conferences; collection of data

In carrying out its functions, the 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) Repealed. Pub. L. 109–482, title I, § 104(b)(1)(J), Jan. 15, 2007, 120 Stat. 3693

(k) Commencement of existence

The National Deafness and Other Communication Disorders Advisory Board shall be established not later than April 1, 1989.

Source credit: (July 1, 1944, ch. 373, title IV, § 464D, as added Pub. L. 100–553, § 2(4), Oct. 28, 1988, 102 Stat. 2772, and Pub. L. 100–690, title II, § 2613(a)(1), Nov. 18, 1988, 102 Stat. 4235; amended Pub. L. 100–690, title II, § 2613(b)(2), Nov. 18, 1988, 102 Stat. 4238; Pub. L. 101–93, § 5(b), Aug. 16, 1989, 103 Stat. 611; Pub. L. 102–405, title III, § 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 102–531, title III, § 312(d)(8), Oct. 27, 1992, 106 Stat. 3504; Pub. L. 103–43, title XX, § 2008(b)(8), June 10, 1993, 107 Stat. 211; Pub. L. 109–482, title I, § 104(b)(1)(J), Jan. 15, 2007, 120 Stat. 3693.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 100-553 · 102 Stat. 2772
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4238
  • 1989Amended · Pub. L. 101-93 · 103 Stat. 611
  • 1992Amended · Pub. L. 102-405 · 106 Stat. 1985
  • 1992Amended · Pub. L. 102-531 · 106 Stat. 3504
  • 1993Amended · Pub. L. 103-43 · 107 Stat. 211
  • 2007Amended · Pub. L. 109-482 · 120 Stat. 3693

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-553 on 1944-07-01.

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