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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 6A. PUBLIC HEALTH SERVICE |
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SubChapter III–A. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION |
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Part A. Organization and General Authorities |
§ 290aa–1. Advisory councils
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(a) Appointment (1) In general The Secretary shall appoint an advisory council for— (A) the Substance Abuse and Mental Health Services Administration; (B) the Center for Substance Abuse Treatment; (C) the Center for Substance Abuse Prevention; and (D) the Center for Mental Health Services. Each such advisory council shall advise, consult with, and make recommendations to the Secretary and the Administrator or Director of the Administration or Center for which the advisory council is established concerning matters relating to the activities carried out by and through the Administration or Center and the policies respecting such activities. (2) Function and activities An advisory council— (A) (i) may on the basis of the materials provided by the organization respecting activities conducted at the organization, make recommendations to the Administrator or Director of the Administration or Center for which it was established respecting such activities; (ii) shall review applications submitted for grants and cooperative agreements for activities for which advisory council approval is required under section 290aa–3(d)(2) of this title and recommend for approval applications for projects that show promise of making valuable contributions to the Administration’s mission; and (iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the organization; (B) may collect, by correspondence or by personal investigation, information as to studies and services that 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 organization was established and with the approval of the Administrator or Director, whichever is appropriate, make such information available through appropriate publications for the benefit of public and private health entities and health professions personnel and for the information of the general public; and (C) may appoint subcommittees and convene workshops and conferences. (b) Membership (1) In general Each advisory council shall consist of nonvoting ex officio members and not more than 12 members to be appointed by the Secretary under paragraph (3).
(2) Ex officio members The ex officio members of an advisory council shall consist of— (A) the Secretary; (B) the Administrator; (C) the Director of the Center for which the council is established; (D) the Under Secretary for Health of the Department of Veterans Affairs; (E) the Assistant Secretary for Defense for Health Affairs (or the designates of such officers); and (F) 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) Appointed members Individuals shall be appointed to an advisory council under paragraph (1) as follows: (A) Nine of the members shall be appointed by the Secretary from among the leading representatives of the health disciplines (including public health and behavioral and social sciences) relevant to the activities of the Administration or Center for which the advisory council is established. (B) Three of the members shall be appointed by the Secretary from the general public and shall include leaders in fields of public policy, public relations, law, health policy economics, or management. (4) Compensation Members of an advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members of an advisory council shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent to the annual rate in effect for grade GS–18 of the General Schedule.
(c) Terms of office (1) In general The term of office of a member of an advisory council appointed under subsection (b) of this section shall be 4 years, except that any member appointed to fill a vacancy for an unexpired term shall serve for the remainder of such term. The Secretary shall make appointments to an advisory council in such a manner as to ensure that the terms of the members not all expire in the same year. A member of an advisory council may serve after the expiration of such member’s term until a successor has been appointed and taken office.
(2) Reappointments A member who has been appointed to an advisory council for a term of 4 years may not be reappointed to an advisory council during the 2-year period beginning on the date on which such 4-year term expired.
(3) Time for appointment If a vacancy occurs in an advisory council among the members under subsection (b) of this section, the Secretary shall make an appointment to fill such vacancy within 90 days from the date the vacancy occurs.
(d) Chair The Secretary shall select a member of an advisory council to serve as the chair of the council. The Secretary may so select an individual from among the appointed members, or may select the Administrator or the Director of the Center involved. The term of office of the chair shall be 2 years.
(e) Meetings An advisory council shall meet at the call of the chairperson or upon the request of the Administrator or Director of the Administration or Center for which the advisory council is established, but in no event less than 2 times during each fiscal year. The location of the meetings of each advisory council shall be subject to the approval of the Administrator or Director of Administration or Center for which the council was established.
(f) Executive Secretary and staff The Administrator or Director of the Administration or Center for which the advisory council is established shall designate a member of the staff of the Administration or Center for which the advisory council is established to serve as the Executive Secretary of the advisory council. The Administrator or Director shall make available to the advisory council such staff, information, and other assistance as it may require to carry out its functions. The Administrator or Director shall provide orientation and training for new members of the advisory council to provide for their effective participation in the functions of the advisory council.
Codification
Section was formerly classified to section 290aa–3a of this title prior to renumbering by Pub. L. 102–321.
Prior Provisions
A prior section 290aa–1, act July 1, 1944, ch. 373, title V, § 502, formerly Pub. L. 91–616, title I, § 101,
A prior section 502 of act
Amendments
2000—Subsec. (e). Pub. L. 106–310 substituted “2 times during each fiscal year” for “3 times during each fiscal year”.
1994—Subsec. (b)(2)(D). Pub. L. 103–446 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “the Chief Medical Director of the Veterans Administration; and”.
1992—Pub. L. 102–352 substituted “or management” for “and management” in subsec. (b)(3)(B).
Pub. L. 102–321 amended section generally, substituting provisions relating to appointment of advisory councils to Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment, Center for Substance Abuse Prevention, and Center for Mental Health Services for provisions appointing advisory councils for National Institute on Alcohol Abuse and Alcoholism, National Institute on Drug Abuse, and National Institute of Mental Health.
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.
1988—Subsec. (b)(2)(A). Pub. L. 100–527 substituted “Chief Medical Director of the Department of Veterans Affairs” for “Chief Medical Director of the Veterans’ Administration”.
Effective Date Of Amendment
Amendment by Pub. L. 102–352 effective immediately upon effectuation of amendment made by Pub. L. 102–321, see section 3(1) of Pub. L. 102–352, set out as a note under section 285n of this title.
Amendment by Pub. L. 102–321 effective
Amendment by Pub. L. 100–527 effective
Miscellaneous
Advisory councils established after
Pub. L. 93–641, § 6,
References 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.
Pub. L. 99–570, title IV, § 4004(b),