Authorized by 42 U.S.C. 217a, section 222 of the Public Health Service (PHS) Act, as amended. The Advisory Committee to the Director, National Institutes of Health (Committee) is governed by the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. §§ 1001-1014).
Objectives and Scope of Activities
The Committee will provide advice to the Secretary of Health and Human Services (Secretary), the Assistant Secretary for Health, and the Director, National Institutes of Health (NIH), on matters related to planning, execution, conduct, support and evaluation of biomedical research, medical science, and biomedical communications.
Description of Duties
The Committee makes recommendations concerning program development, resource allocation, NIH administrative regulation and policy, and other specific or general aspects of NIH policy. The Committee also reviews and makes recommendations on applications for grants and cooperative agreements for research and training for projects that show promise of making valuable contributions to human knowledge.
Agency or Official to Whom the Committee Reports
The Committee will advise, consult with, and make recommendations to the Secretary, the Assistant Secretary for Health, and the Director, NIH.
Support
Management and support services will be provided by the Office of the Director, NIH.
Estimated Annual Operating Costs and Staff Years
The estimated annual cost for operating the Committee, including compensation and travel expenses for members, but excluding staff support, is $159,167. The estimated annual person-years of staff support required is 0.3 at an estimated annual cost of $55,206.
Designated Federal Officer
The Director, NIH will assign a full-time or permanent part-time NIH employee as the Designated Federal Officer (DFO) of the Committee. In the event that the DFO cannot fulfill the assigned duties of the Committee, one or more full-time or permanent part-time NIH employees will be assigned as DFO and carry out these duties on a temporary basis. In carrying out these duties, the DFO will:
Ensure the Committee’s activities comply with the FACA, the FACA Final Rule, agency administrative procedures, and any other applicable laws and regulations;
Approve or call all of the Committee’s and subcommittees’ meetings;
Approve the agenda;
Attend all of the Committee’s and subcommittees’ meetings for their duration;
Fulfill the requirements under §10(b) of FACA (codified at 5 U.S.C. §1009(b));
Adjourn any meeting when the DFO determines it to be in the public interest;
Chair any meeting when so directed by the agency head;
Maintain information on Committee activities and provide such information to the public, as applicable; and
Ensure Committee and subcommittee members, as applicable, receive the appropriate training for efficient operation and compliance with the FACA and FACA Final Rule.
Estimated Number and Frequency of Meetings
The Committee will be held approximately three times within a fiscal year. Meetings will be open to the public except as determined by the Secretary at the request of the DFO in accordance with 5 U.S.C. 552b(c) and 41 C.F.R. 102-3.155 including specifying the specific exception(s) that justifies closure. Notice of all meetings will be given to the public. In the event a portion of a meeting is closed to the public, as determined by the Secretary, in accordance with the Government in the Sunshine Act (5 U.S.C. 552b(c)) and the Federal Advisory Committee Act, an annual report of closed or partially-closed meetings will be prepared which will contain, at a minimum, a list of members and their business addresses, the Committee’s functions, dates and places of meetings, and a summary of the Committee’s activities and recommendations made during the fiscal year.
Duration
The duration of the Committee is continuing, subject to the Termination section below.
Termination
Unless renewed by appropriate action, the Advisory Committee to the Director, NIH will terminate two years from the date the charter is filed.
Membership and Designation
The Committee will consist of the Secretary, or designee, as Chair, who will serve as a non-voting ex-officio member, and up to 20 members appointed by the Secretary (appointed members). The appointed members will consist of authorities who are knowledgeable in the fields of research pertinent to the NIH mission and individuals selected from the academic and private sector research community, as well as individuals selected from the general public. All appointed members must be eligible to serve as and will serve as Special Government Employees, as defined by 18 U.S.C. § 202. Appointed members will be invited to serve for overlapping four-year terms. An appointed member may serve after the expiration of that member’s term if a successor has not been appointed.
A quorum for the conduct of business by the full Committee will consist of a majority of currently appointed members.
Subcommittees
As necessary, subcommittees and ad hoc working groups may be established by the DFO within the Committee’s jurisdiction. The advice/recommendations of a subcommittee/working group must be deliberated by the parent advisory committee. A subcommittee/working group may not report directly to the agency or any Federal officer.
Subcommittee membership may be drawn in whole or in part from the parent advisory committee. All subcommittee members may vote on subcommittee actions and all subcommittee members count towards the quorum for a subcommittee meeting. Ad hoc consultants are not considered subcommittee members, do not count towards the quorum and may not vote. A quorum for a subcommittee will be three members. The Department Committee Management Officer will be notified upon establishment of each standing subcommittee and will be provided information on its name, membership, function, and estimated frequency of meetings.
Recordkeeping
Committee and subcommittee records will be handled in accordance with General Records Schedule 6.2, or other approved agency records disposition schedule.
These records will be available for public inspection and copying, subject to any applicable exemptions under the Freedom of Information Act, 5 U.S.C. 552(b) and 41 C.F.R. 102-3.170.
