Pub. L. 100-690, tit. II, subtit. G, ch. 2, sec. 2613
AMENDMENTS TO TITLE IV.
SEC. 2613. AMENDMENTS TO TITLE IV. (a) National Institute on Deafness and Other Communication Disorders.— (1) Subpart 13 of part C of title IV, as added by section 101(4) of the Health Omnibus Programs Extension of 1988, is amended by adding at the end the following new sections: “national institute on deafness and other communication disorders advisory board“Sec. 464D. (a) The Secretary shall establish in the Institute the National Deafness and Other (Communications Disorders Advisory Board (hereafter in this section referred to as the ‘Advisory Board’). “(b) 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 hear-102 STAT. 4236ing, 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, the Chief Medical Director of the Veterans’ Administration, 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) 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) 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) The members of the Advisory Board shall select a chairman from among the appointed members. “(f) 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) 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) The Advisory Board shall— “(1) review and evaluate the implementation of the plan prepared under section 464A(a) 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 102 STAT. 4237 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) 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) The Advisory Board shall prepare an annual report for the Secretary which— “(1) describes the Advisory Board’s activities in the fiscal year for which the report is made; “(2) describes and evaluates the progress made in such fiscal year in research, treatment, education, and training with respect to the deafness and other communication disorders; “(3) summarizes and analyzes expenditures made by the Federal Government for activities respecting such disorders in such fiscal year; and “(4) contains the Advisory Board’s recommendations (if any) for changes in the plan prepared under section 464A(a). “(k) The National Deafness and Other Communication Disorders Advisory Board shall be established not later than 90 days after the date of the enactment of the National Institute on Deafness and Other Communication Disorders and Health Research Extension Act of 1988. interagency coordinating committee“Sec. 464E. (a) The Secretary may establish a committee to be known as the Deafness and Other Communication Disorders Interagency Coordinating Committee (hereafter in this section referred to as the ‘Coordinating Committee’). “(b) The Coordinating Committee shall, with respect to deafness and other communication disorders— “(1) provide for the coordination of the activities of the national research institutes; and “(2) coordinate the aspects of all Federal health programs and activities relating to deafness and other communication disorders in order to assure the adequacy and technical soundness of such programs and activities and in order to provide for the full communication and exchange of information necessary to maintain adequate coordination of such programs and activities. “(c) The Coordinating Committee shall be composed of the directors of each of the national research institutes and divisions involved in research with respect to deafness and other communication disorders and representatives of all other Federal departments and agencies whose programs involve health functions or responsibilities relevant to deafness and other communication disorders. “(d) The Committee shall be chaired by the Director of NIH (or the designee of the Director). The Committee shall meet at the call of the chair, but not less often than four times a year. 102 STAT. 4238 “(e) Not later than 120 days after the end of each fiscal year, the Committee shall prepare and transmit to the Secretary, the Director of NIH, the Director of the Institute, and the advisory council for the Institute a report detailing the activities of the Committee in such fiscal year in carrying out subsection (b). “limitation on administrative expenses“Sec. 464F. With respect to amounts appropriated for a fiscal year for the National Institutes of Health, the limitation established in section 408(b)(1) on the expenditure of such amounts for administrative expenses shall apply to administrative expenses of the National Institute on Deafness and Other Communication Disorders.”. (2)(A) Personnel employed by the National Institutes of “Health in connection with the functions vested under paragraph 1, and under section 101(4) of the Health Omnibus Programs Extension of 1988, in the Director of the National Institute on Deafness and Other Communication Disorders, and assets, property, contracts, liabilities, records, unexpended balances of appropriations, authorizations, allocations, and other funds of the National Institutes of Health, arising from or employed, held, used, available to, or to be made available, in connection with such functions shall be transferred to the Director for appropriate allocation. Unexpended funds transferred under this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. (B) With respect to functions vested under paragraph 1, and under section 101(4) of the Health Omnibus Programs Extension of 1988, in the Director of the National Institute on Deafness and Other Communication Disorders, all orders, rules, regulations, grants, contracts, certificates, licenses, privileges, and other determinations, actions, or official documents, that have been issued, made, granted, or allowed to become effective, and that are effective on the date of the enactment of this Act, shall continue in effect according to their terms unless changed pursuant to law. (b) Effect of Enactment of Similar Provisions Establishing National Institute on Deafness and Other Communication Disorders.— (1) Paragraphs (2) and (3) shall take effect immediately after the enactment of both the bill, S. 1727, of the One Hundredth Congress, and the Health Omnibus Programs Extension of 1988. (2)(A) The provisions of the Public Health Service Act referred to in subparagraph (B), as similarly amended by the enactment of the bill, S. 1727, of the One Hundredth Congress, by subtitle A of title I of the Health Omnibus Programs Extension of 1988, and by subsection (a)(1) of this section, are amended to read as if the amendments made by such subtitle A and such subsection (a)(1) had not been enacted. (B) The provisions of the Public Health Service Act referred to in subparagraph (A) are— (A) sections 401(b)(1) and 457; (B) part C of title IV; and (C) the heading for subpart 10 of such part C. (3) Subsection (a)(2) of this section is repealed. 102 STAT. 4239 (c) Section 405.—Section 405(c)(3) (42 U.S.C. 284(c)(3)), as amended by section 116(2)(A) of the Health Omnibus Programs Extension of 1988, is amended— (1) by inserting “and appoint” after “establish”; and (2) by inserting “and appointed” after “established”. (d) Section 408.—Section 408(a)(2)(B) (42 U.S.C. 284(c)), as amended by section 118(a) of the Health Omnibus Programs Extension of 1988, is amended by inserting a comma after “419”.