PURPOSE
The Secretary of Health and Human Services (Secretary) is mandated under Section 301 of the Public Health Service (PHS) Act, as amended (42 U.S.C. 241), to conduct, support, and encourage research studies, and related activities in the health fields. This mandate is fulfilled in part by the mechanism of research grants-in-aid awarded by the research institutes, centers and other authorized components of the National Institutes of Health (NIH). In addition, the Secretary is authorized under Section 487 of the PHS Act, as amended (42 U.S.C. 288), to support research training through National Research Service Awards. The National Advisory Dental and Craniofacial Research Council (Council) shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the National Institute of Dental and Craniofacial Research (NIDCR, also referred to as "Institute") on matters related to the activities carried out by and through the Institute and the policies respecting these activities.
AUTHORITY
42 U.S.C. 284a, Section 406 of the PHS Act, as amended. This Council is governed by the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), which sets forth standards for the formation and use of advisory committees.
FUNCTION
The Council shall advise the Secretary; the Assistant Secretary for Health; the Director, NIH; and the Director, NIDCR, on matters relating to the conduct and support of research, training, health information dissemination and other programs carried out, by and through the Institute.
The Council may recommend to the Secretary, in accordance with Section 231 of the PHS Act, as amended, acceptance of conditional gifts for study, investigation, or research respecting dental, oral and craniofacial diseases and conditions, for the acquisition of grounds, or for the construction, equipping, or maintenance of facilities for the Institute.
In addition, the Council may make recommendations on applications for grants and cooperative agreements for research and training and with respect to dental, oral and craniofacial diseases, and may recommend approval of applications for projects which show promise of making valuable contributions to human knowledge, may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Institute; may collect, by correspondence or by personal investigation, information as to studies which are being carried on in the United States or any other country, and, with the approval of the Director of the Institute, make available this information through appropriate publications for the benefit of public and private health entities, health professions personnel and scientists, and for the information of the general public.
The committee may implement procedures for expediting en bloc Council concurrence of Scientific Review Group recommendations. A member or members may be selected by the Executive Secretary or Chair to provide en bloc concurrence on behalf of the Council. Only those applications that do not require individual consideration shall be included in this expedited process. A report of the en bloc recommendations will be presented at each Council meeting.
The Council may seek advice from special consultants, assemble ad hoc working groups, appoint subcommittees and convene workshops and conferences.
STRUCTURE
The Council shall consist of 13 members appointed by the Secretary, and 5 nonvoting ex officio members: the Secretary; the Director, NIH; the Director, NIDCR; the Chief Dental Director of the Department of Veterans Affairs; and the Assistant Secretary of Defense for Health Affairs (or their designees); and any additional officers or employees of the United States as the Secretary determines necessary for the Council to effectively carry out its functions. Of the 13 appointed members, 9 shall be selected from among the leading representatives of the health and scientific disciplines (including not less than 2 individuals who are leaders in the fields of public health and the behavioral or social sciences) relevant to the activities of the Institute, particularly representatives of the health and scientific disciplines in the areas of the study, diagnosis, treatment or prevention of dental, oral and craniofacial diseases and conditions. Four of the members shall be appointed by the Secretary from the general public and shall include leaders in the fields of public policy, law, health policy, economics, and management. A quorum for the conduct of business by the full Council shall consist of a majority of currently appointed members. A quorum for each subcommittee shall be three members.
Members shall be invited to serve for overlapping four-year terms, except that any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. A member may serve up to 180 days after the expiration of that member's term if a successor has not taken office. Terms of more than two years are contingent upon the renewal of the Council's Charter by appropriate action prior to its expiration. A member who has been appointed for a term of four years may not be reappointed to a Council before two years from the date of expiration of that member’s term of office. If a vacancy occurs among the appointed members, the Secretary shall make an appointment to fill the vacancy within 90 days from the date the vacancy occurs.
The Chair of the Council shall be selected by the Secretary from among the appointed members, or the Secretary may select the Director, NIDCR, to be the Chair. The term of office of the Chair shall be two years.
As necessary, standing and ad hoc subcommittees, composed of members of the parent committee, may be established to perform functions within the Council's jurisdiction. The Department Committee Management Officer shall be notified upon the establishment of each standing subcommittee and shall be given information on its name, membership, function, and estimated frequency of meetings.
Upon approval by the Chair, the advice of the subcommittee shall be considered the advice of the Council.
A member of one subcommittee may serve as a voting member of other subcommittees when that member's expertise is required. However, that member shall not be counted in determining the presence of a quorum.
Management and support services shall be provided by the Office of the Director, NIDCR.
MEETINGS
Meetings shall be held not less than three times a year at the call of the Chair with the advance approval of a Government official or upon the request of the Director, NIDCR. A Government official shall approve the agenda and shall be present at all meetings of the full Council or of any subcommittee. The locations of the meetings are subject to the approval of the Director, NIDCR.
Meetings shall be open to the public except as determined otherwise by the Secretary. A notice of all meetings shall be given to the public.
Meetings shall be conducted and records of the proceedings kept, as required by applicable laws and Departmental policies.
COMPENSATION
Members shall be paid at the rate of $200 per day, plus per diem and travel expenses as authorized by Section 5703, Title 5 U.S.C., as amended, for persons in the Government service employed intermittently. Members who are full-time officers or employees of the United States shall not receive compensation for service on the Council.
ANNUAL COST ESTIMATE
Estimated annual cost for operating the Council, including compensation and travel expenses for members, but excluding staff support, is $116,753. Estimate of annual person-years of staff support required is 0.4 at an estimated annual cost of $43,323.
REPORTS
The Council may prepare, for inclusion in the Biennial Report prepared by the Director, NIH, under Section 403 of the PHS Act, as amended (1) comments regarding the activities of the Council in the fiscal years for which the report is prepared, (2) comments on the progress of the Institute in meeting its objectives, and (3) recommendations regarding the future directions and program and policy emphasis of the Institute. The Council may prepare any additional reports as it may determine appropriate.
In the event a portion of a meeting is closed to the public, a report shall be prepared which shall contain, as a minimum, a list of members and their business addresses, the committee’s functions, dates, and places of meetings, and a summary of committee activities and recommendations made during the fiscal year. A copy of the report shall be provided to the Department Committee Management Officer.
DURATION
Unless renewed by appropriate action prior to its expiration, the Charter for the National Advisory Dental and Craniofacial Research Council will expire on August 31, 2003.
APPROVED:
Date ____________________
Acting Director, NIH _____________________________
PROPOSED PLAN FOR APPROPRIATE BALANCE OF COMMITTEE MEMBERSHIP
The National Advisory Dental and Craniofacial Research Council shall consist of thirteen members, who are knowledgeable of the issues related to the Council's function. Nine members shall be selected from leading representatives of the health and scientific disciplines (including not less than two individuals who are leaders in the fields of public health and the behavioral or social sciences), relevant to the activities of the Institute, particularly representatives of the health and scientific disciplines in the areas of the study, diagnosis, treatment, or prevention of oral and dental diseases and conditions. Four members shall be selected from the general public and shall include leaders in the fields of public policy, law, health policy, economics and management.
The Department will give close attention to equitable geographic distribution and to ethnic and gender representation so long as the effectiveness of the Council is not impaired.
Appointments shall be made without discrimination on the basis of age, ethnicity, gender, sexual orientation, disability, or cultural, religious, or socioeconomic status.
NOTICE OF RECHARTERING OF THE NATIONAL ADVISORY DENTAL AND CRANIOFACIAL RESEARCH COUNCIL
This Council was established by statute and has functions which are of a continuing nature so that its duration is not governed by Section 14(a) of the Federal Advisory Committee Act but is otherwise provided for by law. The Council is hereby rechartered in accordance with Section 14(b)(2) of that Act.
Date ____________________
Acting Director, NIH ______________________________