NAC Charter and Legislation

Charter Amendment

National Advisory Council on the National Health Service Corps

Authority

The National Advisory Council on the National Health Service Corps was established under 42 USC 254j (section 337 of the Public Health Service Act), as amended by Section 10501 of the Affordable Care Act.  The Council is governed by provisions of Public Law 92-463 (5 USC App.2) which sets forth standards for the formation and use of advisory committees.

Objectives and Scope of Activities

The Secretary and by delegation the Administrator, Health Resources and Services Administration, are authorized under Subpart II, Part D of Title III of the Public Health Service Act (42 USC 254d – 254k), as amended, to designate areas of the United States with health professional shortages and assign National Health Service Corps clinicians to improve the delivery of health services in health professional shortage areas.

Description of Duties

The National Advisory Council on the National Health Service Corps shall consult with, advise, and make recommendations to the Secretary and the Administrator, Health Resources and Services Administration, with respect to their responsibilities under Subpart II, Part D of Title III of the Public Health Service Act, as amended (National Health Service Corps and Health Professional Shortage Area Designations), and shall review and comment upon regulations promulgated by the Secretary under Subpart II.

Agency or Official to Whom Committee Reports

The National Advisory Council on the National Health Service Corps reports to the Secretary of the Department of Health and Human Services.

Support

Management and support services shall be provided by the Bureau of Clinician Recruitment and Services, HRSA.

Estimated Annual Operating Costs and Staff Years

Estimated annual cost for operating the Council, including compensation and travel expenses for members but excluding staff support, is $129,884.  Estimated annual person-years of staff support required is 0.25 FTE, at an estimated annual cost of $44, 179.

Designated Federal Officer

HRSA will select a full-time or permanent part-time Federal employee to serve as the Designated Federal Officer (DFO) to attend each Council meeting and ensure that all procedures are within applicable statutory, regulatory, and HHS General Administration Manual directives. The DFO will approve and call all of the advisory committee’s meetings, approve all meeting agendas, adjourn any meeting when the DFO determines adjournment to be in the public interest, and chair meetings when directed to do so by the official to whom the committee reports.

Estimated Number and Frequency of Meetings

Meetings shall be held up to four times per year at the call of the DFO or designee. Meetings shall be open to the public except as determined otherwise by the Secretary or designee in accordance with the Government in the Sunshine Act 5 U.S.C. 552b(c) and the Federal Advisory Committee Act. 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 regulations.

Duration

Continuing.

Termination

This National Advisory Council on the National Health Service Corps is exempt from Section 14 of the Federal Advisory Committee Act, as stated in section 337(c) of the Public Health Service Act.  This charter will remain in effect until amended or section 337 of the Public Health Service Act is repealed by law.

Membership and Designation

The Council shall consist of approximately 15 members including the Chair.  All members are Special Government Employees (SGEs).  Members shall be selected by the Secretary, and the Chair shall also be designated by the Secretary.  Members are required to be knowledgeable of the issues related to the Committee’s functions.  They are selected from the primary care field, with specific emphasis on the recruitment and retention of providers to underserved areas. Members shall be appointed for a term of 3 years except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term.  Members may be reappointed to the Council.

Subcommittees

Subcommittees may be established with the approval of the Secretary or designee. Subcommittee members may be members of the parent Council. The subcommittee shall make recommendations to be deliberated by the parent Council. The Department's Committee Management Officer will be notified upon the establishment of the each subcommittee and will be provided information on the subcommittee's name, membership, function, and estimated frequency of meetings.

Recordkeeping

The records of the Council, established subcommittees, or other subgroups of the Council shall be handled in accordance with General Records Schedule 26, Item 2 or other approved agency records disposition schedule. These records shall be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552.

Approved:

9/23/2010
Wendy B. Ponton
Director, Office of Management

Legislation

§ 254j. National Advisory Council on National Health Service Corps

(a) Establishment; appointment of members

There is established a council to be known as the National Advisory Council on the National Health Service Corps (hereinafter in this section referred to as the "Council"). The Council shall be composed of not more than 15 members appointed by the Secretary. The Council shall consult with, advise, and make recommendations to, the Secretary with respect to his responsibilities in carrying out this subpart (other than section 254r of this title), and shall review and comment upon regulations promulgated by the Secretary under this subpart.

(b) Term of members; compensation; expenses

(1) Members of the Council shall be appointed for a term of three years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of such term. No member shall be removed, except for cause.

(2) Members of the Council (other than members who are officers or employees of the United States), while attending meetings or conferences thereof or otherwise serving on the business of the Council, shall be entitled to receive for each day (including travel time) in which they are so serving compensation at a rate fixed by the Secretary (but not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS_18 of the General Schedule); and while so serving away from their homes or regular places of business all members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of Title 5 for persons in the Government Service employed intermittently.

(c) Termination

Section 14 of the Federal Advisory Committee Act shall not apply with respect to the Council.