---
kind: "section"
citation: "42 U.S.C. § 290aa–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "290aa–1"
heading: "Advisory councils"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/290aa-1"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III–A — Substance Abuse and Mental Health Services Administration"
  - "Part A — Organization and General Authorities"
---

# §290aa–1. Advisory councils

- (a) **Appointment—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) shall appoint an [advisory council](/usc/42/274l–1.md?p=1) for—
    - (A) the Substance Abuse and Mental Health [Services](/usc/42/201.md?p=a) Administration;
    - (B) the Center for Substance Abuse [Treatment](/usc/42/11851.md?p=11);
    - (C) the Center for Substance Abuse Prevention; and
    - (D) the Center for Mental Health [Services](/usc/42/201.md?p=a).

    Each such [advisory council](/usc/42/274l–1.md?p=1) shall advise, consult with, and make recommendations to the [Secretary](/usc/42/201.md?p=c) and the Assistant [Secretary](/usc/42/201.md?p=c) or [Director](/usc/42/11851.md?p=5) of the Administration or Center for which the [advisory council](/usc/42/274l–1.md?p=1) 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](/usc/42/274l–1.md?p=1)—
    - (A)
      - (i) may on the basis of the materials provided by the organization respecting activities conducted at the organization, make recommendations to the Assistant [Secretary](/usc/42/201.md?p=c) or [Director](/usc/42/11851.md?p=5) 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](/usc/42/274l–1.md?p=1) approval is required under [section 290aa–3(d)(2) of this title](/usc/42/290aa–3.md) and recommend for approval applications for [projects](/usc/42/13641.md?p=2) 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](/usc/42/201.md?p=a) 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 Assistant [Secretary](/usc/42/201.md?p=c) or [Director](/usc/42/11851.md?p=5), 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](/usc/42/274l–1.md?p=1) shall consist of nonvoting ex officio members and not more than 12 members to be appointed by the [Secretary](/usc/42/201.md?p=c) under [paragraph (3)](#b-3).
  - (2) **Ex officio members—** The ex officio members of an [advisory council](/usc/42/274l–1.md?p=1) shall consist of—
    - (A) the [Secretary](/usc/42/201.md?p=c);
    - (B) the Assistant [Secretary](/usc/42/201.md?p=c);
    - (C) the [Director](/usc/42/11851.md?p=5) of the Center for which the council is established;
    - (D) the Under [Secretary](/usc/42/201.md?p=c) for Health of the Department of Veterans Affairs;
    - (E) the Assistant [Secretary](/usc/42/201.md?p=c) for Defense for Health Affairs (or the designates of such officers);
    - (F) the Chief Medical Officer, appointed under [section 290aa(g) of this title](/usc/42/290aa.md?p=g);
    - (G) the [Director](/usc/42/11851.md?p=5) of the National Institute of Mental Health for the [advisory councils](/usc/42/274l–1.md?p=1) appointed under subsections [(a)(1)(A)](#a-1-A) and [(a)(1)(D)](#a-1-D);
    - (H) the [Director](/usc/42/11851.md?p=5) of the National Institute on [Drug](/usc/42/11851.md?p=4) Abuse for the [advisory councils](/usc/42/274l–1.md?p=1) appointed under subsections [(a)(1)(A)](#a-1-A), [(a)(1)(B)](#a-1-B), and [(a)(1)(C)](#a-1-C);
    - (I) the [Director](/usc/42/11851.md?p=5) of the National Institute on Alcohol Abuse and Alcoholism for the [advisory councils](/usc/42/274l–1.md?p=1) appointed under subsections [(a)(1)(A)](#a-1-A), [(a)(1)(B)](#a-1-B), and [(a)(1)(C)](#a-1-C); and
    - (J) such additional officers or [employees](/usc/42/300gg–91.md?p=d-5) of the United States as the [Secretary](/usc/42/201.md?p=c) determines necessary for the [advisory council](/usc/42/274l–1.md?p=1) to effectively carry out its functions.
  - (3) **Appointed members—** Individuals shall be appointed to an [advisory council](/usc/42/274l–1.md?p=1) under [paragraph (1)](#b-1) as follows:
    - (A) Nine of the members shall be appointed by the [Secretary](/usc/42/201.md?p=c) 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](/usc/42/274l–1.md?p=1) is established.
    - (B) Three of the members shall be appointed by the [Secretary](/usc/42/201.md?p=c) from the general public and shall include leaders in fields of public policy, public relations, law, health policy economics, or management.
    - (C) Not less than half of the members of the [advisory council](/usc/42/274l–1.md?p=1) appointed under [subsection (a)(1)(D)](#a-1-D)—
      - (i) shall—
        - (I) have a medical degree;
        - (II) have a doctoral degree in psychology; or
        - (III) have an advanced degree in nursing or social work from an accredited graduate [school](/usc/42/300j–21.md?p=6) or be a certified physician assistant; and
      - (ii) shall specialize in the mental health field.
    - (D) Not less than half of the members of the [advisory councils](/usc/42/274l–1.md?p=1) appointed under subsections [(a)(1)(B)](#a-1-B) and [(a)(1)(C)](#a-1-C)—
      - (i) shall—
        - (I) have a medical degree;
        - (II) have a doctoral degree; or
        - (III) have an advanced degree in nursing, public health, behavioral or social sciences, or social work from an accredited graduate [school](/usc/42/300j–21.md?p=6) or be a certified physician assistant; and
      - (ii) shall have experience in the provision of [substance use disorder services](/usc/42/290cc–34.md?p=4) or the development and implementation of [programs](/usc/42/274l–1.md?p=4) to prevent substance misuse.
  - (4) **Compensation—** Members of an [advisory council](/usc/42/274l–1.md?p=1) who are officers or [employees](/usc/42/300gg–91.md?p=d-5) of the United States shall not receive any compensation for [service](/usc/42/201.md?p=a) on the [advisory council](/usc/42/274l–1.md?p=1). The remaining members of an [advisory council](/usc/42/274l–1.md?p=1) shall receive, for each day (including travel time) they are engaged in the performance of the functions of the [advisory council](/usc/42/274l–1.md?p=1), 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](/usc/42/274l–1.md?p=1) appointed under [subsection (b)](#b) 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](/usc/42/201.md?p=c) shall make appointments to an [advisory council](/usc/42/274l–1.md?p=1) 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](/usc/42/274l–1.md?p=1) 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](/usc/42/274l–1.md?p=1) for a term of 4 years may not be reappointed to an [advisory council](/usc/42/274l–1.md?p=1) 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](/usc/42/274l–1.md?p=1) among the members under [subsection (b)](#b), the [Secretary](/usc/42/201.md?p=c) shall make an appointment to fill such vacancy within 90 days from the date the vacancy occurs.
- (d) **Chair—** The [Secretary](/usc/42/201.md?p=c) shall select a member of an [advisory council](/usc/42/274l–1.md?p=1) to serve as the chair of the council. The [Secretary](/usc/42/201.md?p=c) may so select an individual from among the appointed members, or may select the Assistant [Secretary](/usc/42/201.md?p=c) or the [Director](/usc/42/11851.md?p=5) of the Center involved. The term of office of the chair shall be 2 years.
- (e) **Meetings—** An [advisory council](/usc/42/274l–1.md?p=1) shall meet at the call of the chairperson or upon the request of the Assistant [Secretary](/usc/42/201.md?p=c) or [Director](/usc/42/11851.md?p=5) of the Administration or Center for which the [advisory council](/usc/42/274l–1.md?p=1) is established, but in no event less than 2 times during each fiscal year. The location of the meetings of each [advisory council](/usc/42/274l–1.md?p=1) shall be subject to the approval of the Assistant [Secretary](/usc/42/201.md?p=c) or [Director](/usc/42/11851.md?p=5) of Administration or Center for which the council was established.
- (f) **Executive Secretary and staff—** The Assistant [Secretary](/usc/42/201.md?p=c) or [Director](/usc/42/11851.md?p=5) of the Administration or Center for which the [advisory council](/usc/42/274l–1.md?p=1) is established shall designate a member of the staff of the Administration or Center for which the [advisory council](/usc/42/274l–1.md?p=1) is established to serve as the Executive [Secretary](/usc/42/201.md?p=c) of the [advisory council](/usc/42/274l–1.md?p=1). The Assistant [Secretary](/usc/42/201.md?p=c) or [Director](/usc/42/11851.md?p=5) shall make available to the [advisory council](/usc/42/274l–1.md?p=1) such staff, information, and other assistance as it may require to carry out its functions. The Assistant [Secretary](/usc/42/201.md?p=c) or [Director](/usc/42/11851.md?p=5) shall provide orientation and training for new members of the [advisory council](/usc/42/274l–1.md?p=1) to provide for their effective participation in the functions of the [advisory council](/usc/42/274l–1.md?p=1).

## Source credit

(July 1, 1944, ch. 373, title V, § 502, formerly § 505, as added Pub. L. 99–570, title IV, § 4004(a), Oct. 27, 1986, 100 Stat. 3207–109; amended Pub. L. 100–527, § 10(4), Oct. 25, 1988, 102 Stat. 2641; Pub. L. 101–381, title I, § 102(6), Aug. 18, 1990, 104 Stat. 586; renumbered § 502 and amended Pub. L. 102–321, title I, § 102, July 10, 1992, 106 Stat. 331; Pub. L. 102–352, § 2(a)(6), Aug. 26, 1992, 106 Stat. 938; Pub. L. 103–446, title XII, § 1203(a)(1), Nov. 2, 1994, 108 Stat. 4689; Pub. L. 106–310, div. B, title XXXIV, § 3402, Oct. 17, 2000, 114 Stat. 1219; Pub. L. 114–255, div. B, title VI, §§ 6001(c)(2), 6008, Dec. 13, 2016, 130 Stat. 1203, 1214.)

## Notes

### Editorial Notes

### 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, Dec. 31, 1970, 84 Stat. 1848, as amended Pub. L. 93–282, title II, § 203(a), May 14, 1974, 88 Stat. 135; Pub. L. 96–180, § 3, Jan. 2, 1980, 93 Stat. 1302; Pub. L. 97–35, title IX, § 966(a), Aug. 13, 1981, 95 Stat. 595; renumbered § 502 of act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98–24, § 2(b)(3), 97 Stat. 177; Oct. 19, 1984, Pub. L. 98–509, title II, § 205(b)(2), 98 Stat. 2361; Oct. 27, 1986, Pub. L. 99–570, title IV, § 4005(b)(1), 100 Stat. 3207–114, related to National Institute on Alcohol Abuse and Alcoholism, prior to repeal by Pub. L. 102–321, title I, § 101(b), July 10, 1992, 106 Stat. 331. See section 285n of this title.

A prior section 502 of act July 1, 1944, which was classified to section 220 of this title, was successively renumbered by subsequent acts and transferred, see section 238a of this title.

### Amendments

2016—Subsec. (a)(1). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in concluding provisions.

Subsec. (a)(2)(A)(i), (B). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.

Subsec. (b)(2)(B). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.

Subsec. (b)(2)(F) to (J). Pub. L. 114–255, § 6008(1), added subpars. (F) to (I) and redesignated former subpar. (F) as (J).

Subsec. (b)(3)(C), (D). Pub. L. 114–255, § 6008(2), added subpars. (C) and (D).

Subsecs. (d) to (f). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” wherever appearing.

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”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1992 Amendments

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 Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title.

### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits.

### Termination of Advisory Councils

Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975.

### References in Other Laws to GS–16, 17, or 18 Pay Rates

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.

### Continuation of Existing Advisory Councils

Pub. L. 99–570, title IV, § 4004(b), Oct. 27, 1986, 100 Stat. 3207–111, provided that: “The amendment made by subsection (a) [enacting this section and renumbering this section and section 290aa–5 of this title] does not terminate the membership of any advisory council for the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, or the National Institute of Mental Health which was in existence on the date of enactment of this Act [Oct. 27, 1986]. After such date— the Secretary of Health and Human Services shall make appointments to each such advisory council in such a manner as to bring about as soon as practicable the composition for such council prescribed by section 505 [now 502] of the Public Health Service Act [42 U.S.C. 290aa–1]; each advisory council shall organize itself in accordance with such section and exercise the functions prescribed by such section; and the Director of each such institute shall perform for such advisory council the functions prescribed by such section.”