§ 281. Organization of National Institutes of Health
(a)
Relation to Public Health Service
The National Institutes of Health is an agency of the Service.
(b)
National research institutes and national centers
The following agencies of the National Institutes of Health are national research institutes or national centers:
(c)
Division of Program Coordination, Planning, and Strategic Initiatives
(1)
In general
Within the Office of the Director of the National Institutes of Health, there shall be a Division of Program Coordination, Planning, and Strategic Initiatives (referred to in this subsection as the “Division”).
(2)
Offices within Division
(A)
Offices
The following offices are within the Division: The Office of AIDS Research, the Office of Research on Women’s Health, the Office of Behavioral and Social Sciences Research, the Office of Disease Prevention, the Office of Dietary Supplements, the Office of Rare Diseases, and any other office located within the Office of the Director of NIH as of the day before January 15, 2007. In addition to such offices, the Director of NIH may establish within the Division such additional offices or other administrative units as the Director determines to be appropriate.
(d)
Organization
(1)
Number of institutes and centers
In the National Institutes of Health, the number of national research institutes and national centers may not exceed a total of 27, including any such institutes or centers established under authority of paragraph (2) or under authority of this subchapter as in effect on the day before January 15, 2007.
(2)
Reorganization of institutes
(A)
In general
The Secretary may establish in the National Institutes of Health one or more additional national research institutes to conduct and support research, training, health information, and other programs with respect to any particular disease or groups of diseases or any other aspect of human health if—
(i)
the Secretary determines that an additional institute is necessary to carry out such activities; and
(ii)
the additional institute is not established before the expiration of 180 days after the Secretary has provided the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate written notice of the determination made under clause (i) with respect to the institute.
(B)
Additional authority
The Secretary may reorganize the functions of any national research institute and may abolish any national research institute if the Secretary determines that the institute is no longer required. A reorganization or abolition may not take effect under this paragraph before the expiration of 180 days after the Secretary has provided the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate written notice of the reorganization or abolition.
(3)
Reorganization of Office of Director
Notwithstanding subsection (c), the Director of NIH may, after a series of public hearings, and with the approval of the Secretary, reorganize the offices within the Office of the Director, including the addition, removal, or transfer of functions of such offices, and the establishment or termination of such offices, if the Director determines that the overall management and operation of programs and activities conducted or supported by such offices would be more efficiently carried out under such a reorganization.
(4)
Internal reorganization of institutes and centers
Notwithstanding any conflicting provisions of this subchapter, the director of a national research institute or a national center may, after a series of public hearings and with the approval of the Director of NIH, reorganize the divisions, centers, or other administrative units within such institute or center, including the addition, removal, or transfer of functions of such units, and the establishment or termination of such units, if the director of such institute or center determines that the overall management and operation of programs and activities conducted or supported by such divisions, centers, or other units would be more efficiently carried out under such a reorganization.
(e)
Scientific Management Review Board for periodic organizational reviews
(1)
In general
Not later than 60 days after January 15, 2007, the Secretary shall establish an advisory council within the National Institutes of Health to be known as the Scientific Management Review Board (referred to in this subsection as the “Board”).
(2)
Duties
(A)
Reports on organizational issues
The Board shall provide advice to the appropriate officials under subsection (d) regarding the use of the authorities established in paragraphs (2), (3), and (4) of such subsection to reorganize the National Institutes of Health (referred to in this subsection as “organizational authorities”). Not less frequently than once each 7 years, the Board shall—
(B)
Certain responsibilities regarding reports
The activities of the Board with respect to a report under subparagraph (A) shall include the following:
(i)
Reviewing the research portfolio of the National Institutes of Health (referred to in this subsection as “NIH”) in order to determine the progress and effectiveness and value of the portfolio and the allocation among the portfolio activities of the resources of NIH.
(ii)
Determining pending scientific opportunities, and public health needs, with respect to research within the jurisdiction of NIH.
(iii)
For any proposal for organizational changes to which the Board gives significant consideration as a possible recommendation in such report—
(II)
taking into account historical funding and support for research activities at national research institutes and centers that have been established recently relative to national research institutes and centers that have been in existence for more than two decades;
(3)
Composition of Board
The Board shall consist of the Director of NIH, who shall be a permanent nonvoting member on an ex officio basis, and an odd number of additional members, not to exceed 21, all of whom shall be voting members. The voting members of the Board shall be the following:
(A)
Not fewer than 9 officials who are directors of national research institutes or national centers. The Secretary shall designate such officials for membership and shall ensure that the group of officials so designated includes directors of—
(i)
national research institutes whose budgets are substantial relative to a majority of the other institutes;
(ii)
national research institutes whose budgets are small relative to a majority of the other institutes;
(iii)
national research institutes that have been in existence for a substantial period of time without significant organizational change under subsection (d);
(B)
Members appointed by the Secretary from among individuals who are not officers or employees of the United States. Such members shall include—
(4)
Chair
The Chair of the Board shall be selected by the Secretary from among the members of the Board appointed under paragraph (3)(B). The term of office of the Chair shall be 2 years.
(5)
Meetings
(A)
In general
The Board shall meet at the call of the Chair or upon the request of the Director of NIH, but not fewer than 5 times with respect to issuing any particular report under paragraph (2)(A). The location of the meetings of the Board is subject to the approval of the Director of NIH.
(B)
Particular forums
Of the meetings held under subparagraph (A) with respect to a report under paragraph (2)(A)—
(6)
Compensation; term of office
The provisions of subsections (b)(4) and (c) of section
284a of this title apply with respect to the Board to the same extent and in the same manner as such provisions apply with respect to an advisory council referred to in such subsections, except that the reference in such subsection (c) to 4 years regarding the term of an appointed member is deemed to be a reference to 5 years.
(7)
Reports
(A)
Recommendations for changes
Each report under paragraph (2)(A) shall be submitted to—
(i)
the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives;
(f)
Organizational changes per recommendation of Scientific Management Review Board
(1)
In general
With respect to an official who has organizational authorities within the meaning of subsection (e)(2)(A), if a recommendation to the official for an organizational change is made in a report under such subsection, the official shall, except as provided in paragraphs (2), (3), and (4) of this subsection, make the change in accordance with the following:
(2)
Inapplicability to certain reorganizations
Paragraph (1) does not apply to a recommendation made in a report under subsection (e)(2)(A) if the recommendation is for—
(3)
Objection by Director of NIH
(A)
In general
Paragraph (1) does not apply to a recommendation for an organizational change made in a report under subsection (e)(2)(A) if, not later than 90 days after the report is submitted under subsection (e)(7)(A), the Director of NIH submits to the committees specified in such subsection a report providing that the Director objects to the change, which report includes the reasons underlying the objection.
(B)
Scope of objection
For purposes of subparagraph (A), an objection by the Director of NIH may be made to the entirety of a recommended organizational change or to 1 or more aspects of the change. Any aspect of a change not objected to by the Director in a report under subparagraph (A) shall be implemented in accordance with paragraph (1).
(4)
Congressional review
An organizational change under subsection (d)(2) that is initiated pursuant to paragraph (1) shall be carried out by regulation in accordance with the procedures for substantive rules under section
553 of title
5. A rule under the preceding sentence shall be considered a major rule for purposes of chapter 8 of such title (relating to congressional review of agency rulemaking).
(h)
References to NIH
For purposes of this subchapter, a reference to the National Institutes of Health includes its agencies.