§285g. Purpose of Institute

The general purpose of the National Institute of Child Health and Human Development (hereafter in this subpart referred to as the "Institute") is the conduct and support of research, training, health information dissemination, and other programs with respect to maternal health, child health, mental retardation, human growth and development, including prenatal development, population research, and special health problems and requirements of mothers and children.

(July 1, 1944, ch. 373, title IV, §448, as added Nov. 20, 1985, Pub. L. 99–158, §2, 99 Stat. 856 .)

National Commission to Prevent Infant Mortality; Composition; Voluntary Services; Duration

Pub. L. 100–436, title IV, Sept. 20, 1988, 102 Stat. 1709 , provided that: "Notwithstanding any other provision of law, the Commission [National Commission to Prevent Infant Mortality] shall be composed of sixteen members, including seven at large members. Furthermore, the Commission has the power to accept voluntary and uncompensated services, notwithstanding section 1342 of title 31, and shall continue operating, notwithstanding sections 208 and 209 of Public Law 99–660 [set out below]."

National Commission to Prevent Infant Mortality

Pub. L. 99–660, title II, Nov. 14, 1986, 100 Stat. 3752 , provided that:

"SEC. 201. SHORT TITLE.

"This title may be cited as the 'National Commission to Prevent Infant Mortality Act of 1986'.

"SEC. 202. DEFINITION.

"For the purposes of this title, the term 'infant mortality' refers to the number of infants born alive but who die before their first birthday.

"SEC. 203. ESTABLISHMENT OF A NATIONAL COMMISSION.

"(a) Establishment.-There is established the National Commission to Prevent Infant Mortality (hereinafter referred to as the 'Commission').

"(b) Composition.-The Commission shall be composed of fifteen members, as follows:

"(1) Two members of the Senate, one to be selected by the majority leader of the Senate, the other to be selected by the minority leader of the Senate.

"(2) Two members of the House, one to be selected by the Speaker of the House, the other to be selected by the minority leader of the House.

"(3) Three representatives of State government shall be jointly selected by the majority leader of the Senate and the Speaker of the House. One shall be a Governor; one shall be a chief State official responsible for administering the State medicaid program; and one shall be the chief State official responsible for administering the State maternal and child health programs.

"(4) The Secretary of Health and Human Services shall be a member.

"(5) The Comptroller General of the United States shall be a member.

"(6) Six at large members, with demonstrated expertise in maternal and child health, including representatives of health care consumer and provider organizations, shall be jointly selected by the majority leader of the Senate and the Speaker of the House.

"(c) Chairman and Vice Chairman.-The Commission shall select a Chairperson and Vice Chairperson from among its members.

"(d) Quorum.-Eight members of the Commission shall constitute a quorum, but a lesser number may hold hearings.

"(e) Meetings.-The Commission shall meet at the call of the Chairperson.

"(f) Vacancies.-Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

"SEC. 204. DUTIES OF THE COMMISSION.

"(a) Duties.-The Commission shall:

"(1) Identify and examine comprehensively Federal, State, local, and private resources which impact infant mortality, including but not limited to-

"(A) the effectiveness and adequacy of programs such as the Supplemental Feeding Program for Women, Infants, and Children; the Maternal and Child Health Block Grant; Community Health Centers; prepregnancy services and other programs that increase access to prenatal and postnatal education, care, and nutrition;

"(B) the effectiveness of current Federal and State policies under the Medicaid Program to ensure adequate access to prenatal and post-natal care for low-income pregnant women, mothers, and infants up to age one;

"(C) the role of income maintenance and other programs that impact infant mortality such as Aid to Families with Dependent Children and Federal housing subsidies;

"(D) the adequacy of current Federal and State efforts to enable an appropriate distribution of properly trained health care professionals to provide comprehensive maternal and child health services;

"(E) the adequacy of private health care financing systems and mechanisms to enable pregnant women and infants to receive comprehensive health care; and

"(F) the adequacy of the national biostatistics registration system with respect to the collection and reporting of infant health statistics.

"(2) Identify current financial, intergovernmental, and within the Federal Government, interagency barriers to the health care needed to prevent high infant mortality.

"(3) Review recommendations made in recent regional and national reports that promote the health status of childbearing women and their infants and carry forward such recommendations as deemed appropriate.

"(4) Hold hearings, in accordance with section 205(a), in areas of the United States with high infant mortality rates.

"(b) Recommendations.-The Commission shall-

"(1) recommend a national policy designed to reduce and prevent infant mortality, including recommendations concerning populations at risk of high infant death rates and recommendations concerning appropriate roles for the Federal Government, States, local governments, and private sector;

"(2) recommend to the Congress and the President the specific changes needed within Federal laws and Federal programs to achieve an effective Federal role in preventing infant mortality, including the programs specified in subparagraphs (A) and (B) of subsection (a)(1);

"(3) recommend to the Congress and the President the specific changes needed to improve the national vital statistics registration system with respect to infant death statistics; and

"(4) present such recommendations to the President, the Committee on Energy and Commerce of the House of Representatives, and the Committees on Finance and Governmental Affairs of the Senate no later than one year after enactment of this Act [Nov. 14, 1986].

"SEC. 205. POWERS OF THE COMMISSION.

"(a) Hearings.-The Commission, or at its direction, any subcommittee or member thereof, may for the purpose of carrying out the provisions of this title, hold such hearings, sit and act at such times and places, take such testimony, receive such evidence and administer such oaths, as the Commission or such subcommittee or member may deem advisable. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission, subcommittee, or member thereof.

"(b) Information.-The Commission may secure directly from any Federal department or agency such information as may be necessary to enable the Commission to carry out this title. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.

"(c) Contracts.-To carry out this title, the Commission may enter into such contracts and other arrangements to such extent or in such amounts as are provided in appropriation Acts, and without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). Contracts and other arrangements may be entered into under this subsection with or without consideration or bond.

"(d) Applicability of Federal Advisory Committee Act.-The provisions of the Federal Advisory Committee Act [5 App. U.S.C.] shall not apply to the Commission.

"SEC. 206. COMMISSION STAFF.

"(a) Executive Director.-The Chairperson and Vice Chairperson of the Commission shall appoint an executive director. The employment of such executive director shall be subject to confirmation by the Commission.

"(b) Other Personnel.-The Commission may appoint and terminate the executive director selected under subsection (a) and such other personnel as it considers appropriate to assist in the performance of its duties under this title, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may pay such executive director and other personnel without regard to the provisions of chapter 51 and subchapter 111 [III] of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay for such executive director and other personnel may not exceed the rate payable for GS–18 of the General Schedule under section 5332 of such title.

"(c) Applicability of Other Federal Laws.-Service of an individual as a member of the Commission or employment of an individual by the Commission on a part-time or full-time basis and with or without compensation shall not be considered as service or employment bringing such individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member of the Commission or as an employee of the Commission, shall not be considered service in an appointive or elective position in the Government for purposes of section 8344 of title 5, United States Code, or comparable provisions of Federal law.

"(d) Experts and Consultants.-Subject to such rules as may be prescribed by the Commission, the Chairman of the Commission may procure temporary and intermittent services under section 3109 of title 5, United States Code, at rates for individuals not to exceed the daily rate payable for GS–18 of the General Schedule under section 5332 of such title.

"SEC. 207. SUNSHINE PROVISION.

"The Commission shall establish procedures to ensure its proceedings are open to the public to the maximum extent practicable.

"SEC. 208. TERMINATION OF THE COMMISSION.

"Ninety days after the Commission submits its recommendations as required by section 204(b)(4) the Commission shall terminate.

"SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated to the Commission such sums as may be necessary. Amounts appropriated under this section shall remain available until the day on which the Commission terminates under section 208."