### §3529. Medical advisory board

#### (a) Establishment

The Director shall establish within the Agency a medical advisory board (in this section referred to as the "Board").

#### (b) Duties

The Board shall—

(1) conduct a study on the Office of Medical Services of the Agency, and submit reports regarding such study, in accordance with subsection (c); and

(2) upon request, provide advice and guidance in connection with any independent review of the Office conducted by an inspector general.

#### (c) Study

#### (1) Objectives

In conducting the study under subsection (b)(1), the Board shall seek to—

(A) contribute to the modernization and reform of the Office of Medical Services;

(B) ensure that the activities of the Office are of the highest professional quality; and

(C) ensure that all medical care provided by the Office is provided in accordance with the highest professional medical standards.

#### (2) Reports

The Board shall submit to the congressional intelligence committees, in writing—

(A) interim reports on the study; and

(B) a final report on the study, which shall—

(i) set forth in detail the findings of the study and the recommendations of the Board, based on such findings and taking into consideration the objectives under paragraph (1), regarding any changes to the activities of the Office of Medical Services; and

(ii) include, as applicable, any additional or dissenting views submitted by a member of the Board.

#### (d) Membership

#### (1) Number and appointment

The Board shall be composed of 9 members, appointed as follows:

(A) 1 member appointed by the Speaker of the House of Representatives.

(B) 1 member appointed by the minority leader of the House of Representatives.

(C) 1 member appointed by the majority leader of the Senate.

(D) 1 member appointed by the minority leader of the Senate.

(E) 1 member appointed by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives.

(F) 1 member appointed by the ranking minority member of the Permanent Select Committee on Intelligence of the House of Representatives.

(G) 1 member appointed by the Chairman of the Select Committee on Intelligence of the Senate.

(H) 1 member appointed by the Vice Chairman of the Select Committee on Intelligence of the Senate.

(I) 1 member appointed by the Director of National Intelligence.

#### (2) Chairperson

During the first meeting under subsection (e)(1), the members of the Board shall elect a Chairperson of the Board. In addition to meeting the criteria under paragraph (3), the Chairperson may not be an employee, or former employee, of the Agency.

#### (3) Criteria

The members appointed under paragraph (1) shall meet the following criteria:

(A) Each member shall be a recognized expert in at least 1 medical field, as demonstrated by appropriate credentials.

(B) Each member shall possess significant and diverse medical experience, including clinical experience.

(C) Each member shall be eligible to hold an appropriate security clearance.

#### (4) Terms

#### (A) In general

Each member, including the Chairperson, shall be appointed or elected, as applicable, for the life of the Board.

#### (B) Vacancies

Any vacancy in the Board occurring prior to the expiration of the term under subparagraph (A) shall be filled in the manner in which the original appointment or election was made.

#### (5) Compensation and travel expenses

#### (A) Compensation

Except as provided in subparagraph (B), each member of the Board, including the Chairperson, may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5 for each day during which that member is engaged in the actual performance of the duties under subsection (b).

#### (B) Exception for Federal employees

Members of the Board, including the Chairperson, who are officers or employees of the United States shall receive no additional pay by reason of the service of the member on the Board.

#### (C) Travel expenses

Each member of the Board, including the Chairperson, while away from the home or regular places of business of the member in the performance of services for the Board, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5.

#### (6) Detailees

#### (A) In general

Upon request of the Board, the Director of National Intelligence may detail to the Board, without reimbursement from the Board, any of the personnel of the Office of the Director of National Intelligence to assist in carrying out the duties under subsection (b). Any such detailed personnel shall retain the rights, status, and privileges of the regular employment of the personnel without interruption.

#### (B) Clearance

Any personnel detailed to the Board under subparagraph (A) shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information.

#### (e) Meetings

#### (1) Board meetings

The Board shall meet not less frequently than on a quarterly basis.

#### (2) Meetings with Congress

The Board shall meet with the congressional intelligence committees on a biannual basis.

#### (f) Information access

#### (1) In general

Except as provided in paragraph (2), the Board may secure directly from any department or agency of the United States Government information necessary to enable it to carry out the duties under subsection (b) and, upon request of the Chairperson of the Board, the head of that department or agency shall furnish such information to the Board.

#### (2) Exception

The Director (without delegation) may deny a request for information made by the Board pursuant to paragraph (1), regardless of the agency from which such information is requested.

#### (3) Notification requirement

If the Director denies a request under paragraph (2), not later than 15 days after the date of such denial, the Director shall submit to the congressional intelligence committees a written notification of such denial.

#### (4) Briefings

The Director shall ensure that the Board receives comprehensive briefings on all activities of the Office of Medical Services, including by promptly scheduling such briefings at the request of the Board.

#### (g) Termination

The Board shall terminate on the date that is 5 years after the date of the first meeting of the Board.

#### (h) Definitions

In this section, the terms "congressional intelligence committees" and "intelligence community" have the meanings given such terms in section 3003 of this title.

(June 20, 1949, ch. 227, §28, as added Pub. L. 117–103, div. X, title VI, §602(a), Mar. 15, 2022, 136 Stat. 992.)

#### **Statutory Notes and Related Subsidiaries**

#### Deadline for Appointments; First Meetings

Pub. L. 117–103, div. X, title VI, §602(b), Mar. 15, 2022, 136 Stat. 995, provided that:

"(1) Deadline for appointments.—Each member of the medical advisory board established under section 28 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3529] (as added by subsection (a)), including the Chairperson, shall be appointed or elected, as applicable, in accordance with subsection (d) of such section by not later than 45 days after the date of the enactment of this Act [Mar. 15, 2022].

"(2) First board meeting.—Not later than 30 days after the first date on which at least 5 members of the Board described in paragraph (1) hold the security clearance and are able to access information in accordance with subsection (d)(3)(C) of such section 28 [50 U.S.C. 3529(d)(3)(C)], the Board shall meet. During such meeting, the Director of the Central Intelligence Agency shall provide to the Board a comprehensive briefing on all aspects of the Office of Medical Services of the Central Intelligence Agency.

"(3) First meeting with congress.—Not later than 30 days after the date of the briefing under paragraph (2), the Board described in such paragraph shall meet with the staff members of the congressional intelligence committees to discuss topics for the Board to examine in carrying out the duties under subsection (b) of such section 28 [50 U.S.C. 3529(b)]."

[For definition of "congressional intelligence committees" as used in section 602(b) of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.]