US (United States) Code. Title 42. Chapter 6A: Public Health Service

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC Sec. 285e-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 5 - national institute on aging

-HEAD-

Sec. 285e-3. Claude D. Pepper Older Americans Independence Centers

-STATUTE-

(a) Development and expansion of centers

The Director of the Institute shall enter into cooperative

agreements with, and make grants to, public and private nonprofit

entities for the development or expansion of not less than 10

centers of excellence in geriatric research and training of

researchers. Each such center shall be known as a Claude D. Pepper

Older Americans Independence Center.

(b) Functions of centers

Each center developed or expanded under this section shall -

(1) utilize the facilities of a single institution, or be

formed from a consortium of cooperating institutions, meeting

such research and training qualifications as may be prescribed by

the Director; and

(2) conduct -

(A) research into the aging processes and into the diagnosis

and treatment of diseases, disorders, and complications related

to aging, including menopause, which research includes research

on such treatments, and on medical devices and other medical

interventions regarding such diseases, disorders, and

complications, that can assist individuals in avoiding

institutionalization and prolonged hospitalization and in

otherwise increasing the independence of the individuals; and

(B) programs to develop individuals capable of conducting

research described in subparagraph (A).

(c) Geographic distribution of centers

In making cooperative agreements and grants under this section

for the development or expansion of centers, the Director of the

Institute shall ensure that, to the extent practicable, any such

centers are distributed equitably among the principal geographic

regions of the United States.

(d) "Independence" defined

For purposes of this section, the term "independence", with

respect to diseases, disorders, and complications of aging, means

the functional ability of individuals to perform activities of

daily living or instrumental activities of daily living without

assistance or supervision.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 445A, as added Pub. L.

100-607, title I, Sec. 141, Nov. 4, 1988, 102 Stat. 3056; amended

Pub. L. 101-557, title II, Sec. 202, Nov. 15, 1990, 104 Stat.

2767.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-557, Sec. 202(a)(1), substituted "Claude D.

Pepper Older Americans Independence Centers" for "Centers of

geriatric research and training" in section catchline.

Subsec. (a). Pub. L. 101-557, Sec. 202(a)(2), (b)(1)(A), inserted

"not less than 10" before "centers of excellence" and inserted

provision designating centers as Claude D. Pepper Older Americans

Independence Centers.

Subsec. (b)(2)(A). Pub. L. 101-557, Sec. 202(b)(1)(B), inserted

before semicolon at end ", including menopause, which research

includes research on such treatments, and on medical devices and

other medical interventions regarding such diseases, disorders, and

complications, that can assist individuals in avoiding

institutionalization and prolonged hospitalization and in otherwise

increasing the independence of the individuals".

Subsec. (b)(2)(B). Pub. L. 101-557, Sec. 202(b)(2), substituted

"research described in subparagraph (A)" for "research concerning

aging and concerning such diseases, disorders, and complications."

Subsec. (d). Pub. L. 101-557, Sec. 202(c), added subsec. (d).

-End-

-CITE-

42 USC Sec. 285e-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 5 - national institute on aging

-HEAD-

Sec. 285e-4. Awards for leadership and excellence in Alzheimer's

disease and related dementias

-STATUTE-

(a) Senior researchers in biomedical research

The Director of the Institute shall make awards to senior

researchers who have made distinguished achievements in biomedical

research in areas relating to Alzheimer's disease and related

dementias. Awards under this section shall be used by the

recipients to support research in areas relating to such disease

and dementias, and may be used by the recipients to train junior

researchers who demonstrate exceptional promise to conduct research

in such areas.

(b) Eligible centers

The Director of the Institute may make awards under this section

to researchers at centers supported under section 285e-2 of this

title and to researchers at other public and nonprofit private

entities.

(c) Required recommendation

The Director of the Institute shall make awards under this

section only to researchers who have been recommended for such

awards by the National Advisory Council on Aging.

(d) Selection procedures

The Director of the Institute shall establish procedures for the

selection of the recipients of awards under this section.

(e) Term of award; renewal

Awards under this section shall be made for a one-year period,

and may be renewed for not more than six additional consecutive

one-year periods.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 445B, formerly Pub. L.

99-660, title IX, Sec. 931, Nov. 14, 1986, 100 Stat. 3807;

renumbered Sec. 445B of act July 1, 1944; amended Pub. L. 100-607,

title I, Sec. 142(a), (d)(1), Nov. 4, 1988, 102 Stat. 3057.)

-COD-

CODIFICATION

Section was formerly classified to section 11231 of this title

prior to renumbering by Pub. L. 100-607.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-607, Sec. 142(a), renumbered section 11231 of

this title as this section.

Subsec. (a). Pub. L. 100-607, Sec. 142(d)(1)(A), substituted "the

Institute" for "the National Institute on Aging".

Subsec. (b). Pub. L. 100-607, Sec. 142(d)(1)(B), substituted "the

Institute" for "the National Institute on Aging" and made technical

amendment to reference to section 285e-2 of this title to correct

reference to corresponding provision of original act.

Subsecs. (c), (d). Pub. L. 100-607, Sec. 142(d)(1)(C),

substituted "the Institute" for "the National Institute on Aging".

AVAILABILITY OF APPROPRIATIONSSection 142(b) of Pub. L. 100-607 provided that: "With respect to

amounts made available in appropriation Acts for the purpose of

carrying out the programs transferred by subsection (a) to the

Public Health Service Act [sections 285e-4 to 285e-8 of this

title], such subsection may not be construed to affect the

availability of such funds for such purpose."

-End-

-CITE-

42 USC Sec. 285e-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 5 - national institute on aging

-HEAD-

Sec. 285e-5. Research relevant to appropriate services for

individuals with Alzheimer's disease and related dementias and

their families

-STATUTE-

(a) Grants for research

The Director of the Institute shall conduct, or make grants for

the conduct of, research relevant to appropriate services for

individuals with Alzheimer's disease and related dementias and

their families.

(b) Preparation of plan; contents; revision

(1) Within 6 months after November 14, 1986, the Director of the

Institute shall prepare and transmit to the Chairman of the Council

on Alzheimer's Disease (in this section referred to as the

"Council") a plan for the research to be conducted under subsection

(a) of this section. The plan shall -

(A) provide for research concerning -

(i) the epidemiology of, and the identification of risk

factors for, Alzheimer's disease and related dementias; and

(ii) the development and evaluation of reliable and valid

multidimensional diagnostic and assessment procedures and

instruments; and

(B) ensure that research carried out under the plan is

coordinated with, and uses, to the maximum extent feasible,

resources of, other Federal programs relating to Alzheimer's

disease and related dementias, including centers supported under

section 285e-2 of this title, centers supported by the National

Institute of Mental Health on the psychopathology of the elderly,

relevant activities of the Administration on Aging, other

programs and centers involved in research on Alzheimer's disease

and related dementias supported by the Department, and other

programs relating to Alzheimer's disease and related dementias

which are planned or conducted by Federal agencies other than the

Department, State or local agencies, community organizations, or

private foundations.

(2) Within one year after transmitting the plan required under

paragraph (1), and annually thereafter, the Director of the

Institute shall prepare and transmit to the Chairman of the Council

such revisions of such plan as the Director considers appropriate.

(c) Consultation for preparation and revision of plan

In preparing and revising the plan required by subsection (b) of

this section, the Director of the Institute shall consult with the

Chairman of the Council and the heads of agencies within the

Department.

(d) Grants for promoting independence and preventing secondary

disabilities

the (!1) Director of the Institute may develop, or make grants to

develop -

(1) model techniques to -

(A) promote greater independence, including enhanced

independence in performing activities of daily living and

instrumental activities of daily living, for persons with

Alzheimer's disease and related disorders; and

(B) prevent or reduce the severity of secondary disabilities,

including confusional episodes, falls, bladder and bowel

incontinence, and adverse effects of prescription and

over-the-counter medications, in such persons; and

(2) model curricula for health care professionals, health care

paraprofessionals, and family caregivers, for training and

application in the use of such techniques.

(e) "Council on Alzheimer's Disease" defined

For purposes of this section, the term "Council on Alzheimer's

Disease" means the council established in section 11211(a) (!2) of

this title.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 445C, formerly Pub. L.

99-660, title IX, Sec. 941, Nov. 14, 1986, 100 Stat. 3808;

renumbered Sec. 445C of act July 1, 1944; amended Pub. L. 100-607,

title I, Sec. 142(a), (d)(2), Nov. 4, 1988, 102 Stat. 3057, 3058;

Pub. L. 102-507, Sec. 9, Oct. 24, 1992, 106 Stat. 3287; Pub. L.

103-43, title VIII, Sec. 804, June 10, 1993, 107 Stat. 164.)

-REFTEXT-

REFERENCES IN TEXT

Section 11211 of this title, referred to in subsec. (e), was

repealed by Pub. L. 105-362, title VI, Sec. 601(a)(2)(E), Nov. 10,

1998, 112 Stat. 3286.

-COD-

CODIFICATION

Section was formerly classified to section 11241 of this title

prior to renumbering by Pub. L. 100-607.

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(1). Pub. L. 103-43, Sec. 804(1), inserted "on

Alzheimer's Disease (in this section referred to as the 'Council')"

after "Council".

Subsec. (e). Pub. L. 103-43, Sec. 804(2), added subsec. (e).

1992 - Subsec. (d). Pub. L. 102-507 added subsec. (d).

1988 - Pub. L. 100-607, Sec. 142(a), renumbered section 11241 of

this title as this section.

Subsec. (a). Pub. L. 100-607, Sec. 142(d)(2)(A), substituted "the

Institute" for "the National Institute on Aging".

Subsec. (b)(1). Pub. L. 100-607, Sec. 142(d)(2)(B)(i)(I), in

introductory provisions, substituted "the date of enactment of the

Alzheimer's Disease and Related Dementias Services Research Act of

1986" for "the date of enactment of this Act", which for purposes

of codification was translated as "November 14, 1986", thus

requiring no change in text.

Pub. L. 100-607, Sec. 142(d)(2)(B)(i)(II), in introductory

provisions, substituted "the Institute" for "the National Institute

on Aging".

Subsec. (b)(1)(B). Pub. L. 100-607, Sec. 142(d)(2)(B)(ii), made

technical amendment to reference to section 285e-2 of this title to

correct reference to corresponding provision of original act.

Subsecs. (b)(2), (c). Pub. L. 100-607, Sec. 142(d)(2)(B)(iii),

(C), substituted "the Institute" for "the National Institute on

Aging".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 285e-6 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 285e-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 5 - national institute on aging

-HEAD-

Sec. 285e-6. Dissemination of research results

-STATUTE-

The Director of the Institute shall disseminate the results of

research conducted under section 285e-5 of this title and this

section to appropriate professional entities and to the public.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 445D, formerly Pub. L.

99-660, title IX, Sec. 942, Nov. 14, 1986, 100 Stat. 3809;

renumbered Sec. 445D of act July 1, 1944; amended Pub. L. 100-607,

title I, Sec. 142(a), (d)(3), Nov. 4, 1988, 102 Stat. 3057, 3058.)

-COD-

CODIFICATION

Section was formerly classified to section 11242 of this title

prior to renumbering by Pub. L. 100-607.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-607, Sec. 142(a), renumbered section 11242 of

this title as this section.

Pub. L. 100-607, Sec. 142(d)(3), substituted "the Institute" for

"the National Institute on Aging" and "section 285e-5 of this title

and this section" for "this part".

-End-

-CITE-

42 USC Sec. 285e-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 5 - national institute on aging

-HEAD-

Sec. 285e-7. Clearinghouse on Alzheimer's Disease

-STATUTE-

(a) Establishment; purpose; duties; publication of summary

The Director of the Institute shall establish the Clearinghouse

on Alzheimer's Disease (hereinafter referred to as the

"Clearinghouse"). The purpose of the Clearinghouse is the

dissemination of information concerning services available for

individuals with Alzheimer's disease and related dementias and

their families. The Clearinghouse shall -

(1) compile, archive, and disseminate information concerning

research, demonstration, evaluation, and training programs and

projects concerning Alzheimer's disease and related dementias;

and

(2) annually publish a summary of the information compiled

under paragraph (1) during the preceding 12-month period, and

make such information available upon request to appropriate

individuals and entities, including educational institutions,

research entities, and Federal and public agencies.

(b) Fee for information

The Clearinghouse may charge an appropriate fee for information

provided through the toll-free telephone line established under

subsection (a)(3).(!1)

(c) Summaries of research findings from other agencies

The Director of the Institute, the Director of the National

Institute of Mental Health, and the Director of the National Center

for Health Services Research and Health Care Technology Assessment

shall provide to the Clearinghouse summaries of the findings of

research conducted under part D.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 445E, formerly Pub. L.

99-660, title IX, Sec. 951, Nov. 14, 1986, 100 Stat. 3813;

renumbered Sec. 445E of act July 1, 1944, and amended Pub. L.

100-607, title I, Sec. 142(a), (d)(4), Nov. 4, 1988, 102 Stat.

3057, 3058.)

-REFTEXT-

REFERENCES IN TEXT

Part D, referred to in subsec. (c), probably means part D of

title IX of Pub. L. 99-660, Nov. 14, 1986, 100 Stat. 3808, as

amended, which is classified to subchapter IV (Sec. 11251 et seq.)

of chapter 118 of this title. Prior to renumbering by Pub. L.

100-607, this section was part of title IX of Pub. L. 99-660.

-COD-

CODIFICATION

Section was formerly classified to section 11281 of this title

prior to renumbering by Pub. L. 100-607.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-607, Sec. 142(a), renumbered section 11281 of

this title as this section.

Subsec. (a). Pub. L. 100-607, Sec. 142(d)(4)(A), substituted "the

Institute" for "the National Institute on Aging" in introductory

provisions.

Subsec. (c). Pub. L. 100-607, Sec. 142(d)(4)(B), substituted "the

Institute" for "the National Institute on Aging" and "part D" for

"part E".

-FOOTNOTE-

(!1) So in original. No subsec. (a)(3) has been enacted.

-End-

-CITE-

42 USC Sec. 285e-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 5 - national institute on aging

-HEAD-

Sec. 285e-8. Dissemination project

-STATUTE-

(a) Grant or contract for establishment

The Director of the Institute shall make a grant to, or enter

into a contract with, a national organization representing

individuals with Alzheimer's disease and related dementias for the

conduct of the activities described in subsection (b) of this

section.

(b) Project activities

The organization receiving a grant or contract under this section

shall -

(1) establish a central computerized information system to -

(A) compile and disseminate information concerning

initiatives by State and local governments and private entities

to provide programs and services for individuals with

Alzheimer's disease and related dementias; and

(B) translate scientific and technical information concerning

such initiatives into information readily understandable by the

general public, and make such information available upon

request; and

(2) establish a national toll-free telephone line to make

available the information described in paragraph (1), and

information concerning Federal programs, services, and benefits

for individuals with Alzheimer's disease and related dementias

and their families.

(c) Fees for information; exception

The organization receiving a grant or contract under this section

may charge appropriate fees for information provided through the

toll-free telephone line established under subsection (b)(2) of

this section, and may make exceptions to such fees for individuals

and organizations who are not financially able to pay such fees.

(d) Application for grant or contract; contents

In order to receive a grant or contract under this section, an

organization shall submit an application to the Director of the

Institute. Such application shall contain -

(1) information demonstrating that such organization has a

network of contacts which will enable such organization to

receive information necessary to the operation of the central

computerized information system described in subsection (b)(1) of

this section;

(2) information demonstrating that, by the end of fiscal year

1991, such organization will be financially able to, and will,

carry out the activities described in subsection (b) of this

section without a grant or contract from the Federal Government;

and

(3) such other information as the Director may prescribe.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 445F, formerly Pub. L.

99-660, title IX, Sec. 952, Nov. 14, 1986, 100 Stat. 3813;

renumbered Sec. 445F of act July 1, 1944, and amended Pub. L.

100-607, title I, Sec. 142(a), (d)(5), Nov. 4, 1988, 102 Stat.

3057, 3058.)

-COD-

CODIFICATION

Section was formerly classified to section 11282 of this title

prior to renumbering by Pub. L. 100-607.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-607, Sec. 142(a), renumbered section 11282 of

this title as this section.

Subsecs. (a), (d). Pub. L. 100-607, Sec. 142(d)(5), substituted

"the Institute" for "the National Institute on Aging".

-End-

-CITE-

42 USC Sec. 285e-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 5 - national institute on aging

-HEAD-

Sec. 285e-9. Alzheimer's disease registry

-STATUTE-

(a) In general

The Director of the Institute may make a grant to develop a

registry for the collection of epidemiological data about

Alzheimer's disease and its incidence in the United States, to

train personnel in the collection of such data, and for other

matters respecting such disease.

(b) Qualifications

To qualify for a grant under subsection (a) of this section an

applicant shall -

(1) be an accredited school of medicine or public health which

has expertise in the collection of epidemiological data about

individuals with Alzheimer's disease and in the development of

disease registries, and

(2) have access to a large patient population, including a

patient population representative of diverse ethnic backgrounds.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 445G, formerly Pub. L.

99-158, Sec. 12, Nov. 20, 1985, 99 Stat. 885, as renumbered Sec.

445G and amended Pub. L. 103-43, title VIII, Sec. 801, June 10,

1993, 107 Stat. 163.)

-COD-

CODIFICATION

Section was formerly set out as a note under section 285e-2 of

this title prior to renumbering by Pub. L. 103-43.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43, Sec. 801(b)(1), reenacted section

catchline without change.

Subsec. (a). Pub. L. 103-43, Sec. 801(b)(1), substituted in

heading "In general" for "Grant authority" and in text substituted

"Director of the Institute" for "Director of the National Institute

on Aging".

Subsec. (c). Pub. L. 103-43, Sec. 801(b)(2), struck out subsec.

(c) which authorized appropriations of $2,500,000 for grants to

remain available until expended or through fiscal year 1989,

whichever occurred first.

-End-

-CITE-

42 USC Sec. 285e-10 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 5 - national institute on aging

-HEAD-

Sec. 285e-10. Aging processes regarding women

-STATUTE-

(a) The Director of the Institute, in addition to other special

functions specified in section 285e-1 of this title and in

cooperation with the Directors of the other national research

institutes and agencies of the National Institutes of Health, shall

conduct research into the aging processes of women, with particular

emphasis given to the effects of menopause and the physiological

and behavioral changes occurring during the transition from pre- to

post-menopause, and into the diagnosis, disorders, and

complications related to aging and loss of ovarian hormones in

women.

(b) For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each of the fiscal years 1999 through 2003. The authorization of

appropriations established in the preceding sentence is in addition

to any other authorization of appropriation that is available for

such purpose.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 445H, as added Pub. L.

103-43, title VIII, Sec. 802, June 10, 1993, 107 Stat. 163; amended

Pub. L. 105-340, title I, Sec. 105, Oct. 31, 1998, 112 Stat. 3193.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-340 designated existing provisions as subsec.

(a) and added subsec. (b).

-End-

-CITE-

42 USC Sec. 285e-10a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 5 - national institute on aging

-HEAD-

Sec. 285e-10a. Alzheimer's clinical research and training awards

-STATUTE-

(a) In general

The Director of the Institute is authorized to establish and

maintain a program to enhance and promote the translation of new

scientific knowledge into clinical practice related to the

diagnosis, care and treatment of individuals with Alzheimer's

disease.

(b) Support of promising clinicians

In order to foster the application of the most current

developments in the etiology, pathogenesis, diagnosis, prevention

and treatment of Alzheimer's disease, amounts made available under

this section shall be directed to the support of promising

clinicians through awards for research, study, and practice at

centers of excellence in Alzheimer's disease research and

treatment.

(c) Excellence in certain fields

Research shall be carried out under awards made under subsection

(b) of this section in environments of demonstrated excellence in

neuroscience, neurobiology, geriatric medicine, and psychiatry and

shall foster innovation and integration of such disciplines or

other environments determined suitable by the Director of the

Institute.

(d) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated $2,250,000 for fiscal year 2001, and

such sums as may be necessary for each of fiscal years 2002 through

2005.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 445I, as added Pub. L.

106-505, title VIII, Sec. 801(2), Nov. 13, 2000, 114 Stat. 2349.)

-MISC1-

PRIOR PROVISIONS

A prior section 445I of act July 1, 1944, was renumbered section

445J and is classified to section 285e-11 of this title.

-End-

-CITE-

42 USC Sec. 285e-11 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 5 - national institute on aging

-HEAD-

Sec. 285e-11. Authorization of appropriations

-STATUTE-

For the purpose of carrying out this subpart, there are

authorized to be appropriated $500,000,000 for fiscal year 1994,

and such sums as may be necessary for each of the fiscal years 1995

and 1996.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 445J, formerly Sec. 445I, as

added Pub. L. 103-43, title VIII, Sec. 803, June 10, 1993, 107

Stat. 163; renumbered Sec. 445J, Pub. L. 106-505, title VIII, Sec.

801(1), Nov. 13, 2000, 114 Stat. 2349.)

-End-

-CITE-

42 USC subpart 6 - national institute of allergy and

infectious diseases 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 6 - national institute of allergy and infectious diseases

-HEAD-

SUBPART 6 - NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

-End-

-CITE-

42 USC Sec. 285f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 6 - national institute of allergy and infectious diseases

-HEAD-

Sec. 285f. Purpose of Institute

-STATUTE-

The general purpose of the National Institute of Allergy and

Infectious Diseases is the conduct and support of research,

training, health information dissemination, and other programs with

respect to allergic and immunologic diseases and disorders and

infectious diseases, including tropical diseases.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 446, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 855; amended Pub. L.

103-43, title IX, Sec. 901, June 10, 1993, 107 Stat. 164.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43 inserted before period at end ", including

tropical diseases".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 285f-2 of this title.

-End-

-CITE-

42 USC Sec. 285f-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 6 - national institute of allergy and infectious diseases

-HEAD-

Sec. 285f-1. Research centers regarding chronic fatigue syndrome

-STATUTE-

(a) The Director of the Institute, after consultation with the

advisory council for the Institute, may make grants to, or enter

into contracts with, public or nonprofit private entities for the

development and operation of centers to conduct basic and clinical

research on chronic fatigue syndrome.

(b) Each center assisted under this section shall use the

facilities of a single institution, or be formed from a consortium

of cooperating institutions, meeting such requirements as may be

prescribed by the Director of the Institute.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 447, as added Pub. L.

103-43, title IX, Sec. 902(a), June 10, 1993, 107 Stat. 164.)

-COD-

CODIFICATION

Another section 447 of act July 1, 1944, was renumbered section

447A and is classified to section 285f-2 of this title.

-MISC1-

EXTRAMURAL STUDY SECTION

Section 902(b) of Pub. L. 103-43 provided that: "Not later than 6

months after the date of enactment of this Act [June 10, 1993], the

Secretary of Health and Human Services shall establish an

extramural study section for chronic fatigue syndrome research."

RESEARCH ACTIVITIES ON CHRONIC FATIGUE SYNDROME

Section 1903 of Pub. L. 103-43 directed Secretary of Health and

Human Services to, not later than Oct. 1, 1993, and annually

thereafter for next 3 years, prepare and submit to Congress a

report that summarizes research activities conducted or supported

by National Institutes of Health concerning chronic fatigue

syndrome, with information concerning grants made, cooperative

agreements or contracts entered into, intramural activities,

research priorities and needs, and plan to address such priorities

and needs.

-End-

-CITE-

42 USC Sec. 285f-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 6 - national institute of allergy and infectious diseases

-HEAD-

Sec. 285f-2. Research and research training regarding tuberculosis

-STATUTE-

(a) In carrying out section 285f of this title, the Director of

the Institute shall conduct or support research and research

training regarding the cause, diagnosis, early detection,

prevention and treatment of tuberculosis.

(b) For the purpose of carrying out subsection (a) of this

section, there are authorized to be appropriated $50,000,000 for

fiscal year 1994, and such sums as may be necessary for each of the

fiscal years 1995 through 1998. Such authorization is in addition

to any other authorization of appropriations that is available for

such purpose.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 447A, formerly Sec. 447, as

added Pub. L. 103-183, title III, Sec. 302(a), Dec. 14, 1993, 107

Stat. 2235; renumbered Sec. 447A, Pub. L. 105-392, title IV, Sec.

401(b)(3), Nov. 13, 1998, 112 Stat. 3587.)

-MISC1-

RESEARCH THROUGH FOOD AND DRUG ADMINISTRATION

Section 303 of Pub. L. 103-183 provided that: "The Secretary of

Health and Human Services, acting through the Commissioner of Food

and Drugs, shall implement a tuberculosis drug and device research

program under which the Commissioner may -

"(1) provide assistance to other Federal agencies for the

development of tuberculosis protocols;

"(2) review and evaluate medical devices designed for the

diagnosis and control of airborne tuberculosis; and

"(3) conduct research concerning drugs or devices to be used in

diagnosing, controlling and preventing tuberculosis."

-End-

-CITE-

42 USC Sec. 285f-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 6 - national institute of allergy and infectious diseases

-HEAD-

Sec. 285f-3. Sexually transmitted disease clinical research and

training awards

-STATUTE-

(a) In general

The Director of the Institute is authorized to establish and

maintain a program to enhance and promote the translation of new

scientific knowledge into clinical practice related to the

diagnosis, care and treatment of individuals with sexually

transmitted diseases.

(b) Support of promising clinicians

In order to foster the application of the most current

developments in the etiology, pathogenesis, diagnosis, prevention

and treatment of sexually transmitted diseases, amounts made

available under this section shall be directed to the support of

promising clinicians through awards for research, study, and

practice at centers of excellence in sexually transmitted disease

research and treatment.

(c) Excellence in certain fields

Research shall be carried out under awards made under subsection

(b) of this section in environments of demonstrated excellence in

the etiology and pathogenesis of sexually transmitted diseases and

shall foster innovation and integration of such disciplines or

other environments determined suitable by the Director of the

Institute.

(d) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated $2,250,000 for fiscal year 2001, and

such sums as may be necessary for each of fiscal years 2002 through

2005.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 447B, as added Pub. L.

106-505, title IX, Sec. 901, Nov. 13, 2000, 114 Stat. 2349.)

-End-

-CITE-

42 USC subpart 7 - national institute of child health and

human development 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

SUBPART 7 - NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

DEVELOPMENT

-End-

-CITE-

42 USC Sec. 285g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

Sec. 285g. Purpose of Institute

-STATUTE-

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 gynecologic health, 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.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 448, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 856; amended Pub. L.

106-554, Sec. 1(a)(1) [title II, Sec. 215], Dec. 21, 2000, 114

Stat. 2763, 2763A-28.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-554 inserted "gynecologic health," after "with

respect to".

LONG-TERM CHILD DEVELOPMENT STUDY

Pub. L. 106-310, div. A, title X, Sec. 1004, Oct. 17, 2000, 114

Stat. 1130, provided that:

"(a) Purpose. - It is the purpose of this section to authorize

the National Institute of Child Health and Human Development to

conduct a national longitudinal study of environmental influences

(including physical, chemical, biological, and psychosocial) on

children's health and development.

"(b) In General. - The Director of the National Institute of

Child Health and Human Development shall establish a consortium of

representatives from appropriate Federal agencies (including the

Centers for Disease Control and Prevention, the Environmental

Protection Agency) to -

"(1) plan, develop, and implement a prospective cohort study,

from birth to adulthood, to evaluate the effects of both chronic

and intermittent exposures on child health and human development;

and

"(2) investigate basic mechanisms of developmental disorders

and environmental factors, both risk and protective, that

influence health and developmental processes.

"(c) Requirement. - The study under subsection (b) shall -

"(1) incorporate behavioral, emotional, educational, and

contextual consequences to enable a complete assessment of the

physical, chemical, biological and psychosocial environmental

influences on children's well-being;

"(2) gather data on environmental influences and outcomes on

diverse populations of children, which may include the

consideration of prenatal exposures; and

"(3) consider health disparities among children which may

include the consideration of prenatal exposures.

"(d) Report. - Beginning not later than 3 years after the date of

the enactment of this Act [Oct. 17, 2000], and periodically

thereafter for the duration of the study under this section, the

Director of the National Institute of Child Health and Human

Development shall prepare and submit to the appropriate committees

of Congress a report on the implementation and findings made under

the planning and feasibility study conducted under this section.

"(e) Authorization of Appropriations. - There are authorized to

be appropriated to carry out this section $18,000,000 for fiscal

year 2001, and such sums as may be necessary for each [sic] the

fiscal years 2002 through 2005."

NATIONAL COMMISSION TO PREVENT INFANT MORTALITY; COMPOSITION;

VOLUNTARY SERVICES; DURATION

Pub. L. 100-436, title IV, Sept. 20, 1988, 102 Stat. 1709,

provided that the National Commission to Prevent Infant Mortality

was to be composed of sixteen members, including seven at large

members, and that it had power to accept voluntary and

uncompensated services, notwithstanding section 1342 of title 31,

and was to continue operating, notwithstanding sections 208 and 209

of Pub. L. 99-660 (formerly set out below).

NATIONAL COMMISSION TO PREVENT INFANT MORTALITY

Pub. L. 99-660, title II, Nov. 14, 1986, 100 Stat. 3752, known as

the National Commission to Prevent Infant Mortality Act of 1986,

established National Commission to Prevent Infant Mortality to

examine and make recommendation on government and private

resources, policies, and programs which impact on infant mortality,

required Commission to submit recommendations to President and

Congress no later than one year after Nov. 14, 1986, and terminated

Commission 90 days after submission of recommendations.

-End-

-CITE-

42 USC Sec. 285g-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

Sec. 285g-1. Sudden infant death syndrome research

-STATUTE-

The Director of the Institute shall conduct and support research

which specifically relates to sudden infant death syndrome.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 449, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 856.)

-End-

-CITE-

42 USC Sec. 285g-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

Sec. 285g-2. Mental retardation research

-STATUTE-

The Director of the Institute shall conduct and support research

and related activities into the causes, prevention, and treatment

of mental retardation.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 450, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 856.)

-End-

-CITE-

42 USC Sec. 285g-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

Sec. 285g-3. Associate Director for Prevention; appointment;

function

-STATUTE-

There shall be in the Institute an Associate Director for

Prevention to coordinate and promote the programs in the Institute

concerning the prevention of health problems of mothers and

children. The Associate Director shall be appointed by the Director

of the Institute from individuals who because of their professional

training or experience are experts in public health or preventive

medicine.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 451, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 856; amended Pub. L.

105-362, title VI, Sec. 601(a)(1)(E), Nov. 10, 1998, 112 Stat.

3285.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-362 struck out subsec. (a) designation and

struck out subsec. (b) which read as follows: "The Associate

Director for Prevention shall prepare for inclusion in the biennial

report made under section 284b of this title a description of the

prevention activities of the Institute, including a description of

the staff and resources allocated to those activities."

-End-

-CITE-

42 USC Sec. 285g-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

Sec. 285g-4. National Center for Medical Rehabilitation Research

-STATUTE-

(a) Establishment of Center

There shall be in the Institute an agency to be known as the

National Center for Medical Rehabilitation Research (hereafter in

this section referred to as the "Center"). The Director of the

Institute shall appoint a qualified individual to serve as Director

of the Center. The Director of the Center shall report directly to

the Director of the Institute.

(b) Purpose

The general purpose of the Center is the conduct and support of

research and research training (including research on the

development of orthotic and prosthetic devices), the dissemination

of health information, and other programs with respect to the

rehabilitation of individuals with physical disabilities resulting

from diseases or disorders of the neurological, musculoskeletal,

cardiovascular, pulmonary, or any other physiological system

(hereafter in this section referred to as "medical

rehabilitation").

(c) Authority of Director

(1) In carrying out the purpose described in subsection (b) of

this section, the Director of the Center may -

(A) provide for clinical trials regarding medical

rehabilitation;

(B) provide for research regarding model systems of medical

rehabilitation;

(C) coordinate the activities of the Center with similar

activities of other agencies of the Federal Government, including

the other agencies of the National Institutes of Health, and with

similar activities of other public entities and of private

entities;

(D) support multidisciplinary medical rehabilitation research

conducted or supported by more than one such agency;

(E) in consultation with the advisory council for the Institute

and with the approval of the Director of NIH -

(i) establish technical and scientific peer review groups in

addition to those appointed under section 282(b)(6) of this

title; and

(ii) appoint the members of peer review groups established

under subparagraph (A); and

(F) support medical rehabilitation research and training

centers.

The Federal Advisory Committee Act shall not apply to the duration

of a peer review group appointed under subparagraph (E).

(2) In carrying out this section, the Director of the Center may

make grants and enter into cooperative agreements and contracts.

(d) Research Plan

(1) In consultation with the Director of the Center, the

coordinating committee established under subsection (e) of this

section, and the advisory board established under subsection (f) of

this section, the Director of the Institute shall develop a

comprehensive plan for the conduct and support of medical

rehabilitation research (hereafter in this section referred to as

the "Research Plan").

(2) The Research Plan shall -

(A) identify current medical rehabilitation research activities

conducted or supported by the Federal Government, opportunities

and needs for additional research, and priorities for such

research; and

(B) make recommendations for the coordination of such research

conducted or supported by the National Institutes of Health and

other agencies of the Federal Government.

(3)(A) Not later than 18 months after the date of the enactment

of the National Institutes of Health Revitalization Amendments of

1990, the Director of the Institute shall transmit the Research

Plan to the Director of NIH, who shall submit the Plan to the

President and the Congress.

(B) Subparagraph (A) shall be carried out independently of the

process of reporting that is required in sections 283 and 284b of

this title.

(4) The Director of the Institute shall periodically revise and

update the Research Plan as appropriate, after consultation with

the Director of the Center, the coordinating committee established

under subsection (e) of this section, and the advisory board

established under subsection (f) of this section. A description of

any revisions in the Research Plan shall be contained in each

report prepared under section 284b of this title by the Director of

the Institute.

(e) Medical Rehabilitation Coordinating Committee

(1) The Director of NIH shall establish a committee to be known

as the Medical Rehabilitation Coordinating Committee (hereafter in

this section referred to as the "Coordinating Committee").

(2) The Coordinating Committee shall make recommendations to the

Director of the Institute and the Director of the Center with

respect to the content of the Research Plan and with respect to the

activities of the Center that are carried out in conjunction with

other agencies of the National Institutes of Health and with other

agencies of the Federal Government.

(3) The Coordinating Committee shall be composed of the Director

of the Center, the Director of the Institute, and the Directors of

the National Institute on Aging, the National Institute of

Arthritis and Musculoskeletal and Skin Diseases, the National

Heart, Lung, and Blood Institute, the National Institute of

Neurological Disorders and Stroke, and such other national research

institutes and such representatives of other agencies of the

Federal Government as the Director of NIH determines to be

appropriate.

(4) The Coordinating Committee shall be chaired by the Director

of the Center.

(f) National Advisory Board on Medical Rehabilitation Research

(1) Not later than 90 days after the date of the enactment of the

National Institutes of Health Revitalization Amendments of 1990,

the Director of NIH shall establish a National Advisory Board on

Medical Rehabilitation Research (hereafter in this section referred

to as the "Advisory Board").

(2) The Advisory Board shall review and assess Federal research

priorities, activities, and findings regarding medical

rehabilitation research, and shall advise the Director of the

Center and the Director of the Institute on the provisions of the

Research Plan.

(3)(A) The Director of NIH shall appoint to the Advisory Board 18

qualified representatives of the public who are not officers or

employees of the Federal Government. Of such members, 12 shall be

representatives of health and scientific disciplines with respect

to medical rehabilitation and 6 shall be individuals representing

the interests of individuals undergoing, or in need of, medical

rehabilitation.

(B) The following officials shall serve as ex officio members of

the Advisory Board:

(i) The Director of the Center.

(ii) The Director of the Institute.

(iii) The Director of the National Institute on Aging.

(iv) The Director of the National Institute of Arthritis and

Musculoskeletal and Skin Diseases.

(v) The Director of the National Institute on Deafness and

Other Communication Disorders.

(vi) The Director of the National Heart, Lung, and Blood

Institute.

(vii) The Director of the National Institute of Neurological

Disorders and Stroke.

(viii) The Director of the National Institute on Disability and

Rehabilitation Research.

(ix) The Commissioner for Rehabilitation Services

Administration.

(x) The Assistant Secretary of Defense (Health Affairs).

(xi) The Under Secretary for Health of the Department of

Veterans Affairs.

(4) The members of the Advisory Board shall, from among the

members appointed under paragraph (3)(A), designate an individual

to serve as the chair of the Advisory Board.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 452, as added Pub. L.

101-613, Sec. 3(a), Nov. 16, 1990, 104 Stat. 3227; amended Pub. L.

102-405, title III, Sec. 302(e)(1), Oct. 9, 1992, 106 Stat. 1985.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(c)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

The date of the enactment of the National Institutes of Health

Revitalization Amendments of 1990, referred to in subsecs.

(d)(3)(A) and (f)(1), probably means the date of enactment of the

National Institutes of Health Amendments of 1990, Pub. L. 101-613,

which was approved Nov. 16, 1990.

-MISC1-

AMENDMENTS

1992 - Subsec. (f)(3)(B)(xi). Pub. L. 102-405 substituted "Under

Secretary for Health of the Department of Veterans Affairs" for

"Chief Medical Director of the Department of Veterans Affairs".

PREVENTING DUPLICATIVE PROGRAMS OF MEDICAL REHABILITATION RESEARCH

Section 3(b) of Pub. L. 101-613 provided that:

"(1) In general. - The Secretary of Health and Human Services and

the heads of other Federal agencies shall -

"(A) jointly review the programs being carried out (or proposed

to be carried out) by each such official with respect to medical

rehabilitation research; and

"(B) as appropriate, enter into agreements for preventing

duplication among such programs.

"(2) Time for completion. - The agreements required in paragraph

(1)(B) shall be made not later than one year after the date of the

enactment of this Act [Nov. 16, 1990].

"(3) Definition of medical rehabilitation. - For purposes of this

subsection, the term 'medical rehabilitation' means the

rehabilitation of individuals with physical disabilities resulting

from diseases or disorders of the neurological, musculoskeletal,

cardiovascular, pulmonary, or any other physiological system."

TERMINATION OF ADVISORY BOARDS

Advisory boards 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 board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by Congress, its duration is otherwise provided by law.

See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.

770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

Pub. L. 93-641, Sec. 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.

-End-

-CITE-

42 USC Sec. 285g-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

Sec. 285g-5. Research centers with respect to contraception and

infertility

-STATUTE-

(a) Grants and contracts

The Director of the Institute, after consultation with the

advisory council for the Institute, shall make grants to, or enter

into contracts with, public or nonprofit private entities for the

development and operation of centers to conduct activities for the

purpose of improving methods of contraception and centers to

conduct activities for the purpose of improving methods of

diagnosis and treatment of infertility.

(b) Number of centers

In carrying out subsection (a) of this section, the Director of

the Institute shall, subject to the extent of amounts made

available in appropriations Acts, provide for the establishment of

three centers with respect to contraception and for two centers

with respect to infertility.

(c) Duties

(1) Each center assisted under this section shall, in carrying

out the purpose of the center involved -

(A) conduct clinical and other applied research, including -

(i) for centers with respect to contraception, clinical

trials of new or improved drugs and devices for use by males

and females (including barrier methods); and

(ii) for centers with respect to infertility, clinical trials

of new or improved drugs and devices for the diagnosis and

treatment of infertility in males and females;

(B) develop protocols for training physicians, scientists,

nurses, and other health and allied health professionals;

(C) conduct training programs for such individuals;

(D) develop model continuing education programs for such

professionals; and

(E) disseminate information to such professionals and the

public.

(2) A center may use funds provided under subsection (a) of this

section to provide stipends for health and allied health

professionals enrolled in programs described in subparagraph (C) of

paragraph (1), and to provide fees to individuals serving as

subjects in clinical trials conducted under such paragraph.

(d) Coordination of information

The Director of the Institute shall, as appropriate, provide for

the coordination of information among the centers assisted under

this section.

(e) Facilities

Each center assisted under subsection (a) of this section shall

use the facilities of a single institution, or be formed from a

consortium of cooperating institutions, meeting such requirements

as may be prescribed by the Director of the Institute.

(f) Period of support

Support of a center under subsection (a) of this section may be

for a period not exceeding 5 years. Such period may be extended for

one or more additional periods not exceeding 5 years if the

operations of such center have been reviewed by an appropriate

technical and scientific peer review group established by the

Director and if such group has recommended to the Director that

such period should be extended.

(g) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated $30,000,000 for fiscal year 1994, and

such sums as may be necessary for each of the fiscal years 1995 and

1996.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 452A, as added Pub. L.

103-43, title X, Sec. 1001, June 10, 1993, 107 Stat. 165.)

-End-

-CITE-

42 USC Sec. 285g-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

Sec. 285g-6. Program regarding obstetrics and gynecology

-STATUTE-

The Director of the Institute shall establish and maintain within

the Institute an intramural laboratory and clinical research

program in obstetrics and gynecology.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 452B, as added Pub. L.

103-43, title X, Sec. 1011, June 10, 1993, 107 Stat. 166.)

-End-

-CITE-

42 USC Sec. 285g-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

Sec. 285g-7. Child health research centers

-STATUTE-

The Director of the Institute shall develop and support centers

for conducting research with respect to child health. Such centers

shall give priority to the expeditious transfer of advances from

basic science to clinical applications and improving the care of

infants and children.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 452C, as added Pub. L.

103-43, title X, Sec. 1021, June 10, 1993, 107 Stat. 167.)

-End-

-CITE-

42 USC Sec. 285g-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

Sec. 285g-8. Prospective longitudinal study on adolescent health

-STATUTE-

(a) In general

Not later than October 1, 1993, the Director of the Institute

shall commence a study for the purpose of providing information on

the general health and well-being of adolescents in the United

States, including, with respect to such adolescents, information on

-

(1) the behaviors that promote health and the behaviors that

are detrimental to health; and

(2) the influence on health of factors particular to the

communities in which the adolescents reside.

(b) Design of study

(1) In general

The study required in subsection (a) of this section shall be a

longitudinal study in which a substantial number of adolescents

participate as subjects. With respect to the purpose described in

such subsection, the study shall monitor the subjects throughout

the period of the study to determine the health status of the

subjects and any change in such status over time.

(2) Population-specific analyses

The study required in subsection (a) of this section shall be

conducted with respect to the population of adolescents who are

female, the population of adolescents who are male, various

socioeconomic populations of adolescents, and various racial and

ethnic populations of adolescents. The study shall be designed

and conducted in a manner sufficient to provide for a valid

analysis of whether there are significant differences among such

populations in health status and whether and to what extent any

such differences are due to factors particular to the populations

involved.

(c) Coordination with Women's Health Initiative

With respect to the national study of women being conducted by

the Secretary and known as the Women's Health Initiative, the

Secretary shall ensure that such study is coordinated with the

component of the study required in subsection (a) of this section

that concerns adolescent females, including coordination in the

design of the 2 studies.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 452D, as added Pub. L.

103-43, title X, Sec. 1031, June 10, 1993, 107 Stat. 167.)

-End-

-CITE-

42 USC Sec. 285g-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

Sec. 285g-9. Fragile X

-STATUTE-

(a) Expansion and coordination of research activities

The Director of the Institute, after consultation with the

advisory council for the Institute, shall expand, intensify, and

coordinate the activities of the Institute with respect to research

on the disease known as fragile X.

(b) Research centers

(1) In general

The Director of the Institute shall make grants or enter into

contracts for the development and operation of centers to conduct

research for the purposes of improving the diagnosis and

treatment of, and finding the cure for, fragile X.

(2) Number of centers

(A) In general

In carrying out paragraph (1), the Director of the Institute

shall, to the extent that amounts are appropriated, and subject

to subparagraph (B), provide for the establishment of at least

three fragile X research centers.

(B) Peer review requirement

The Director of the Institute shall make a grant to, or enter

into a contract with, an entity for purposes of establishing a

center under paragraph (1) only if the grant or contract has

been recommended after technical and scientific peer review

required by regulations under section 289a of this title.

(3) Activities

The Director of the Institute, with the assistance of centers

established under paragraph (1), shall conduct and support basic

and biomedical research into the detection and treatment of

fragile X.

(4) Coordination among centers

The Director of the Institute shall, as appropriate, provide

for the coordination of the activities of the centers assisted

under this section, including providing for the exchange of

information among the centers.

(5) Certain administrative requirements

Each center assisted under paragraph (1) shall use the

facilities of a single institution, or be formed from a

consortium of cooperating institutions, meeting such requirements

as may be prescribed by the Director of the Institute.

(6) Duration of support

Support may be provided to a center under paragraph (1) for a

period not exceeding 5 years. Such period may be extended for one

or more additional periods, each of which may not exceed 5 years,

if the operations of such center have been reviewed by an

appropriate technical and scientific peer review group

established by the Director and if such group has recommended to

the Director that such period be extended.

(7) Authorization of appropriations

For the purpose of carrying out this subsection, there are

authorized to be appropriated such sums as may be necessary for

each of the fiscal years 2001 through 2005.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 452E, as added Pub. L.

106-310, div. A, title II, Sec. 201, Oct. 17, 2000, 114 Stat.

1109.)

-End-

-CITE-

42 USC Sec. 285g-10 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 7 - national institute of child health and human development

-HEAD-

Sec. 285g-10. Investment in tomorrow's pediatric researchers

-STATUTE-

(a) Enhanced support

In order to ensure the future supply of researchers dedicated to

the care and research needs of children, the Director of the

Institute, after consultation with the Administrator of the Health

Resources and Services Administration, shall support activities to

provide for -

(1) an increase in the number and size of institutional

training grants to institutions supporting pediatric training;

and

(2) an increase in the number of career development awards for

health professionals who intend to build careers in pediatric

basic and clinical research.

(b) Authorization

For the purpose of carrying out subsection (a) of this section,

there are authorized to be appropriated such sums as may be

necessary for each of the fiscal years 2001 through 2005.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 452G, as added Pub. L.

106-310, div. A, title X, Sec. 1002(a), Oct. 17, 2000, 114 Stat.

1128.)

-End-

-CITE-

42 USC subpart 8 - national institute of dental research 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 8 - national institute of dental research

-HEAD-

SUBPART 8 - NATIONAL INSTITUTE OF DENTAL RESEARCH

-End-

-CITE-

42 USC Sec. 285h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 8 - national institute of dental research

-HEAD-

Sec. 285h. Purpose of Institute

-STATUTE-

The general purpose of the National Institute of Dental Research

is the conduct and support of research, training, health

information dissemination, and other programs with respect to the

cause, prevention, and methods of diagnosis and treatment of dental

and oral diseases and conditions.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 453, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 856.)

-End-

-CITE-

42 USC subpart 9 - national eye institute 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 9 - national eye institute

-HEAD-

SUBPART 9 - NATIONAL EYE INSTITUTE

-End-

-CITE-

42 USC Sec. 285i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 9 - national eye institute

-HEAD-

Sec. 285i. Purpose of Institute

-STATUTE-

The general purpose of the National Eye Institute (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 blinding eye diseases, visual

disorders, mechanisms of visual function, preservation of sight,

and the special health problems and requirements of the blind.

Subject to section 285i-1 of this title, the Director of the

Institute may carry out a program of grants for public and private

nonprofit vision research facilities.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 455, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 856; amended Pub. L.

103-43, title XI, Sec. 1101(b), June 10, 1993, 107 Stat. 169.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43 substituted "Subject to section 285i-1 of

this title, the Director" for "The Director" in second sentence.

-End-

-CITE-

42 USC Sec. 285i-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 9 - national eye institute

-HEAD-

Sec. 285i-1. Clinical research on eye care and diabetes

-STATUTE-

(a) Program of grants

The Director of the Institute, in consultation with the advisory

council for the Institute, may award research grants to one or more

Diabetes Eye Research Institutions for the support of programs in

clinical or health services aimed at -

(1) providing comprehensive eye care services for people with

diabetes, including a full complement of preventive, diagnostic

and treatment procedures;

(2) developing new and improved techniques of patient care

through basic and clinical research;

(3) assisting in translation of the latest research advances

into clinical practice; and

(4) expanding the knowledge of the eye and diabetes through

further research.

(b) Use of funds

Amounts received under a grant awarded under this section shall

be used for the following:

(1) Establishing the biochemical, cellular, and genetic

mechanisms associated with diabetic eye disease and the earlier

detection of pending eye abnormalities. The focus of work under

this paragraph shall require that ophthalmologists have training

in the most up-to-date molecular and cell biological methods.

(2) Establishing new frontiers in technology, such as

video-based diagnostic and research resources, to -

(A) provide improved patient care;

(B) provide for the evaluation of retinal physiology and its

affect on diabetes; and

(C) provide for the assessment of risks for the development

and progression of diabetic eye disease and a more immediate

evaluation of various therapies aimed at preventing diabetic

eye disease.

Such technologies shall be designed to permit evaluations to be

performed both in humans and in animal models.

(3) The translation of the results of vision research into the

improved care of patients with diabetic eye disease. Such

translation shall require the application of institutional

resources that encompass patient care, clinical research and

basic laboratory research.

(4) The conduct of research concerning the outcomes of eye care

treatments and eye health education programs as they relate to

patients with diabetic eye disease, including the evaluation of

regional approaches to such research.

(c) Authorized expenditures

The purposes for which a grant under subsection (a) of this

section may be expended include equipment for the research

described in such subsection.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 456, as added Pub. L.

103-43, title XI, Sec. 1101(a), June 10, 1993, 107 Stat. 168.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 285i of this title.

-End-

-CITE-

42 USC subpart 10 - national institute of neurological

disorders and stroke 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 10 - national institute of neurological disorders and stroke

-HEAD-

SUBPART 10 - NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND

STROKE

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-553, Sec. 2(2), Oct. 28, 1988, 102 Stat. 2769,

and Pub. L. 100-607, title I, Sec. 101(2), Nov. 4, 1988, 102 Stat.

3049, made identical amendments to subpart heading, substituting

"Neurological Disorders" for "Neurological and Communicative

Disorders". Pub. L. 100-690, title II, Sec. 2613(b)(2), Nov. 18,

1988, 102 Stat. 4238, amended subpart heading to read as if the

amendment by Pub. L. 100-607 had not been enacted.

-End-

-CITE-

42 USC Sec. 285j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 10 - national institute of neurological disorders and stroke

-HEAD-

Sec. 285j. Purpose of Institute

-STATUTE-

The general purpose of the National Institute of Neurological

Disorders and Stroke (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 neurological disease and disorder and stroke.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 457, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 857; amended Pub. L.

100-553, Sec. 2(3), Oct. 28, 1988, 102 Stat. 2769; Pub. L. 100-607,

title I, Sec. 101(3), Nov. 4, 1988, 102 Stat. 3049; Pub. L.

100-690, title II, Sec. 2613(b)(2), Nov. 18, 1988, 102 Stat. 4238;

Pub. L. 101-93, Sec. 5(a), Aug. 16, 1989, 103 Stat. 611.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-93 substituted "disease and" for "disease and

and".

1988 - Pub. L. 100-553 and Pub. L. 100-607 made identical

amendments, substituting "Neurological Disorders" for "Neurological

and Communicative Disorders" and "and disorder and stroke" for

"disorder, stroke, and disorders of human communication". Pub. L.

100-690 amended this section to read as if the amendments by Pub.

L. 100-607 had not been enacted.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date of amendment by Pub. L. 100-690, see section

2613(b)(1) of Pub. L. 100-690, set out as an Effect of Enactment of

Similar Provisions note under section 285m of this title.

-End-

-CITE-

42 USC Sec. 285j-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 10 - national institute of neurological disorders and stroke

-HEAD-

Sec. 285j-1. Spinal cord regeneration research

-STATUTE-

The Director of the Institute shall conduct and support research

into spinal cord regeneration.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 458, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 857.)

-MISC1-

INTERAGENCY COMMITTEE ON SPINAL CORD INJURY

Section 7 of Pub. L. 99-158 provided that:

"(a) Establishment. - Within 90 days after the date of enactment

of this Act [Nov. 20, 1985], the Secretary of Health and Human

Services shall establish in the National Institute of Neurological

and Communicative Diseases and Stroke an Interagency Committee on

Spinal Cord Injury (hereafter in this section referred to as the

'Interagency Committee'). The Interagency Committee shall plan,

develop, coordinate, and implement comprehensive Federal

initiatives in research on spinal cord injury and regeneration.

"(b) Committee Composition and Meetings. - (1) The Interagency

Committee shall consist of representatives from -

"(A) the National Institute on Neurological and Communicative

Disorders and Stroke;

"(B) the Department of Defense;

"(C) the Department of Education;

"(D) the Veterans' Administration;

"(E) the Office of Science and Technology Policy; and

"(F) the National Science Foundation;

designated by the heads of such entities.

"(2) The Interagency Committee shall meet at least four times.

The Secretary of Health and Human Services shall select the

Chairman of the Interagency Committee from the members of the

Interagency Committee.

"(c) Report. - Within the 18 months after the date of enactment

of this Act [Nov. 20, 1985], the Interagency Committee shall

prepare and transmit to the Congress a report concerning its

activities under this section. The report shall include a

description of research projects on spinal cord injury and

regeneration conducted or supported by Federal agencies during such

18-month period, the nature and purpose of each such project, the

amounts expended for each such project, and an identification of

the entity which conducted the research under each such project.

"(d) Termination. - The Interagency Committee shall terminate 90

days after the date on which the Interagency Committee transmits

the report required by subsection (c) to the Congress."

-End-

-CITE-

42 USC Sec. 285j-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 10 - national institute of neurological disorders and stroke

-HEAD-

Sec. 285j-2. Bioengineering research

-STATUTE-

The Director of the Institute shall make grants or enter into

contracts for research on the means to overcome paralysis of the

extremities through electrical stimulation and the use of

computers.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 459, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 857.)

-End-

-CITE-

42 USC Sec. 285j-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 10 - national institute of neurological disorders and stroke

-HEAD-

Sec. 285j-3. Research on multiple sclerosis

-STATUTE-

The Director of the Institute shall conduct and support research

on multiple sclerosis, especially research on effects of genetics

and hormonal changes on the progress of the disease.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 460, as added Pub. L.

103-43, title XII, Sec. 1201, June 10, 1993, 107 Stat. 169.)

-End-

-CITE-

42 USC subpart 11 - national institute of general medical

sciences 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 11 - national institute of general medical sciences

-HEAD-

SUBPART 11 - NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

-End-

-CITE-

42 USC Sec. 285k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 11 - national institute of general medical sciences

-HEAD-

Sec. 285k. Purpose of Institute

-STATUTE-

The general purpose of the National Institute of General Medical

Sciences is the conduct and support of research, training, and, as

appropriate, health information dissemination, and other programs

with respect to general or basic medical sciences and related

natural or behavioral sciences which have significance for two or

more other national research institutes or are outside the general

area of responsibility of any other national research institute.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 461, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 857.)

-End-

-CITE-

42 USC subpart 12 - national institute of environmental

health sciences 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 12 - national institute of environmental health sciences

-HEAD-

SUBPART 12 - NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

-End-

-CITE-

42 USC Sec. 285l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 12 - national institute of environmental health sciences

-HEAD-

Sec. 285l. Purpose of Institute

-STATUTE-

The general purpose of the National Institute of Environmental

Health Sciences (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 factors in the

environment that affect human health, directly or indirectly.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 463, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 857; amended Pub. L.

103-43, title XIII, Sec. 1301(b), June 10, 1993, 107 Stat. 170.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43 inserted "(in this subpart referred to as

the 'Institute')" after "Sciences".

-End-

-CITE-

42 USC Sec. 285l-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 12 - national institute of environmental health sciences

-HEAD-

Sec. 285l-1. Applied Toxicological Research and Testing Program

-STATUTE-

(a) There is established within the Institute a program for

conducting applied research and testing regarding toxicology, which

program shall be known as the Applied Toxicological Research and

Testing Program.

(b) In carrying out the program established under subsection (a)

of this section, the Director of the Institute shall, with respect

to toxicology, carry out activities -

(1) to expand knowledge of the health effects of environmental

agents;

(2) to broaden the spectrum of toxicology information that is

obtained on selected chemicals;

(3) to develop and validate assays and protocols, including

alternative methods that can reduce or eliminate the use of

animals in acute or chronic safety testing;

(4) to establish criteria for the validation and regulatory

acceptance of alternative testing and to recommend a process

through which scientifically validated alternative methods can be

accepted for regulatory use;

(5) to communicate the results of research to government

agencies, to medical, scientific, and regulatory communities, and

to the public; and

(6) to integrate related activities of the Department of Health

and Human Services.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 463A, as added Pub. L.

103-43, title XIII, Sec. 1301(a), June 10, 1993, 107 Stat. 169.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 285l-3 of this title.

-End-

-CITE-

42 USC Sec. 285l-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 12 - national institute of environmental health sciences

-HEAD-

Sec. 285l-2. Definitions

-STATUTE-

In sections 285l-2 to 285l-5 of this title:

(1) Alternative test method

The term "alternative test method" means a test method that -

(A) includes any new or revised test method; and

(B)(i) reduces the number of animals required;

(ii) refines procedures to lessen or eliminate pain or

distress to animals, or enhances animal well-being; or

(iii) replaces animals with non-animal systems or one animal

species with a phylogenetically lower animal species, such as

replacing a mammal with an invertebrate.

(2) ICCVAM test recommendation

The term "ICCVAM test recommendation" means a summary report

prepared by the ICCVAM characterizing the results of a scientific

expert peer review of a test method.

-SOURCE-

(Pub. L. 106-545, Sec. 2, Dec. 19, 2000, 114 Stat. 2721.)

-COD-

CODIFICATION

Section was enacted as part of the ICCVAM Authorization Act of

2000, and not as part of the Public Health Service Act which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 285l-3, 285l-5 of this

title.

-End-

-CITE-

42 USC Sec. 285l-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 12 - national institute of environmental health sciences

-HEAD-

Sec. 285l-3. Interagency Coordinating Committee on the Validation

of Alternative Methods

-STATUTE-

(a) In general

With respect to the interagency coordinating committee that is

known as the Interagency Coordinating Committee on the Validation

of Alternative Methods (referred to in sections 285l-2 to 285l-5 of

this title as "ICCVAM") and that was established by the Director of

the National Institute of Environmental Health Sciences for

purposes of section 285l-1(b) of this title, the Director of the

Institute shall designate such committee as a permanent interagency

coordinating committee of the Institute under the National

Toxicology Program Interagency Center for the Evaluation of

Alternative Toxicological Methods. Sections 285l-2 to 285l-5 of

this title may not be construed as affecting the authorities of

such Director regarding ICCVAM that were in effect on the day

before December 19, 2000, except to the extent inconsistent with

sections 285l-2 to 285l-5 of this title.

(b) Purposes

The purposes of the ICCVAM shall be to -

(1) increase the efficiency and effectiveness of Federal agency

test method review;

(2) eliminate unnecessary duplicative efforts and share

experiences between Federal regulatory agencies;

(3) optimize utilization of scientific expertise outside the

Federal Government;

(4) ensure that new and revised test methods are validated to

meet the needs of Federal agencies; and

(5) reduce, refine, or replace the use of animals in testing,

where feasible.

(c) Composition

The ICCVAM shall be composed of the heads of the following

Federal agencies (or their designees):

(1) Agency for Toxic Substances and Disease Registry.

(2) Consumer Product Safety Commission.

(3) Department of Agriculture.

(4) Department of Defense.

(5) Department of Energy.

(6) Department of the Interior.

(7) Department of Transportation.

(8) Environmental Protection Agency.

(9) Food and Drug Administration.

(10) National Institute for Occupational Safety and Health.

(11) National Institutes of Health.

(12) National Cancer Institute.

(13) National Institute of Environmental Health Sciences.

(14) National Library of Medicine.

(15) Occupational Safety and Health Administration.

(16) Any other agency that develops, or employs tests or test

data using animals, or regulates on the basis of the use of

animals in toxicity testing.

(d) Scientific Advisory Committee

(1) Establishment

The Director of the National Institute of Environmental Health

Sciences shall establish a Scientific Advisory Committee

(referred to in sections 285l-2 to 285l-5 of this title as the

"SAC") to advise ICCVAM and the National Toxicology Program

Interagency Center for the Evaluation of Alternative

Toxicological Methods regarding ICCVAM activities. The activities

of the SAC shall be subject to provisions of the Federal Advisory

Committee Act.

(2) Membership

(A) In general

The SAC shall be composed of the following voting members:

(i) At least one knowledgeable representative having a

history of expertise, development, or evaluation of new or

revised or alternative test methods from each of -

(I) the personal care, pharmaceutical, industrial

chemicals, or agriculture industry;

(II) any other industry that is regulated by the Federal

agencies specified in subsection (c) of this section; and

(III) a national animal protection organization

established under section 501(c)(3) of title 26.

(ii) Representatives (selected by the Director of the

National Institute of Environmental Health Sciences) from an

academic institution, a State government agency, an

international regulatory body, or any corporation developing

or marketing new or revised or alternative test

methodologies, including contract laboratories.

(B) Nonvoting ex officio members

The membership of the SAC shall, in addition to voting

members under subparagraph (A), include as nonvoting ex officio

members the agency heads specified in subsection (c) of this

section (or their designees).

(e) Duties

The ICCVAM shall, consistent with the purposes described in

subsection (b) of this section, carry out the following functions:

(1) Review and evaluate new or revised or alternative test

methods, including batteries of tests and test screens, that may

be acceptable for specific regulatory uses, including the

coordination of technical reviews of proposed new or revised or

alternative test methods of interagency interest.

(2) Facilitate appropriate interagency and international

harmonization of acute or chronic toxicological test protocols

that encourage the reduction, refinement, or replacement of

animal test methods.

(3) Facilitate and provide guidance on the development of

validation criteria, validation studies and processes for new or

revised or alternative test methods and help facilitate the

acceptance of such scientifically valid test methods and

awareness of accepted test methods by Federal agencies and other

stakeholders.

(4) Submit ICCVAM test recommendations for the test method

reviewed by the ICCVAM, through expeditious transmittal by the

Secretary of Health and Human Services (or the designee of the

Secretary), to each appropriate Federal agency, along with the

identification of specific agency guidelines, recommendations, or

regulations for a test method, including batteries of tests and

test screens, for chemicals or class of chemicals within a

regulatory framework that may be appropriate for scientific

improvement, while seeking to reduce, refine, or replace animal

test methods.

(5) Consider for review and evaluation, petitions received from

the public that -

(A) identify a specific regulation, recommendation, or

guideline regarding a regulatory mandate; and

(B) recommend new or revised or alternative test methods and

provide valid scientific evidence of the potential of the test

method.

(6) Make available to the public final ICCVAM test

recommendations to appropriate Federal agencies and the responses

from the agencies regarding such recommendations.

(7) Prepare reports to be made available to the public on its

progress under sections 285l-2 to 285l-5 of this title. The first

report shall be completed not later than 12 months after December

19, 2000, and subsequent reports shall be completed biennially

thereafter.

-SOURCE-

(Pub. L. 106-545, Sec. 3, Dec. 19, 2000, 114 Stat. 2721.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(d)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-COD-

CODIFICATION

Section was enacted as part of the ICCVAM Authorization Act of

2000, and not as part of the Public Health Service Act which

comprises this chapter.

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees 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 committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

Pub. L. 93-641, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 285l-2, 285l-5 of this

title.

-End-

-CITE-

42 USC Sec. 285l-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 12 - national institute of environmental health sciences

-HEAD-

Sec. 285l-4. Federal agency action

-STATUTE-

(a) Identification of tests

With respect to each Federal agency carrying out a program that

requires or recommends acute or chronic toxicological testing, such

agency shall, not later than 180 days after receiving an ICCVAM

test recommendation, identify and forward to the ICCVAM any

relevant test method specified in a regulation or industry-wide

guideline which specifically, or in practice requires, recommends,

or encourages the use of an animal acute or chronic toxicological

test method for which the ICCVAM test recommendation may be added

or substituted.

(b) Alternatives

Each Federal agency carrying out a program described in

subsection (a) of this section shall promote and encourage the

development and use of alternatives to animal test methods

(including batteries of tests and test screens), where appropriate,

for the purpose of complying with Federal statutes, regulations,

guidelines, or recommendations (in each instance, and for each

chemical class) if such test methods are found to be effective for

generating data, in an amount and of a scientific value that is at

least equivalent to the data generated from existing tests, for

hazard identification, dose-response assessment, or risk assessment

purposes.

(c) Test method validation

Each Federal agency carrying out a program described in

subsection (a) of this section shall ensure that any new or revised

acute or chronic toxicity test method, including animal test

methods and alternatives, is determined to be valid for its

proposed use prior to requiring, recommending, or encouraging the

application of such test method.

(d) Review

Not later than 180 days after receipt of an ICCVAM test

recommendation, a Federal agency carrying out a program described

in subsection (a) of this section shall review such recommendation

and notify the ICCVAM in writing of its findings.

(e) Recommendation adoption

Each Federal agency carrying out a program described in

subsection (a) of this section, or its specific regulatory unit or

units, shall adopt the ICCVAM test recommendation unless such

Federal agency determines that -

(1) the ICCVAM test recommendation is not adequate in terms of

biological relevance for the regulatory goal authorized by that

agency, or mandated by Congress;

(2) the ICCVAM test recommendation does not generate data, in

an amount and of a scientific value that is at least equivalent

to the data generated prior to such recommendation, for the

appropriate hazard identification, dose-response assessment, or

risk assessment purposes as the current test method recommended

or required by that agency;

(3) the agency does not employ, recommend, or require testing

for that class of chemical or for the recommended test endpoint;

or

(4) the ICCVAM test recommendation is unacceptable for

satisfactorily fulfilling the test needs for that particular

agency and its respective congressional mandate.

-SOURCE-

(Pub. L. 106-545, Sec. 4, Dec. 19, 2000, 114 Stat. 2723.)

-COD-

CODIFICATION

Section was enacted as part of the ICCVAM Authorization Act of

2000, and not as part of the Public Health Service Act which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 285l-2, 285l-3, 285l-5 of

this title.

-End-

-CITE-

42 USC Sec. 285l-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 12 - national institute of environmental health sciences

-HEAD-

Sec. 285l-5. Application

-STATUTE-

(a) Application

Sections 285l-2 to 285l-5 of this title shall not apply to

research, including research performed using biotechnology

techniques, or research related to the causes, diagnosis,

treatment, control, or prevention of physical or mental diseases or

impairments of humans or animals.

(b) Use of test methods

Nothing in sections 285l-2 to 285l-5 of this title shall prevent

a Federal agency from retaining final authority for incorporating

the test methods recommended by the ICCVAM in the manner determined

to be appropriate by such Federal agency or regulatory body.

(c) Limitation

Nothing in sections 285l-2 to 285l-5 of this title shall be

construed to require a manufacturer that is currently not required

to perform animal testing to perform such tests. Nothing in

sections 285l-2 to 285l-5 of this title shall be construed to

require a manufacturer to perform redundant endpoint specific

testing.

(d) Submission of tests and data

Nothing in sections 285l-2 to 285l-5 of this title precludes a

party from submitting a test method or scientific data directly to

a Federal agency for use in a regulatory program.

-SOURCE-

(Pub. L. 106-545, Sec. 5, Dec. 19, 2000, 114 Stat. 2724.)

-COD-

CODIFICATION

Section was enacted as part of the ICCVAM Authorization Act of

2000, and not as part of the Public Health Service Act which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 285l-2, 285l-3 of this

title.

-End-

-CITE-

42 USC subpart 13 - national institute on deafness and

other communication disorders 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 13 - national institute on deafness and other communication

disorders

-HEAD-

SUBPART 13 - NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

-End-

-CITE-

42 USC Sec. 285m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 13 - national institute on deafness and other communication

disorders

-HEAD-

Sec. 285m. Purpose of Institute

-STATUTE-

The general purpose of the National Institute on Deafness and

Other Communication Disorders (hereafter referred to in this

subpart as the "Institute") is the conduct and support of research

and training, the dissemination of health information, and other

programs with respect to disorders of hearing and other

communication processes, including diseases affecting hearing,

balance, voice, speech, language, taste, and smell.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464, as added Pub. L.

100-553, Sec. 2(4), Oct. 28, 1988, 102 Stat. 2769, and Pub. L.

100-607, title I, Sec. 101(4), Nov. 4, 1988, 102 Stat. 3049;

amended Pub. L. 100-690, title II, Sec. 2613(b)(2), Nov. 18, 1988,

102 Stat. 4238.)

-COD-

CODIFICATION

Pub. L. 100-553 and Pub. L. 100-607 contained identical

provisions enacting this section. See 1988 Amendment note below.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690 amended this section to read as if the

amendments made by Pub. L. 100-607, which enacted this section, had

not been enacted. See Codification note above.

SHORT TITLE OF 1988 AMENDMENT

For short title of Pub. L. 100-553 which enacted this subpart and

amended sections 281 and 285j of this title as the "National

Deafness and Other Communication Disorders Act of 1988", see

section 1 of Pub. L. 100-553, set out as a note under section 201

of this title.

EFFECT OF ENACTMENT OF SIMILAR PROVISIONS

Section 2613(b) of Pub. L. 100-690 provided that:

"(1) Paragraphs (2) and (3) shall take effect immediately after

the enactment of both the bill, S. 1727, of the One Hundredth

Congress [Pub. L. 100-553, approved Oct. 28, 1988], and the Health

Omnibus Programs Extension of 1988 [Pub. L. 100-607, approved Nov.

4, 1988].

"(2)(A) The provisions of the Public Health Service Act referred

to in subparagraph (B), as similarly amended by the enactment of

the bill, S. 1727, of the One Hundredth Congress, by subtitle A of

title I of the Health Omnibus Programs Extension of 1988, and by

subsection (a)(1) of this section, are amended to read as if the

amendments made by such subtitle A and such subsection (a)(1) had

not been enacted.

"(B) The provisions of the Public Health Service Act referred to

in subparagraph (A) are -

"(A) sections 401(b)(1) and 457 [sections 281(b)(1) and 285j of

this title];

"(B) part C of title IV [this part]; and

"(C) the heading for subpart 10 of such part C [42 U.S.C. prec.

285j].

"(3) Subsection (a)(2) of this section [set out below] is

repealed."

TRANSITIONAL AND SAVINGS PROVISIONS

Section 3 of Pub. L. 100-553 provided that:

"(a) Transfer of Personnel, Assets, and Liabilities. - Personnel

employed by the National Institutes of Health in connection with

the functions vested under section 2 [enacting this subpart and

amending sections 281 and 285j of this title] in the Director of

the National Institute on Deafness and Other Communication

Disorders, and assets, property, contracts, liabilities, records,

unexpended balances of appropriations, authorizations, allocations,

and other funds of the National Institutes of Health, arising from

or employed, held, used, available to, or to be made available, in

connection with such functions shall be transferred to the Director

for appropriate allocation. Unexpended funds transferred under this

subsection shall be used only for the purposes for which the funds

were originally authorized and appropriated.

"(b) Savings Provisions. - With respect to functions vested under

section 1 [probably means section 2, enacting this subpart and

amending sections 281 and 285j of this title] in the Director of

the National Institute on Deafness and Other Communication

Disorders, all orders, rules, regulations, grants, contracts,

certificates, licenses, privileges, and other determinations,

actions, or official documents, that have been issued, made,

granted, or allowed to become effective, and that are effective on

the date of the enactment of this Act [Oct. 28, 1988], shall

continue in effect according to their terms unless changed pursuant

to law."

Section 2612(a)(2) of Pub. L. 100-690, which enacted provisions

that were substantially identical to the transitional and savings

provisions above, was repealed by section 2613(b)(3) of Pub. L.

100-690.

-End-

-CITE-

42 USC Sec. 285m-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 13 - national institute on deafness and other communication

disorders

-HEAD-

Sec. 285m-1. National Deafness and Other Communication Disorders

Program

-STATUTE-

(a) The Director of the Institute, with the advice of the

Institute's advisory council, shall establish a National Deafness

and Other Communication Disorders Program (hereafter in this

section referred to as the "Program"). The Director or (!1) the

Institute shall, with respect to the Program, prepare and transmit

to the Director of NIH a plan to initiate, expand, intensify and

coordinate activities of the Institute respecting disorders of

hearing (including tinnitus) and other communication processes,

including diseases affecting hearing, balance, voice, speech,

language, taste, and smell. The plan shall include such comments

and recommendations as the Director of the Institute determines

appropriate. The Director of the Institute shall periodically

review and revise the plan and shall transmit any revisions of the

plan to the Director of NIH.

(b) Activities under the Program shall include -

(1) investigation into the etiology, pathology, detection,

treatment, and prevention of all forms of disorders of hearing

and other communication processes, primarily through the support

of basic research in such areas as anatomy, audiology,

biochemistry, bioengineering, epidemiology, genetics, immunology,

microbiology, molecular biology, the neurosciences,

otolaryngology, psychology, pharmacology, physiology, speech and

language pathology, and any other scientific disciplines that can

contribute important knowledge to the understanding and

elimination of disorders of hearing and other communication

processes;

(2) research into the evaluation of techniques (including

surgical, medical, and behavioral approaches) and devices

(including hearing aids, implanted auditory and nonauditory

prosthetic devices and other communication aids) used in

diagnosis, treatment, rehabilitation, and prevention of disorders

of hearing and other communication processes;

(3) research into prevention, and early detection and

diagnosis, of hearing loss and speech and language disturbances

(including stuttering) and research into preventing the effects

of such disorders on learning and learning disabilities with

extension of programs for appropriate referral and

rehabilitation;

(4) research into the detection, treatment, and prevention of

disorders of hearing and other communication processes in the

growing elderly population with extension of rehabilitative

programs to ensure continued effective communication skills in

such population;

(5) research to expand knowledge of the effects of

environmental agents that influence hearing or other

communication processes; and

(6) developing and facilitating intramural programs on clinical

and fundamental aspects of disorders of hearing and all other

communication processes.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464A, as added Pub. L.

100-553, Sec. 2(4), Oct. 28, 1988, 102 Stat. 2769, and Pub. L.

100-607, title I, Sec. 101(4), Nov. 4, 1988, 102 Stat. 3049;

amended Pub. L. 100-690, title II, Sec. 2613(b)(2), Nov. 18, 1988,

102 Stat. 4238.)

-COD-

CODIFICATION

Pub. L. 100-553 and Pub. L. 100-607 contained identical

provisions enacting this section. See 1988 Amendment note below.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690 amended this section to read as if the

amendments made by Pub. L. 100-607, which enacted this section, had

not been enacted. See Codification note above.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date of amendment by Pub. L. 100-690, see section

2613(b)(1) of Pub. L. 100-690, set out as an Effect of Enactment of

Similar Provisions note under section 285m of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 285m-4 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "of".

-End-

-CITE-

42 USC Sec. 285m-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 13 - national institute on deafness and other communication

disorders

-HEAD-

Sec. 285m-2. Data System and Information Clearinghouse

-STATUTE-

(a) The Director of the Institute shall establish a National

Deafness and Other Communication Disorders Data System for the

collection, storage, analysis, retrieval, and dissemination of data

derived from patient populations with disorders of hearing or other

communication processes, including where possible, data involving

general populations for the purpose of identifying individuals at

risk of developing such disorders.

(b) The Director of the Institute shall establish a National

Deafness and Other Communication Disorders Information

Clearinghouse to facilitate and enhance, through the effective

dissemination of information, knowledge and understanding of

disorders of hearing and other communication processes by health

professionals, patients, industry, and the public.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464B, as added Pub. L.

100-553, Sec. 2(4), Oct. 28, 1988, 102 Stat. 2770, and Pub. L.

100-607, title I, Sec. 101(4), Nov. 4, 1988, 102 Stat. 3050;

amended Pub. L. 100-690, title II, Sec. 2613(b)(2), Nov. 18, 1988,

102 Stat. 4238.)

-COD-

CODIFICATION

Pub. L. 100-553 and Pub. L. 100-607 contained identical

provisions enacting this section. See 1988 Amendment note below.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690 amended this section to read as if the

amendments made by Pub. L. 100-607, which enacted this section, had

not been enacted. See Codification note above.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date of amendment by Pub. L. 100-690, see section

2613(b)(1) of Pub. L. 100-690, set out as an Effect of Enactment of

Similar Provisions note under section 285m of this title.

-End-

-CITE-

42 USC Sec. 285m-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 13 - national institute on deafness and other communication

disorders

-HEAD-

Sec. 285m-3. Multipurpose deafness and other communication

disorders center

-STATUTE-

(a) Development, modernization and operation; "modernization"

defined

The Director of the Institute shall, after consultation with the

advisory council for the Institute, provide for the development,

modernization, and operation (including care required for research)

of new and existing centers for studies of disorders of hearing and

other communication processes. For purposes of this section, the

term "modernization" means the alteration, remodeling, improvement,

expansion, and repair of existing buildings and the provision of

equipment for such buildings to the extent necessary to make them

suitable for use as centers described in the preceding sentence.

(b) Use of facilities; qualifications

Each center assisted under this section shall -

(1) use the facilities of a single institution or a consortium

of cooperating institutions; and

(2) meet such qualifications as may be prescribed by the

Secretary.

(c) Requisite programs

Each center assisted under this section shall, at least, conduct

-

(1) basic and clinical research into the cause diagnosis, early

detection, prevention, control and treatment of disorders of

hearing and other communication processes and complications

resulting from such disorders, including research into

rehabilitative aids, implantable biomaterials, auditory speech

processors, speech production devices, and other otolaryngologic

procedures;

(2) training programs for physicians, scientists, and other

health and allied health professionals;

(3) information and continuing education programs for

physicians and other health and allied health professionals who

will provide care for patients with disorders of hearing or other

communication processes; and

(4) programs for the dissemination to the general public of

information -

(A) on the importance of early detection of disorders of

hearing and other communication processes, of seeking prompt

treatment, rehabilitation, and of following an appropriate

regimen; and

(B) on the importance of avoiding exposure to noise and other

environmental toxic agents that may affect disorders of hearing

or other communication processes.

(d) Stipends

A center may use funds provided under subsection (a) of this

section to provide stipends for health professionals enrolled in

training programs described in subsection (c)(2) of this section.

(e) Discretionary programs

Each center assisted under this section may conduct programs -

(1) to establish the effectiveness of new and improved methods

of detection, referral, and diagnosis of individuals at risk of

developing disorders of hearing or other communication processes;

and

(2) to disseminate the results of research, screening, and

other activities, and develop means of standardizing patient data

and recordkeeping.

(f) Equitable geographical distribution; needs of elderly and

children

The Director of the Institute shall, to the extent practicable,

provide for an equitable geographical distribution of centers

assisted under this section. The Director shall give appropriate

consideration to the need for centers especially suited to meeting

the needs of the elderly, and of children (particularly with

respect to their education and training), affected by disorders of

hearing or other communication processes.

(g) Period of support; recommended extensions of peer review group

Support of a center under this section may be for a period not to

exceed seven years. Such period may be extended by the Director of

the Institute for one or more additional periods of not more than

five years if the operations of such center have been reviewed by

an appropriate technical and scientific peer review group

established by the Director, with the advice of the Institute's

advisory council, if such group has recommended to the Director

that such period should be extended.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464C, as added Pub. L.

100-553, Sec. 2(4), Oct. 28, 1988, 102 Stat. 2771, and Pub. L.

100-607, title I, Sec. 101(4), Nov. 4, 1988, 102 Stat. 3050;

amended Pub. L. 100-690, title II, Sec. 2613(b)(2), Nov. 18, 1988,

102 Stat. 4238.)

-COD-

CODIFICATION

Pub. L. 100-553 and Pub. L. 100-607 contained identical

provisions enacting this section. See 1988 Amendment note below.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690 amended this section to read as if the

amendments made by Pub. L. 100-607, which enacted this section, had

not been enacted. See Codification note above.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date of amendment by Pub. L. 100-690, see section

2613(b)(1) of Pub. L. 100-690, set out as an Effect of Enactment of

Similar Provisions note under section 285m of this title.

-End-

-CITE-

42 USC Sec. 285m-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 13 - national institute on deafness and other communication

disorders

-HEAD-

Sec. 285m-4. National Institute on Deafness and Other Communication

Disorders Advisory Board

-STATUTE-

(a) Establishment

The Secretary shall establish in the Institute the National

Deafness and Other Communication Disorders Advisory Board

(hereafter in this section referred to as the "Advisory Board").

(b) Composition; qualifications; appointed and ex officio members

The Advisory Board shall be composed of eighteen appointed

members and nonvoting ex officio members as follows:

(1) The Secretary shall appoint -

(A) twelve members from individuals who are scientists,

physicians, and other health and rehabilitation professionals,

who are not officers or employees of the United States, and who

represent the specialties and disciplines relevant to deafness

and other communication disorders, including not less than two

persons with a communication disorder; and

(B) six members from the general public who are knowledgeable

with respect to such disorders, including not less than one

person with a communication disorder and not less than one

person who is a parent of an individual with such a disorder.

Of the appointed members, not less than five shall by virtue of

training or experience be knowledgeable in diagnoses and

rehabilitation of communication disorders, education of the

hearing, speech, or language impaired, public health, public

information, community program development, occupational hazards

to communications senses, or the aging process.

(2) The following shall be ex officio members of each Advisory

Board:

(A) The Assistant Secretary for Health, the Director of NIH,

the Director of the National Institute on Deafness and Other

Communication Disorders, the Director of the Centers for

Disease Control and Prevention, the Under Secretary for Health

of the Department of Veterans Affairs, and the Assistant

Secretary of Defense for Health Affairs (or the designees of

such officers).

(B) Such other officers and employees of the United States as

the Secretary determines necessary for the Advisory Board to

carry out its functions.

(c) Compensation

Members of an Advisory Board who are officers or employees of the

Federal Government shall serve as members of the Advisory Board

without compensation in addition to that received in their regular

public employment. Other members of the Board shall receive

compensation at rates not to exceed the daily equivalent of the

annual rate in effect for grade GS-18 of the General Schedule for

each day (including traveltime) they are engaged in the performance

of their duties as members of the Board.

(d) Term of office; vacancies

The term of office of an appointed member of the Advisory Board

is four years, except that no term of office may extend beyond the

expiration of the Advisory Board. Any member appointed to fill a

vacancy for an unexpired term shall be appointed for the remainder

of such term. A member may serve after the expiration of the

member's term until a successor has taken office. If a vacancy

occurs in the Advisory Board, the Secretary shall make an

appointment to fill the vacancy not later than 90 days from the

date the vacancy occurred.

(e) Chairman

The members of the Advisory Board shall select a chairman from

among the appointed members.

(f) Personnel; executive director; professional and clerical staff

members; consultants; information and administrative support

services and facilities

The Secretary shall, after consultation with and consideration of

the recommendations of the Advisory Board, provide the Advisory

Board with an executive director and one other professional staff

member. In addition, the Secretary shall, after consultation with

and consideration of the recommendations of the Advisory Board,

provide the Advisory Board with such additional professional staff

members, such clerical staff members, such services of consultants,

such information, and (through contracts or other arrangements)

such administrative support services and facilities, as the

Secretary determines are necessary for the Advisory Board to carry

out its functions.

(g) Meetings

The Advisory Board shall meet at the call of the chairman or upon

request of the Director of the Institute, but not less often than

four times a year.

(h) Functions

The Advisory Board shall -

(1) review and evaluate the implementation of the plan prepared

under section 285m-1(a) of this title and periodically update the

plan to ensure its continuing relevance;

(2) for the purpose of assuring the most effective use and

organization of resources respecting deafness and other

communication disorders, advise and make recommendations to the

Congress, the Secretary, the Director of NIH, the Director of the

Institute, and the heads of other appropriate Federal agencies

for the implementation and revision of such plan; and

(3) maintain liaison with other advisory bodies related to

Federal agencies involved in the implementation of such plan and

with key non-Federal entities involved in activities affecting

the control of such disorders.

(i) Subcommittee activities; workshops and conferences; collection

of data

In carrying out its functions, the Advisory Board may establish

subcommittees, convene workshops and conferences, and collect data.

Such subcommittees may be composed of Advisory Board members and

nonmember consultants with expertise in the particular area

addressed by such subcommittees. The subcommittees may hold such

meetings as are necessary to enable them to carry out their

activities.

(j) Annual report

The Advisory Board shall prepare an annual report for the

Secretary which -

(1) describes the Advisory Board's activities in the fiscal

year for which the report is made;

(2) describes and evaluates the progress made in such fiscal

year in research, treatment, education, and training with respect

to the deafness and other communication disorders;

(3) summarizes and analyzes expenditures made by the Federal

Government for activities respecting such disorders in such

fiscal year; and

(4) contains the Advisory Board's recommendations (if any) for

changes in the plan prepared under section 285m-1(a) of this

title.

(k) Commencement of existence

The National Deafness and Other Communication Disorders Advisory

Board shall be established not later than April 1, 1989.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464D, as added Pub. L.

100-553, Sec. 2(4), Oct. 28, 1988, 102 Stat. 2772, and Pub. L.

100-690, title II, Sec. 2613(a)(1), Nov. 18, 1988, 102 Stat. 4235;

amended Pub. L. 100-690, title II, Sec. 2613(b)(2), Nov. 18, 1988,

102 Stat. 4238; Pub. L. 101-93, Sec. 5(b), Aug. 16, 1989, 103 Stat.

611; Pub. L. 102-405, title III, Sec. 302(e)(1), Oct. 9 1992, 106

Stat. 1985; Pub. L. 102-531, title III, Sec. 312(d)(8), Oct. 27,

1992, 106 Stat. 3504; Pub. L. 103-43, title XX, Sec. 2008(b)(8),

June 10, 1993, 107 Stat. 211.)

-COD-

CODIFICATION

Pub. L. 100-553 and section 2613(a)(1) of Pub. L. 100-690

contained identical provisions enacting this section. See 1988

Amendment note below.

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(2)(A). Pub. L. 103-43 substituted "Department

of Veterans Affairs" for "Veterans' Administration".

1992 - Subsec. (b)(2)(A). Pub. L. 102-531 substituted "Centers

for Disease Control and Prevention" for "Centers for Disease

Control".

Pub. L. 102-405 substituted "Under Secretary for Health" for

"Chief Medical Director".

1989 - Subsec. (k). Pub. L. 101-93 substituted "April 1, 1989"

for "90 days after the date of the enactment of the National

Institute on Deafness and Other Communication Disorders Act".

1988 - Pub. L. 100-690, Sec. 2613(b)(2), amended this section to

read as if the amendments made by Pub. L. 100-690, Sec. 2613(a)(1),

which enacted this section, had not been enacted. See Codification

note above.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date of amendment by section 2613(b)(2) of Pub. L.

100-690, see section 2613(b)(1) of Pub. L. 100-690, set out as an

Effect of Enactment of Similar Provisions note under section 285m

of this title.

TERMINATION OF ADVISORY BOARDS

Advisory boards 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 board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by the Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

Pub. L. 93-641, Sec. 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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 285m-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 13 - national institute on deafness and other communication

disorders

-HEAD-

Sec. 285m-5. Interagency Coordinating Committee

-STATUTE-

(a) Establishment

The Secretary may establish a committee to be known as the

Deafness and Other Communication Disorders Interagency Coordinating

Committee (hereafter in this section referred to as the

"Coordinating Committee").

(b) Functions

The Coordinating Committee shall, with respect to deafness and

other communication disorders -

(1) provide for the coordination of the activities of the

national research institutes; and

(2) coordinate the aspects of all Federal health programs and

activities relating to deafness and other communication disorders

in order to assure the adequacy and technical soundness of such

programs and activities and in order to provide for the full

communication and exchange of information necessary to maintain

adequate coordination of such programs and activities.

(c) Composition

The Coordinating Committee shall be composed of the directors of

each of the national research institutes and divisions involved in

research with respect to deafness and other communication disorders

and representatives of all other Federal departments and agencies

whose programs involve health functions or responsibilities

relevant to deafness and other communication disorders.

(d) Chairman; meetings

The Coordinating Committee shall be chaired by the Director of

NIH (or the designee of the Director). The Committee shall meet at

the call of the chair, but not less often than four times a year.

(e) Annual report; recipients of report

Not later than 120 days after the end of each fiscal year, the

Coordinating Committee shall prepare and transmit to the Secretary,

the Director of NIH, the Director of the Institute, and the

advisory council for the Institute a report detailing the

activities of the Committee in such fiscal year in carrying out

subsection (b) of this section.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464E, as added Pub. L.

100-553, Sec. 2(4), Oct. 28, 1988, 102 Stat. 2774, and Pub. L.

100-690, title II, Sec. 2613(a)(1), Nov. 18, 1988, 102 Stat. 4237;

amended Pub. L. 100-690, title II, Sec. 2613(b)(2), Nov. 18, 1988,

102 Stat. 4238; Pub. L. 103-43, title XX, Sec. 2008(b)(9), June 10,

1993, 107 Stat. 211.)

-COD-

CODIFICATION

Pub. L. 100-553 and section 2613(a)(1) of Pub. L. 100-690

contained identical provisions enacting this section. See 1988

Amendment note below.

-MISC1-

AMENDMENTS

1993 - Subsecs. (d), (e). Pub. L. 103-43 inserted "Coordinating"

before "Committee" in first sentence of subsec. (d) and before

first reference to "Committee" in subsec. (e).

1988 - Pub. L. 100-690, Sec. 2613(b)(2), amended this section to

read as if the amendments made by Pub. L. 100-690, Sec. 2613(a)(1),

which enacted this section, had not been enacted. See Codification

note above.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date of amendment by section 2613(b)(2) of Pub. L.

100-690, see section 2613(b)(1) of Pub. L. 100-690, set out as an

Effect of Enactment of Similar Provisions note under section 285m

of this title.

-End-

-CITE-

42 USC Sec. 285m-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 13 - national institute on deafness and other communication

disorders

-HEAD-

Sec. 285m-6. Limitation on administrative expenses

-STATUTE-

With respect to amounts appropriated for a fiscal year for the

National Institutes of Health, the limitation established in

section 284c(a)(1) of this title on the expenditure of such amounts

for administrative expenses shall apply to administrative expenses

of the National Institute on Deafness and Other Communication

Disorders.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464F, as added Pub. L.

100-553, Sec. 2(4), Oct. 28, 1988, 102 Stat. 2774, and Pub. L.

100-690, title II, Sec. 2613(a)(1), Nov. 18, 1988, 102 Stat. 4238;

amended Pub. L. 100-690, title II, Sec. 2613(b)(2), Nov. 18, 1988,

102 Stat. 4238; Pub. L. 103-43, title IV, Sec. 403(b)(2), June 10,

1993, 107 Stat. 158.)

-COD-

CODIFICATION

Pub. L. 100-553 and section 2613(a)(1) of Pub. L. 100-690

contained identical provisions enacting this section. See 1988

Amendment note below.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43 substituted "section 284c(a)(1)" for

"section 284c(b)(1)".

1988 - Pub. L. 100-690, Sec. 2613(b)(2), amended this section to

read as if the amendments made by Pub. L. 100-690, Sec. 2613(a)(1),

which enacted this section, had not been enacted. See Codification

note above.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date of amendment by section 2613(b)(2) of Pub. L.

100-690, see section 2613(b)(1) of Pub. L. 100-690, set out as an

Effect of Enactment of Similar Provisions note under section 285m

of this title.

-End-

-CITE-

42 USC subpart 14 - national institute on alcohol abuse

and alcoholism 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 14 - national institute on alcohol abuse and alcoholism

-HEAD-

SUBPART 14 - NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 289c-1 of this title.

-End-

-CITE-

42 USC Sec. 285n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 14 - national institute on alcohol abuse and alcoholism

-HEAD-

Sec. 285n. Purpose of Institute

-STATUTE-

(a) In general

The general purpose of the National Institute on Alcohol Abuse

and Alcoholism (hereafter in this subpart referred to as the

"Institute") is the conduct and support of biomedical and

behavioral research, health services research, research training,

and health information dissemination with respect to the prevention

of alcohol abuse and the treatment of alcoholism.

(b) Research program

The research program established under this subpart shall

encompass the social, behavioral, and biomedical etiology, mental

and physical health consequences, and social and economic

consequences of alcohol abuse and alcoholism. In carrying out the

program, the Director of the Institute is authorized to -

(1) collect and disseminate through publications and other

appropriate means (including the development of curriculum

materials), information as to, and the practical application of,

the research and other activities under the program;

(2) make available research facilities of the Public Health

Service to appropriate public authorities, and to health

officials and scientists engaged in special study;

(3) make grants to universities, hospitals, laboratories, and

other public or nonprofit institutions, and to individuals for

such research projects as are recommended by the National

Advisory Council on Alcohol Abuse and Alcoholism, giving special

consideration to projects relating to -

(A) the relationship between alcohol abuse and domestic

violence,

(B) the effects of alcohol use during pregnancy,

(C) the impact of alcoholism and alcohol abuse on the family,

the workplace, and systems for the delivery of health services,

(D) the relationship between the abuse of alcohol and other

drugs,

(E) the effect on the incidence of alcohol abuse and

alcoholism of social pressures, legal requirements respecting

the use of alcoholic beverages, the cost of such beverages, and

the economic status and education of users of such beverages,

(F) the interrelationship between alcohol use and other

health problems,

(G) the comparison of the cost and effectiveness of various

treatment methods for alcoholism and alcohol abuse and the

effectiveness of prevention and intervention programs for

alcoholism and alcohol abuse,

(H) alcoholism and alcohol abuse among women;

(4) secure from time to time and for such periods as he deems

advisable, the assistance and advice of experts, scholars, and

consultants from the United States or abroad;

(5) promote the coordination of research programs conducted by

the Institute, and similar programs conducted by the National

Institute of Drug Abuse and by other departments, agencies,

organizations, and individuals, including all National Institutes

of Health research activities which are or may be related to the

problems of individuals suffering from alcoholism or alcohol

abuse or those of their families or the impact of alcohol abuse

on other health problems;

(6) conduct an intramural program of biomedical, behavioral,

epidemiological, and social research, including research into the

most effective means of treatment and service delivery, and

including research involving human subjects, which is -

(A) located in an institution capable of providing all

necessary medical care for such human subjects, including

complete 24-hour medical diagnostic services by or under the

supervision of physicians, acute and intensive medical care,

including 24-hour emergency care, psychiatric care, and such

other care as is determined to be necessary for individuals

suffering from alcoholism and alcohol abuse; and

(B) associated with an accredited medical or research

training institution;

(7) for purposes of study, admit and treat at institutions,

hospitals, and stations of the Public Health Service, persons not

otherwise eligible for such treatment;

(8) provide to health officials, scientists, and appropriate

public and other nonprofit institutions and organizations,

technical advice and assistance on the application of statistical

and other scientific research methods to experiments, studies,

and surveys in health and medical fields;

(9) enter into contracts under this subchapter without regard

to section 3324(a) and (b) of title 31 and section 5 of title 41;

and

(10) adopt, upon recommendation of the National Advisory

Council on Alcohol Abuse and Alcoholism, such additional means as

he deems necessary or appropriate to carry out the purposes of

this section.

(c) Collaboration

The Director of the Institute shall collaborate with the

Administrator of the Substance Abuse and Mental Health Services

Administration in focusing the services research activities of the

Institute and in disseminating the results of such research to

health professionals and the general public.

(d) Funding

(1) Authorization of appropriations

For the purpose of carrying out this subpart, there are

authorized to be appropriated $300,000,000 for fiscal year 1993,

and such sums as may be necessary for fiscal year 1994.

(2) Allocation for health services research

Of the amounts appropriated under paragraph (1) for a fiscal

year, the Director shall obligate not less than 15 percent to

carry out health services research relating to alcohol abuse and

alcoholism.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464H, as added and amended

Pub. L. 102-321, title I, Sec. 122(a), (b), July 10, 1992, 106

Stat. 358, 359; Pub. L. 102-352, Sec. 2(a)(1), Aug. 26, 1992, 106

Stat. 938.)

-COD-

CODIFICATION

Section 290bb(b) of this title, which was transferred to subsec.

(b) of this section and amended by Pub. L. 102-321, was based on

act July 1, 1944, ch. 373, title V, Sec. 510, formerly Pub. L.

91-616, title V, Sec. 501(b), as added Pub. L. 94-371, Sec. 7, July

26, 1976, 90 Stat. 1038; amended Pub. L. 95-622, title II, Sec.

268(d), Nov. 9, 1978, 92 Stat. 3437; Pub. L. 96-180, Sec. 14(b),

Jan. 2, 1980, 93 Stat. 1305; renumbered Sec. 510(b) of act July 1,

1944, and amended Apr. 26, 1983, Pub. L. 98-24, Sec. 2(b)(9), 97

Stat. 179; Oct. 19, 1984, Pub. L. 98-509, title II, Sec. 205(a)(1),

98 Stat. 2361.

In subsec. (b)(9), "section 3324(a) and (b) of title 31"

substituted for reference to section 3648 of the Revised Statutes

(31 U.S.C. 529) on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title

31, Money and Finance.

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-352 substituted "Institute on

Alcohol" for "Institute of Alcohol".

Subsec. (b). Pub. L. 102-321, Sec. 122(b)(1), (2)(A), transferred

subsec. (b) of section 290bb of this title to subsec. (b) of this

section, substituted "(b) Research Program. - The research program

established under this subpart shall encompass the social,

behavioral, and biomedical etiology, mental and physical health

consequences, and social and economic consequences of alcohol abuse

and alcoholism. In carrying out the program, the Director of the

Institute is authorized" for "(b) In carrying out the program

described in subsection (a) of this section, the Secretary, acting

through the Institute, is authorized" in introductory provisions,

and substituted a semicolon for period at end of par. (3)(H).

Subsecs. (c), (d). Pub. L. 102-321, Sec. 122(b)(2)(B), added

subsecs. (c) and (d).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 3 of Pub. L. 102-352 provided that: "The amendments made

by -

"(1) subsection (a) of section 2 [amending this section and

sections 285n-2, 285o, 285o-2, 285p, 290aa-1, 290aa-3, 300x-7,

300x-27, 300x-33, 300x-53, and 300y of this title], shall take

effect immediately upon the effectuation of the amendments made

by titles I and II of the ADAMHA Reorganization Act [Pub. L.

102-321, see Effective Date of 1992 Amendment note set out under

section 236 of this title]; and

"(2) subsections (b) and (c) of section 2 [amending sections

290cc-21, 290cc-28, and 290cc-30 of this title and provisions set

out as notes under sections 290aa and 300x of this title], shall

take effect on the date of enactment of this Act [Aug. 26,

1992]."

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

REQUIRED ALLOCATIONS FOR HEALTH SERVICES RESEARCH

Pub. L. 103-43, title XX, Sec. 2016(b), June 10, 1993, 107 Stat.

218, provided that:

"(1) In general. - With respect to the allocation for health

services research required in each of the provisions of law

specified in paragraph (2), the term '15 percent' appearing in each

of such provisions is, in the case of allocations for fiscal year

1993, deemed to be 12 percent.

"(2) Relevant provisions of law. - The provisions of law referred

to in paragraph (1) are -

"(A) section 464H(d)(2) of the Public Health Service Act, as

added by section 122 of Public Law 102-321 (106 Stat. 358)

[subsec. (d)(2) of this section];

"(B) section 464L(d)(2) of the Public Health Service Act, as

added by section 123 of Public Law 102-321 (106 Stat. 360)

[section 285o(d)(2) of this title]; and

"(C) section 464R(f)(2) of the Public Health Service Act, as

added by section 124 of Public Law 102-321 (106 Stat. 364)

[section 285p(f)(2) of this title]."

STUDY ON FETAL ALCOHOL EFFECT AND FETAL ALCOHOL SYNDROME

Section 705 of Pub. L. 102-321 directed Secretary of Health and

Human Services to enter into a contract with a public or nonprofit

private entity to conduct a study on the prevalence of fetal

alcohol effect and fetal alcohol syndrome in the general population

of the United States and on the adequacy of Federal efforts to

reduce the incidence of such conditions (including efforts

regarding appropriate training for health care providers in

identifying such effect or syndrome), and to ensure that a report

outlining this study be submitted to Congress not later than 18

months after July 10, 1992.

ALCOHOLISM AND ALCOHOL ABUSE TREATMENT STUDY

Pub. L. 99-570, title IV, Sec. 4022, Oct. 27, 1986, 100 Stat.

3207-124, directed Secretary of Health and Human Services, acting

through Director of National Institute on Alcohol Abuse and

Alcoholism, to conduct a study of alternative approaches for

alcoholism and alcohol abuse treatment and rehabilitation and of

financing alternatives including policies and experiences of third

party insurers and State and municipal governments; to recommend

policies and programs for research, planning, administration, and

reimbursement for treatment and rehabilitation; to request National

Academy of Sciences to conduct such study in consultation with

Director of National Institute on Alcohol Abuse and Alcoholism

under an arrangement entered into with consent of Academy that

actual expenses of Academy will be paid by Secretary and that

Academy would submit a final report to Secretary no later than 24

months after the arrangement was entered into; and to transmit a

final report to Congress no later than 30 days after receiving

Academy's report.

-End-

-CITE-

42 USC Sec. 285n-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 14 - national institute on alcohol abuse and alcoholism

-HEAD-

Sec. 285n-1. Associate Director for Prevention

-STATUTE-

(a) In general

There shall be in the Institute an Associate Director for

Prevention who shall be responsible for the full-time coordination

and promotion of the programs in the Institute concerning the

prevention of alcohol abuse and alcoholism. The Associate Director

shall be appointed by the Director of the Institute from

individuals who because of their professional training or expertise

are experts in alcohol abuse and alcoholism or the prevention of

such.

(b) Biennial report

The Associate Director for Prevention shall prepare for inclusion

in the biennial report made under section 284b of this title a

description of the prevention activities of the Institute,

including a description of the staff and resources allocated to

those activities.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464I, as added Pub. L.

102-321, title I, Sec. 122(c), July 10, 1992, 106 Stat. 359.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC Sec. 285n-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 14 - national institute on alcohol abuse and alcoholism

-HEAD-

Sec. 285n-2. National Alcohol Research Centers; mandatory grant for

research of effects of alcohol on elderly

-STATUTE-

(a) Designation; procedures applicable for approval of applications

The Secretary acting through the Institute may designate National

Alcohol Research Centers for the purpose of interdisciplinary

research relating to alcoholism and other biomedical, behavioral,

and social issues related to alcoholism and alcohol abuse. No

entity may be designated as a Center unless an application therefor

has been submitted to, and approved by, the Secretary. Such an

application shall be submitted in such manner and contain such

information as the Secretary may reasonably require. The Secretary

may not approve such an application unless -

(1) the application contains or is supported by reasonable

assurances that -

(A) the applicant has the experience, or capability, to

conduct, through biomedical, behavioral, social, and related

disciplines, long-term research on alcoholism and other alcohol

problems and to provide coordination of such research among

such disciplines;

(B) the applicant has available to it sufficient facilities

(including laboratory, reference, and data analysis facilities)

to carry out the research plan contained in the application;

(C) the applicant has facilities and personnel to provide

training in the prevention and treatment of alcoholism and

other alcohol problems;

(D) the applicant has the capacity to train predoctoral and

postdoctoral students for careers in research on alcoholism and

other alcohol problems;

(E) the applicant has the capacity to conduct courses on

alcohol problems and research on alcohol problems for

undergraduate and graduate students, and for medical and

osteopathic, nursing, social work, and other specialized

graduate students; and

(F) the applicant has the capacity to conduct programs of

continuing education in such medical, legal, and social service

fields as the Secretary may require.(!1)

(2) the application contains a detailed five-year plan for

research relating to alcoholism and other alcohol problems.

(b) Annual grants; amount; limitation on uses

The Secretary shall, under such conditions as the Secretary may

reasonably require, make annual grants to Centers which have been

designated under this section. No funds provided under a grant

under this subsection may be used for the purchase of any land or

the purchase, construction, preservation, or repair of any

building. For the purposes of the preceding sentence, the term

"construction" has the meaning given that term by section 292a(1)

(!2) of this title. The Secretary shall include in the grants made

under this section for fiscal years beginning after September 30,

1981, a grant to a designated Center for research on the effects of

alcohol on the elderly.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464J, formerly title V, Sec.

511, formerly Pub. L. 91-616, title V, Sec. 503, formerly Sec. 504,

as added Pub. L. 94-371, Sec. 7, July 26, 1976, 90 Stat. 1039;

amended Pub. L. 95-622, title I, Sec. 110(d), Nov. 9, 1978, 92

Stat. 3420; Pub. L. 96-180, Sec. 16, Jan. 2, 1980, 93 Stat. 1305;

renumbered Sec. 503 of Pub. L. 91-616 and amended Pub. L. 97-35,

title IX, Sec. 965(b), (c), Aug. 13, 1981, 95 Stat. 594; renumbered

Sec. 511 of act July 1, 1944, and amended Pub. L. 98-24, Sec.

2(b)(9), Apr. 26, 1983, 97 Stat. 179; Pub. L. 99-570, title IV,

Sec. 4008, Oct. 27, 1986, 100 Stat. 3207-115; renumbered title IV,

Sec. 464J and amended Pub. L. 102-321, title I, Sec. 122(d), July

10, 1992, 106 Stat. 360; Pub. L. 102-352, Sec. 2(a)(2), Aug. 26,

1992, 106 Stat. 938.)

-REFTEXT-

REFERENCES IN TEXT

Section 292a of this title, referred to in subsec. (b), was in

the original a reference to section 701 of act July 1, 1944.

Section 701 of that Act was omitted in the general revision of

subchapter V of this chapter by Pub. L. 102-408, title I, Sec. 102,

Oct. 13, 1992, 106 Stat. 1994. Pub. L. 102-408 enacted a new

section 701 of act July 1, 1944, relating to statement of purpose,

and a new section 702, relating to scope and duration of loan

insurance program, which are classified to sections 292 and 292a,

respectively, of this title. For provisions relating to

definitions, see sections 292o and 295p of this title.

-COD-

CODIFICATION

Section was formerly classified to section 290bb-1 of this title

prior to renumbering by Pub. L. 102-321.

Section was formerly classified to section 4587 of this title

prior to renumbering by Pub. L. 98-24.

Section was formerly classified to section 4588 of this title

prior to renumbering by Pub. L. 97-35.

-MISC1-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-352 substituted "292a(1)" for

"292a(2)".

Pub. L. 102-321, Sec. 122(d)(2), struck "or rental" before "of

any land".

1986 - Subsec. (b). Pub. L. 99-570, Sec. 4008(1), which directed

that subsec. (b) be amended by striking out "or rental" before "any

land", could not be executed because "or rental" appeared before

"of any land".

Pub. L. 99-570, Sec. 4008(2), struck out "rental," before

"purchase".

1983 - Subsec. (a). Pub. L. 98-24, Sec. 2(b)(9)(B)(i), struck out

direction that, insofar as practicable, the Secretary approve

applications under this subsection in a manner resulting in an

equitable geographic distribution of Centers.

Subsec. (b). Pub. L. 98-24, Sec. 2(b)(9)(B)(ii), (iii), struck

out provision that no annual grant to any Center might exceed

$1,500,000, and made a technical amendment to reference to section

292a of this title to reflect the transfer of this section to the

Public Health Service Act.

Subsec. (c). Pub. L. 98-24, Sec. 2(b)(9)(B)(iv), struck out

subsec. (c) which authorized $6,000,000 for each of fiscal years

ending Sept. 30, 1977, 1978, and 1979, $8,000,000 for fiscal year

ending Sept. 30, 1980, and $9,000,000 for fiscal year ending Sept.

30, 1981.

1981 - Subsec. (b). Pub. L. 97-35, Sec. 965(b), inserted

provisions relating to grants made for fiscal years beginning after

Sept. 30, 1981.

1980 - Subsec. (a). Pub. L. 96-180, Sec. 16(a), substituted: in

first sentence "biomedical, behavioral, and social issues related

to alcoholism and alcohol abuse" for "alcohol problems"; in par.

(1)(B) "facilities (including laboratory, reference, and data

analysis facilities) to carry out the research plan contained in

the application" for "laboratory facilities and reference services

(including reference services that will afford access to scientific

alcohol literature)"; and in par. (1)(E) "medical and osteopathic,

nursing, social work, and other specialized graduate students; and"

for "medical and osteopathic students and physicians;", and added

par. (1)(F).

Subsec. (b). Pub. L. 96-180, Sec. 16(b), increased annual grant

limitation to $1,500,000 from $1,000,000.

Subsec. (c). Pub. L. 96-180, Sec. 16(c), authorized appropriation

of $8,000,000 and $9,000,000 for fiscal years ending Sept. 30,

1980, and 1981.

1978 - Subsec. (a). Pub. L. 95-622 inserted provision following

par. (2) relating to approval of applications under this subsection

by the Secretary in a manner which results in equitable geographic

distribution of Centers.

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.

-FOOTNOTE-

(!1) So in original. The period probably should be "; and".

(!2) See References in Text note below.

-End-

-CITE-

42 USC subpart 15 - national institute on drug abuse 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 15 - national institute on drug abuse

-HEAD-

SUBPART 15 - NATIONAL INSTITUTE ON DRUG ABUSE

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 289c-1 of this title.

-End-

-CITE-

42 USC Sec. 285o 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 15 - national institute on drug abuse

-HEAD-

Sec. 285o. Purpose of Institute

-STATUTE-

(a) In general

The general purpose of the National Institute on Drug Abuse

(hereafter in this subpart referred to as the "Institute") is the

conduct and support of biomedical and behavioral research, health

services research, research training, and health information

dissemination with respect to the prevention of drug abuse and the

treatment of drug abusers.

(b) Research program

The research program established under this subpart shall

encompass the social, behavioral, and biomedical etiology, mental

and physical health consequences, and social and economic

consequences of drug abuse. In carrying out the program, the

Director of the Institute shall give special consideration to

projects relating to drug abuse among women (particularly with

respect to pregnant women).

(c) Collaboration

The Director of the Institute shall collaborate with the

Substance Abuse and Mental Health Services Administration in

focusing the services research activities of the Institute and in

disseminating the results of such research to health professionals

and the general public.

(d) Funding

(1) Authorization of appropriations

For the purpose of carrying out this subpart, other than

section 285o-4 of this title, there are authorized to be

appropriated $440,000,000 for fiscal year 1993, and such sums as

may be necessary for fiscal year 1994.

(2) Allocation for health services research

Of the amounts appropriated under paragraph (1) for a fiscal

year, the Director shall obligate not less than 15 percent to

carry out health services research relating to drug abuse.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464L, as added Pub. L.

102-321, title I, Sec. 123(a), July 10, 1992, 106 Stat. 360;

amended Pub. L. 102-352, Sec. 2(a)(3), Aug. 26, 1992, 106 Stat.

938.)

-MISC1-

AMENDMENTS

1992 - Subsec. (d)(1). Pub. L. 102-352 inserted "other than

section 285o-4 of this title," after "this subpart,".

EFFECTIVE DATE OF 1992 AMENDMENT

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.

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

REQUIRED ALLOCATIONS FOR HEALTH SERVICES RESEARCH

With respect to fiscal year 1993 allocations for health services

research required in subsec. (d)(2) of this section, the term "15

percent" deemed to be 12 percent, see section 2016(b) of Pub. L.

103-43, set out as a note under section 285n of this title.

-End-

-CITE-

42 USC Sec. 285o-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 15 - national institute on drug abuse

-HEAD-

Sec. 285o-1. Associate Director for Prevention

-STATUTE-

(a) In general

There shall be in the Institute an Associate Director for

Prevention who shall be responsible for the full-time coordination

and promotion of the programs in the Institute concerning the

prevention of drug abuse. The Associate Director shall be appointed

by the Director of the Institute from individuals who because of

their professional training or expertise are experts in drug abuse

and the prevention of such abuse.

(b) Report

The Associate Director for Prevention shall prepare for inclusion

in the biennial report made under section 284b of this title a

description of the prevention activities of the Institute,

including a description of the staff and resources allocated to

those activities.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464M, as added Pub. L.

102-321, title I, Sec. 123(b), July 10, 1992, 106 Stat. 361.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC Sec. 285o-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 15 - national institute on drug abuse

-HEAD-

Sec. 285o-2. Drug Abuse Research Centers

-STATUTE-

(a) Authority

The Director of the Institute may designate National Drug Abuse

Research Centers for the purpose of interdisciplinary research

relating to drug abuse and other biomedical, behavioral, and social

issues related to drug abuse. No entity may be designated as a

Center unless an application therefore has been submitted to, and

approved by, the Secretary. Such an application shall be submitted

in such manner and contain such information as the Secretary may

reasonably require. The Secretary may not approve such an

application unless -

(1) the application contains or is supported by reasonable

assurances that -

(A) the applicant has the experience, or capability, to

conduct, through biomedical, behavioral, social, and related

disciplines, long-term research on drug abuse and to provide

coordination of such research among such disciplines;

(B) the applicant has available to it sufficient facilities

(including laboratory, reference, and data analysis facilities)

to carry out the research plan contained in the application;

(C) the applicant has facilities and personnel to provide

training in the prevention and treatment of drug abuse;

(D) the applicant has the capacity to train predoctoral and

postdoctoral students for careers in research on drug abuse;

(E) the applicant has the capacity to conduct courses on drug

abuse problems and research on drug abuse for undergraduate and

graduate students, and medical and osteopathic, nursing, social

work, and other specialized graduate students; and

(F) the applicant has the capacity to conduct programs of

continuing education in such medical, legal, and social service

fields as the Secretary may require.(!1)

(2) the application contains a detailed five-year plan for

research relating to drug abuse.

(b) Grants

The Director of the Institute shall, under such conditions as the

Secretary may reasonably require, make annual grants to Centers

which have been designated under this section. No funds provided

under a grant under this subsection may be used for the purchase of

any land or the purchase, construction, preservation, or repair of

any building. For the purposes of the preceding sentence, the term

"construction" has the meaning given that term by section 292a(1)

(!2) of this title.

(c) Drug abuse and addiction research

(1) Grants or cooperative agreements

The Director of the Institute may make grants or enter into

cooperative agreements to expand the current and ongoing

interdisciplinary research and clinical trials with treatment

centers of the National Drug Abuse Treatment Clinical Trials

Network relating to drug abuse and addiction, including related

biomedical, behavioral, and social issues.

(2) Use of funds

Amounts made available under a grant or cooperative agreement

under paragraph (1) for drug abuse and addiction may be used for

research and clinical trials relating to -

(A) the effects of drug abuse on the human body, including

the brain;

(B) the addictive nature of drugs and how such effects differ

with respect to different individuals;

(C) the connection between drug abuse and mental health;

(D) the identification and evaluation of the most effective

methods of prevention of drug abuse and addiction;

(E) the identification and development of the most effective

methods of treatment of drug addiction, including

pharmacological treatments;

(F) risk factors for drug abuse;

(G) effects of drug abuse and addiction on pregnant women and

their fetuses; and

(H) cultural, social, behavioral, neurological, and

psychological reasons that individuals abuse drugs, or refrain

from abusing drugs.

(3) Research results

The Director shall promptly disseminate research results under

this subsection to Federal, State, and local entities involved in

combating drug abuse and addiction.

(4) Authorization of appropriations

(A) In general

There are authorized to be appropriated to carry out this

subsection such sums as may be necessary for each fiscal year.

(B) Supplement not supplant

Amounts appropriated pursuant to the authorization of

appropriations in subparagraph (A) for a fiscal year shall

supplement and not supplant any other amounts appropriated in

such fiscal year for research on drug abuse and addiction.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464N, as added Pub. L.

102-321, title I, Sec. 123(b), July 10, 1992, 106 Stat. 361;

amended Pub. L. 102-352, Sec. 2(a)(4), Aug. 26, 1992, 106 Stat.

938; Pub. L. 106-310, div. B, title XXXVI, Sec. 3631, Oct. 17,

2000, 114 Stat. 1235; Pub. L. 107-273, div. B, title II, Sec. 2203,

Nov. 2, 2002, 116 Stat. 1794.)

-REFTEXT-

REFERENCES IN TEXT

Section 292a of this title, referred to in subsec. (b), was in

the original a reference to section 701 of act July 1, 1944.

Section 701 of that Act was omitted in the general revision of

subchapter V of this chapter by Pub. L. 102-408, title I, Sec. 102,

Oct. 13, 1992, 106 Stat. 1994. Pub. L. 102-408 enacted a new

section 701 of act July 1, 1944, relating to statement of purpose,

and a new section 702, relating to scope and duration of loan

insurance program, which are classified to sections 292 and 292a,

respectively, of this title. For provisions relating to

definitions, see sections 292o and 295p of this title.

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-273 amended heading and text of

subsec. (c) generally, substituting provisions relating to grants

or cooperative agreements for research and clinical trials relating

to drug abuse and addiction for similar provisions relating to

grants or cooperative agreements for research and clinical trials

relating to methamphetamine abuse and addiction.

2000 - Subsec. (c). Pub. L. 106-310 added subsec. (c).

1992 - Subsec. (b). Pub. L. 102-352 substituted "292a(1)" for

"292a(2)".

EFFECTIVE DATE OF 1992 AMENDMENT

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.

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-FOOTNOTE-

(!1) So in original. The period probably should be "; and".

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 285o-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 15 - national institute on drug abuse

-HEAD-

Sec. 285o-3. Office on AIDS

-STATUTE-

The Director of the Institute shall establish within the

Institute an Office on AIDS. The Office shall be responsible for

the coordination of research and determining the direction of the

Institute with respect to AIDS research related to -

(1) primary prevention of the spread of HIV, including

transmission via drug abuse;

(2) drug abuse services research; and

(3) other matters determined appropriate by the Director.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464O, as added Pub. L.

102-321, title I, Sec. 123(b), July 10, 1992, 106 Stat. 362.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

STUDY BY NATIONAL ACADEMY OF SCIENCES

Section 706 of Pub. L. 102-321 directed Secretary of Health and

Human Services to contract for a study or studies relating to

programs that provide both sterile hypodermic needles and bleach to

individuals in order to reduce the risk of contracting acquired

immune deficiency syndrome or related conditions, in order to

determine extent to which such programs promote the abuse of drugs

or otherwise altered any behaviors constituting a substantial risk

of contracting AIDS or hepatitus, or of transmitting such

conditions, and further directed Secretary to ensure that a report

is submitted to Congress on the results of this study not later

than 18 months after July 10, 1992.

-End-

-CITE-

42 USC Sec. 285o-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 15 - national institute on drug abuse

-HEAD-

Sec. 285o-4. Medication Development Program

-STATUTE-

(a) Establishment

There is established in the Institute a Medication Development

Program through which the Director of such Institute shall -

(1) conduct periodic meetings with the Commissioner of Food and

Drugs to discuss measures that may facilitate the approval

process of drug abuse treatments;

(2) encourage and promote (through grants, contracts,

international collaboration, or otherwise) expanded research

programs, investigations, experiments, community trials, and

studies, into the development and use of medications to treat

drug addiction;

(3) establish or provide for the establishment of research

facilities;

(4) report on the activities of other relevant agencies

relating to the development and use of pharmacotherapeutic

treatments for drug addiction;

(5) collect, analyze, and disseminate data useful in the

development and use of pharmacotherapeutic treatments for drug

addiction and collect, catalog, analyze, and disseminate through

international channels, the results of such research;

(6) directly or through grants, contracts, or cooperative

agreements, support training in the fundamental sciences and

clinical disciplines related to the pharmacotherapeutic treatment

of drug abuse, including the use of training stipends,

fellowships, and awards where appropriate; and

(7) coordinate the activities conducted under this section with

related activities conducted within the National Institute on

Alcohol Abuse and Alcoholism, the National Institute of Mental

Health, and other appropriate institutes and shall consult with

the Directors of such Institutes.

(b) Duties

In carrying out the activities described in subsection (a) of

this section, the Director of the Institute -

(1) shall collect and disseminate through publications and

other appropriate means, information pertaining to the research

and other activities under this section;

(2) shall make grants to or enter into contracts and

cooperative agreements with individuals and public and private

entities to further the goals of the program;

(3) may, in accordance with section 289e of this title, and in

consultation with the National Advisory Council on Drug Abuse,

acquire, construct, improve, repair, operate, and maintain

pharmacotherapeutic research centers, laboratories, and other

necessary facilities and equipment, and such other real or

personal property as the Director determines necessary, and may,

in consultation with such Advisory Council, make grants for the

construction or renovation of facilities to carry out the

purposes of this section;

(4) may accept voluntary and uncompensated services;

(5) may accept gifts, or donations of services, money, or

property, real, personal, or mixed, tangible or intangible; and

(6) shall take necessary action to ensure that all channels for

the dissemination and exchange of scientific knowledge and

information are maintained between the Institute and the other

scientific, medical, and biomedical disciplines and organizations

nationally and internationally.

(c) Report

(1) In general

Not later than December 31, 1992, and each December 31

thereafter, the Director of the Institute shall submit to the

Office of National Drug Control Policy established under section

1501 (!1) of title 21 a report, in accordance with paragraph (3),

that describes the objectives and activities of the program

assisted under this section.

(2) National Drug Control Strategy

The Director of National Drug Control Policy shall incorporate,

by reference or otherwise, each report submitted under this

subsection in the National Drug Control Strategy submitted the

following February 1 under section 1504 (!1) of title 21.

(d) "Pharmacotherapeutics" defined

For purposes of this section, the term "pharmacotherapeutics"

means medications used to treat the symptoms and disease of drug

abuse, including medications to -

(1) block the effects of abused drugs;

(2) reduce the craving for abused drugs;

(3) moderate or eliminate withdrawal symptoms;

(4) block or reverse the toxic effect of abused drugs; or

(5) prevent relapse in persons who have been detoxified from

drugs of abuse.

(e) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated $85,000,000 for fiscal year 1993, and

$95,000,000 for fiscal year 1994.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464P, as added Pub. L.

102-321, title I, Sec. 123(b), July 10, 1992, 106 Stat. 362;

amended Pub. L. 103-43, title XX, Sec. 2008(b)(10), June 10, 1993,

107 Stat. 211.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1501 and 1504 of title 21, referred to in subsec. (c),

were repealed by Pub. L. 100-690, title I, Sec. 1009, Nov. 18,

1988, 102 Stat. 4188, as amended.

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(6). Pub. L. 103-43 substituted "Institute" for

"Administration".

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

REPORT BY INSTITUTE ON MEDICINE

Section 701 of Pub. L. 102-321 directed Secretary of Health and

Human Services to enter into a contract with a public or nonprofit

private entity to conduct a study concerning (1) role of the

private sector in development of anti-addiction medications,

including legislative proposals designed to encourage private

sector development of such medications, (2) process by which

anti-addiction medications receive marketing approval from Food and

Drug Administration, including an assessment of feasibility of

expediting marketing approval process in a manner consistent with

maintaining safety and effectiveness of such medications, (3) with

respect to pharmacotherapeutic treatments for drug addiction (A)

recommendations with respect to a national strategy for developing

such treatments and improvements in such strategy, (B) state of the

scientific knowledge concerning such treatments, and (C) assessment

of progress toward development of safe, effective pharmacological

treatments for drug addiction, and (4) other related information

determined appropriate by the authors of the study, and to submit

to Congress a report of the results of such study not later than 18

months after July 10, 1992.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 285o of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC subpart 16 - national institute of mental health 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 16 - national institute of mental health

-HEAD-

SUBPART 16 - NATIONAL INSTITUTE OF MENTAL HEALTH

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 289c-1 of this title.

-End-

-CITE-

42 USC Sec. 285p 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 16 - national institute of mental health

-HEAD-

Sec. 285p. Purpose of Institute

-STATUTE-

(a) In general

The general purpose of the National Institute of Mental Health

(hereafter in this subpart referred to as the "Institute") is the

conduct and support of biomedical and behavioral research, health

services research, research training, and health information

dissemination with respect to the cause, diagnosis, treatment,

control and prevention of mental illness.

(b) Research program

The research program established under this subpart shall include

support for biomedical and behavioral neuroscience and shall be

designed to further the treatment and prevention of mental illness,

the promotion of mental health, and the study of the psychological,

social and legal factors that influence behavior.

(c) Collaboration

The Director of the Institute shall collaborate with the

Administrator of the Substance Abuse and Mental Health Services

Administration in focusing the services research activities of the

Institute and in disseminating the results of such research to

health professionals and the general public.

(d) Information with respect to suicide

(1) In general

The Director of the Institute shall -

(A) develop and publish information with respect to the

causes of suicide and the means of preventing suicide; and

(B) make such information generally available to the public

and to health professionals.

(2) Youth suicide

Information described in paragraph (1) shall especially relate

to suicide among individuals under 24 years of age.

(e) Associate Director for Special Populations

(1) In general

The Director of the Institute shall designate an Associate

Director for Special Populations.

(2) Duties

The Associate Director for Special Populations shall -

(A) develop and coordinate research policies and programs to

assure increased emphasis on the mental health needs of women

and minority populations;

(B) support programs of basic and applied social and

behavioral research on the mental health problems of women and

minority populations;

(C) study the effects of discrimination on institutions and

individuals, including majority institutions and individuals;

(D) support and develop research designed to eliminate

institutional discrimination; and

(E) provide increased emphasis on the concerns of women and

minority populations in training programs, service delivery

programs, and research endeavors of the Institute.

(f) Funding

(1) Authorization of appropriations

For the purpose of carrying out this subpart, there are

authorized to be appropriated $675,000,000 for fiscal year 1993,

and such sums as may be necessary for fiscal year 1994.

(2) Allocation for health services research

Of the amounts appropriated under paragraph (1) for a fiscal

year, the Director shall obligate not less than 15 percent to

carry out health services research relating to mental health.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464R, as added Pub. L.

102-321, title I, Sec. 124(a), July 10, 1992, 106 Stat. 364;

amended Pub. L. 102-352, Sec. 2(a)(5), Aug. 26, 1992, 106 Stat.

938.)

-MISC1-

AMENDMENTS

1992 - Subsec. (f)(1). Pub. L. 102-352 struck out "other than

section 285o-4 of this title" after "this subpart".

EFFECTIVE DATE OF 1992 AMENDMENT

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.

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

REQUIRED ALLOCATIONS FOR HEALTH SERVICES RESEARCH

With respect to fiscal year 1993 allocations for health services

research required in subsec. (f)(2) of this section, the term "15

percent" deemed to be 12 percent, see section 2016(b) of Pub. L.

103-43, set out as a note under section 285n of this title.

STUDY OF BARRIERS TO INSURANCE COVERAGE OF TREATMENT FOR MENTAL

ILLNESS AND SUBSTANCE ABUSE

Section 704 of Pub. L. 102-321 directed Secretary of Health and

Human Services, acting through Director of the National Institute

of Mental Health and in consultation with Administrator of Health

Care Financing Administration, to conduct a study of the barriers

to insurance coverage for the treatment of mental illness and

substance abuse and to submit a report to Congress on the results

of such study not later than Oct. 1, 1993.

-End-

-CITE-

42 USC Sec. 285p-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 16 - national institute of mental health

-HEAD-

Sec. 285p-1. Associate Director for Prevention

-STATUTE-

(a) In general

There shall be in the Institute an Associate Director for

Prevention who shall be responsible for the full-time coordination

and promotion of the programs in the Institute concerning the

prevention of mental disorder. The Associate Director shall be

appointed by the Director of the Institute from individuals who

because of their professional training or expertise are experts in

mental disorder and the prevention of such.

(b) Report

The Associate Director for Prevention shall prepare for inclusion

in the biennial report made under section 284b of this title a

description of the prevention activities of the Institute,

including a description of the staff and resources allocated to

those activities.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464S, as added Pub. L.

102-321, title I, Sec. 124(b), July 10, 1992, 106 Stat. 365.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC Sec. 285p-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 16 - national institute of mental health

-HEAD-

Sec. 285p-2. Office of Rural Mental Health Research

-STATUTE-

(a) In general

There is established within the Institute an office to be known

as the Office of Rural Mental Health Research (hereafter in this

section referred to as the "Office"). The Office shall be headed by

a director, who shall be appointed by the Director of such

Institute from among individuals experienced or knowledgeable in

the provision of mental health services in rural areas. The

Secretary shall carry out the authorities established in this

section acting through the Director of the Office.

(b) Coordination of activities

The Director of the Office, in consultation with the Director of

the Institute and with the Director of the Office of Rural Health

Policy, shall -

(1) coordinate the research activities of the Department of

Health and Human Services as such activities relate to the mental

health of residents of rural areas; and

(2) coordinate the activities of the Office with similar

activities of public and nonprofit private entities.

(c) Research, demonstrations, evaluations, and dissemination

The Director of the Office may, with respect to the mental health

of adults and children residing in rural areas -

(1) conduct research on conditions that are unique to the

residents of rural areas, or more serious or prevalent in such

residents;

(2) conduct research on improving the delivery of services in

such areas; and

(3) disseminate information to appropriate public and nonprofit

private entities.

(d) Authority regarding grants and contracts

The Director of the Office may carry out the authorities

established in subsection (c) of this section directly and through

grants, cooperative agreements, or contracts with public or

nonprofit private entities.

(e) Report to Congress

Not later than February 1, 1993, and each fiscal year thereafter,

the Director shall submit to the Subcommittee on Health and the

Environment of the Committee on Energy and Commerce (of the House

of Representatives), and to the Committee on Labor and Human

Resources (of the Senate), a report describing the activities of

the Office during the preceding fiscal year, including a summary of

the activities of demonstration projects and a summary of

evaluations of the projects.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464T, as added Pub. L.

102-321, title I, Sec. 124(b), July 10, 1992, 106 Stat. 365.)

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC Sec. 285p-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 16 - national institute of mental health

-HEAD-

Sec. 285p-3. Office on AIDS

-STATUTE-

The Director of the Institute shall establish within the

Institute an Office on AIDS. The Office shall be responsible for

the coordination of research and determining the direction of the

Institute with respect to AIDS research related to -

(1) primary prevention of the spread of HIV, including

transmission via sexual behavior;

(2) mental health services research; and

(3) other matters determined appropriate by the Director.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464U, as added Pub. L.

102-321, title I, Sec. 124(b), July 10, 1992, 106 Stat. 366.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC subpart 17 - national institute of nursing

research 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 17 - national institute of nursing research

-HEAD-

SUBPART 17 - NATIONAL INSTITUTE OF NURSING RESEARCH

-End-

-CITE-

42 USC Sec. 285q 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 17 - national institute of nursing research

-HEAD-

Sec. 285q. Purpose of Institute

-STATUTE-

The general purpose of the National Institute of Nursing Research

(in this subpart referred to as the "Institute") is the conduct and

support of, and dissemination of information respecting, basic and

clinical nursing research, training, and other programs in patient

care research.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464V, formerly Sec. 483, as

added Pub. L. 99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 867;

renumbered Sec. 464V and amended Pub. L. 103-43, title XV, Sec.

1511(a)(1), (b)(2), June 10, 1993, 107 Stat. 178, 179.)

-COD-

CODIFICATION

Section was formerly classified to section 287c of this title

prior to renumbering by Pub. L. 103-43.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43, Sec. 1511(a)(1) substituted "Institute"

for "Center" in section catchline and "National Institute of

Nursing Research (in this subpart referred to as the 'Institute')"

for "National Center for Nursing Research (hereafter in this

subpart referred to as the 'Center')" in text.

STUDY ON ADEQUACY OF NUMBER OF NURSES

Section 1512 of Pub. L. 103-43 directed Secretary of Health and

Human Services, acting through Director of National Institute of

Nursing Research, to enter into a contract with a public or

nonprofit private entity to conduct a study for purpose of

determining whether and to what extent there is a need for an

increase in the number of nurses in hospitals and nursing homes in

order to promote the quality of patient care and reduce the

incidence among nurses of work-related injuries and stress and to

complete such study and submit a report to Congress not later than

18 months after June 10, 1993.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 285q-1 of this title.

-End-

-CITE-

42 USC Sec. 285q-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 17 - national institute of nursing research

-HEAD-

Sec. 285q-1. Specific authorities

-STATUTE-

To carry out section 285q of this title, the Director of the

Institute may provide research training and instruction and

establish, in the Institute and other nonprofit institutions,

research traineeships and fellowships in the study and

investigation of the prevention of disease, health promotion, and

the nursing care of individuals with and the families of

individuals with acute and chronic illnesses. The Director of the

Institute may provide individuals receiving such training and

instruction or such traineeships or fellowships with such stipends

and allowances (including amounts for travel and subsistence and

dependency allowances) as the Director determines necessary. The

Director may make grants to nonprofit institutions to provide such

training and instruction and traineeships and fellowships.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464W, formerly Sec. 484, as

added Pub. L. 99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 867;

renumbered Sec. 464W and amended Pub. L. 103-43, title XV, Sec.

1511(a)(2), (b)(2), (4)(A), June 10, 1993, 107 Stat. 178, 179.)

-COD-

CODIFICATION

Section was formerly classified to section 287c-1 of this title

prior to renumbering by Pub. L. 103-43.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43, Sec. 1511(a)(2), (b)(4)(A), substituted

"section 285q" for "section 287c" and "Institute" for "Center"

wherever appearing.

-End-

-CITE-

42 USC Sec. 285q-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 17 - national institute of nursing research

-HEAD-

Sec. 285q-2. Advisory council

-STATUTE-

(a) Appointment; functions and duties; acceptance of conditional

gifts; subcommittees

(1) The Secretary shall appoint an advisory council for the

Institute which shall advise, assist, consult with, and make

recommendations to the Secretary and the Director of the Institute

on matters related to the activities carried out by and through the

Institute and the policies respecting such activities.

(2) The advisory council for the Institute may recommend to the

Secretary acceptance, in accordance with section 238 of this title,

of conditional gifts for study, investigations, and research and

for the acquisition of grounds or construction, equipping, or

maintenance of facilities for the Institute.

(3) The advisory council for the Institute -

(A)(i) may make recommendations to the Director of the

Institute respecting research conducted at the Institute,

(ii) may review applications for grants and cooperative

agreements for research or training and recommend for approval

applications for projects which show promise of making valuable

contributions to human knowledge, and

(iii) may review any grant, contract, or cooperative agreement

proposed to be made or entered into by the Institute;

(B) may collect, by correspondence or by personal

investigation, information as to studies which 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 Institute is concerned and with the approval of the Director

of the Institute make available such information through

appropriate publications for the benefit of public and private

health entities and health professions personnel and scientists

and for the information of the general public; and

(C) may appoint subcommittees and convene workshops and

conferences.

(b) Membership; ex officio members; compensation

(1) The advisory council shall consist of ex officio members and

not more than eighteen members appointed by the Secretary.

(2) The ex officio members of the advisory council shall consist

of -

(A) the Secretary, the Director of NIH, the Director of the

Institute, the chief nursing officer of the Department of

Veterans Affairs, the Assistant Secretary of Defense for Health

Affairs, the Director of the Division of Nursing of the Health

Resources and Services Administration (or the designees of such

officers), and

(B) such additional officers or employees of the United States

as the Secretary determines necessary for the advisory council to

effectively carry out its functions.

(3) The members of the advisory council who are not ex officio

members shall be appointed as follows:

(A) Two-thirds of the members shall be appointed by the

Secretary from among the leading representatives of the health

and scientific disciplines (including public health and the

behavioral or social sciences) relevant to the activities of the

Institute. Of the members appointed pursuant to this

subparagraph, at least seven shall be professional nurses who are

recognized experts in the area of clinical practice, education,

or research.

(B) One-third of the members shall be appointed by the

Secretary from the general public and shall include leaders in

fields of public policy, law, health policy, economics, and

management.

(4) Members of the advisory council who are officers or employees

of the United States shall not receive any compensation for service

on the advisory council. The other members of the advisory council

shall receive, for each day (including traveltime) they are engaged

in the performance of the functions of the advisory council,

compensation at rates not to exceed the daily equivalent of the

annual rate in effect for grade GS-18 of the General Schedule.

(c) Term of office; vacancy; reappointment

The term of office of an appointed member of the advisory council

is four years, except that any member appointed to fill a vacancy

for an unexpired term shall be appointed for the remainder of such

term and the Secretary shall make appointments to an advisory

council in such a manner as to ensure that the terms of the members

do not all expire in the same year. A member may serve after the

expiration of the member's term until a successor has taken office.

A member who has been appointed for a term of four years may not be

reappointed to an advisory council before two years from the date

of expiration of such term of office. If a vacancy occurs in the

advisory council among the appointed members, the Secretary shall

make an appointment to fill the vacancy within 90 days from the

date the vacancy occurs.

(d) Chairman; selection; term of office

The chairman of the advisory council shall be selected by the

Secretary from among the appointed members, except that the

Secretary may select the Director of the Institute to be the

chairman of the advisory council. The term of office of the

chairman shall be two years.

(e) Meetings

The advisory council shall meet at the call of the chairman or

upon the request of the Director of the Institute, but at least

three times each fiscal year. The location of the meetings of the

advisory council is subject to the approval of the Director of the

Institute.

(f) Executive secretary; staff; orientation and training for new

members

The Director of the Institute shall designate a member of the

staff of the Institute to serve as the executive secretary of the

advisory council. The Director of the Institute shall make

available to the advisory council such staff, information, and

other assistance as it may require to carry out its functions. The

Director of the Institute shall provide orientation and training

for new members of the advisory council to provide them with such

information and training as may be appropriate for their effective

participation in the functions of the advisory council.

(g) Material for inclusion in biennial report; additional reports

The advisory council may prepare, for inclusion in the biennial

report made under section 285q-3 of this title, (1) comments

respecting the activities of the advisory council in the fiscal

years respecting which the report is prepared, (2) comments on the

progress of the Institute in meeting its objectives, and (3)

recommendations respecting the future directions and program and

policy emphasis of the Institute. The advisory council may prepare

such additional reports as it may determine appropriate.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464X, formerly Sec. 485, as

added Pub. L. 99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 867; amended

Pub. L. 101-381, title I, Sec. 102(4), Aug. 18, 1990, 104 Stat.

586; Pub. L. 102-54, Sec. 13(q)(1)(E), June 13, 1991, 105 Stat.

279; renumbered Sec. 464X and amended Pub. L. 103-43, title XV,

Sec. 1511(a)(3), (b)(2), (4)(B), title XX, Secs. 2008(b)(13),

2010(b)(5), June 10, 1993, 107 Stat. 178, 179, 211, 214.)

-COD-

CODIFICATION

Section was formerly classified to section 285c-2 of this title

prior to renumbering by Pub. L. 103-43.

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-43, Sec. 1511(a)(3)(A),

substituted "Institute" for "Center" wherever appearing.

Subsec. (a)(2). Pub. L. 103-43, Sec. 2010(b)(5), which directed

the substitution of "section 238" for "section 300aaa" in section

287c-2(a)(2) of this title, was executed to subsec. (a)(2) of this

section to reflect the probable intent of Congress and the

renumbering of this section. See Codification note above.

Subsec. (b)(2)(A). Pub. L. 103-43, Sec. 2008(b)(13), which

directed the substitution of "Department of Veterans Affairs" for

"Veterans' Administration" in section 287c-2(b)(2)(A) of this title

could not be executed because the words "Veterans' Administration"

do not appear in subsec. (b)(2)(A) of this section subsequent to

amendment by Pub. L. 102-54 and because of the renumbering of this

section. See Codification note above and 1991 Amendment note below.

Pub. L. 103-43, Secs. 1511(a)(3)(B)(i), substituted "Institute"

for "Center".

Subsec. (b)(3)(A). Pub. L. 103-43, Sec. 1511(a)(3)(B)(ii),

substituted "Institute" for "Center".

Subsecs. (d) to (f). Pub. L. 103-43, Sec. 1511(a)(3)(C),

substituted "Institute" for "Center" wherever appearing.

Subsec. (g). Pub. L. 103-43, Sec. 1511(a)(3)(C), (b)(4)(B),

substituted "section 285q-3" for "section 287c-3" and "Institute"

for "Center" in two places.

1991 - Subsec. (b)(2)(A). Pub. L. 102-54 substituted "chief

nursing officer of the Department of Veterans Affairs" for "Chief

Nursing Officer of the Veterans' Administration".

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.

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 the Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

Pub. L. 93-641, Sec. 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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 285q-3 of this title.

-End-

-CITE-

42 USC Sec. 285q-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 17 - national institute of nursing research

-HEAD-

Sec. 285q-3. Biennial report

-STATUTE-

The Director of the Institute after consultation with the

advisory council for the Institute, shall prepare for inclusion in

the biennial report made under section 283 of this title a biennial

report which shall consist of a description of the activities of

the Institute and program policies of the Director of the Institute

in the fiscal years respecting which the report is prepared. The

Director of the Institute may prepare such additional reports as

the Director determines appropriate. The Director of the Institute

shall provide the advisory council of the Institute an opportunity

for the submission of the written comments referred to in section

285q-2(g) of this title.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464Y, formerly Sec. 486, as

added Pub. L. 99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 869;

renumbered Sec. 485A, renumbered Sec. 464Y, and amended Pub. L.

103-43, title I, Sec. 141(a)(1), title XV, Sec. 1511(a)(4), (b)(2),

(4)(C), June 10, 1993, 107 Stat. 136, 179.)

-COD-

CODIFICATION

Section was formerly classified to section 287c-3 of this title

prior to renumbering by Pub. L. 103-43.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43, Sec. 1511(a)(4), (b)(4)(C), substituted

"Institute" for "Center" wherever appearing and "section 285q-2(g)"

for "section 287c-2(g)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 285q-2 of this title.

-End-

-CITE-

42 USC subpart 18 - national institute of biomedical

imaging and bioengineering 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 18 - national institute of biomedical imaging and

bioengineering

-HEAD-

SUBPART 18 - NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

BIOENGINEERING

-End-

-CITE-

42 USC Sec. 285r 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part C - Specific Provisions Respecting National Research Institutes

subpart 18 - national institute of biomedical imaging and

bioengineering

-HEAD-

Sec. 285r. Purpose of the Institute

-STATUTE-

(a) In general

The general purpose of the National Institute of Biomedical

Imaging and Bioengineering (in this section referred to as the

"Institute") is the conduct and support of research, training, the

dissemination of health information, and other programs with

respect to biomedical imaging, biomedical engineering, and

associated technologies and modalities with biomedical applications

(in this section referred to as "biomedical imaging and

bioengineering").

(b) National Biomedical Imaging and Bioengineering Program

(1) The Director of the Institute, with the advice of the

Institute's advisory council, shall establish a National Biomedical

Imaging and Bioengineering Program (in this section referred to as

the "Program").

(2) Activities under the Program shall include the following with

respect to biomedical imaging and bioengineering:

(A) Research into the development of new techniques and

devices.

(B) Related research in physics, engineering, mathematics,

computer science, and other disciplines.

(C) Technology assessments and outcomes studies to evaluate the

effectiveness of biologics, materials, processes, devices,

procedures, and informatics.

(D) Research in screening for diseases and disorders.

(E) The advancement of existing imaging and bioengineering

modalities, including imaging, biomaterials, and informatics.

(F) The development of target-specific agents to enhance images

and to identify and delineate disease.

(G) The development of advanced engineering and imaging

technologies and techniques for research from the molecular and

genetic to the whole organ and body levels.

(H) The development of new techniques and devices for more

effective interventional procedures (such as image-guided

interventions).

(3)(A) With respect to the Program, the Director of the Institute

shall prepare and transmit to the Secretary and the Director of NIH

a plan to initiate, expand, intensify, and coordinate activities of

the Institute with respect to biomedical imaging and

bioengineering. The plan shall include such comments and

recommendations as the Director of the Institute determines

appropriate. The Director of the Institute shall periodically

review and revise the plan and shall transmit any revisions of the

plan to the Secretary and the Director of NIH.

(B) The plan under subparagraph (A) shall include the

recommendations of the Director of the Institute with respect to

the following:

(i) Where appropriate, the consolidation of programs of the

National Institutes of Health for the express purpose of

enhancing support of activities regarding basic biomedical

imaging and bioengineering research.

(ii) The coordination of the activities of the Institute with

related activities of the other agencies of the National

Institutes of Health and with related activities of other Federal

agencies.

(c) Membership

The establishment under section 284a of this title of an advisory

council for the Institute is subject to the following:

(1) The number of members appointed by the Secretary shall be

12.

(2) Of such members -

(A) six members shall be scientists, engineers, physicians,

and other health professionals who represent disciplines in

biomedical imaging and bioengineering and who are not officers

or employees of the United States; and

(B) six members shall be scientists, engineers, physicians,

and other health professionals who represent other disciplines

and are knowledgeable about the applications of biomedical

imaging and bioengineering in medicine, and who are not

officers or employees of the United States.

(3) In addition to the ex officio members specified in section

284a(b)(2) of this title, the ex officio members of the advisory

council shall include the Director of the Centers for Disease

Control and Prevention, the Director of the National Science

Foundation, and the Director of the National Institute of

Standards and Technology (or the designees of such officers).

(d) Authorization of appropriations

(1) Subject to paragraph (2), for the purpose of carrying out

this section:

(A) For fiscal year 2001, there is authorized to be

appropriated an amount equal to the amount obligated by the

National Institutes of Health during fiscal year 2000 for

biomedical imaging and bioengineering, except that such amount

shall be adjusted to offset any inflation occurring after October

1, 1999.

(B) For each of the fiscal years 2002 and 2003, there is

authorized to be appropriated an amount equal to the amount

appropriated under subparagraph (A) for fiscal year 2001, except

that such amount shall be adjusted for the fiscal year involved

to offset any inflation occurring after October 1, 2000.

(2) The authorization of appropriations for a fiscal year under

paragraph (1) is hereby reduced by the amount of any appropriation

made for such year for the conduct or support by any other national

research institute of any program with respect to biomedical

imaging and bioengineering.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 464z, as added Pub. L.

106-580, Sec. 3(a), Dec. 29, 2000, 114 Stat. 3089.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-580, Sec. 4, Dec. 29, 2000, 114 Stat. 3092, provided

that: "This Act [enacting this subpart, amending section 281 of

this title, and enacting provisions set out as notes under this

section and section 201 of this title] takes effect October 1,

2000, or upon the date of the enactment of this Act [Dec. 29,

2000], whichever occurs later."

FINDINGS

Pub. L. 106-580, Sec. 2, Dec. 29, 2000, 114 Stat. 3088, provided

that: "The Congress makes the following findings:

"(1) Basic research in imaging, bioengineering, computer

science, informatics, and related fields is critical to improving

health care but is fundamentally different from the research in

molecular biology on which the current national research

institutes at the National Institutes of Health ('NIH') are

based. To ensure the development of new techniques and

technologies for the 21st century, these disciplines therefore

require an identity and research home at the NIH that is

independent of the existing institute structure.

"(2) Advances based on medical research promise new, more

effective treatments for a wide variety of diseases, but the

development of new, noninvasive imaging techniques for earlier

detection and diagnosis of disease is essential to take full

advantage of such new treatments and to promote the general

improvement of health care.

"(3) The development of advanced genetic and molecular imaging

techniques is necessary to continue the current rapid pace of

discovery in molecular biology.

"(4) Advances in telemedicine, and teleradiology in particular,

are increasingly important in the delivery of high quality,

reliable medical care to rural citizens and other underserved

populations. To fulfill the promise of telemedicine and related

technologies fully, a structure is needed at the NIH to support

basic research focused on the acquisition, transmission,

processing, and optimal display of images.

"(5) A number of Federal departments and agencies support

imaging and engineering research with potential medical

applications, but a central coordinating body, preferably housed

at the NIH, is needed to coordinate these disparate efforts and

facilitate the transfer of technologies with medical

applications.

"(6) Several breakthrough imaging technologies, including

magnetic resonance imaging ('MRI') and computed tomography

('CT'), have been developed primarily abroad, in large part

because of the absence of a home at the NIH for basic research in

imaging and related fields. The establishment of a central focus

for imaging and bioengineering research at the NIH would promote

both scientific advance and United States economic development.

"(7) At a time when a consensus exists to add significant

resources to the NIH in coming years, it is appropriate to

modernize the structure of the NIH to ensure that research

dollars are expended more effectively and efficiently and that

the fields of medical science that have contributed the most to

the detection, diagnosis, and treatment of disease in recent

years receive appropriate emphasis.

"(8) The establishment of a National Institute of Biomedical

Imaging and Bioengineering at the NIH would accelerate the

development of new technologies with clinical and research

applications, improve coordination and efficiency at the NIH and

throughout the Federal Government, reduce duplication and waste,

lay the foundation for a new medical information age, promote

economic development, and provide a structure to train the young

researchers who will make the pathbreaking discoveries of the

next century."

ESTABLISHMENT OF INSTITUTE AND ADVISORY COUNCIL

Pub. L. 106-580, Sec. 3(b)-(d), Dec. 29, 2000, 114 Stat. 3091,

provided that:

"(b) Use of Existing Resources. - In providing for the

establishment of the National Institute of Biomedical Imaging and

Bioengineering pursuant to the amendment made by subsection (a)

[enacting this subpart], the Director of the National Institutes of

Health (referred to in this subsection as 'NIH') -

"(1) may transfer to the National Institute of Biomedical

Imaging and Bioengineering such personnel of NIH as the Director

determines to be appropriate;

"(2) may, for quarters for such Institute, utilize such

facilities of NIH as the Director determines to be appropriate;

and

"(3) may obtain administrative support for the Institute from

the other agencies of NIH, including the other national research

institutes.

"(c) Construction of Facilities. - None of the provisions of this

Act [enacting this subpart, amending section 281 of this title, and

enacting provisions set out as notes under this section and section

201 of this title] or the amendments made by the Act may be

construed as authorizing the construction of facilities, or the

acquisition of land, for purposes of the establishment or operation

of the National Institute of Biomedical Imaging and Bioengineering.

"(d) Date Certain for Establishment of Advisory Council. - Not

later than 90 days after the effective date of this Act [Dec. 29,

2000] under section 4 [set out above], the Secretary of Health and

Human Services shall complete the establishment of an advisory

council for the National Institute of Biomedical Imaging and

Bioengineering in accordance with section 406 of the Public Health

Service Act [section 284a of this title] and in accordance with

section 464z of such Act (as added by subsection (a) of this

section) [this section]."

-End-

-CITE-

42 USC Part D - National Library of Medicine 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

-HEAD-

PART D - NATIONAL LIBRARY OF MEDICINE

-End-

-CITE-

42 USC subpart 1 - general provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 1 - general provisions

-HEAD-

SUBPART 1 - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 286 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 1 - general provisions

-HEAD-

Sec. 286. National Library of Medicine

-STATUTE-

(a) Purpose and establishment

In order to assist the advancement of medical and related

sciences and to aid the dissemination and exchange of scientific

and other information important to the progress of medicine and to

the public health, there is established the National Library of

Medicine (hereafter in this part referred to as the "Library").

(b) Functions

The Secretary, through the Library and subject to subsection (d)

of this section, shall -

(1) acquire and preserve books, periodicals, prints, films,

recordings, and other library materials pertinent to medicine;

(2) organize the materials specified in paragraph (1) by

appropriate cataloging, indexing, and bibliographical listings;

(3) publish and disseminate the catalogs, indexes, and

bibliographies referred to in paragraph (2);

(4) make available, through loans, photographic or other

copying procedures, or otherwise, such materials in the Library

as the Secretary determines appropriate;

(5) provide reference and research assistance;

(6) publicize the availability from the Library of the products

and services described in any of paragraphs (1) through (5);

(7) promote the use of computers and telecommunications by

health professionals (including health professionals in rural

areas) for the purpose of improving access to biomedical

information for health care delivery and medical research; and

(8) engage in such other activities as the Secretary determines

appropriate and as the Library's resources permit.

(c) Exchange, destruction, or disposal of materials not needed

The Secretary may exchange, destroy, or otherwise dispose of any

books, periodicals, films, and other library materials not needed

for the permanent use of the Library.

(d) Availability of publications, materials, facilities, or

services; prescription of rules

(1) The Secretary may, after obtaining the advice and

recommendations of the Board of Regents, prescribe rules under

which the Library will -

(A) provide copies of its publications or materials,

(B) will make available its facilities for research, or

(C) will make available its bibliographic, reference, or other

services,

to public and private entities and individuals.

(2) Rules prescribed under paragraph (1) may provide for making

available such publications, materials, facilities, or services -

(A) without charge as a public service,

(B) upon a loan, exchange, or charge basis, or

(C) in appropriate circumstances, under contract arrangements

made with a public or other nonprofit entity.

(e) Regional medical libraries; establishment

Whenever the Secretary, with the advice of the Board of Regents,

determines that -

(1) in any geographic area of the United States there is no

regional medical library adequate to serve such area;

(2) under criteria prescribed for the administration of section

286b-6 of this title, there is a need for a regional medical

library to serve such area; and

(3) because there is no medical library located in such area

which, with financial assistance under section 286b-6 of this

title, can feasibly be developed into a regional medical library

adequate to serve such area,

the Secretary may establish, as a branch of the Library, a regional

medical library to serve the needs of such area.

(f) Acceptance and administration of gifts; memorials

Section 238 of this title shall be applicable to the acceptance

and administration of gifts made for the benefit of the Library or

for carrying out any of its functions, and the Board of Regents

shall make recommendations to the Secretary relating to

establishment within the Library of suitable memorials to the

donors.

(g) "Medicine" and "medical" defined

For purposes of this part, the terms "medicine" and "medical",

except when used in section 286a of this title, include preventive

and therapeutic medicine, dentistry, pharmacy, hospitalization,

nursing, public health, and the fundamental sciences related

thereto, and other related fields of study, research, or activity.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 465, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 857; amended Pub. L.

99-660, title III, Sec. 311(b)(1), Nov. 14, 1986, 100 Stat. 3779;

Pub. L. 100-202, Sec. 101(h) [title II, Sec. 215], Dec. 22, 1987,

101 Stat. 1329-256, 1329-275; Pub. L. 100-607, title II, Sec.

204(2), Nov. 4, 1988, 102 Stat. 3079; Pub. L. 100-690, title II,

Sec. 2620(b)(1), Nov. 18, 1988, 102 Stat. 4244; Pub. L. 101-381,

title I, Sec. 102(2), Aug. 18, 1990, 104 Stat. 585; Pub. L. 103-43,

title XIV, Sec. 1401(a), (c)(1), title XX, Sec. 2010(b)(3), June

10, 1993, 107 Stat. 170, 214.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43, Sec. 1401(c)(1), repealed amendment by

Pub. L. 100-202. See 1987 Amendment note below.

Subsec. (b)(6) to (8). Pub. L. 103-43, Sec. 1401(a), added pars.

(6) and (7) and redesignated former par. (6) as (8).

Subsec. (f). Pub. L. 103-43, Sec. 2010(b)(3), substituted

"Section 238" for "Section 300aaa".

1990 - Subsec. (f). 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. (f). Pub. L. 100-690 made technical amendment to

reference to section 300aaa of this title to reflect renumbering of

corresponding section of original act.

Pub. L. 100-607 substituted "300aaa" for "300cc".

1987 - Pub. L. 100-202, which directed the amendment of "Section

465(B) of 42 U.S.C. 286" by inserting "between (5) and (6) an

additional charge to the Secretary to 'publicize the availability

of the above products and services of the National Library of

Medicine' ", was repealed by Pub. L. 103-43, Sec. 1401(c)(1).

1986 - Subsec. (f). Pub. L. 99-660 substituted "section 300cc of

this title" for "section 300aa of this title".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-660 effective Dec. 22, 1987, see section

323 of Pub. L. 99-660, as amended, set out as an Effective Date

note under section 300aa-1 of this title.

APPLICABILITY OF CERTAIN NEW AUTHORITY

Section 1401(c)(2) of Pub. L. 103-43 provided that: "With respect

to the authority established for the National Library of Medicine

in section 465(b)(6) of the Public Health Service Act, as added by

subsection (a) of this section [subsec. (b)(6) of this section],

such authority shall be effective as if the authority had been

established on December 22, 1987."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 286c of this title.

-End-

-CITE-

42 USC Sec. 286a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 1 - general provisions

-HEAD-

Sec. 286a. Board of Regents

-STATUTE-

(a) Membership; ex officio members

(1)(A) The Board of Regents of the National Library of Medicine

consists of ex officio members and ten members appointed by the

Secretary.

(B) The ex officio members are the Surgeons General of the Public

Health Service, the Army, the Navy, and the Air Force, the Under

Secretary for Health of the Department of Veterans Affairs, the

Dean of the Uniformed Services University of the Health Sciences,

the Assistant Director for Biological, Behavioral, and Social

Sciences of the National Science Foundation, the Director of the

National Agricultural Library, and the Librarian of Congress (or

their designees).

(C) The appointed members shall be selected from among leaders in

the various fields of the fundamental sciences, medicine,

dentistry, public health, hospital administration, pharmacology,

health communications technology, or scientific or medical library

work, or in public affairs. At least six of the appointed members

shall be selected from among leaders in the fields of medical,

dental, or public health research or education.

(2) The Board shall annually elect one of the appointed members

to serve as chairman until the next election. The Secretary shall

designate a member of the Library staff to act as executive

secretary of the Board.

(b) Recommendations on matters of policy; recommendations included

in annual report; use of services of members by Secretary

The Board shall advise, consult with, and make recommendations to

the Secretary on matters of policy in regard to the Library,

including such matters as the acquisition of materials for the

Library, the scope, content, and organization of the Library's

services, and the rules under which its materials, publications,

facilities, and services shall be made available to various kinds

of users. The Secretary shall include in the annual report of the

Secretary to the Congress a statement covering the recommendations

made by the Board and the disposition thereof. The Secretary may

use the services of any member of the Board in connection with

matters related to the work of the Library, for such periods, in

addition to conference periods, as the Secretary may determine.

(c) Term of office; vacancy; reappointment

Each appointed member of the Board shall hold office for a term

of four years, except that any member appointed to fill a vacancy

occurring prior to the expiration of the term for which the

predecessor of such member was appointed shall be appointed for the

remainder of such term. None of the appointed members shall be

eligible for reappointment within one year after the end of the

preceding term of such member.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 466, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 859; amended Pub. L.

102-405, title III, Sec. 302(e)(1), Oct. 9, 1992, 106 Stat. 1985;

Pub. L. 103-43, title XX, Sec. 2008(b)(11), June 10, 1993, 107

Stat. 211.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(1)(B). Pub. L. 103-43 substituted "Department

of Veterans Affairs" for "Veterans' Administration".

1992 - Subsec. (a)(1)(B). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 286 of this title.

-End-

-CITE-

42 USC Sec. 286a-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 1 - general provisions

-HEAD-

Sec. 286a-1. Library facilities

-STATUTE-

There are authorized to be appropriated amounts sufficient for

the erection and equipment of suitable and adequate buildings and

facilities for use of the Library. The Administrator of General

Services may acquire, by purchase, condemnation, donation, or

otherwise, a suitable site or sites, selected by the Secretary in

accordance with the direction of the Board, for such buildings and

facilities and to erect thereon, furnish, and equip such buildings

and facilities. The amounts authorized to be appropriated by this

section include the cost of preparation of drawings and

specifications, supervision of construction, and other

administrative expenses incident to the work. The Administrator of

General Services shall prepare the plans and specifications, make

all necessary contracts, and supervise construction.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 467, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 859.)

-End-

-CITE-

42 USC Sec. 286a-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 1 - general provisions

-HEAD-

Sec. 286a-2. Authorization of appropriations

-STATUTE-

(a) For the purpose of carrying out this part, there are

authorized to be appropriated $150,000,000 for fiscal year 1994,

and such sums as may be necessary for each of the fiscal years 1995

and 1996.

(b) Amounts appropriated under subsection (a) of this section and

made available for grants or contracts under any of sections 286b-3

through 286b-7 of this title shall remain available until the end

of the fiscal year following the fiscal year for which the amounts

were appropriated.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 468, as added Pub. L.

103-43, title XIV, Sec. 1402(a), June 10, 1993, 107 Stat. 170.)

-End-

-CITE-

42 USC subpart 2 - financial assistance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 2 - financial assistance

-HEAD-

SUBPART 2 - FINANCIAL ASSISTANCE

-End-

-CITE-

42 USC Sec. 286b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 2 - financial assistance

-HEAD-

Sec. 286b. Repealed. Pub. L. 103-43, title XIV, Sec. 1402(b), June

10, 1993, 107 Stat. 171

-MISC1-

Section, act July 1, 1944, ch. 373, title IV, Sec. 469, as added

Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 860; amended Nov.

4, 1988, Pub. L. 100-607, title I, Sec. 146(a), 102 Stat. 3058,

authorized appropriations for grants and contracts under sections

286b-3 through 286b-7 of this title.

-End-

-CITE-

42 USC Sec. 286b-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 2 - financial assistance

-HEAD-

Sec. 286b-1. Definitions

-STATUTE-

As used in this subpart -

(1) the term "medical library" means a library related to the

sciences related to health; and

(2) the term "sciences related to health" includes medicine,

osteopathy, dentistry, and public health, and fundamental and

applied sciences when related thereto.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 470, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 860.)

-End-

-CITE-

42 USC Sec. 286b-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 2 - financial assistance

-HEAD-

Sec. 286b-2. National Medical Libraries Assistance Advisory Board

-STATUTE-

(a) Board of Regents of National Library of Medicine to serve as

The Board of Regents of the National Library of Medicine shall

also serve as the National Medical Libraries Assistance Advisory

Board (hereafter in this subpart referred to as the "Board").

(b) Functions

The Board shall advise and assist the Secretary in the

preparation of general regulations and with respect to policy

matters arising in the administration of this subpart.

(c) Use of services of members by Secretary

The Secretary may use the services of any member of the Board, in

connection with matters related to the administration of this part

for such periods, in addition to conference periods, as the

Secretary may determine.

(d) Compensation

Appointed members of the Board who are not otherwise in the

employ of the United States, while attending conferences of the

Board or otherwise serving at the request of the Secretary in

connection with the administration of this subpart, shall be

entitled to receive compensation, per diem in lieu of subsistence,

and travel expenses in the same manner and under the same

conditions as that prescribed under section 210(c) of this title

when attending conferences, traveling, or serving at the request of

the Secretary in connection with the Board's function under this

section.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 471, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 860.)

-MISC1-

TERMINATION OF ADVISORY BOARDS

Advisory boards 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 board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by the Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

Pub. L. 93-641, Sec. 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.

-End-

-CITE-

42 USC Sec. 286b-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 2 - financial assistance

-HEAD-

Sec. 286b-3. Grants for training in medical library sciences

-STATUTE-

The Secretary shall make grants -

(1) to individuals to enable them to accept traineeships and

fellowships leading to postbaccalaureate academic degrees in the

field of medical library science, in related fields pertaining to

sciences related to health, or in the field of the communication

of information;

(2) to individuals who are librarians or specialists in

information on sciences relating to health, to enable them to

undergo intensive training or retraining so as to attain greater

competence in their occupations (including competence in the

fields of automatic data processing and retrieval);

(3) to assist appropriate public and private nonprofit

institutions in developing, expanding, and improving training

programs in library science and the field of communications of

information pertaining to sciences relating to health; and

(4) to assist in the establishment of internship programs in

established medical libraries meeting standards which the

Secretary shall prescribe.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 472, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 860.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 286a-2, 286b-8 of this

title.

-End-

-CITE-

42 USC Sec. 286b-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 2 - financial assistance

-HEAD-

Sec. 286b-4. Assistance for projects in sciences related to health,

for research and development in medical library science, and for

development of education technologies

-STATUTE-

(a) Compilation of existing and original writings on health

The Secretary shall make grants to physicians and other

practitioners in the sciences related to health, to scientists, and

to public or nonprofit private institutions on behalf of such

physicians, other practitioners, and scientists for the compilation

of existing, or the writing of original, contributions relating to

scientific, social, or cultural advancements in sciences related to

health. In making such grants, the Secretary shall make appropriate

arrangements under which the facilities of the Library and the

facilities of libraries of public and private nonprofit

institutions of higher learning may be made available in connection

with the projects for which such grants are made.

(b) Medical library science and related activities

The Secretary shall make grants to appropriate public or private

nonprofit institutions and enter into contracts with appropriate

persons, for purposes of carrying out projects of research,

investigations, and demonstrations in the field of medical library

science and related activities and for the development of new

techniques, systems, and equipment, for processing, storing,

retrieving, and distributing information pertaining to sciences

related to health.

(c) Development of education technologies

(1) The Secretary shall make grants to public or nonprofit

private institutions for the purpose of carrying out projects of

research on, and development and demonstration of, new education

technologies.

(2) The purposes for which a grant under paragraph (1) may be

made include projects concerning -

(A) computer-assisted teaching and testing of clinical

competence at health professions and research institutions;

(B) the effective transfer of new information from research

laboratories to appropriate clinical applications;

(C) the expansion of the laboratory and clinical uses of

computer-stored research databases; and

(D) the testing of new technologies for training health care

professionals.

(3) The Secretary may not make a grant under paragraph (1) unless

the applicant for the grant agrees to make the projects available

with respect to -

(A) assisting in the training of health professions students;

and

(B) enhancing and improving the capabilities of health

professionals regarding research and teaching.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 473, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 861; amended Pub. L.

103-43, title XIV, Sec. 1411, June 10, 1993, 107 Stat. 171.)

-MISC1-

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-43 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 286a-2, 286b-8 of this

title.

-End-

-CITE-

42 USC Sec. 286b-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 2 - financial assistance

-HEAD-

Sec. 286b-5. Grants for establishing, expanding, and improving

basic resources of medical libraries and related

instrumentalities

-STATUTE-

(a) The Secretary shall make grants of money, materials, or both,

to public or private nonprofit medical libraries and related

scientific communication instrumentalities for the purpose of

establishing, expanding, and improving their basic medical library

or related resources. A grant under this subsection may be used for

-

(1) the acquisition of books, journals, photographs, motion

picture and other films, and other similar materials;

(2) cataloging, binding, and other services and procedures for

processing library resource materials for use by those who are

served by the library or related instrumentality;

(3) the acquisition of duplication devices, facsimile

equipment, film projectors, recording equipment, and other

equipment to facilitate the use of the resources of the library

or related instrumentality by those who are served by it; and

(4) the introduction of new technologies in medical

librarianship.

(b)(1) The amount of any grant under this section to any medical

library or related instrumentality shall be determined by the

Secretary on the basis of the scope of library or related services

provided by such library or instrumentality in relation to the

population and purposes served by it. In making a determination of

the scope of services served by any medical library or related

instrumentality, the Secretary shall take into account -

(A) the number of graduate and undergraduate students making

use of the resources of such library or instrumentality;

(B) the number of physicians and other practitioners in the

sciences related to health utilizing the resources of such

library or instrumentality;

(C) the type of supportive staffs, if any, available to such

library or instrumentality;

(D) the type, size, and qualifications of the faculty of any

school with which such library or instrumentality is affiliated;

(E) the staff of any hospital or hospitals or of any clinic or

clinics with which such library or instrumentality is affiliated;

and

(F) the geographic area served by such library or

instrumentality and the availability within such area of medical

library or related services provided by other libraries or

related instrumentalities.

(2) Grants to such medical libraries or related instrumentalities

under this section shall be in such amounts as the Secretary may by

regulation prescribe with a view to assuring adequate continuing

financial support for such libraries or instrumentalities from

other sources during and after the period for which grants are

provided, except that in no case shall any grant under this section

to a medical library or related instrumentality for any fiscal year

exceed $1,000,000.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 474, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 861; amended Pub. L.

100-607, title I, Sec. 146(b), Nov. 4, 1988, 102 Stat. 3058; Pub.

L. 103-43, title XIV, Sec. 1401(b), June 10, 1993, 107 Stat. 170.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(2). Pub. L. 103-43 substituted "$1,000,000"

for "$750,000".

1988 - Subsec. (b)(2). Pub. L. 100-607 substituted "$750,000" for

"$500,000".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 286a-2, 286b-8 of this

title.

-End-

-CITE-

42 USC Sec. 286b-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 2 - financial assistance

-HEAD-

Sec. 286b-6. Grants and contracts for establishment of regional

medical libraries

-STATUTE-

(a) Existing public or private nonprofit medical libraries

The Secretary, with the advice of the Board, shall make grants to

and enter into contracts with existing public or private nonprofit

medical libraries so as to enable each of them to serve as the

regional medical library for the geographical area in which it is

located.

(b) Uses for grants and contracts

The uses for which grants and contracts under this section may be

employed include the -

(1) acquisition of books, journals, and other similar

materials;

(2) cataloging, binding, and other procedures for processing

library resource materials for use by those who are served by the

library;

(3) acquisition of duplicating devices and other equipment to

facilitate the use of the resources of the library by those who

are served by it;

(4) acquisition of mechanisms and employment of personnel for

the speedy transmission of materials from the regional library to

local libraries in the geographic area served by the regional

library; and

(5) planning for services and activities under this section.

(c) Conditions

(1) Grants and contracts under this section shall only be made to

or entered into with medical libraries which agree -

(A) to modify and increase their library resources, and to

supplement the resources of cooperating libraries in the region,

so as to be able to provide adequate supportive services to all

libraries in the region as well as to individual users of library

services; and

(B) to provide free loan services to qualified users and make

available photoduplicated or facsimile copies of biomedical

materials which qualified requesters may retain.

(2) The Secretary, in awarding grants and contracts under this

section, shall give priority to medical libraries having the

greatest potential of fulfilling the needs for regional medical

libraries. In determining the priority to be assigned to any

medical library, the Secretary shall consider -

(A) the adequacy of the library (in terms of collections,

personnel, equipment, and other facilities) as a basis for a

regional medical library; and

(B) the size and nature of the population to be served in the

region in which the library is located.

(d) Basic resources materials; limitation on grant or contract

Grants and contracts under this section for basic resource

materials to a library may not exceed -

(1) 50 percent of the library's annual operating expense

(exclusive of Federal financial assistance under this part) for

the preceding year; or

(2) in case of the first year in which the library receives a

grant under this section for basic resource materials, 50 percent

of its average annual operating expenses over the past three

years (or if it had been in operation for less than three years,

its annual operating expenses determined by the Secretary in

accordance with regulations).

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 475, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 862.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 286, 286a-2, 286b-8 of

this title.

-End-

-CITE-

42 USC Sec. 286b-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 2 - financial assistance

-HEAD-

Sec. 286b-7. Financial support of biomedical scientific

publications

-STATUTE-

(a) The Secretary, with the advice of the Board, shall make

grants to, and enter into appropriate contracts with, public or

private nonprofit institutions of higher education and individual

scientists for the purpose of supporting biomedical scientific

publications of a nonprofit nature and to procure the compilation,

writing, editing, and publication of reviews, abstracts, indices,

handbooks, bibliographies, and related matter pertaining to

scientific works and scientific developments.

(b) Grants under subsection (a) of this section in support of any

single periodical publication may not be made for more than three

years, except in those cases in which the Secretary determines that

further support is necessary to carry out the purposes of

subsection (a) of this section.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 476, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 863.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 286a-2, 286b-8 of this

title.

-End-

-CITE-

42 USC Sec. 286b-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 2 - financial assistance

-HEAD-

Sec. 286b-8. Grant payments, records, and audit

-STATUTE-

(a) Payments under grants made under sections 286b-3, 286b-4,

286b-5, 286b-6, and 286b-7 of this title may be made in advance or

by way of reimbursement and in such installments as the Secretary

shall prescribe by regulation after consultation with the Board.

(b)(1) Each recipient of a grant under this subpart shall keep

such records as the Secretary shall prescribe, including records

which fully disclose the amount and disposition by such recipient

of the proceeds of such grant, the total cost of the project or

undertaking in connection with which such grant is given or used,

and the amount of that portion of the cost of the project or

undertaking supplied by other sources, and such other records as

will facilitate an effective audit.

(2) The Secretary and the Comptroller General of the United

States, or any of their duly authorized representatives, shall have

access for the purpose of audit and examination to any books,

documents, papers, and records of such recipients that are

pertinent to any grant received under this subpart.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 477, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 863.)

-End-

-CITE-

42 USC subpart 3 - national center for biotechnology

information 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 3 - national center for biotechnology information

-HEAD-

SUBPART 3 - NATIONAL CENTER FOR BIOTECHNOLOGY INFORMATION

-End-

-CITE-

42 USC Sec. 286c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 3 - national center for biotechnology information

-HEAD-

Sec. 286c. Purpose, establishment, functions, and funding of

National Center for Biotechnology Information

-STATUTE-

(a) Establishment

In order to focus and expand the collection, storage, retrieval,

and dissemination of the results of biotechnology research by

information systems, and to support and enhance the development of

new information technologies to aid in the understanding of the

molecular processes that control health and disease, there is

established the National Center for Biotechnology Information

(hereinafter in this section referred to as the "Center") in the

National Library of Medicine.

(b) Functions

The Secretary, through the Center and subject to section 286(d)

of this title, shall -

(1) design, develop, implement, and manage automated systems

for the collection, storage, retrieval, analysis, and

dissemination of knowledge concerning human molecular biology,

biochemistry, and genetics;

(2) perform research into advanced methods of computer-based

information processing capable of representing and analyzing the

vast number of biologically important molecules and compounds;

(3) enable persons engaged in biotechnology research and

medical care to use systems developed under paragraph (1) and

methods described in paragraph (2); and

(4) coordinate, as much as is practicable, efforts to gather

biotechnology information on an international basis.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 478, as added Pub. L.

100-607, title I, Sec. 105, Nov. 4, 1988, 102 Stat. 3052; amended

Pub. L. 103-43, title XIV, Sec. 1402(b), June 10, 1993, 107 Stat.

171.)

-MISC1-

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-43 struck out subsec. (c) which

read as follows: "For the purpose of performing the duties

specified in subsection (b) of this section, there are authorized

to be appropriated $8,000,000 for fiscal year 1989 and such sums as

may be necessary for fiscal year 1990. Funds appropriated under

this subsection shall remain available until expended."

-End-

-CITE-

42 USC subpart 4 - national information center on health

services research and health care technology 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 4 - national information center on health services research

and health care technology

-HEAD-

SUBPART 4 - NATIONAL INFORMATION CENTER ON HEALTH SERVICES RESEARCH

AND HEALTH CARE TECHNOLOGY

-End-

-CITE-

42 USC Sec. 286d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part D - National Library of Medicine

subpart 4 - national information center on health services research

and health care technology

-HEAD-

Sec. 286d. National Information Center

-STATUTE-

(a) Establishment

There is established within the Library an entity to be known as

the National Information Center on Health Services Research and

Health Care Technology (in this section referred to as the

"Center").

(b) Purpose

The purpose of the Center is the collection, storage, analysis,

retrieval, and dissemination of information on health services

research, clinical practice guidelines, and on health care

technology, including the assessment of such technology. Such

purpose includes developing and maintaining data bases and

developing and implementing methods of carrying out such purpose.

(c) Electronic, convenient format; criteria for inclusion

The Director of the Center shall ensure that information under

subsection (b) of this section concerning clinical practice

guidelines is collected and maintained electronically and in a

convenient format. Such Director shall develop and publish criteria

for the inclusion of practice guidelines and technology assessments

in the information center database.

(d) Coordination with Director of the Agency for Healthcare

Research and Quality

The Secretary, acting through the Center, shall coordinate the

activities carried out under this section through the Center with

related activities of the Director of the Agency for Healthcare

Research and Quality.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 478A, as added Pub. L.

103-43, title XIV, Sec. 1421, June 10, 1993, 107 Stat. 171; amended

Pub. L. 106-129, Sec. 2(b)(2), Dec. 6, 1999, 113 Stat. 1670.)

-MISC1-

AMENDMENTS

1999 - Subsec. (d). Pub. L. 106-129 substituted "Director of the

Agency for Healthcare Research and Quality" for "Administrator for

Health Care Policy and Research".

CONSTRUCTION

Section 1422(b) of Pub. L. 103-43 provided that: "The amendments

made by section 3 of Public Law 102-410 (106 Stat. 2094) [amending

section 299a-1 of this title], by section 1421 of this Act

[enacting this section], and by subsection (a) of this section

[amending section 299a-1 of this title] may not be construed as

terminating the information center on health care technologies and

health care technology assessment established under section 904 of

the Public Health Service Act [section 299a-2 of this title], as in

effect on the day before the date of the enactment of Public Law

102-410 [Oct. 13, 1992]. Such center shall be considered to be the

center established in section 478A of the Public Health Service

Act, as added by section 1421 of this Act [this section], and shall

be subject to the provisions of such section 478A."

-End-

-CITE-

42 USC Part E - Other Agencies of NIH 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

-HEAD-

PART E - OTHER AGENCIES OF NIH

-End-

-CITE-

42 USC subpart 1 - national center for research resources 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 1 - national center for research resources

-HEAD-

SUBPART 1 - NATIONAL CENTER FOR RESEARCH RESOURCES

-End-

-CITE-

42 USC Sec. 287 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 1 - national center for research resources

-HEAD-

Sec. 287. General purpose

-STATUTE-

The general purpose of the National Center for Research Resources

(in this subpart referred to as the "Center") is to strengthen and

enhance the research environments of entities engaged in

health-related research by developing and supporting essential

research resources.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 479, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 864; amended Pub. L.

103-43, title XV, Sec. 1501(2)(B), June 10, 1993, 107 Stat. 172.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43 substituted "the National Center for

Research Resources (in this subpart referred to as the 'Center')"

for "the Division of Research Resources".

SHARED INSTRUMENTATION GRANT PROGRAM

Pub. L. 106-505, title III, Sec. 305, Nov. 13, 2000, 114 Stat.

2335, provided that:

"(a) Authorization of Appropriations. - There is authorized to be

appropriated $100,000,000 for fiscal year 2000, and such sums as

may be necessary for each subsequent fiscal year, to enable the

Secretary of Health and Human Services, acting through the Director

of the National Center for Research Resources, to provide for the

continued operation of the Shared Instrumentation Grant Program

(initiated in fiscal year 1992 under the authority of section 479

of the Public Health Service Act (42 U.S.C. 287 et seq.)).

"(b) Requirements for Grants. - In determining whether to award a

grant to an applicant under the program described in subsection

(a), the Director of the National Center for Research Resources

shall consider -

"(1) the extent to which an award for the specific instrument

involved would meet the scientific needs and enhance the planned

research endeavors of the major users by providing an instrument

that is unavailable or to which availability is highly limited;

"(2) with respect to the instrument involved, the availability

and commitment of the appropriate technical expertise within the

major user group or the applicant institution for use of the

instrumentation;

"(3) the adequacy of the organizational plan for the use of the

instrument involved and the internal advisory committee for

oversight of the applicant, including sharing arrangements if

any;

"(4) the applicant's commitment for continued support of the

utilization and maintenance of the instrument; and

"(5) the extent to which the specified instrument will be

shared and the benefit of the proposed instrument to the overall

research community to be served.

"(c) Peer Review. - In awarding grants under the program

described in subsection (a)[, the] Director of the National Center

for Research Resources shall comply with the peer review

requirements in section 492 of the Public Health Service Act (42

U.S.C. 289a)."

-End-

-CITE-

42 USC Sec. 287a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 1 - national center for research resources

-HEAD-

Sec. 287a. Advisory council

-STATUTE-

(a) Appointment; functions and duties; acceptance of conditional

gifts; subcommittees

(1) The Secretary shall appoint an advisory council for the

Center which shall advise, assist, consult with, and make

recommendations to the Secretary and the Director of the Center on

matters related to the activities carried out by and through the

Center and the policies respecting such activities.

(2) The advisory council for the Center may recommend to the

Secretary acceptance, in accordance with section 238 of this title,

of conditional gifts for study, investigations, and research and

for the acquisition of grounds or construction, equipping, or

maintenance of facilities for the Center.

(3) The advisory council for the Center -

(A)(i) may make recommendations to the Director of the Center

respecting research conducted at the Center,

(ii) may review applications for grants and cooperative

agreements for research or training and recommend for approval

applications for projects which show promise of making valuable

contributions to human knowledge, and

(iii) may review any grant, contract, or cooperative agreement

proposed to be made or entered into by the Center;

(B) may collect, by correspondence or by personal

investigation, information as to studies which 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 Center is concerned and with the approval of the Director of

the Center make available such information through appropriate

publications for the benefit of public and private health

entities and health professions personnel and scientists and for

the information of the general public; and

(C) may appoint subcommittees and convene workshops and

conferences.

(b) Membership; ex officio members; compensation

(1) The advisory council shall consist of ex officio members and

not more than eighteen members appointed by the Secretary.

(2) The ex officio members of the advisory council shall consist

of -

(A) the Secretary, the Director of NIH, the Director of the

Center, the Under Secretary for Health of the Department of

Veterans Affairs, and the Assistant Secretary of Defense for

Health Affairs (or the designees of such officers), and

(B) such additional officers or employees of the United States

as the Secretary determines necessary for the advisory council to

effectively carry out its functions.

(3) The members of the advisory council who are not ex officio

members shall be appointed as follows:

(A) Two-thirds of the members shall be appointed by the

Secretary from among the leading representatives of the health

and scientific disciplines (including public health and the

behavioral or social sciences) relevant to the activities of the

Center.

(B) One-third of the members shall be appointed by the

Secretary from the general public and shall include leaders in

fields of public policy, law, health policy, economics, and

management.

(4) Members of the advisory council who are officers or employees

of the United States shall not receive any compensation for service

on the advisory council. The other members of the advisory council

shall receive, for each day (including traveltime) they are engaged

in the performance of the functions of the advisory council,

compensation at rates not to exceed the daily equivalent of the

annual rate in effect for grade GS-18 of the General Schedule.

(c) Term of office; vacancy; reappointment

The term of office of an appointed member of the advisory council

is four years, except that any member appointed to fill a vacancy

for an unexpired term shall be appointed for the remainder of such

term and the Secretary shall make appointments to an advisory

council in such a manner as to ensure that the terms of the members

do not all expire in the same year. A member may serve after the

expiration of the member's term until a successor has taken office.

A member who has been appointed for a term of four years may not be

reappointed to an advisory council before two years from the date

of expiration of such term of office. If a vacancy occurs in the

advisory council among the appointed members, the Secretary shall

make an appointment to fill the vacancy within 90 days from the

date the vacancy occurs.

(d) Chairman; selection; term of office

The chairman of the advisory council shall be selected by the

Secretary from among the appointed members, except that the

Secretary may select the Director of the Center to be the chairman

of the advisory council. The term of office of the chairman shall

be two years.

(e) Meetings

The advisory council shall meet at the call of the chairman or

upon the request of the Director of the Center, but at least three

times each fiscal year. The location of the meetings of the

advisory council is subject to the approval of the Director of the

Center.

(f) Executive secretary; staff; orientation and training for new

members

The Director of the Center shall designate a member of the staff

of the Center to serve as the executive secretary of the advisory

council. The Director of the Center shall make available to the

advisory council such staff, information, and other assistance as

it may require to carry out its functions. The Director of the

Center shall provide orientation and training for new members of

the advisory council to provide them with such information and

training as may be appropriate for their effective participation in

the functions of the advisory council.

(g) Material for inclusion in biennial report; additional reports

The advisory council may prepare, for inclusion in the biennial

report made under section 287a-1 of this title, (1) comments

respecting the activities of the advisory council in the fiscal

years respecting which the report is prepared, (2) comments on the

progress of the Center in meeting its objectives, and (3)

recommendations respecting the future directions and program and

policy emphasis of the Center. The advisory council may prepare

such additional reports as it may determine appropriate.

(h) Advisory council in existence on November 20, 1985

This section does not terminate the membership of the advisory

council for the Center which was in existence on November 20, 1985.

After November 20, 1985 -

(1) the Secretary shall make appointments to such advisory

council in such a manner as to bring about as soon as practicable

the composition for such council prescribed by this section;

(2) the advisory council shall organize itself in accordance

with this section and exercise the functions prescribed by this

section; and

(3) the Director of the Center shall perform for such advisory

council the functions prescribed by this section.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 480, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 864; amended Pub. L.

101-381, title I, Sec. 102(3), Aug. 18, 1990, 104 Stat. 586; Pub.

L. 102-405, title III, Sec. 302(e)(1), Oct. 9, 1992, 106 Stat.

1985; Pub. L. 103-43, title XV, Sec. 1501(2)(C), (D), title XX,

Secs. 2008(b)(12), 2010(b)(4), June 10, 1993, 107 Stat. 172, 173,

211, 214.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-43, Sec. 1501(2)(C), (D),

substituted "the Center" for "the Division of Research Resources"

after "advisory council for" and substituted "the Center" for "the

Division" in two places.

Subsec. (a)(2). Pub. L. 103-43, Secs. 1501(2)(C), (D),

2010(b)(4), substituted "the Center" for "the Division of Research

Resources" after "advisory council for", "section 238" for "section

300aaa", and "the Center" for "the Division".

Subsec. (a)(3). Pub. L. 103-43, Sec. 1501(2)(D), substituted "the

Center" for "the Division" wherever appearing.

Subsec. (b). Pub. L. 103-43, Secs. 1501(2)(C), (D), 2008(b)(12),

in par. (2)(A) substituted "the Center" for "the Division of

Research Resources" and "Department of Veterans Affairs" for

"Veterans' Administration" and in par. (3)(A) substituted "the

Center" for "the Division".

Subsec. (d). Pub. L. 103-43, Sec. 1501(2)(C), substituted "the

Center" for "the Division of Research Resources".

Subsec. (e). Pub. L. 103-43, Sec. 1501(2)(C), (D), substituted

"the Center" for "the Division of Research Resources" and "the

Center" for "the Division".

Subsec. (f). Pub. L. 103-43, Sec. 1501(2)(C), (D), substituted

"the Center" for "the Division of Research Resources" and "the

Center" for "the Division" in three places.

Subsec. (g). Pub. L. 103-43, Sec. 1501(2)(C), (D), substituted

"the Center" for "the Division of Research Resources" and "the

Center" for "the Division".

Subsec. (h). Pub. L. 103-43, Sec. 1501(2)(C), substituted "the

Center" for "the Division of Research Resources" in introductory

provisions and in par. (3).

1992 - Subsec. (b)(2)(A). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director".

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.

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 the Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

Pub. L. 93-641, Sec. 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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287a-1, 287a-2 of this

title.

-End-

-CITE-

42 USC Sec. 287a-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 1 - national center for research resources

-HEAD-

Sec. 287a-1. Biennial report

-STATUTE-

The Director of the Center, after consultation with the advisory

council for the Center, shall prepare for inclusion in the biennial

report made under section 283 of this title a biennial report which

shall consist of a description of the activities of the Center and

program policies of the Director of the Center in the fiscal years

respecting which the report is prepared. The Director of the Center

may prepare such additional reports as the Director determines

appropriate. The Director of the Center shall provide the advisory

council of the Center an opportunity for the submission of the

written comments referred to in section 287a(g) of this title.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 481, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 866; amended Pub. L.

103-43, title XV, Sec. 1501(2)(C), (D), June 10, 1993, 107 Stat.

172, 173.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43 substituted "the Center" for "the Division

of Research Resources" and "the Center" for "the Division" wherever

appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287a, 287c-31 of this

title.

-End-

-CITE-

42 USC Sec. 287a-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 1 - national center for research resources

-HEAD-

Sec. 287a-2. Biomedical and behavioral research facilities

-STATUTE-

(a) Modernization and construction of facilities

(1) In general

The Director of NIH, acting through the Director of the Center,

may make grants or contracts to public and nonprofit private

entities to expand, remodel, renovate, or alter existing research

facilities or construct new research facilities, subject to the

provisions of this section.

(2) Construction and cost of construction

For purposes of this section, the terms "construction" and

"cost of construction" include the construction of new buildings

and the expansion, renovation, remodeling, and alteration of

existing buildings, including architects' fees, but do not

include the cost of acquisition of land or off-site improvements.

(b) Scientific and technical review boards for merit-based review

of proposals

(1) In general: approval as precondition to grants

(A) Establishment

There is established within the Center a Scientific and

Technical Review Board on Biomedical and Behavioral Research

Facilities (referred to in this section as the "Board").

(B) Requirement

The Director of the Center may approve an application for a

grant under subsection (a) of this section only if the Board

has under paragraph (2) recommended the application for

approval.

(2) Duties

(A) Advice

The Board shall provide advice to the Director of the Center

and the advisory council established under section 287a of this

title (in this section referred to as the "Advisory Council")

in carrying out this section.

(B) Determination of merit

In carrying out subparagraph (A), the Board shall make a

determination of the merit of each application submitted for a

grant under subsection (a) of this section, after consideration

of the requirements established in subsection (c) of this

section, and shall report the results of the determination to

the Director of the Center and the Advisory Council. Such

determinations shall be conducted in a manner consistent with

procedures established under section 289a of this title.

(C) Amount

In carrying out subparagraph (A), the Board shall, in the

case of applications recommended for approval, make

recommendations to the Director and the Advisory Council on the

amount that should be provided under the grant.

(D) Annual report

In carrying out subparagraph (A), the Board shall prepare an

annual report for the Director of the Center and the Advisory

Council describing the activities of the Board in the fiscal

year for which the report is made. Each such report shall be

available to the public, and shall -

(i) summarize and analyze expenditures made under this

section;

(ii) provide a summary of the types, numbers, and amounts

of applications that were recommended for grants under

subsection (a) of this section but that were not approved by

the Director of the Center; and

(iii) contain the recommendations of the Board for any

changes in the administration of this section.

(3) Membership

(A) In general

Subject to subparagraph (B), the Board shall be composed of

15 members to be appointed by the Director of the Center, and

such ad-hoc or temporary members as the Director of the Center

determines to be appropriate. All members of the Board,

including temporary and ad-hoc members, shall be voting

members.

(B) Limitation

Not more than three individuals who are officers or employees

of the Federal Government may serve as members of the Board.

(4) Certain requirements regarding membership

In selecting individuals for membership on the Board, the

Director of the Center shall ensure that the members are

individuals who, by virtue of their training or experience, are

eminently qualified to perform peer review functions. In

selecting such individuals for such membership, the Director of

the Center shall ensure that the members of the Board

collectively -

(A) are experienced in the planning, construction, financing,

and administration of entities that conduct biomedical or

behavioral research sciences;

(B) are knowledgeable in making determinations of the need of

entities for biomedical or behavioral research facilities,

including such facilities for the dentistry, nursing, pharmacy,

and allied health professions;

(C) are knowledgeable in evaluating the relative priorities

for applications for grants under subsection (a) of this

section in view of the overall research needs of the United

States; and

(D) are experienced with emerging centers of excellence, as

described in subsection (c)(2) of this section.

(5) Certain authorities

(A) Workshops and conferences

In carrying out paragraph (2), the Board may convene

workshops and conferences, and collect data as the Board

considers appropriate.

(B) Subcommittees

In carrying out paragraph (2), the Board may establish

subcommittees within the Board. Such subcommittees may hold

meetings as determined necessary to enable the subcommittee to

carry out its duties.

(6) Terms

(A) In general

Except as provided in subparagraph (B), each appointed member

of the Board shall hold office for a term of 4 years. Any

member appointed to fill a vacancy occurring prior to the

expiration of the term for which such member's predecessor was

appointed shall be appointed for the remainder of the term of

the predecessor.

(B) Staggered terms

Members appointed to the Board shall serve staggered terms as

specified by the Director of the Center when making the

appointments.

(C) Reappointment

No member of the Board shall be eligible for reappointment to

the Board until 1 year has elapsed after the end of the most

recent term of the member.

(7) Compensation

Members of the Board who are not officers or employees of the

United States shall receive for each day the members are engaged

in the performance of the functions of the Board compensation at

the same rate received by members of other national advisory

councils established under this subchapter.

(c) Requirements for grants

(1) In general

The Director of the Center may make a grant under subsection

(a) of this section only if the applicant for the grant meets the

following conditions:

(A) The applicant is determined by such Director to be

competent to engage in the type of research for which the

proposed facility is to be constructed.

(B) The applicant provides assurances satisfactory to the

Director that -

(i) for not less than 20 years after completion of the

construction involved, the facility will be used for the

purposes of the research for which it is to be constructed;

(ii) sufficient funds will be available to meet the

non-Federal share of the cost of constructing the facility;

(iii) sufficient funds will be available, when construction

is completed, for the effective use of the facility for the

research for which it is being constructed; and

(iv) the proposed construction will expand the applicant's

capacity for research, or is necessary to improve or maintain

the quality of the applicant's research.

(C) The applicant meets reasonable qualifications established

by the Director with respect to -

(i) the relative scientific and technical merit of the

applications, and the relative effectiveness of the proposed

facilities, in expanding the capacity for biomedical or

behavioral research and in improving the quality of such

research;

(ii) the quality of the research or training, or both, to

be carried out in the facilities involved;

(iii) the congruence of the research activities to be

carried out within the facility with the research and

investigator manpower needs of the United States; and

(iv) the age and condition of existing research facilities.

(D) The applicant has demonstrated a commitment to enhancing

and expanding the research productivity of the applicant.

(2) Institutions of emerging excellence

From the amount appropriated under subsection (i) of this

section for a fiscal year up to $50,000,000, the Director of the

Center shall make available 25 percent of such amount, and from

the amount appropriated under such subsection for a fiscal year

that is over $50,000,000, the Director of the Center shall make

available up to 25 percent of such amount, for grants under

subsection (a) of this section to applicants that in addition to

meeting the requirements established in paragraph (1), have

demonstrated emerging excellence in biomedical or behavioral

research, as follows:

(A) The applicant has a plan for research or training

advancement and possesses the ability to carry out the plan.

(B) The applicant carries out research and research training

programs that have a special relevance to a problem, concern,

or unmet health need of the United States.

(C) The applicant has been productive in research or research

development and training.

(D) The applicant -

(i) has been designated as a center of excellence under

section 293c (!1) of this title;

(ii) is located in a geographic area whose population

includes a significant number of individuals with health

status deficit, and the applicant provides health services to

such individuals; or

(iii) is located in a geographic area in which a deficit in

health care technology, services, or research resources may

adversely affect the health status of the population of the

area in the future, and the applicant is carrying out

activities with respect to protecting the health status of

such population.

(d) Requirement of application

The Director of the Center may make a grant under subsection (a)

of this section only if an application for the grant is submitted

to the Director and the application is in such form, is made in

such manner, and contains such agreements, assurances, and

information as the Director determines to be necessary to carry out

this section.

(e) Amount of grant; payments

(1) Amount

The amount of any grant awarded under subsection (a) of this

section shall be determined by the Director of the Center, except

that such amount shall not exceed -

(A) 50 percent of the necessary cost of the construction of a

proposed facility as determined by the Director; or

(B) in the case of a multipurpose facility, 40 percent of

that part of the necessary cost of construction that the

Director determines to be proportionate to the contemplated use

of the facility.

(2) Reservation of amounts

On the approval of any application for a grant under subsection

(a) of this section, the Director of the Center shall reserve,

from any appropriation available for such grants, the amount of

such grant, and shall pay such amount, in advance or by way of

reimbursement, and in such installments consistent with the

construction progress, as the Director may determine appropriate.

The reservation of any amount by the Director under this

paragraph may be amended by the Director, either on the approval

of an amendment of the application or on the revision of the

estimated cost of construction of the facility.

(3) Exclusion of certain costs

In determining the amount of any grant under subsection (a) of

this section, there shall be excluded from the cost of

construction an amount equal to the sum of -

(A) the amount of any other Federal grant that the applicant

has obtained, or is assured of obtaining, with respect to

construction that is to be financed in part by a grant

authorized under this section; and

(B) the amount of any non-Federal funds required to be

expended as a condition of such other Federal grant.

(4) Waiver of limitations

The limitations imposed under paragraph (1) may be waived at

the discretion of the Director for applicants meeting the

conditions described in subsection (c) of this section.

(f) Recapture of payments

If, not later than 20 years after the completion of construction

for which a grant has been awarded under subsection (a) of this

section -

(1) the applicant or other owner of the facility shall cease to

be a public or non profit (!2) private entity; or

(2) the facility shall cease to be used for the research

purposes for which it was constructed (unless the Director

determines, in accordance with regulations, that there is good

cause for releasing the applicant or other owner from obligation

to do so),

the United States shall be entitled to recover from the applicant

or other owner of the facility the amount bearing the same ratio to

the current value (as determined by an agreement between the

parties or by action brought in the United States District Court

for the district in which such facility is situated) of the

facility as the amount of the Federal participation bore to the

cost of the construction of such facility.

(g) Guidelines

Not later than 6 months after June 10, 1993, the Director of the

Center, after consultation with the Advisory Council, shall issue

guidelines with respect to grants under subsection (a) of this

section.

(h) Report to Congress

The Director of the Center shall prepare and submit to the

appropriate committees of Congress a biennial report concerning the

status of the biomedical and behavioral research facilities and the

availability and condition of technologically sophisticated

laboratory equipment in the United States. Such reports shall be

developed in concert with the report prepared by the National

Science Foundation on the needs of research facilities of

universities as required under section 1886 of this title.

(i) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated $250,000,000 for fiscal year 2001,

and such sums as may be necessary for each of the fiscal years 2002

and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 481A, as added Pub. L.

103-43, title XV, Sec. 1502, June 10, 1993, 107 Stat. 173; amended

Pub. L. 105-392, title I, Sec. 101(c), Nov. 13, 1998, 112 Stat.

3537; Pub. L. 106-505, title III, Sec. 303, Nov. 13, 2000, 114

Stat. 2330.)

-REFTEXT-

REFERENCES IN TEXT

Section 293c of this title, referred to in subsec. (c)(2)(D)(i),

does not contain provisions relating to designation as a center of

excellence. See section 293 of this title.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-505 amended section generally, adding

provisions requiring the Director to provide Congress with biennial

status reports.

1998 - Subsec. (c)(3)(D)(i). Pub. L. 105-392 substituted "part B

of subchapter V of this chapter" for "section 293c of this title".

FINDINGS

Pub. L. 106-505, title III, Sec. 302, Nov. 13, 2000, 114 Stat.

2330, provided that: "Congress finds that -

"(1) the National Institutes of Health is the principal source

of Federal funding for medical research at universities and other

research institutions in the United States;

"(2) the National Institutes of Health has received a

substantial increase in research funding from Congress for the

purpose of expanding the national investment of the United States

in behavioral and biomedical research;

"(3) the infrastructure of our research institutions is central

to the continued leadership of the United States in medical

research;

"(4) as Congress increases the investment in cutting-edge basic

and clinical research, it is critical that Congress also examine

the current quality of the laboratories and buildings where

research is being conducted, as well as the quality of laboratory

equipment used in research;

"(5) many of the research facilities and laboratories in the

United States are outdated and inadequate;

"(6) the National Science Foundation found, in a 1998 report on

the status of biomedical research facilities, that over 60

percent of research-performing institutions indicated that they

had an inadequate amount of medical research space;

"(7) the National Science Foundation reports that academic

institutions have deferred nearly $11,000,000,000 in renovation

and construction projects because of a lack of funds; and

"(8) future increases in Federal funding for the National

Institutes of Health must include increased support for the

renovation and construction of extramural research facilities in

the United States and the purchase of state-of-the-art laboratory

instrumentation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 287a-3 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "nonprofit".

-End-

-CITE-

42 USC Sec. 287a-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 1 - national center for research resources

-HEAD-

Sec. 287a-3. Construction of regional centers for research on

primates

-STATUTE-

(a) With respect to activities carried out by the National Center

for Research Resources to support regional centers for research on

primates, the Director of NIH may, for each of the fiscal years

2000 through 2002, reserve from the amounts appropriated under

section 287a-2(i) of this title such sums as necessary for the

purpose of making awards of grants and contracts to public or

nonprofit private entities to construct, renovate, or otherwise

improve such regional centers. The reservation of such amounts for

any fiscal year is subject to the availability of qualified

applicants for such awards.

(b) The Director of NIH may not make a grant or enter into a

contract under subsection (a) of this section unless the applicant

for such assistance agrees, with respect to the costs to be

incurred by the applicant in carrying out the purpose described in

such subsection, to make available (directly or through donations

from public or private entities) non-Federal contributions in cash

toward such costs in an amount equal to not less than $1 for each

$4 of Federal funds provided in such assistance.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 481B, as added Pub. L.

103-43, title XV, Sec. 1503, June 10, 1993, 107 Stat. 178; amended

Pub. L. 105-392, title IV, Sec. 411, Nov. 13, 1998, 112 Stat. 3590;

Pub. L. 106-505, title III, Sec. 304, Nov. 13, 2000, 114 Stat.

2335.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-505, which directed the amendment

of subsec. (a) by substituting "2000 through 2002, reserve from the

amounts appropriated under section 287a-2(i) of this title such

sums as necessary" for " '1994' and all that follows through

'$5,000,000' ", was executed by making the substitution for "1994

through 1996, reserve from the amounts appropriated under section

287a-2(h) of this title up to $2,500,000", to reflect the probable

intent of Congress and the amendment by Pub. L. 105-392. See 1998

Amendment note below.

1998 - Subsec. (a). Pub. L. 105-392, in first sentence,

substituted "may" for "shall" and "up to $2,500,000" for

"$5,000,000".

-End-

-CITE-

42 USC Sec. 287a-3a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 1 - national center for research resources

-HEAD-

Sec. 287a-3a. Sanctuary system for surplus chimpanzees

-STATUTE-

(a) In general

The Secretary shall provide for the establishment and operation

in accordance with this section of a system to provide for the

lifetime care of chimpanzees that have been used, or were bred or

purchased for use, in research conducted or supported by the

National Institutes of Health, the Food and Drug Administration, or

other agencies of the Federal Government, and with respect to which

it has been determined by the Secretary that the chimpanzees are

not needed for such research (in this section referred to as

"surplus chimpanzees").

(b) Administration of sanctuary system

The Secretary shall carry out this section, including the

establishment of regulations under subsection (d) of this section,

in consultation with the board of directors of the nonprofit

private entity that receives the contract under subsection (e) of

this section (relating to the operation of the sanctuary system).

(c) Acceptance of chimpanzees into system

All surplus chimpanzees owned by the Federal Government shall be

accepted into the sanctuary system. Subject to standards under

subsection (d)(4) of this section, any chimpanzee that is not owned

by the Federal Government can be accepted into the system if the

owner transfers to the sanctuary system title to the chimpanzee.

(d) Standards for permanent retirement of surplus chimpanzees

(1) In general

Not later than 180 days after December 20, 2000, the Secretary

shall by regulation establish standards for operating the

sanctuary system to provide for the permanent retirement of

surplus chimpanzees. In establishing the standards, the Secretary

shall consider the recommendations of the board of directors of

the nonprofit private entity that receives the contract under

subsection (e) of this section, and shall consider the

recommendations of the National Research Council applicable to

surplus chimpanzees that are made in the report published in 1997

and entitled "Chimpanzees in Research - Strategies for Their

Ethical Care, Management, and Use".

(2) Chimpanzees accepted into system

With respect to chimpanzees that are accepted into the

sanctuary system, standards under paragraph (1) shall include the

following:

(A) A prohibition that the chimpanzees may not be used for

research, except as authorized under paragraph (3).

(B) Provisions regarding the housing of the chimpanzees.

(C) Provisions regarding the behavioral well-being of the

chimpanzees.

(D) A requirement that the chimpanzees be cared for in

accordance with the Animal Welfare Act [7 U.S.C. 2131 et seq.].

(E) A requirement that the chimpanzees be prevented from

breeding.

(F) A requirement that complete histories be maintained on

the health and use in research of the chimpanzees.

(G) A requirement that the chimpanzees be monitored for the

purpose of promptly detecting the presence in the chimpanzees

of any condition that may be a threat to the public health or

the health of other chimpanzees.

(H) A requirement that chimpanzees posing such a threat be

contained in accordance with applicable recommendations of the

Director of the Centers for Disease Control and Prevention.

(I) A prohibition that none of the chimpanzees may be

subjected to euthanasia, except as in the best interests of the

chimpanzee involved, as determined by the system and an

attending veterinarian.

(J) A prohibition that the chimpanzees may not be discharged

from the system. If any chimpanzee is removed from a sanctuary

facility for purposes of research authorized under paragraph

(3)(A)(ii), the chimpanzee shall be returned immediately upon

the completion of that research. All costs associated with the

removal of the chimpanzee from the facility, with the care of

the chimpanzee during such absence from the facility, and with

the return of the chimpanzee to the facility shall be the

responsibility of the entity that obtains approval under such

paragraph regarding use of the chimpanzee and removes the

chimpanzee from the sanctuary facility.

(K) A provision that the Secretary may, in the discretion of

the Secretary, accept into the system chimpanzees that are not

surplus chimpanzees.

(L) Such additional standards as the Secretary determines to

be appropriate.

(3) Restrictions regarding research

(A) In general

For purposes of paragraph (2)(A), standards under paragraph

(1) shall provide that a chimpanzee accepted into the sanctuary

system may not be used for studies or research, except as

provided in clause (i) or (ii), as follows:

(i) The chimpanzee may be used for noninvasive behavioral

studies or medical studies based on information collected

during the course of normal veterinary care that is provided

for the benefit of the chimpanzee, provided that any such

study involves minimal physical and mental harm, pain,

distress, and disturbance to the chimpanzee and the social

group in which the chimpanzee lives.

(ii) The chimpanzee may be used in research if -

(I) the Secretary finds that there are special

circumstances in which there is need for that individual,

specific chimpanzee (based on that chimpanzee's prior

medical history, prior research protocols, and current

status), and there is no chimpanzee with a similar history

and current status that is reasonably available among

chimpanzees that are not in the sanctuary system;

(II) the Secretary finds that there are technological or

medical advancements that were not available at the time

the chimpanzee entered the sanctuary system, and that such

advancements can and will be used in the research;

(III) the Secretary finds that the research is essential

to address an important public health need; and

(IV) the design of the research involves minimal pain and

physical harm to the chimpanzee, and otherwise minimizes

mental harm, distress, and disturbance to the chimpanzee

and the social group in which the chimpanzee lives

(including with respect to removal of the chimpanzee from

the sanctuary facility involved).

(B) Approval of research design

(i) Evaluation by sanctuary board

With respect to a proposed use in research of a chimpanzee

in the sanctuary system under subparagraph (A)(ii), the board

of directors of the nonprofit private entity that receives

the contract under subsection (e) of this section shall,

after consultation with the head of the sanctuary facility in

which the chimpanzee has been placed and with the attending

veterinarian, evaluate whether the design of the research

meets the conditions described in subparagraph (A)(ii)(IV)

and shall submit to the Secretary the findings of the

evaluation.

(ii) Acceptance of board findings

The Secretary shall accept the findings submitted to the

Secretary under clause (i) by the board of directors referred

to in such clause unless the Secretary makes a determination

that the findings of the board are arbitrary or capricious.

(iii) Public participation

With respect to a proposed use in research of a chimpanzee

in the sanctuary system under subparagraph (A)(ii), the

proposal shall not be approved until -

(I) the Secretary publishes in the Federal Register the

proposed findings of the Secretary under such subparagraph,

the findings of the evaluation by the board under clause

(i) of this subparagraph, and the proposed evaluation by

the Secretary under clause (ii) of this subparagraph; and

(II) the Secretary seeks public comment for a period of

not less than 60 days.

(C) Additional restriction

For purposes of paragraph (2)(A), a condition for the use in

studies or research of a chimpanzee accepted into the sanctuary

system is (in addition to conditions under subparagraphs (A)

and (B) of this paragraph) that the applicant for such use has

not been fined for, or signed a consent decree for, any

violation of the Animal Welfare Act [7 U.S.C. 2131 et seq.].

(4) Non-Federal chimpanzees offered for acceptance into system

With respect to a chimpanzee that is not owned by the Federal

Government and is offered for acceptance into the sanctuary

system, standards under paragraph (1) shall include the

following:

(A) A provision that the Secretary may authorize the

imposition of a fee for accepting such chimpanzee into the

system, except as follows:

(i) Such a fee may not be imposed for accepting the

chimpanzee if, on the day before December 20, 2000, the

chimpanzee was owned by the nonprofit private entity that

receives the contract under subsection (e) of this section or

by any individual sanctuary facility receiving a subcontract

or grant under subsection (e)(1) of this section.

(ii) Such a fee may not be imposed for accepting the

chimpanzee if the chimpanzee is owned by an entity that

operates a primate center, and if the chimpanzee is housed in

the primate center pursuant to the program for regional

centers for research on primates that is carried out by the

National Center for Research Resources.

Any fees collected under this subparagraph are available to the

Secretary for the costs of operating the system. Any other fees

received by the Secretary for the long-term care of chimpanzees

(including any Federal fees that are collected for such purpose

and are identified in the report under section 3 of the

Chimpanzee Health Improvement, Maintenance, and Protection Act)

are available for operating the system, in addition to

availability for such other purposes as may be authorized for

the use of the fees.

(B) A provision that the Secretary may deny such chimpanzee

acceptance into the system if the capacity of the system is not

sufficient to accept the chimpanzee, taking into account the

physical capacity of the system; the financial resources of the

system; the number of individuals serving as the staff of the

system, including the number of professional staff; the

necessity of providing for the safety of the staff and of the

public; the necessity of caring for accepted chimpanzees in

accordance with the standards under paragraph (1); and such

other factors as may be appropriate.

(C) A provision that the Secretary may deny such chimpanzee

acceptance into the system if a complete history of the health

and use in research of the chimpanzee is not available to the

Secretary.

(D) Such additional standards as the Secretary determines to

be appropriate.

(e) Award of contract for operation of system

(1) In general

Subject to the availability of funds pursuant to subsection (g)

of this section, the Secretary shall make an award of a contract

to a nonprofit private entity under which the entity has the

responsibility of operating (and establishing, as applicable) the

sanctuary system and awarding subcontracts or grants to

individual sanctuary facilities that meet the standards under

subsection (d) of this section.

(2) Requirements

The Secretary may make an award under paragraph (1) to a

nonprofit private entity only if the entity meets the following

requirements:

(A) The entity has a governing board of directors that is

composed and appointed in accordance with paragraph (3) and is

satisfactory to the Secretary.

(B) The terms of service for members of such board are in

accordance with paragraph (3).

(C) The members of the board serve without compensation. The

members may be reimbursed for travel, subsistence, and other

necessary expenses incurred in carrying out the duties of the

board.

(D) The entity has an executive director meeting such

requirements as the Secretary determines to be appropriate.

(E) The entity makes the agreement described in paragraph (4)

(relating to non-Federal contributions).

(F) The entity agrees to comply with standards under

subsection (d) of this section.

(G) The entity agrees to make necropsy reports on chimpanzees

in the sanctuary system available on a reasonable basis to

persons who conduct biomedical or behavioral research, with

priority given to such persons who are Federal employees or who

receive financial support from the Federal Government for

research.

(H) Such other requirements as the Secretary determines to be

appropriate.

(3) Board of directors

For purposes of subparagraphs (A) and (B) of paragraph (2):

(A) The governing board of directors of the nonprofit private

entity involved is composed and appointed in accordance with

this paragraph if the following conditions are met:

(i) Such board is composed of not more than 13 voting

members.

(ii) Such members include individuals with expertise and

experience in the science of managing captive chimpanzees

(including primate veterinary care), appointed from among

individuals endorsed by organizations that represent

individuals in such field.

(iii) Such members include individuals with expertise and

experience in the field of animal protection, appointed from

among individuals endorsed by organizations that represent

individuals in such field.

(iv) Such members include individuals with expertise and

experience in the zoological field (including behavioral

primatology), appointed from among individuals endorsed by

organizations that represent individuals in such field.

(v) Such members include individuals with expertise and

experience in the field of the business and management of

nonprofit organizations, appointed from among individuals

endorsed by organizations that represent individuals in such

field.

(vi) Such members include representatives from entities

that provide accreditation in the field of laboratory animal

medicine.

(vii) Such members include individuals with expertise and

experience in the field of containing biohazards.

(viii) Such members include an additional member who serves

as the chair of the board, appointed from among individuals

who have been endorsed for purposes of clause (ii), (iii),

(iv), or (v).

(ix) None of the members of the board has been fined for,

or signed a consent decree for, any violation of the Animal

Welfare Act [7 U.S.C. 2131 et seq.].

(B) The terms of service for members of the board of

directors are in accordance with this paragraph if the

following conditions are met:

(i) The term of the chair of the board is 3 years.

(ii) The initial members of the board select, by a random

method, one member from each of the six fields specified in

subparagraph (A) to serve a term of 2 years and (in addition

to the chair) one member from each of such fields to serve a

term of 3 years.

(iii) After the initial terms under clause (ii) expire,

each member of the board (other than the chair) is appointed

to serve a term of 2 years.

(iv) An individual whose term of service expires may be

reappointed to the board.

(v) A vacancy in the membership of the board is filled in

the manner in which the original appointment was made.

(vi) If a member of the board does not serve the full term

applicable to the member, the individual appointed to fill

the resulting vacancy is appointed for the remainder of the

term of the predecessor member.

(4) Requirement of matching funds

The agreement required in paragraph (2)(E) for a nonprofit

private entity (relating to the award of the contract under

paragraph (1)) is an agreement that, with respect to the costs to

be incurred by the entity in establishing and operating the

sanctuary system, the entity will make available (directly or

through donations from public or private entities) non-Federal

contributions toward such costs, in cash or in kind, in an amount

not less than the following, as applicable:

(A) For expenses associated with establishing the sanctuary

system (as determined by the Secretary), 10 percent of such

costs ($1 for each $9 of Federal funds provided under the

contract under paragraph (1)).

(B) For expenses associated with operating the sanctuary

system (as determined by the Secretary), 25 percent of such

costs ($1 for each $3 of Federal funds provided under such

contract).

(5) Establishment of contract entity

If the Secretary determines that an entity meeting the

requirements of paragraph (2) does not exist, not later than 60

days after December 20, 2000, the Secretary shall, for purposes

of paragraph (1), make a grant for the establishment of such an

entity, including paying the cost of incorporating the entity

under the law of one of the States.

(f) Definitions

For purposes of this section:

(1) Permanent retirement

The term "permanent retirement", with respect to a chimpanzee

that has been accepted into the sanctuary system, means that

under subsection (a) of this section the system provides for the

lifetime care of the chimpanzee, that under subsection (d)(2) of

this section the system does not permit the chimpanzee to be used

in research (except as authorized under subsection (d)(3) of this

section) or to be euthanized (except as provided in subsection

(d)(2)(I) of this section), that under subsection (d)(2) of this

section the system will not discharge the chimpanzee from the

system, and that under such subsection the system otherwise cares

for the chimpanzee.

(2) Sanctuary system

The term "sanctuary system" means the system described in

subsection (a) of this section.

(3) Secretary

The term "Secretary" means the Secretary of Health and Human

Services.

(4) Surplus chimpanzees

The term "surplus chimpanzees" has the meaning given that term

in subsection (a) of this section.

(g) Funding

(1) In general

Of the amount appropriated under this chapter for fiscal year

2001 and each subsequent fiscal year, the Secretary, subject to

paragraph (2), shall reserve a portion for purposes of the

operation (and establishment, as applicable) of the sanctuary

system and for purposes of paragraph (3), except that the

Secretary may not for such purposes reserve any further funds

from such amount after the aggregate total of the funds so

reserved for such fiscal years reaches $30,000,000. The purposes

for which funds reserved under the preceding sentence may be

expended include the construction and renovation of facilities

for the sanctuary system.

(2) Limitation

Funds may not be reserved for a fiscal year under paragraph (1)

unless the amount appropriated under this chapter for such year

equals or exceeds the amount appropriated under this chapter for

fiscal year 1999.

(3) Use of funds for other compliant facilities

With respect to amounts reserved under paragraph (1) for a

fiscal year, the Secretary may use a portion of such amounts to

make awards of grants or contracts to public or private entities

operating facilities that, as determined by the board of

directors of the nonprofit private entity that receives the

contract under subsection (e) of this section, provide for the

retirement of chimpanzees in accordance with the same standards

that apply to the sanctuary system pursuant to regulations under

subsection (d) of this section. Such an award may be expended for

the expenses of operating the facilities involved.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 481C, as added Pub. L.

106-551, Sec. 2, Dec. 20, 2000, 114 Stat. 2752.)

-REFTEXT-

REFERENCES IN TEXT

The Animal Welfare Act, referred to in subsecs. (d)(2)(D), (3)(C)

and (e)(3)(A)(ix), is Pub. L. 89-544, Aug. 24, 1966, 80 Stat. 350,

as amended, which is classified generally to chapter 54 (Sec. 2131

et seq.) of Title 7, Agriculture. For complete classification of

this Act to the Code, see Short Title note set out under section

2131 of Title 7 and Tables.

Section 3 of the Chimpanzee Health Improvement, Maintenance, and

Protection Act, referred to in subsec. (d)(4)(A), is section 3 of

Pub. L. 106-551, which is set out as a note below.

-COD-

CODIFICATION

Another section 481C of act July 1, 1944, is classified to

section 287a-4 of this title.

-MISC1-

REPORT TO CONGRESS REGARDING NUMBER OF CHIMPANZEES AND FUNDING FOR

CARE OF CHIMPANZEES

Pub. L. 106-551, Sec. 3, Dec. 20, 2000, 114 Stat. 2759, provided

that:

"With respect to chimpanzees that have been used, or were bred or

purchased for use, in research conducted or supported by the

National Institutes of Health, the Food and Drug Administration, or

other agencies of the Federal Government, the Secretary of Health

and Human Services shall, not later than 365 days after the date of

the enactment of this Act [Dec. 20, 2000], submit to Congress a

report providing the following information:

"(1) The number of such chimpanzees in the United States,

whether owned or held by the Federal Government, any of the

States, or private entities.

"(2) An identification of any requirement imposed by the

Federal Government that, as a condition of the use of such a

chimpanzee in research by a non-Federal entity -

"(A) fees be paid by the entity to the Federal Government for

the purpose of providing for the care of the chimpanzee

(including any fees for long-term care); or

"(B) funds be provided by the entity to a State, unit of

local government, or private entity for an endowment or other

financial account whose purpose is to provide for the care of

the chimpanzee (including any funds provided for long-term

care).

"(3) An accounting for fiscal years 1999 and 2000 of all fees

paid and funds provided by non-Federal entities pursuant to

requirements described in subparagraphs (A) and (B) of paragraph

(2).

"(4) In the case of such fees, a specification of whether the

fees were available to the Secretary (or other Federal officials)

pursuant to annual appropriations Acts or pursuant to permanent

appropriations."

-End-

-CITE-

42 USC Sec. 287a-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 1 - national center for research resources

-HEAD-

Sec. 287a-4. General clinical research centers

-STATUTE-

(a) Grants

The Director of the National Center for Research Resources shall

award grants for the establishment of general clinical research

centers to provide the infrastructure for clinical research

including clinical research training and career enhancement. Such

centers shall support clinical studies and career development in

all settings of the hospital or academic medical center involved.

(b) Activities

In carrying out subsection (a) of this section, the Director of

National Institutes of Health shall expand the activities of the

general clinical research centers through the increased use of

telecommunications and telemedicine initiatives.

(c) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each fiscal year.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 481C, as added Pub. L.

106-505, title II, Sec. 204(a), Nov. 13, 2000, 114 Stat. 2327.)

-COD-

CODIFICATION

Another section 481C of act July 1, 1944, is classified to

section 287a-3a of this title.

-End-

-CITE-

42 USC subpart 2 - john e. fogarty international center

for advanced study in health sciences 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 2 - john e. fogarty international center for advanced study

in health sciences

-HEAD-

SUBPART 2 - JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY

IN HEALTH SCIENCES

-End-

-CITE-

42 USC Sec. 287b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 2 - john e. fogarty international center for advanced study

in health sciences

-HEAD-

Sec. 287b. General purpose

-STATUTE-

The general purpose of the John E. Fogarty International Center

for Advanced Study in the Health Sciences is to -

(1) facilitate the assembly of scientists and others in the

biomedical, behavioral, and related fields for discussion, study,

and research relating to the development of health science

internationally;

(2) provide research programs, conferences, and seminars to

further international cooperation and collaboration in the life

sciences;

(3) provide postdoctorate fellowships for research training in

the United States and abroad and promote exchanges of senior

scientists between the United States and other countries;

(4) coordinate the activities of the National Institutes of

Health concerned with the health sciences internationally; and

(5) receive foreign visitors to the National Institutes of

Health.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 482, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 866.)

-End-

-CITE-

42 USC subpart 3 - national center for human genome

research 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 3 - national center for human genome research

-HEAD-

SUBPART 3 - NATIONAL CENTER FOR HUMAN GENOME RESEARCH

-End-

-CITE-

42 USC Sec. 287c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 3 - national center for human genome research

-HEAD-

Sec. 287c. Purpose of Center

-STATUTE-

(a) General purpose

The general purpose of the National Center for Human Genome

Research (in this subpart referred to as the "Center") is to

characterize the structure and function of the human genome,

including the mapping and sequencing of individual genes. Such

purpose includes -

(1) planning and coordinating the research goal of the genome

project;

(2) reviewing and funding research proposals;

(3) developing training programs;

(4) coordinating international genome research;

(5) communicating advances in genome science to the public; and

(6) reviewing and funding proposals to address the ethical and

legal issues associated with the genome project (including legal

issues regarding patents).

(b) Research training

The Director of the Center may conduct and support research

training -

(1) for which fellowship support is not provided under section

288 of this title; and

(2) that is not residency training of physicians or other

health professionals.

(c) Amount available for ethical and legal issues

(1) Except as provided in paragraph (2), of the amounts

appropriated to carry out subsection (a) of this section for a

fiscal year, the Director of the Center shall make available not

less than 5 percent for carrying out paragraph (6) of such

subsection.

(2) With respect to providing funds under subsection (a)(6) of

this section for proposals to address the ethical issues associated

with the genome project, paragraph (1) shall not apply for a fiscal

year if the Director of the Center certifies to the Committee on

Energy and Commerce of the House of Representatives, and to the

Committee on Labor and Human Resources of the Senate, that the

Director has determined that an insufficient number of such

proposals meet the applicable requirements of sections 289 and 289a

of this title.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 485B, as added Pub. L.

103-43, title XV, Sec. 1521(2), June 10, 1993, 107 Stat. 180.)

-MISC1-

PRIOR PROVISIONS

A prior section 287c, act July 1, 1944, ch. 373, title IV, Sec.

483, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 867,

and amended, which related to purpose of National Center for

Nursing Research, was renumbered section 464V of act July 1, 1944,

by Pub. L. 103-43, title XV, Sec. 1511(b)(2), June 10, 1993, 107

Stat. 179, and transferred to section 285q of this title.

A prior section 287c-1, act July 1, 1944, ch. 373, title IV, Sec.

484, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 867,

and amended, which related to specific authorities of the Director

of the Center, was renumbered section 464W of act July 1, 1944, by

Pub. L. 103-43, title XV, Sec. 1511(b)(2), June 10, 1993, 107 Stat.

179, and transferred to section 285q-1 of this title.

A prior section 287c-2, act July 1, 1944, ch. 373, title IV, Sec.

485, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 867,

and amended, which related to the advisory council for the Center,

was renumbered section 464X of act July 1, 1944, by Pub. L. 103-43,

title XV, Sec. 1511(b)(2), June 10, 1993, 107 Stat. 179, and

transferred to section 285q-2 of this title.

A prior section 287c-3, act July 1, 1944, ch. 373, title IV, Sec.

486, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 869,

and amended, which related to biennial report of activities of the

Center, was renumbered section 464Y of act July 1, 1944, by Pub. L.

103-43, title XV, Sec. 1511(b)(2), June 10, 1993, 107 Stat. 179,

and transferred to section 285q-3 of this title.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC subpart 4 - office of dietary supplements 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 4 - office of dietary supplements

-HEAD-

SUBPART 4 - OFFICE OF DIETARY SUPPLEMENTS

-End-

-CITE-

42 USC Sec. 287c-11 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 4 - office of dietary supplements

-HEAD-

Sec. 287c-11. Dietary supplements

-STATUTE-

(a) Establishment

The Secretary shall establish an Office of Dietary Supplements

within the National Institutes of Health.

(b) Purpose

The purposes of the Office are -

(1) to explore more fully the potential role of dietary

supplements as a significant part of the efforts of the United

States to improve health care; and

(2) to promote scientific study of the benefits of dietary

supplements in maintaining health and preventing chronic disease

and other health-related conditions.

(c) Duties

The Director of the Office of Dietary Supplements shall -

(1) conduct and coordinate scientific research within the

National Institutes of Health relating to dietary supplements and

the extent to which the use of dietary supplements can limit or

reduce the risk of diseases such as heart disease, cancer, birth

defects, osteoporosis, cataracts, or prostatism;

(2) collect and compile the results of scientific research

relating to dietary supplements, including scientific data from

foreign sources or the Office of Alternative Medicine;

(3) serve as the principal advisor to the Secretary and to the

Assistant Secretary for Health and provide advice to the Director

of the National Institutes of Health, the Director of the Centers

for Disease Control and Prevention, and the Commissioner of Food

and Drugs on issues relating to dietary supplements including -

(A) dietary intake regulations;

(B) the safety of dietary supplements;

(C) claims characterizing the relationship between -

(i) dietary supplements; and

(ii)(I) prevention of disease or other health-related

conditions; and

(II) maintenance of health; and

(D) scientific issues arising in connection with the labeling

and composition of dietary supplements;

(4) compile a database of scientific research on dietary

supplements and individual nutrients; and

(5) coordinate funding relating to dietary supplements for the

National Institutes of Health.

(d) "Dietary supplement" defined

As used in this section, the term "dietary supplement" has the

meaning given the term in section 321(ff) of title 21.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$5,000,000 for fiscal year 1994 and such sums as may be necessary

for each subsequent fiscal year.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 485C, as added Pub. L.

103-417, Sec. 13(a), Oct. 25, 1994, 108 Stat. 4334.)

-End-

-CITE-

42 USC subpart 5 - national center for complementary and

alternative medicine 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 5 - national center for complementary and alternative

medicine

-HEAD-

SUBPART 5 - NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

-End-

-CITE-

42 USC Sec. 287c-21 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 5 - national center for complementary and alternative

medicine

-HEAD-

Sec. 287c-21. Purpose of Center

-STATUTE-

(a) In general

The general purposes of the National Center for Complementary and

Alternative Medicine (in this subpart referred to as the "Center")

are the conduct and support of basic and applied research

(including both intramural and extramural research), research

training, the dissemination of health information, and other

programs with respect to identifying, investigating, and validating

complementary and alternative treatment, diagnostic and prevention

modalities, disciplines and systems. The Center shall be headed by

a director, who shall be appointed by the Secretary. The Director

of the Center shall report directly to the Director of NIH.

(b) Advisory council

The Secretary shall establish an advisory council for the Center

in accordance with section 284a of this title, except that at least

half of the members of the advisory council who are not ex officio

members shall include practitioners licensed in one or more of the

major systems with which the Center is concerned, and at least 3

individuals representing the interests of individual consumers of

complementary and alternative medicine.

(c) Complement to conventional medicine

In carrying out subsection (a) of this section, the Director of

the Center shall, as appropriate, study the integration of

alternative treatment, diagnostic and prevention systems,

modalities, and disciplines with the practice of conventional

medicine as a complement to such medicine and into health care

delivery systems in the United States.

(d) Appropriate scientific expertise and coordination with

institutes and Federal agencies

The Director of the Center, after consultation with the advisory

council for the Center and the division of research grants, shall

ensure that scientists with appropriate expertise in research on

complementary and alternative medicine are incorporated into the

review, oversight, and management processes of all research

projects and other activities funded by the Center. In carrying out

this subsection, the Director of the Center, as necessary, may

establish review groups with appropriate scientific expertise. The

Director of the Center shall coordinate efforts with other

Institutes and Federal agencies to ensure appropriate scientific

input and management.

(e) Evaluation of various disciplines and systems

In carrying out subsection (a) of this section, the Director of

the Center shall identify and evaluate alternative and

complementary medical treatment, diagnostic and prevention

modalities in each of the disciplines and systems with which the

Center is concerned, including each discipline and system in which

accreditation, national certification, or a State license is

available.

(f) Ensuring high quality, rigorous scientific review

In order to ensure high quality, rigorous scientific review of

complementary and alternative, diagnostic and prevention

modalities, disciplines and systems, the Director of the Center

shall conduct or support the following activities:

(1) Outcomes research and investigations.

(2) Epidemiological studies.

(3) Health services research.

(4) Basic science research.

(5) Clinical trials.

(6) Other appropriate research and investigational activities.

The Director of NIH, in coordination with the Director of the

Center, shall designate specific personnel in each Institute to

serve as full-time liaisons with the Center in facilitating

appropriate coordination and scientific input.

(g) Data system; information clearinghouse

(1) Data system

The Director of the Center shall establish a bibliographic

system for the collection, storage, and retrieval of worldwide

research relating to complementary and alternative treatment,

diagnostic and prevention modalities, disciplines and systems.

Such a system shall be regularly updated and publicly accessible.

(2) Clearinghouse

The Director of the Center shall establish an information

clearinghouse to facilitate and enhance, through the effective

dissemination of information, knowledge and understanding of

alternative medical treatment, diagnostic and prevention

practices by health professionals, patients, industry, and the

public.

(h) Research centers

The Director of the Center, after consultation with the advisory

council for the Center, shall provide support for the development

and operation of multipurpose centers to conduct research and other

activities described in subsection (a) of this section with respect

to complementary and alternative treatment, diagnostic and

prevention modalities, disciplines and systems. The provision of

support for the development and operation of such centers shall

include accredited complementary and alternative medicine research

and education facilities.

(i) Availability of resources

After consultation with the Director of the Center, the Director

of NIH shall ensure that resources of the National Institutes of

Health, including laboratory and clinical facilities, fellowships

(including research training fellowship and junior and senior

clinical fellowships), and other resources are sufficiently

available to enable the Center to appropriately and effectively

carry out its duties as described in subsection (a) of this

section. The Director of NIH, in coordination with the Director of

the Center, shall designate specific personnel in each Institute to

serve as full-time liaisons with the Center in facilitating

appropriate coordination and scientific input.

(j) Availability of appropriations

Amounts appropriated to carry out this section for fiscal year

1999 are available for obligation through September 30, 2001.

Amounts appropriated to carry out this section for fiscal year 2000

are available for obligation through September 30, 2001.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 485D, as added Pub. L.

105-277, div. A, Sec. 101(f) [title VI, Sec. 601(2)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-387.)

-MISC1-

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 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.

770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

Pub. L. 93-641, Sec. 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.

-EXEC-

EX. ORD. NO. 13147. WHITE HOUSE COMMISSION ON COMPLEMENTARY AND

ALTERNATIVE MEDICINE POLICY

Ex. Ord. No. 13147, Mar. 7, 2000, 65 F.R. 13233, as amended by

Ex. Ord. No. 13167, Sept. 15, 2000, 65 F.R. 54079 [57079], 65 F.R.

57436, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Federal

Advisory Committee Act, as amended (5 U.S.C. App.), and in order to

establish the White House Commission on Complementary and

Alternative Medicine Policy, it is hereby ordered as follows:

Section 1. Establishment. There is established in the Department

of Health and Human Services (Department) the White House

Commission on Complementary and Alternative Medicine Policy

(Commission). The Commission shall be composed of up to 20 members

appointed by the President from knowledgeable representatives in

health care practice and complementary and alternative medicine.

The President shall designate a Chair from among the members of the

Commission. The Secretary of Health and Human Services (Secretary)

shall appoint an Executive Director for the Commission.

Sec. 2. Functions. The Commission shall provide a report, through

the Secretary, to the President on legislative and administrative

recommendations for assuring that public policy maximizes the

benefits to Americans of complementary and alternative medicine.

The recommendations shall address the following:

(a) the education and training of health care practitioners in

complementary and alternative medicine;

(b) coordinated research to increase knowledge about

complementary and alternative medicine practices and products;

(c) the provision to health care professionals of reliable and

useful information about complementary and alternative medicine

that can be made readily accessible and understandable to the

general public; and

(d) guidance for appropriate access to and delivery of

complementary and alternative medicine.

Sec. 3. Administration. (a) To the extent permitted by law, the

heads of executive departments and agencies shall provide the

Commission, upon request, with such information and assistance as

it may require for the purpose of carrying out its functions.

(b) Each member of the Commission shall receive compensation at a

rate equal to the daily equivalent of the annual rate specified for

Level IV of the Executive Schedule (5 U.S.C. 5315) for each day

during which the member is engaged in the performance of the duties

of the Commission. While away from their homes or regular places of

business in the performance of the duties of the Commission,

members shall be allowed travel expenses, including per diem in

lieu of subsistence, as authorized by law for persons serving

intermittently in Government service (5 U.S.C. 5701-5707).

(c) The Department shall provide the Commission with funding and

with administrative services, facilities, staff, and other support

services necessary for the performance of the Commission's

functions.

(d) In accordance with guidelines issued by the Administrator of

General Services, the Secretary shall perform the functions of the

President under the Federal Advisory Committee Act, as amended (5

U.S.C. App.), with respect to the Commission, except that of

reporting to the Congress.

(e) The Commission shall terminate 2 years from the date of this

order unless extended by the President prior to such date.

William J. Clinton.

-End-

-CITE-

42 USC subpart 6 - national center on minority health and

health disparities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 6 - national center on minority health and health

disparities

-HEAD-

SUBPART 6 - NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

DISPARITIES

-End-

-CITE-

42 USC Sec. 287c-31 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 6 - national center on minority health and health

disparities

-HEAD-

Sec. 287c-31. Purpose of Center

-STATUTE-

(a) In general

The general purpose of the National Center on Minority Health and

Health Disparities (in this subpart referred to as the "Center") is

the conduct and support of research, training, dissemination of

information, and other programs with respect to minority health

conditions and other populations with health disparities.

(b) Priorities

The Director of the Center shall in expending amounts

appropriated under this subpart give priority to conducting and

supporting minority health disparities research.

(c) Minority health disparities research

For purposes of this subpart:

(1) The term "minority health disparities research" means

basic, clinical, and behavioral research on minority health

conditions (as defined in paragraph (2)), including research to

prevent, diagnose, and treat such conditions.

(2) The term "minority health conditions", with respect to

individuals who are members of minority groups, means all

diseases, disorders, and conditions (including with respect to

mental health and substance abuse) -

(A) unique to, more serious, or more prevalent in such

individuals;

(B) for which the factors of medical risk or types of medical

intervention may be different for such individuals, or for

which it is unknown whether such factors or types are different

for such individuals; or

(C) with respect to which there has been insufficient

research involving such individuals as subjects or insufficient

data on such individuals.

(3) The term "minority group" has the meaning given the term

"racial and ethnic minority group" in section 300u-6 of this

title.

(4) The terms "minority" and "minorities" refer to individuals

from a minority group.

(d) Health disparity populations

For purposes of this subpart:

(1) A population is a health disparity population if, as

determined by the Director of the Center after consultation with

the Director of the Agency for Healthcare Research and Quality,

there is a significant disparity in the overall rate of disease

incidence, prevalence, morbidity, mortality, or survival rates in

the population as compared to the health status of the general

population.

(2) The Director shall give priority consideration to

determining whether minority groups qualify as health disparity

populations under paragraph (1).

(3) The term "health disparities research" means basic,

clinical, and behavioral research on health disparity populations

(including individual members and communities of such

populations) that relates to health disparities as defined under

paragraph (1), including the causes of such disparities and

methods to prevent, diagnose, and treat such disparities.

(e) Coordination of activities

The Director of the Center shall act as the primary Federal

official with responsibility for coordinating all minority health

disparities research and other health disparities research

conducted or supported by the National Institutes of Health, and -

(1) shall represent the health disparities research program of

the National Institutes of Health, including the minority health

disparities research program, at all relevant Executive branch

task forces, committees and planning activities; and

(2) shall maintain communications with all relevant Public

Health Service agencies, including the Indian Health Service, and

various other departments of the Federal Government to ensure the

timely transmission of information concerning advances in

minority health disparities research and other health disparities

research between these various agencies for dissemination to

affected communities and health care providers.

(f) Collaborative comprehensive plan and budget

(1) In general

Subject to the provisions of this section and other applicable

law, the Director of NIH, the Director of the Center, and the

directors of the other agencies of the National Institutes of

Health in collaboration (and in consultation with the advisory

council for the Center) shall -

(A) establish a comprehensive plan and budget for the conduct

and support of all minority health disparities research and

other health disparities research activities of the agencies of

the National Institutes of Health (which plan and budget shall

be first established under this subsection not later than 12

months after November 22, 2000);

(B) ensure that the plan and budget establish priorities

among the health disparities research activities that such

agencies are authorized to carry out;

(C) ensure that the plan and budget establish objectives

regarding such activities, describes the means for achieving

the objectives, and designates the date by which the objectives

are expected to be achieved;

(D) ensure that, with respect to amounts appropriated for

activities of the Center, the plan and budget give priority in

the expenditure of funds to conducting and supporting minority

health disparities research;

(E) ensure that all amounts appropriated for such activities

are expended in accordance with the plan and budget;

(F) review the plan and budget not less than annually, and

revise the plan and budget as appropriate;

(G) ensure that the plan and budget serve as a broad, binding

statement of policies regarding minority health disparities

research and other health disparities research activities of

the agencies, but do not remove the responsibility of the heads

of the agencies for the approval of specific programs or

projects, or for other details of the daily administration of

such activities, in accordance with the plan and budget; and

(H) promote coordination and collaboration among the agencies

conducting or supporting minority health or other health

disparities research.

(2) Certain components of plan and budget

With respect to health disparities research activities of the

agencies of the National Institutes of Health, the Director of

the Center shall ensure that the plan and budget under paragraph

(1) provide for -

(A) basic research and applied research, including research

and development with respect to products;

(B) research that is conducted by the agencies;

(C) research that is supported by the agencies;

(D) proposals developed pursuant to solicitations by the

agencies and for proposals developed independently of such

solicitations; and

(E) behavioral research and social sciences research, which

may include cultural and linguistic research in each of the

agencies.

(3) Minority health disparities research

The plan and budget under paragraph (1) shall include a

separate statement of the plan and budget for minority health

disparities research.

(g) Participation in clinical research

The Director of the Center shall work with the Director of NIH

and the directors of the agencies of the National Institutes of

Health to carry out the provisions of section 289a-2 of this title

that relate to minority groups.

(h) Research endowments

(1) In general

The Director of the Center may carry out a program to

facilitate minority health disparities research and other health

disparities research by providing for research endowments at

centers of excellence under section 293 of this title.

(2) Eligibility

The Director of the Center may provide for a research endowment

under paragraph (1) only if the institution involved meets the

following conditions:

(A) The institution does not have an endowment that is worth

in excess of an amount equal to 50 percent of the national

average of endowment funds at institutions that conduct similar

biomedical research or training of health professionals.

(B) The application of the institution under paragraph (1)

regarding a research endowment has been recommended pursuant to

technical and scientific peer review and has been approved by

the advisory council under subsection (j) of this section.

(i) Certain activities

In carrying out subsection (a) of this section, the Director of

the Center -

(1) shall assist the Director of the National Center for

Research Resources in carrying out section 287a-1(c)(3) (!1) of

this title and in committing resources for construction at

Institutions of Emerging Excellence;

(2) shall establish projects to promote cooperation among

Federal agencies, State, local, tribal, and regional public

health agencies, and private entities in health disparities

research; and

(3) may utilize information from previous health initiatives

concerning minorities and other health disparity populations.

(j) Advisory council

(1) In general

The Secretary shall, in accordance with section 284a of this

title, establish an advisory council to advise, assist, consult

with, and make recommendations to the Director of the Center on

matters relating to the activities described in subsection (a) of

this section, and with respect to such activities to carry out

any other functions described in section 284a of this title for

advisory councils under such section. Functions under the

preceding sentence shall include making recommendations on

budgetary allocations made in the plan under subsection (f) of

this section, and shall include reviewing reports under

subsection (k) of this section before the reports are submitted

under such subsection.

(2) Membership

With respect to the membership of the advisory council under

paragraph (1), a majority of the members shall be individuals

with demonstrated expertise regarding minority health disparity

and other health disparity issues; representatives of communities

impacted by minority and other health disparities shall be

included; and a diversity of health professionals shall be

represented. The membership shall in addition include a

representative of the Office of Behavioral and Social Sciences

Research under section 283c of this title.

(k) Annual report

The Director of the Center shall prepare an annual report on the

activities carried out or to be carried out by the Center, and

shall submit each such report to the Committee on Health,

Education, Labor, and Pensions of the Senate, the Committee on

Commerce of the House of Representatives, the Secretary, and the

Director of NIH. With respect to the fiscal year involved, the

report shall -

(1) describe and evaluate the progress made in health

disparities research conducted or supported by the national

research institutes;

(2) summarize and analyze expenditures made for activities with

respect to health disparities research conducted or supported by

the National Institutes of Health;

(3) include a separate statement applying the requirements of

paragraphs (1) and (2) specifically to minority health

disparities research; and

(4) contain such recommendations as the Director considers

appropriate.

(l) Authorization of appropriations

For the purpose of carrying out this subpart, there are

authorized to be appropriated $100,000,000 for fiscal year 2001,

and such sums as may be necessary for each of the fiscal years 2002

through 2005. Such authorization of appropriations is in addition

to other authorizations of appropriations that are available for

the conduct and support of minority health disparities research or

other health disparities research by the agencies of the National

Institutes of Health.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 485E, as added Pub. L.

106-525, title I, Sec. 101(a), Nov. 22, 2000, 114 Stat. 2497.)

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-MISC1-

FINDINGS

Pub. L. 106-525, Sec. 2, Nov. 22, 2000, 114 Stat. 2495, provided

that: "The Congress finds as follows:

"(1) Despite notable progress in the overall health of the

Nation, there are continuing disparities in the burden of illness

and death experienced by African Americans, Hispanics, Native

Americans, Alaska Natives, and Asian Pacific Islanders, compared

to the United States population as a whole.

"(2) The largest numbers of the medically underserved are white

individuals, and many of them have the same health care access

problems as do members of minority groups. Nearly 20,000,000

white individuals live below the poverty line with many living in

nonmetropolitan, rural areas such as Appalachia, where the high

percentage of counties designated as health professional shortage

areas (47 percent) and the high rate of poverty contribute to

disparity outcomes. However, there is a higher proportion of

racial and ethnic minorities in the United States represented

among the medically underserved.

"(3) There is a national need for minority scientists in the

fields of biomedical, clinical, behavioral, and health services

research. Ninety percent of minority physicians educated at

Historically Black Medical Colleges live and serve in minority

communities.

"(4) Demographic trends inspire concern about the Nation's

ability to meet its future scientific, technological, and

engineering workforce needs. Historically, non-Hispanic white

males have made up the majority of the United States scientific,

technological, and engineering workers.

"(5) The Hispanic and Black population will increase

significantly in the next 50 years. The scientific,

technological, and engineering workforce may decrease if

participation by underrepresented minorities remains the same.

"(6) Increasing rates of Black and Hispanic workers can help

ensure a strong scientific, technological, and engineering

workforce.

"(7) Individuals such as underrepresented minorities and women

in the scientific, technological, and engineering workforce

enable society to address its diverse needs.

"(8) If there had not been a substantial increase in the number

of science and engineering degrees awarded to women and

underrepresented minorities over the past few decades, the United

States would be facing even greater shortages in scientific,

technological, and engineering workers.

"(9) In order to effectively promote a diverse and strong 21st

century scientific, technological, and engineering workforce,

Federal agencies should expand or add programs that effectively

overcome barriers such as educational transition from one level

to the next and student requirements for financial resources.

"(10) Federal agencies should work in concert with the private

nonprofit sector to emphasize the recruitment and retention of

qualified individuals from ethnic and gender groups that are

currently underrepresented in the scientific, technological, and

engineering workforce.

"(11) Behavioral and social sciences research has increased

awareness and understanding of factors associated with health

care utilization and access, patient attitudes toward health

services, and risk and protective behaviors that affect health

and illness. These factors have the potential to then be modified

to help close the health disparities gap among ethnic minority

populations. In addition, there is a shortage of minority

behavioral science researchers and behavioral health care

professionals. According to the National Science Foundation, only

15.5 percent of behavioral research-oriented psychology doctorate

degrees were awarded to minority students in 1997. In addition,

only 17.9 percent of practice-oriented psychology doctorate

degrees were awarded to ethnic minorities."

REPORT REGARDING RESOURCES OF NATIONAL INSTITUTES OF HEALTH

DEDICATED TO MINORITY AND OTHER HEALTH DISPARITIES RESEARCH

Pub. L. 106-525, title I, Sec. 105, Nov. 22, 2000, 114 Stat.

2504, provided that: "Not later than December 1, 2003, the Director

of the National Center on Minority Health and Health Disparities

(established by the amendment made by section 101(a) [enacting this

section]), after consultation with the advisory council for such

Center, shall submit to the Congress, the Secretary of Health and

Human Services, and the Director of the National Institutes of

Health a report that provides the following:

"(1) Recommendations for the methodology that should be used to

determine the extent of the resources of the National Institutes

of Health that are dedicated to minority health disparities

research and other health disparities research, including

determining the amount of funds that are used to conduct and

support such research. With respect to such methodology, the

report shall address any discrepancies between the methodology

used by such Institutes as of the date of the enactment of this

Act [Nov. 22, 2000] and the methodology used by the Institute of

Medicine as of such date.

"(2) A determination of whether and to what extent, relative to

fiscal year 1999, there has been an increase in the level of

resources of the National Institutes of Health that are dedicated

to minority health disparities research, including the amount of

funds used to conduct and support such research. The report shall

include provisions describing whether and to what extent there

have been increases in the number and amount of awards to

minority serving institutions."

PUBLIC AWARENESS AND DISSEMINATION OF INFORMATION ON HEALTH

DISPARITIES

Pub. L. 106-525, title V, Sec. 501, Nov. 22, 2000, 114 Stat.

2510, provided that:

"(a) Public Awareness on Health Disparities. - The Secretary of

Health and Human Services (in this section referred to as the

'Secretary') shall conduct a national campaign to inform the public

and health care professionals about health disparities in minority

and other underserved populations by disseminating information and

materials available on specific diseases affecting these

populations and programs and activities to address these

disparities. The campaign shall -

"(1) have a specific focus on minority and other underserved

communities with health disparities; and

"(2) include an evaluation component to assess the impact of

the national campaign in raising awareness of health disparities

and information on available resources.

"(b) Dissemination of Information on Health Disparities. - The

Secretary shall develop and implement a plan for the dissemination

of information and findings with respect to health disparities

under titles I, II, III, and IV of this Act [see Tables for

classification]. The plan shall -

"(1) include the participation of all agencies of the

Department of Health and Human Services that are responsible for

serving populations included in the health disparities research;

and

"(2) have agency-specific strategies for disseminating relevant

findings and information on health disparities and improving

health care services to affected communities."

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 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.

770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

Pub. L. 93-641, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 299a-1 of this title.

-FOOTNOTE-

(!1) So in original. Section 287a-1 of this title does not contain

subsections.

-End-

-CITE-

42 USC Sec. 287c-32 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 6 - national center on minority health and health

disparities

-HEAD-

Sec. 287c-32. Centers of excellence for research education and

training

-STATUTE-

(a) In general

The Director of the Center shall make awards of grants or

contracts to designated biomedical and behavioral research

institutions under paragraph (1) of subsection (c) of this section,

or to consortia under paragraph (2) of such subsection, for the

purpose of assisting the institutions in supporting programs of

excellence in biomedical and behavioral research training for

individuals who are members of minority health disparity

populations or other health disparity populations.

(b) Required use of funds

An award may be made under subsection (a) of this section only if

the applicant involved agrees that the grant will be expended -

(1) to train members of minority health disparity populations

or other health disparity populations as professionals in the

area of biomedical or behavioral research or both; or

(2) to expand, remodel, renovate, or alter existing research

facilities or construct new research facilities for the purpose

of conducting minority health disparities research and other

health disparities research.

(c) Centers of excellence

(1) In general

For purposes of this section, a designated biomedical and

behavioral research institution is a biomedical and behavioral

research institution that -

(A) has a significant number of members of minority health

disparity populations or other health disparity populations

enrolled as students in the institution (including individuals

accepted for enrollment in the institution);

(B) has been effective in assisting such students of the

institution to complete the program of education or training

and receive the degree involved;

(C) has made significant efforts to recruit minority students

to enroll in and graduate from the institution, which may

include providing means-tested scholarships and other financial

assistance as appropriate; and

(D) has made significant recruitment efforts to increase the

number of minority or other members of health disparity

populations serving in faculty or administrative positions at

the institution.

(2) Consortium

Any designated biomedical and behavioral research institution

involved may, with other biomedical and behavioral institutions

(designated or otherwise), including tribal health programs, form

a consortium to receive an award under subsection (a) of this

section.

(3) Application of criteria to other programs

In the case of any criteria established by the Director of the

Center for purposes of determining whether institutions meet the

conditions described in paragraph (1), this section may not, with

respect to minority health disparity populations or other health

disparity populations, be construed to authorize, require, or

prohibit the use of such criteria in any program other than the

program established in this section.

(d) Duration of grant

The period during which payments are made under a grant under

subsection (a) of this section may not exceed 5 years. Such

payments shall be subject to annual approval by the Director of the

Center and to the availability of appropriations for the fiscal

year involved to make the payments.

(e) Maintenance of effort

(1) In general

With respect to activities for which an award under subsection

(a) of this section is authorized to be expended, the Director of

the Center may not make such an award to a designated research

institution or consortium for any fiscal year unless the

institution, or institutions in the consortium, as the case may

be, agree to maintain expenditures of non-Federal amounts for

such activities at a level that is not less than the level of

such expenditures maintained by the institutions involved for the

fiscal year preceding the fiscal year for which such institutions

receive such an award.

(2) Use of Federal funds

With respect to any Federal amounts received by a designated

research institution or consortium and available for carrying out

activities for which an award under subsection (a) of this

section is authorized to be expended, the Director of the Center

may make such an award only if the institutions involved agree

that the institutions will, before expending the award, expend

the Federal amounts obtained from sources other than the award.

(f) Certain expenditures

The Director of the Center may authorize a designated biomedical

and behavioral research institution to expend a portion of an award

under subsection (a) of this section for research endowments.

(g) Definitions

For purposes of this section:

(1) The term "designated biomedical and behavioral research

institution" has the meaning indicated for such term in

subsection (c)(1) of this section. Such term includes any health

professions school receiving an award of a grant or contract

under section 293 of this title.

(2) The term "program of excellence" means any program carried

out by a designated biomedical and behavioral research

institution with an award under subsection (a) of this section,

if the program is for purposes for which the institution involved

is authorized in subsection (b) of this section to expend the

grant.

(h) Authorization of appropriations

For the purpose of making grants under subsection (a) of this

section, there are authorized to be appropriated such sums as may

be necessary for each of the fiscal years 2001 through 2005.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 485F, as added Pub. L.

106-525, title I, Sec. 102, Nov. 22, 2000, 114 Stat. 2501.)

-End-

-CITE-

42 USC Sec. 287c-33 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 6 - national center on minority health and health

disparities

-HEAD-

Sec. 287c-33. Loan repayment program for minority health

disparities research

-STATUTE-

(a) In general

The Director of the Center shall establish a program of entering

into contracts with qualified health professionals under which such

health professionals agree to engage in minority health disparities

research or other health disparities research in consideration of

the Federal Government agreeing to repay, for each year of engaging

in such research, not more than $35,000 of the principal and

interest of the educational loans of such health professionals.

(b) Service provisions

The provisions of sections 254l-1, 254m, and 254o of this title

shall, except as inconsistent with subsection (a) of this section,

apply to the program established in such subsection to the same

extent and in the same manner as such provisions apply to the

National Health Service Corps Loan Repayment Program established in

subpart III of part D of subchapter II of this chapter.

(c) Requirement regarding health disparity populations

The Director of the Center shall ensure that not fewer than 50

percent of the contracts entered into under subsection (a) of this

section are for appropriately qualified health professionals who

are members of a health disparity population.

(d) Priority

With respect to minority health disparities research and other

health disparities research under subsection (a) of this section,

the Secretary shall ensure that priority is given to conducting

projects of biomedical research.

(e) Funding

(1) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each of the fiscal years 2001 through 2005.

(2) Availability of appropriations

Amounts available for carrying out this section shall remain

available until the expiration of the second fiscal year

beginning after the fiscal year for which the amounts were made

available.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 485G, as added Pub. L.

106-525, title I, Sec. 103, Nov. 22, 2000, 114 Stat. 2503.)

-End-

-CITE-

42 USC Sec. 287c-34 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part E - Other Agencies of NIH

subpart 6 - national center on minority health and health

disparities

-HEAD-

Sec. 287c-34. General provisions regarding the Center

-STATUTE-

(a) Administrative support for Center

The Secretary, acting through the Director of the National

Institutes of Health, shall provide administrative support and

support services to the Director of the Center and shall ensure

that such support takes maximum advantage of existing

administrative structures at the agencies of the National

Institutes of Health.

(b) Evaluation and report

(1) Evaluation

Not later than 5 years after November 22, 2000, the Secretary

shall conduct an evaluation to -

(A) determine the effect of this subpart on the planning and

coordination of health disparities research programs at the

agencies of the National Institutes of Health;

(B) evaluate the extent to which this subpart has eliminated

the duplication of administrative resources among such

Institutes, centers and divisions; and

(C) provide, to the extent determined by the Secretary to be

appropriate, recommendations concerning future legislative

modifications with respect to this subpart, for both minority

health disparities research and other health disparities

research.

(2) Minority health disparities research

The evaluation under paragraph (1) shall include a separate

statement that applies subparagraphs (A) and (B) of such

paragraph to minority health disparities research.

(3) Report

Not later than 1 year after the date on which the evaluation is

commenced under paragraph (1), the Secretary shall prepare and

submit to the Committee on Health, Education, Labor, and Pensions

of the Senate, and the Committee on Commerce of the House of

Representatives, a report concerning the results of such

evaluation.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 485H, as added Pub. L.

106-525, title I, Sec. 104, Nov. 22, 2000, 114 Stat. 2503.)

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC Part F - Research on Women's Health 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part F - Research on Women's Health

-HEAD-

PART F - RESEARCH ON WOMEN'S HEALTH

-End-

-CITE-

42 USC Sec. 287d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part F - Research on Women's Health

-HEAD-

Sec. 287d. Office of Research on Women's Health

-STATUTE-

(a) Establishment

There is established within the Office of the Director of NIH an

office to be known as the Office of Research on Women's Health (in

this part referred to as the "Office"). The Office shall be headed

by a director, who shall be appointed by the Director of NIH.

(b) Purpose

The Director of the Office shall -

(1) identify projects of research on women's health that should

be conducted or supported by the national research institutes;

(2) identify multidisciplinary research relating to research on

women's health that should be so conducted or supported;

(3) carry out paragraphs (1) and (2) with respect to the aging

process in women, with priority given to menopause;

(4) promote coordination and collaboration among entities

conducting research identified under any of paragraphs (1)

through (3);

(5) encourage the conduct of such research by entities

receiving funds from the national research institutes;

(6) recommend an agenda for conducting and supporting such

research;

(7) promote the sufficient allocation of the resources of the

national research institutes for conducting and supporting such

research;

(8) assist in the administration of section 289a-2 of this

title with respect to the inclusion of women as subjects in

clinical research; and

(9) prepare the report required in section 287d-2 of this

title.

(c) Coordinating Committee

(1) In carrying out subsection (b) of this section, the Director

of the Office shall establish a committee to be known as the

Coordinating Committee on Research on Women's Health (in this

subsection referred to as the "Coordinating Committee").

(2) The Coordinating Committee shall be composed of the Directors

of the national research institutes (or the designees of the

Directors).

(3) The Director of the Office shall serve as the chair of the

Coordinating Committee.

(4) With respect to research on women's health, the Coordinating

Committee shall assist the Director of the Office in -

(A) identifying the need for such research, and making an

estimate each fiscal year of the funds needed to adequately

support the research;

(B) identifying needs regarding the coordination of research

activities, including intramural and extramural multidisciplinary

activities;

(C) supporting the development of methodologies to determine

the circumstances in which obtaining data specific to women

(including data relating to the age of women and the membership

of women in ethnic or racial groups) is an appropriate function

of clinical trials of treatments and therapies;

(D) supporting the development and expansion of clinical trials

of treatments and therapies for which obtaining such data has

been determined to be an appropriate function; and

(E) encouraging the national research institutes to conduct and

support such research, including such clinical trials.

(d) Advisory Committee

(1) In carrying out subsection (b) of this section, the Director

of the Office shall establish an advisory committee to be known as

the Advisory Committee on Research on Women's Health (in this

subsection referred to as the "Advisory Committee").

(2) The Advisory Committee shall be composed of no fewer than 12,

and not more than 18 individuals, who are not officers or employees

of the Federal Government. The Director of NIH shall make

appointments to the Advisory Committee from among physicians,

practitioners, scientists, and other health professionals, whose

clinical practice, research specialization, or professional

expertise includes a significant focus on research on women's

health. A majority of the members of the Advisory Committee shall

be women.

(3) The Director of the Office shall serve as the chair of the

Advisory Committee.

(4) The Advisory Committee shall -

(A) advise the Director of the Office on appropriate research

activities to be undertaken by the national research institutes

with respect to -

(i) research on women's health;

(ii) research on gender differences in clinical drug trials,

including responses to pharmacological drugs;

(iii) research on gender differences in disease etiology,

course, and treatment;

(iv) research on obstetrical and gynecological health

conditions, diseases, and treatments; and

(v) research on women's health conditions which require a

multidisciplinary approach;

(B) report to the Director of the Office on such research;

(C) provide recommendations to such Director regarding

activities of the Office (including recommendations on the

development of the methodologies described in subsection

(c)(4)(C) of this section and recommendations on priorities in

carrying out research described in subparagraph (A)); and

(D) assist in monitoring compliance with section 289a-2 of this

title regarding the inclusion of women in clinical research.

(5)(A) The Advisory Committee shall prepare a biennial report

describing the activities of the Committee, including findings made

by the Committee regarding -

(i) compliance with section 289a-2 of this title;

(ii) the extent of expenditures made for research on women's

health by the agencies of the National Institutes of Health; and

(iii) the level of funding needed for such research.

(B) The report required in subparagraph (A) shall be submitted to

the Director of NIH for inclusion in the report required in section

283 of this title.

(e) Representation of women among researchers

The Secretary, acting through the Assistant Secretary for

Personnel and in collaboration with the Director of the Office,

shall determine the extent to which women are represented among

senior physicians and scientists of the national research

institutes and among physicians and scientists conducting research

with funds provided by such institutes, and as appropriate, carry

out activities to increase the extent of such representation.

(f) Definitions

For purposes of this part:

(1) The term "women's health conditions", with respect to women

of all age, ethnic, and racial groups, means all diseases,

disorders, and conditions (including with respect to mental

health) -

(A) unique to, more serious, or more prevalent in women;

(B) for which the factors of medical risk or types of medical

intervention are different for women, or for which it is

unknown whether such factors or types are different for women;

or

(C) with respect to which there has been insufficient

clinical research involving women as subjects or insufficient

clinical data on women.

(2) The term "research on women's health" means research on

women's health conditions, including research on preventing such

conditions.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 486, as added Pub. L.

103-43, title I, Sec. 141(a)(3), June 10, 1993, 107 Stat. 136;

amended Pub. L. 105-340, title I, Sec. 106, Oct. 31, 1998, 112

Stat. 3193.)

-MISC1-

AMENDMENTS

1998 - Subsec. (d)(2). Pub. L. 105-340 substituted "NIH" for "the

Office".

TERMINATION OF ADVISORY COMMITTEES

Advisory committees 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 committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

Pub. L. 93-641, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 282 of this title.

-End-

-CITE-

42 USC Sec. 287d-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part F - Research on Women's Health

-HEAD-

Sec. 287d-1. National data system and clearinghouse on research on

women's health

-STATUTE-

(a) Data system

(1) The Director of NIH, in consultation with the Director of the

Office and the Director of the National Library of Medicine, shall

establish a data system for the collection, storage, analysis,

retrieval, and dissemination of information regarding research on

women's health that is conducted or supported by the national

research institutes. Information from the data system shall be

available through information systems available to health care

professionals and providers, researchers, and members of the

public.

(2) The data system established under paragraph (1) shall include

a registry of clinical trials of experimental treatments that have

been developed for research on women's health. Such registry shall

include information on subject eligibility criteria, sex, age,

ethnicity or race, and the location of the trial site or sites.

Principal investigators of such clinical trials shall provide this

information to the registry within 30 days after it is available.

Once a trial has been completed, the principal investigator shall

provide the registry with information pertaining to the results,

including potential toxicities or adverse effects associated with

the experimental treatment or treatments evaluated.

(b) Clearinghouse

The Director of NIH, in consultation with the Director of the

Office and with the National Library of Medicine, shall establish,

maintain, and operate a program to provide information on research

and prevention activities of the national research institutes that

relate to research on women's health.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 486A, as added Pub. L.

103-43, title I, Sec. 141(a)(3), June 10, 1993, 107 Stat. 138.)

-End-

-CITE-

42 USC Sec. 287d-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part F - Research on Women's Health

-HEAD-

Sec. 287d-2. Biennial report

-STATUTE-

(a) In general

With respect to research on women's health, the Director of the

Office shall, not later than February 1, 1994, and biennially

thereafter, prepare a report -

(1) describing and evaluating the progress made during the

preceding 2 fiscal years in research and treatment conducted or

supported by the National Institutes of Health;

(2) describing and analyzing the professional status of women

physicians and scientists of such Institutes, including the

identification of problems and barriers regarding advancements;

(3) summarizing and analyzing expenditures made by the agencies

of such Institutes (and by such Office) during the preceding 2

fiscal years; and

(4) making such recommendations for legislative and

administrative initiatives as the Director of the Office

determines to be appropriate.

(b) Inclusion in biennial report of Director of NIH

The Director of the Office shall submit each report prepared

under subsection (a) of this section to the Director of NIH for

inclusion in the report submitted to the President and the Congress

under section 283 of this title.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 486B, as added Pub. L.

103-43, title I, Sec. 141(a)(3), June 10, 1993, 107 Stat. 139.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 287d of this title.

-End-

-CITE-

42 USC Part G - Awards and Training 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part G - Awards and Training

-HEAD-

PART G - AWARDS AND TRAINING

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43, title I, Sec. 141(a)(2), June 10, 1993,

107 Stat. 136, redesignated part F "Awards and Training" as G.

Former part G "General Provisions" redesignated H.

-End-

-CITE-

42 USC Sec. 288 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part G - Awards and Training

-HEAD-

Sec. 288. Ruth L. Kirschstein National Research Service Awards

-STATUTE-

(a) Biomedical and behavioral research and research training;

programs and institutions included; restriction; special

consideration

(1) The Secretary shall -

(A) provide Ruth L. Kirschstein National Research Service

Awards for -

(i) biomedical and behavioral research at the National

Institutes of Health in matters relating to the cause,

diagnosis, prevention, and treatment of the diseases or other

health problems to which the activities of the National

Institutes of Health and Administration (!1) are directed;

(ii) training at the National Institutes of Health and at the

Administration (!1) of individuals to undertake such research;

(iii) biomedical and behavioral research and health services

research (including research in primary medical care) at public

and nonprofit private entities; and

(iv) pre-doctoral and post-doctoral training at public and

private institutions of individuals to undertake biomedical and

behavioral research;

(B) make grants to public and nonprofit private institutions to

enable such institutions to make Ruth L. Kirschstein National

Research Service Awards for research (and training to undertake

biomedical and behavioral research) in the matters described in

subparagraph (A)(i) to individuals selected by such institutions;

and

(C) provide contracts for scholarships and loan repayments in

accordance with sections 288-4 and 288-5 of this title, subject

to providing not more than an aggregate 50 such contracts during

the fiscal years 1994 through 1996.

A reference in this subsection to the National Institutes of Health

shall be considered to include the institutes, agencies, divisions,

and bureaus included in the National Institutes of Health or under

the Administration,(!1) as the case may be.

(2) Ruth L. Kirschstein National Research Service Awards may not

be used to support residency training of physicians and other

health professionals.

(3) In awarding Ruth L. Kirschstein National Research Service

Awards under this section, the Secretary shall take account of the

Nation's overall need for biomedical research personnel by giving

special consideration to physicians who agree to undertake a

minimum of two years of biomedical research.

(4) The Secretary shall carry out paragraph (1) in a manner that

will result in the recruitment of women, and individuals from

disadvantaged backgrounds (including racial and ethnic minorities),

into fields of biomedical or behavioral research and in the

provision of research training to women and such individuals.

(b) Prerequisites for Award; review and approval by appropriate

advisory councils; Award period; uses for Award; payments to

non-Federal public or nonprofit private institutions

(1) No Ruth L. Kirschstein National Research Service Award may be

made by the Secretary to any individual unless -

(A) the individual has submitted to the Secretary an

application therefor and the Secretary has approved the

application;

(B) the individual provides, in such form and manner as the

Secretary shall by regulation prescribe, assurances satisfactory

to the Secretary that the individual will meet the service

requirement of subsection (c) of this section; and

(C) in the case of a Ruth L. Kirschstein National Research

Service Award for a purpose described in subsection

(a)(1)(A)(iii) of this section, the individual has been sponsored

(in such manner as the Secretary may by regulation require) by

the institution at which the research or training under the award

will be conducted.

An application for an award shall be in such form, submitted in

such manner, and contain such information, as the Secretary may by

regulation prescribe.

(2) The making of grants under subsection (a)(1)(B) of this

section for Ruth L. Kirschstein National Research Service Awards

shall be subject to review and approval by the appropriate advisory

councils within the Department of Health and Human Services (A)

whose activities relate to the research or training under the

awards, or (B) for the entity at which such research or training

will be conducted.

(3) No grant may be made under subsection (a)(1)(B) of this

section unless an application therefor has been submitted to and

approved by the Secretary. Such application shall be in such form,

submitted in such manner, and contain such information, as the

Secretary may by regulation prescribe. Subject to the provisions of

this section (other than paragraph (1)), Ruth L. Kirschstein

National Research Service Awards made under a grant under

subsection (a)(1)(B) of this section shall be made in accordance

with such regulations as the Secretary shall prescribe.

(4) The period of any Ruth L. Kirschstein National Research

Service Award made to any individual under subsection (a) of this

section may not exceed -

(A) five years in the aggregate for pre-doctoral training; and

(B) three years in the aggregate for post-doctoral training;

unless the Secretary for good cause shown waives the application of

such limit to such individual.

(5) Ruth L. Kirschstein National Research Service Awards shall

provide for such stipends, tuition, fees, and allowances (including

travel and subsistence expenses and dependency allowances),

adjusted periodically to reflect increases in the cost of living,

for the recipients of the awards as the Secretary may deem

necessary. A Ruth L. Kirschstein National Research Service Award

made to an individual for research or research training at a

non-Federal public or nonprofit private institution shall also

provide for payments to be made to the institution for the cost of

support services (including the cost of faculty salaries, supplies,

equipment, general research support, and related items) provided

such individual by such institution. The amount of any such

payments to any institution shall be determined by the Secretary

and shall bear a direct relationship to the reasonable costs of the

institution for establishing and maintaining the quality of its

biomedical and behavioral research and training programs.

(c) Health research or teaching; service period; recovery upon

noncompliance with service requirement, formula; cancellation or

waiver of obligation

(1) Each individual who is awarded a Ruth L. Kirschstein National

Research Service Award for postdoctoral research training shall, in

accordance with paragraph (3), engage in research training,

research, or teaching that is health-related (or any combination

thereof) for the period specified in paragraph (2). Such period

shall be served in accordance with the usual patterns of scientific

employment.

(2)(A) The period referred to in paragraph (1) is 12 months, or

one month for each month for which the individual involved receives

a Ruth L. Kirschstein National Research Service Award for

postdoctoral research training, whichever is less.

(B) With respect to postdoctoral research training, in any case

in which an individual receives a Ruth L. Kirschstein National

Research Service Award for more than 12 months, the 13th month and

each subsequent month of performing activities under the Award

shall be considered to be activities engaged in toward satisfaction

of the requirement established in paragraph (1) regarding a period

of service.

(3) The requirement of paragraph (1) shall be complied with by

any individual to whom it applies within such reasonable period of

time, after the completion of such individual's award, as the

Secretary shall by regulation prescribe. The Secretary shall by

regulation prescribe the type of research and teaching in which an

individual may engage to comply with such requirement and such

other requirements respecting research and teaching as the

Secretary considers appropriate.

(4)(A) If any individual to whom the requirement of paragraph (1)

is applicable fails, within the period prescribed by paragraph (3),

to comply with such requirements, the United States shall be

entitled to recover from such individual an amount determined in

accordance with the formula -

T-S

A=G6F G7A - - G7B

T

in which "A" is the amount the United States is entitled to

recover; "G6f" is the sum of the total amount paid under one or

more Ruth L. Kirschstein National Research Service Awards to such

individual; "t" is the total number of months in such individual's

service obligation; and "s" is the number of months of such

obligation served by such individual in accordance with paragraphs

(1) and (2) of this subsection.

(B) Any amount which the United States is entitled to recover

under subparagraph (A) shall, within the three-year period

beginning on the date the United States becomes entitled to recover

such amount, be paid to the United States. Until any amount due the

United States under subparagraph (A) on account of any Ruth L.

Kirschstein National Research Service Award is paid, there shall

accrue to the United States interest on such amount at a rate fixed

by the Secretary of the Treasury after taking into consideration

private consumer rates of interest prevailing on the date the

United States becomes entitled to such amount.

(5)(A) Any obligation of an individual under paragraph (1) shall

be canceled upon the death of such individual.

(B) The Secretary shall by regulation provide for the waiver or

suspension of any such obligation applicable to any individual

whenever compliance by such individual is impossible or would

involve substantial hardship to such individual or would be against

equity and good conscience.

(d) Authorization of appropriations; apportionment

For the purpose of carrying out this section, there are

authorized to be appropriated $400,000,000 for fiscal year 1994,

and such sums as may be necessary for each of the fiscal years 1995

and 1996. Of the amounts appropriated under this subsection -

(1) not less than 15 percent shall be made available for

payments under Ruth L. Kirschstein National Research Service

Awards provided by the Secretary under subsection (a)(1)(A) of

this section;

(2) not less than 50 percent shall be made available for grants

under subsection (a)(1)(B) of this section for Ruth L.

Kirschstein National Research Service Awards;

(3) 1 percent shall be made available to the Secretary, acting

through the Administrator of the Health Resources and Services

Administration, for payments under Ruth L. Kirschstein National

Research Service Awards which (A) are made to individuals

affiliated with entities which have received grants or contracts

under section 293k, 293l,(!2) or 293m (!2) of this title, and (B)

are for research in primary medical care; and 1 percent shall be

made available for payments under Ruth L. Kirschstein National

Research Service Awards made for health services research by the

Agency for Healthcare Research and Quality under section 242b(a)

of this title; and

(4) not more than 4 percent may be obligated for Ruth L.

Kirschstein National Research Service Awards for periods of three

months or less.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 487, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 869; amended Pub. L.

100-607, title I, Sec. 151, title VI, Sec. 635, Nov. 4, 1988, 102

Stat. 3058, 3148; Pub. L. 101-93, Sec. 5(d), Aug. 16, 1989, 103

Stat. 612; Pub. L. 101-239, title VI, Sec. 6103(e)(7), Dec. 19,

1989, 103 Stat. 2208; Pub. L. 102-321, title I, Sec. 163(b)(4),

July 10, 1992, 106 Stat. 376; Pub. L. 103-43, title XVI, Secs.

1601, 1602, 1632, 1641, title XX, Sec. 2008(b)(14), June 10, 1993,

107 Stat. 181, 186, 211; Pub. L. 106-129, Sec. 2(b)(2), Dec. 6,

1999, 113 Stat. 1670; Pub. L. 107-206, title I, Sec. 804(a), (b),

Aug. 2, 2002, 116 Stat. 874.)

-REFTEXT-

REFERENCES IN TEXT

Sections 293l and 293m of this title, referred to in subsec.

(d)(3), were repealed, and a new section 293l, relating to

different subject matter, was added by Pub. L. 105-392, title I,

Sec. 102(4), Nov. 13, 1998, 112 Stat. 3539.

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-206 inserted "Ruth L. Kirschstein" before

"National Research Service Award" and "National Research Service

Awards" wherever appearing in section catchline and text.

1999 - Subsec. (d)(3). Pub. L. 106-129 substituted "Agency for

Healthcare Research and Quality" for "Agency for Health Care Policy

and Research".

1993 - Subsec. (a)(1)(C). Pub. L. 103-43, Sec. 1632, added

subpar. (C).

Subsec. (a)(4). Pub. L. 103-43, Sec. 1601, added par. (4).

Subsec. (c)(1), (2). Pub. L. 103-43, Sec. 1602, added pars. (1)

and (2) and struck out former pars. (1) and (2) which read as

follows:

"(1) Each individual who is awarded a National Research Service

Award (other than an individual who is a pre-baccalaureate student

who is awarded a National Research Service Award for research

training) shall, in accordance with paragraph (3), engage in health

research or teaching or any combination thereof which is in

accordance with the usual patterns of academic employment, for a

period computed in accordance with paragraph (2).

"(2) For each month for which an individual receives a National

Research Service Award which is made for a period in excess of

twelve months, such individual shall engage in one month of health

research or teaching or any combination thereof which is in

accordance with the usual patterns of academic employment."

Subsec. (d). Pub. L. 103-43, Sec. 1641(1), amended first sentence

generally. Prior to amendment, first sentence read as follows: "For

the purpose of making payments under National Research Service

Awards and under grants for such Awards, there are authorized to be

appropriated $300,000,000 for fiscal year 1989 and such sums as may

be necessary for fiscal year 1990."

Subsec. (d)(3). Pub. L. 103-43, Secs. 1641(2), 2008(b)(14),

substituted "1 percent" for "one-half of one percent" in two

places, "293k, 293l, or 293m" for "295g, 295g-4, or 295g-6", and

"242b(a)" for "242b(a)(3)".

1992 - Subsec. (a)(1). Pub. L. 102-321 struck out "and the

Alcohol, Drug Abuse, and Mental Health Administration" before "in

matters relating to" in subpar. (A)(i) and struck out "or the

Alcohol, Drug Abuse, and Mental Health Administration" before

"shall be considered" in last sentence.

1989 - Subsec. (d)(3). Pub. L. 101-93 directed that par. (3), as

similarly amended by sections 151(2) and 635 of Pub. L. 100-607, be

amended to read as if the amendment made by such section 635 had

not been enacted. See 1988 Amendment note below.

Subsec. (d)(3)(B). Pub. L. 101-239 substituted "Agency for Health

Care Policy and Research" for "National Center for Health Services

Research and Health Care Technology Assessment".

1988 - Subsec. (d). Pub. L. 100-607, Sec. 151(1), amended first

sentence generally. Prior to amendment, first sentence read as

follows: "There are authorized to be appropriated to make payments

under National Research Service Awards and under grants for such

awards $244,000,000 for fiscal year 1986, $260,000,000 for fiscal

year 1987, and $275,000,000 for fiscal year 1988."

Subsec. (d)(3). Pub. L. 100-607, Secs. 151(2), 635, made

identical amendments, inserting "to the Secretary, acting through

the Administrator of the Health Resources and Services

Administration," after first reference to "available".

-CHANGE-

CHANGE OF NAME

Pub. L. 107-206, title I, Sec. 804(c), Aug. 2, 2002, 116 Stat.

874, provided that: "Any reference in any law (other than this Act

[see Tables for classification]), regulation, document, record,

map, or other paper of the United States to 'National Research

Service Awards' shall be considered to be a reference to 'Ruth L.

Kirschstein National Research Service Awards'."

-MISC2-

EFFECTIVE DATE OF 1992 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 254m, 282, 284, 285a-3,

285b-4, 285c-2, 285d-2, 285e-2, 287c, 288-4, 288-5, 299a, 300cc-16

of this title.

-FOOTNOTE-

(!1) So in original. Reference to Administration probably should not

appear.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 288-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part G - Awards and Training

-HEAD-

Sec. 288-1. Loan repayment program for research with respect to

acquired immune deficiency syndrome

-STATUTE-

(a) In general

The Secretary shall carry out a program of entering into

agreements with appropriately qualified health professionals under

which such health professionals agree to conduct, as employees of

the National Institutes of Health, research with respect to

acquired immune deficiency syndrome in consideration of the Federal

Government agreeing to repay, for each year of such service, not

more than $35,000 of the principal and interest of the educational

loans of such health professionals.

(b) Applicability of certain provisions

With respect to the National Health Service Corps Loan Repayment

Program established in subpart III of part D of subchapter II of

this chapter, the provisions of such subpart shall, except as

inconsistent with subsection (a) of this section, apply to the

program established in such subsection (a) of this section in the

same manner and to the same extent as such provisions apply to the

National Health Service Corps Loan Repayment Program established in

such subpart.

(c) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each of the fiscal years 1994 through 2001.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 487A, as added Pub. L.

100-607, title VI, Sec. 634(a), Nov. 4, 1988, 102 Stat. 3148;

amended Pub. L. 103-43, title XVI, Sec. 1611(a), June 10, 1993, 107

Stat. 181; Pub. L. 105-392, title IV, Sec. 410(a), Nov. 13, 1998,

112 Stat. 3589.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-392, Sec. 410(a)(1), substituted

"$35,000" for "$20,000".

Subsec. (c). Pub. L. 105-392, Sec. 410(a)(2), substituted "2001"

for "1996".

1993 - Pub. L. 103-43 amended section generally, in subsec. (a)

redesignating former par. (1) as entire subsec., striking out

provisions setting a deadline for implementation of the program and

former par. (2) containing a limitation that the health

professional have a substantial amount of educational loans

relative to income and not have been employed at the National

Institutes of Health during the 1-year period preceding Nov. 4,

1988, reenacting subsec. (b) without change, and in subsec. (c)

redesignating former par. (1) as entire subsec., substituting

authorization of appropriations for fiscal years 1994 through 1996

for authorization of appropriations for fiscal years 1989 through

1991, and striking out former par. (2) relating to continued

availability of appropriated amounts.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 1611(b) of Pub. L. 103-43 provided that: "The amendment

made by subsection (a) [amending this section] does not apply to

any agreement entered into under section 487A of the Public Health

Service Act [this section] before the date of the enactment of this

Act [June 10, 1993]. Each such agreement continues to be subject to

the terms of the agreement in effect on the day before such date."

-End-

-CITE-

42 USC Sec. 288-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part G - Awards and Training

-HEAD-

Sec. 288-2. Loan repayment program for research with respect to

contraception and infertility

-STATUTE-

(a) Establishment

The Secretary, in consultation with the Director of the National

Institute of Child Health and Human Development, shall establish a

program of entering into contracts with qualified health

professionals (including graduate students) under which such health

professionals agree to conduct research with respect to

contraception, or with respect to infertility, in consideration of

the Federal Government agreeing to repay, for each year of such

service, not more than $35,000 of the principal and interest of the

educational loans of such health professionals.

(b) Contracts, obligated service, breach of contract

The provisions of sections 254l-1, 254m, and 254o of this title

shall, except as inconsistent with subsection (a) of this section,

apply to the program established in subsection (a) of this section

to the same extent and in the same manner as such provisions apply

to the National Health Service Corps Loan Repayment Program

established in subpart III of part D of subchapter II of this

chapter.

(c) Availability of funds

Amounts available for carrying out this section shall remain

available until the expiration of the second fiscal year beginning

after the fiscal year for which the amounts were made available.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 487B, as added Pub. L.

103-43, title X, Sec. 1002, June 10, 1993, 107 Stat. 166; amended

Pub. L. 105-392, title IV, Sec. 410(b), Nov. 13, 1998, 112 Stat.

3589.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-392 substituted "$35,000" for

"$20,000".

-End-

-CITE-

42 USC Sec. 288-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part G - Awards and Training

-HEAD-

Sec. 288-3. Loan repayment program for research generally

-STATUTE-

(a) In general

(1) Authority for program

Subject to paragraph (2), the Secretary shall carry out a

program of entering into contracts with appropriately qualified

health professionals under which such health professionals agree

to conduct research, as employees of the National Institutes of

Health, in consideration of the Federal Government agreeing to

repay, for each year of such service, not more than $35,000 of

the principal and interest of the educational loans of such

health professionals.

(2) Limitation

The Secretary may not enter into an agreement with a health

professional pursuant to paragraph (1) unless such professional -

(A) has a substantial amount of educational loans relative to

income; and

(B) agrees to serve as an employee of the National Institutes

of Health for purposes of paragraph (1) for a period of not

less than 3 years.

(b) Applicability of certain provisions

With respect to the National Health Service Corps Loan Repayment

Program established in subpart III of part D of subchapter II of

this chapter, the provisions of such subpart shall, except as

inconsistent with subsection (a) of this section, apply to the

program established in such subsection (a) of this section in the

same manner and to the same extent as such provisions apply to the

National Health Service Corps Loan Repayment Program established in

such subpart.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 487C, as added Pub. L.

103-43, title XVI, Sec. 1621, June 10, 1993, 107 Stat. 182; amended

Pub. L. 105-392, title IV, Sec. 410(c), Nov. 13, 1998, 112 Stat.

3589.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-392 substituted "$35,000" for

"$20,000".

-End-

-CITE-

42 USC Sec. 288-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part G - Awards and Training

-HEAD-

Sec. 288-4. Undergraduate scholarship program regarding professions

needed by National Research Institutes

-STATUTE-

(a) Establishment of program

(1) In general

Subject to section 288(a)(1)(C) of this title, the Secretary,

acting through the Director of NIH, may carry out a program of

entering into contracts with individuals described in paragraph

(2) under which -

(A) the Director of NIH agrees to provide to the individuals

scholarships for pursuing, as undergraduates at accredited

institutions of higher education, academic programs appropriate

for careers in professions needed by the National Institutes of

Health; and

(B) the individuals agree to serve as employees of the

National Institutes of Health, for the period described in

subsection (c) of this section, in positions that are needed by

the National Institutes of Health and for which the individuals

are qualified.

(2) Individuals from disadvantaged backgrounds

The individuals referred to in paragraph (1) are individuals

who -

(A) are enrolled or accepted for enrollment as full-time

undergraduates at accredited institutions of higher education;

and

(B) are from disadvantaged backgrounds.

(b) Facilitation of interest of students in careers at National

Institutes of Health

In providing employment to individuals pursuant to contracts

under subsection (a)(1) of this section, the Director of NIH shall

carry out activities to facilitate the interest of the individuals

in pursuing careers as employees of the National Institutes of

Health.

(c) Period of obligated service

(1) Duration of service

For purposes of subparagraph (B) of subsection (a)(1) of this

section, the period of service for which an individual is

obligated to serve as an employee of the National Institutes of

Health is, subject to paragraph (2)(A), 12 months for each

academic year for which the scholarship under such subsection is

provided.

(2) Schedule for service

(A) Subject to subparagraph (B), the Director of NIH may not

provide a scholarship under subsection (a) of this section unless

the individual applying for the scholarship agrees that -

(i) the individual will serve as an employee of the National

Institutes of Health full-time for not less than 10 consecutive

weeks of each year during which the individual is attending the

educational institution involved and receiving such a

scholarship;

(ii) the period of service as such an employee that the

individual is obligated to provide under clause (i) is in

addition to the period of service as such an employee that the

individual is obligated to provide under subsection (a)(1)(B)

of this section; and

(iii) not later than 60 days after obtaining the educational

degree involved, the individual will begin serving full-time as

such an employee in satisfaction of the period of service that

the individual is obligated to provide under subsection

(a)(1)(B) of this section.

(B) The Director of NIH may defer the obligation of an

individual to provide a period of service under subsection

(a)(1)(B) of this section, if the Director determines that such a

deferral is appropriate.

(3) Applicability of certain provisions relating to appointment

and compensation

For any period in which an individual provides service as an

employee of the National Institutes of Health in satisfaction of

the obligation of the individual under subsection (a)(1)(B) of

this section or paragraph (2)(A)(i), the individual may be

appointed as such an employee without regard to the provisions of

title 5 relating to appointment and compensation.

(d) Provisions regarding scholarship

(1) Approval of academic program

The Director of NIH may not provide a scholarship under

subsection (a) of this section for an academic year unless -

(A) the individual applying for the scholarship has submitted

to the Director a proposed academic program for the year and

the Director has approved the program; and

(B) the individual agrees that the program will not be

altered without the approval of the Director.

(2) Academic standing

The Director of NIH may not provide a scholarship under

subsection (a) of this section for an academic year unless the

individual applying for the scholarship agrees to maintain an

acceptable level of academic standing, as determined by the

educational institution involved in accordance with regulations

issued by the Secretary.

(3) Limitation on amount

The Director of NIH may not provide a scholarship under

subsection (a) of this section for an academic year in an amount

exceeding $20,000.

(4) Authorized uses

A scholarship provided under subsection (a) of this section may

be expended only for tuition expenses, other reasonable

educational expenses, and reasonable living expenses incurred in

attending the school involved.

(5) Contract regarding direct payments to institution

In the case of an institution of higher education with respect

to which a scholarship under subsection (a) of this section is

provided, the Director of NIH may enter into a contract with the

institution under which the amounts provided in the scholarship

for tuition and other educational expenses are paid directly to

the institution.

(e) Penalties for breach of scholarship contract

The provisions of section 254o of this title shall apply to the

program established in subsection (a) of this section to the same

extent and in the same manner as such provisions apply to the

National Health Service Corps Loan Repayment Program established in

section 254l-1 of this title.

(f) Requirement of application

The Director of NIH may not provide a scholarship under

subsection (a) of this section unless an application for the

scholarship is submitted to the Director and the application is in

such form, is made in such manner, and contains such agreements,

assurances, and information as the Director determines to be

necessary to carry out this section.

(g) Availability of authorization of appropriations

Amounts appropriated for a fiscal year for scholarships under

this section shall remain available until the expiration of the

second fiscal year beginning after the fiscal year for which the

amounts were appropriated.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 487D, as added Pub. L.

103-43, title XVI, Sec. 1631, June 10, 1993, 107 Stat. 183.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 relating to appointment and

compensation, referred to in subsec. (c)(3), are classified

generally to section 3301 et seq. and section 5301 et seq.,

respectively, of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 288 of this title.

-End-

-CITE-

42 USC Sec. 288-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part G - Awards and Training

-HEAD-

Sec. 288-5. Loan repayment program regarding clinical researchers

from disadvantaged backgrounds

-STATUTE-

(a) Implementation of program

(1) In general

Subject to section 288(a)(1)(C) of this title, the Secretary,

acting through the Director of NIH may, subject to paragraph (2),

carry out a program of entering into contracts with appropriately

qualified health professionals who are from disadvantaged

backgrounds under which such health professionals agree to

conduct clinical research in consideration of the Federal

Government agreeing to pay, for each year of such service, not

more than $35,000 of the principal and interest of the

educational loans of the health professionals.

(2) Limitation

The Director of NIH may not enter into a contract with a health

professional pursuant to paragraph (1) unless such professional

has a substantial amount of education loans relative to income.

(3) Applicability of certain provisions regarding obligated

service

Except to the extent inconsistent with this section, the

provisions of sections 254l-1, 254m and 254o of this title shall

apply to the program established in paragraph (1) to the same

extent and in the same manner as such provisions apply to the

National Health Service Corps Loan Repayment Program established

in section 254l-1 of this title.

(b) Availability of authorization of appropriations

Amounts appropriated for a fiscal year for contracts under

subsection (a) of this section shall remain available until the

expiration of the second fiscal year beginning after the fiscal

year for which the amounts were appropriated.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 487E, as added Pub. L.

103-43, title XVI, Sec. 1631, June 10, 1993, 107 Stat. 185; amended

Pub. L. 105-392, title IV, Sec. 410(d), Nov. 13, 1998, 112 Stat.

3589; Pub. L. 106-554, Sec. 1(a)(1) [title II, Sec. 223], Dec. 21,

2000, 114 Stat. 2763, 2763A-30.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-554 struck out "as employees

of the National Institutes of Health" after "conduct clinical

research".

1998 - Subsec. (a)(1). Pub. L. 105-392, Sec. 410(d)(1),

substituted "$35,000" for "$20,000".

Subsec. (a)(3). Pub. L. 105-392, Sec. 410(d)(2), substituted

"254l-1, 254m" for "254m".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 288 of this title.

-End-

-CITE-

42 USC Sec. 288-5a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part G - Awards and Training

-HEAD-

Sec. 288-5a. Loan repayment program regarding clinical researchers

-STATUTE-

(a) In general

The Secretary, acting through the Director of the National

Institutes of Health, shall establish a program to enter into

contracts with qualified health professionals under which such

health professionals agree to conduct clinical research, in

consideration of the Federal Government agreeing to repay, for each

year of service conducting such research, not more than $35,000 of

the principal and interest of the educational loans of such health

professionals.

(b) Application of provisions

The provisions of sections 254l-1, 254m, and 254o of this title

shall, except as inconsistent with subsection (a) of this section,

apply to the program established under subsection (a) of this

section to the same extent and in the same manner as such

provisions apply to the National Health Service Corps Loan

Repayment Program established in subpart III of part D of

subchapter II of this chapter.

(c) Funding

(1) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each fiscal year.

(2) Availability

Amounts appropriated for carrying out this section shall remain

available until the expiration of the second fiscal year

beginning after the fiscal year for which the amounts were made

available.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 487F, as added Pub. L.

106-505, title II, Sec. 205, Nov. 13, 2000, 114 Stat. 2329.)

-COD-

CODIFICATION

Another section 487F of act July 1, 1944, is classified to

section 288-6 of this title.

-End-

-CITE-

42 USC Sec. 288-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part G - Awards and Training

-HEAD-

Sec. 288-6. Pediatric research loan repayment program

-STATUTE-

(a) In general

The Secretary, in consultation with the Director of NIH, may

establish a pediatric research loan repayment program. Through such

program -

(1) the Secretary shall enter into contracts with qualified

health professionals under which such professionals will agree to

conduct pediatric research, in consideration of the Federal

Government agreeing to repay, for each year of such service, not

more than $35,000 of the principal and interest of the

educational loans of such professionals; and

(2) the Secretary shall, for the purpose of providing

reimbursements for tax liability resulting from payments made

under paragraph (1) on behalf of an individual, make payments, in

addition to payments under such paragraph, to the individual in

an amount equal to 39 percent of the total amount of loan

repayments made for the taxable year involved.

(b) Application of other provisions

The provisions of sections 254l-1, 254m, and 254o of this title

shall, except as inconsistent with paragraph (1), apply to the

program established under such paragraph to the same extent and in

the same manner as such provisions apply to the National Health

Service Corps Loan Repayment Program established under subpart III

of part D of subchapter II of this chapter.

(c) Funding

(1) In general

For the purpose of carrying out this section with respect to a

national research institute the Secretary may reserve, from

amounts appropriated for such institute for the fiscal year

involved, such amounts as the Secretary determines to be

appropriate.

(2) Availability of funds

Amounts made available to carry out this section shall remain

available until the expiration of the second fiscal year

beginning after the fiscal year for which such amounts were made

available.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 487F, as added Pub. L.

106-310, div. A, title X, Sec. 1002(b), Oct. 17, 2000, 114 Stat.

1129.)

-COD-

CODIFICATION

Another section 487F of act July 1, 1944, is classified to

section 288-5a of this title.

-End-

-CITE-

42 USC Sec. 288a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part G - Awards and Training

-HEAD-

Sec. 288a. Visiting Scientist Awards

-STATUTE-

(a) The Secretary may make awards (hereafter in this section

referred to as "Visiting Scientist Awards") to outstanding

scientists who agree to serve as visiting scientists at

institutions of postsecondary education which have significant

enrollments of disadvantaged students. Visiting Scientist Awards

shall be made by the Secretary to enable the faculty and students

of such institutions to draw upon the special talents of scientists

from other institutions for the purpose of receiving guidance,

advice, and instruction with regard to research, teaching, and

curriculum development in the biomedical and behavioral sciences

and such other aspects of these sciences as the Secretary shall

deem appropriate.

(b) The amount of each Visiting Scientist Award shall include

such sum as shall be commensurate with the salary or remuneration

which the individual receiving the award would have been entitled

to receive from the institution with which the individual has, or

had, a permanent or immediately prior affiliation. Eligibility for

and terms of Visiting Scientist Awards shall be determined in

accordance with regulations the Secretary shall prescribe.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 488, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 872.)

-End-

-CITE-

42 USC Sec. 288b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part G - Awards and Training

-HEAD-

Sec. 288b. Studies respecting biomedical and behavioral research

personnel

-STATUTE-

(a) Scope of undertaking

The Secretary shall, in accordance with subsection (b) of this

section, arrange for the conduct of a continuing study to -

(1) establish (A) the Nation's overall need for biomedical and

behavioral research personnel, (B) the subject areas in which

such personnel are needed and the number of such personnel needed

in each such area, and (C) the kinds and extent of training which

should be provided such personnel;

(2) assess (A) current training programs available for the

training of biomedical and behavioral research personnel which

are conducted under this chapter, at or through national research

institutes under the National Institutes of Health, and (B) other

current training programs available for the training of such

personnel;

(3) identify the kinds of research positions available to and

held by individuals completing such programs;

(4) determine, to the extent feasible, whether the programs

referred to in clause (B) of paragraph (2) would be adequate to

meet the needs established under paragraph (1) if the programs

referred to in clause (A) of paragraph (2) were terminated; and

(5) determine what modifications in the programs referred to in

paragraph (2) are required to meet the needs established under

paragraph (1).

(b) Arrangement with National Academy of Sciences or other

nonprofit private groups or associations

(1) The Secretary shall request the National Academy of Sciences

to conduct the study required by subsection (a) of this section

under an arrangement under which the actual expenses incurred by

such Academy in conducting such study will be paid by the

Secretary. If the National Academy of Sciences is willing to do so,

the Secretary shall enter into such an arrangement with such

Academy for the conduct of such study.

(2) If the National Academy of Sciences is unwilling to conduct

such study under such an arrangement, then the Secretary shall

enter into a similar arrangement with other appropriate nonprofit

private groups or associations under which such groups or

associations will conduct such study and prepare and submit the

reports thereon as provided in subsection (c) of this section.(!1)

(3) The National Academy of Sciences or other group or

association conducting the study required by subsection (a) of this

section shall conduct such study in consultation with the Director

of NIH.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 489, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 872; amended Pub. L.

102-321, title I, Sec. 163(b)(5), July 10, 1992, 106 Stat. 376.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (c), referred to in subsec. (b)(2), was omitted from

the Code. See Codification note below.

-COD-

CODIFICATION

Subsec. (c) of this section, which required the Secretary to

submit a report on results of the study required under subsec. (a)

of this section to certain committees of Congress at least once

every four years, terminated, effective May 15, 2000, pursuant to

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, page 96 of

House Document No. 103-7.

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(2). Pub. L. 102-321 struck out "and institutes

under the Alcohol, Drug Abuse, and Mental Health Administration"

after "National Institutes of Health".

EFFECTIVE DATE OF 1992 AMENDMENT

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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Part H - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

PART H - GENERAL PROVISIONS

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43, title I, Sec. 141(a)(2), June 10, 1993,

107 Stat. 136, redesignated part G "General Provisions" as H.

Former part H "National Foundation for Biomedical Research"

redesignated I.

-End-

-CITE-

42 USC Sec. 289 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289. Institutional review boards; ethics guidance program

-STATUTE-

(a) The Secretary shall by regulation require that each entity

which applies for a grant, contract, or cooperative agreement under

this chapter for any project or program which involves the conduct

of biomedical or behavioral research involving human subjects

submit in or with its application for such grant, contract, or

cooperative agreement assurances satisfactory to the Secretary that

it has established (in accordance with regulations which the

Secretary shall prescribe) a board (to be known as an

"Institutional Review Board") to review biomedical and behavioral

research involving human subjects conducted at or supported by such

entity in order to protect the rights of the human subjects of such

research.

(b)(1) The Secretary shall establish a program within the

Department of Health and Human Services under which requests for

clarification and guidance with respect to ethical issues raised in

connection with biomedical or behavioral research involving human

subjects are responded to promptly and appropriately.

(2) The Secretary shall establish a process for the prompt and

appropriate response to information provided to the Director of NIH

respecting incidences of violations of the rights of human subjects

of research for which funds have been made available under this

chapter. The process shall include procedures for the receiving of

reports of such information from recipients of funds under this

chapter and taking appropriate action with respect to such

violations.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 491, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 873.)

-MISC1-

STUDY CONCERNING RESEARCH INVOLVING CHILDREN

Pub. L. 107-109, Sec. 12, Jan. 4, 2002, 115 Stat. 1416, provided

that:

"(a) Contract With Institute of Medicine. - The Secretary of

Health and Human Services shall enter into a contract with the

Institute of Medicine for -

"(1) the conduct, in accordance with subsection (b), of a

review of -

"(A) Federal regulations in effect on the date of the

enactment of this Act [Jan. 4, 2002] relating to research

involving children;

"(B) federally prepared or supported reports relating to

research involving children; and

"(C) federally supported evidence-based research involving

children; and

"(2) the submission to the Committee on Health, Education,

Labor, and Pensions of the Senate and the Committee on Energy and

Commerce of the House of Representatives, not later than two

years after the date of enactment of this Act, of a report

concerning the review conducted under paragraph (1) that includes

recommendations on best practices relating to research involving

children.

"(b) Areas of Review. - In conducting the review under subsection

(a)(1), the Institute of Medicine shall consider the following:

"(1) The written and oral process of obtaining and defining

'assent', 'permission' and 'informed consent' with respect to

child clinical research participants and the parents, guardians,

and the individuals who may serve as the legally authorized

representatives of such children (as defined in subpart A of part

46 of title 45, Code of Federal Regulations).

"(2) The expectations and comprehension of child research

participants and the parents, guardians, or legally authorized

representatives of such children, for the direct benefits and

risks of the child's research involvement, particularly in terms

of research versus therapeutic treatment.

"(3) The definition of 'minimal risk' with respect to a healthy

child or a child with an illness.

"(4) The appropriateness of the regulations applicable to

children of differing ages and maturity levels, including

regulations relating to legal status.

"(5) Whether payment (financial or otherwise) may be provided

to a child or his or her parent, guardian, or legally authorized

representative for the participation of the child in research,

and if so, the amount and type of payment that may be made.

"(6) Compliance with the regulations referred to in subsection

(a)(1)(A), the monitoring of such compliance (including the role

of institutional review boards), and the enforcement actions

taken for violations of such regulations.

"(7) The unique roles and responsibilities of institutional

review boards in reviewing research involving children, including

composition of membership on institutional review boards.

"(c) Requirements of Expertise. - The Institute of Medicine shall

conduct the review under subsection (a)(1) and make recommendations

under subsection (a)(2) in conjunction with experts in pediatric

medicine, pediatric research, and the ethical conduct of research

involving children."

REQUIREMENT FOR ADDITIONAL PROTECTIONS FOR CHILDREN INVOLVED IN

RESEARCH

Pub. L. 106-310, div. A, title XXVII, Sec. 2701, Oct. 17, 2000,

114 Stat. 1167, as amended by Pub. L. 106-505, title X, Sec.

1001(a), Nov. 13, 2000, 114 Stat. 2350, provided that:

"Notwithstanding any other provision of law, not later than 6

months after the date of the enactment of this Act [Oct. 17, 2000],

the Secretary of Health and Human Services shall require that all

research involving children that is conducted, supported, or

regulated by the Department of Health and Human Services be in

compliance with subpart D of part 46 of title 45, Code of Federal

Regulations."

[Pub. L. 106-505, title X, Sec. 1001(b), Nov. 13, 2000, 114 Stat.

2350, provided that: "The amendment made by subsection (a)

[amending section 2701 of Pub. L. 106-310, set out above] takes

effect on the date of the enactment of the Children's Health Act of

2000 [Oct. 17, 2000]."]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 280e, 283f, 287c, 289a-1

of this title.

-End-

-CITE-

42 USC Sec. 289a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289a. Peer review requirements

-STATUTE-

(a) Applications for biomedical and behavioral research grants,

cooperative agreements, and contracts; regulations

(1) The Secretary, acting through the Director of NIH, shall by

regulation require appropriate technical and scientific peer review

of -

(A) applications made for grants and cooperative agreements

under this chapter for biomedical and behavioral research; and

(B) applications made for biomedical and behavioral research

and development contracts to be administered through the National

Institutes of Health.

(2) Regulations promulgated under paragraph (1) shall require

that the review of applications made for grants, contracts, and

cooperative agreements required by the regulations be conducted -

(A) to the extent practical, in a manner consistent with the

system for technical and scientific peer review applicable on

November 20, 1985, to grants under this chapter for biomedical

and behavioral research, and

(B) to the extent practical, by technical and scientific peer

review groups performing such review on or before November 20,

1985,

and shall authorize such review to be conducted by groups appointed

under sections 282(b)(6) and 284(c)(3) of this title.

(b) Periodic review of research at National Institutes of Health

The Director of NIH shall establish procedures for periodic

technical and scientific peer review of research at the National

Institutes of Health. Such procedures shall require that -

(1) the reviewing entity be provided a written description of

the research to be reviewed, and

(2) the reviewing entity provide the advisory council of the

national research institute involved with such description and

the results of the review by the entity,

and shall authorize such review to be conducted by groups appointed

under sections 282(b)(6) and 284(c)(3) of this title.

(c) Compliance with requirements for inclusion of women and

minorities in clinical research

(1) In technical and scientific peer review under this section of

proposals for clinical research, the consideration of any such

proposal (including the initial consideration) shall, except as

provided in paragraph (2), include an evaluation of the technical

and scientific merit of the proposal regarding compliance with

section 289a-2 of this title.

(2) Paragraph (1) shall not apply to any proposal for clinical

research that, pursuant to subsection (b) of section 289a-2 of this

title, is not subject to the requirement of subsection (a) of such

section regarding the inclusion of women and members of minority

groups as subjects in clinical research.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 492, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 874; amended Pub. L.

103-43, title I, Sec. 132, June 10, 1993, 107 Stat. 135.)

-MISC1-

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-43 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 280e, 282, 283f, 284,

284a, 285g-9, 287a-2, 287c, 289a-1, 289c of this title.

-End-

-CITE-

42 USC Sec. 289a-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289a-1. Certain provisions regarding review and approval of

proposals for research

-STATUTE-

(a) Review as precondition to research

(1) Protection of human research subjects

(A) In the case of any application submitted to the Secretary

for financial assistance to conduct research, the Secretary may

not approve or fund any application that is subject to review

under section 289(a) of this title by an Institutional Review

Board unless the application has undergone review in accordance

with such section and has been recommended for approval by a

majority of the members of the Board conducting such review.

(B) In the case of research that is subject to review under

procedures established by the Secretary for the protection of

human subjects in clinical research conducted by the National

Institutes of Health, the Secretary may not authorize the conduct

of the research unless the research has, pursuant to such

procedures, been recommended for approval.

(2) Peer review

In the case of any proposal for the National Institutes of

Health to conduct or support research, the Secretary may not

approve or fund any proposal that is subject to technical and

scientific peer review under section 289a of this title unless

the proposal has undergone such review in accordance with such

section and has been recommended for approval by a majority of

the members of the entity conducting such review.

(b) Ethical review of research

(1) Procedures regarding withholding of funds

If research has been recommended for approval for purposes of

subsection (a) of this section, the Secretary may not withhold

funds for the research because of ethical considerations unless -

(A) the Secretary convenes an advisory board in accordance

with paragraph (5) to study such considerations; and

(B)(i) the majority of the advisory board recommends that,

because of such considerations, the Secretary withhold funds

for the research; or

(ii) the majority of such board recommends that the Secretary

not withhold funds for the research because of such

considerations, but the Secretary finds, on the basis of the

report submitted under paragraph (5)(B)(ii), that the

recommendation is arbitrary and capricious.

(2) Rules of construction

Paragraph (1) may not be construed as prohibiting the Secretary

from withholding funds for research on the basis of -

(A) the inadequacy of the qualifications of the entities that

would be involved with the conduct of the research (including

the entity that would directly receive the funds from the

Secretary), subject to the condition that, with respect to the

process of review through which the research was recommended

for approval for purposes of subsection (a) of this section,

all findings regarding such qualifications made in such process

are conclusive; or

(B) the priorities established by the Secretary for the

allocation of funds among projects of research that have been

so recommended.

(3) Applicability

The limitation established in paragraph (1) regarding the

authority to withhold funds because of ethical considerations

shall apply without regard to whether the withholding of funds on

such basis is characterized as a disapproval, a moratorium, a

prohibition, or other characterization.

(4) Preliminary matters regarding use of procedures

(A) If the Secretary makes a determination that an advisory

board should be convened for purposes of paragraph (1), the

Secretary shall, through a statement published in the Federal

Register, announce the intention of the Secretary to convene such

a board.

(B) A statement issued under subparagraph (A) shall include a

request that interested individuals submit to the Secretary

recommendations specifying the particular individuals who should

be appointed to the advisory board involved. The Secretary shall

consider such recommendations in making appointments to the

board.

(C) The Secretary may not make appointments to an advisory

board under paragraph (1) until the expiration of the 30-day

period beginning on the date on which the statement required in

subparagraph (A) is made with respect to the board.

(5) Ethics advisory boards

(A) Any advisory board convened for purposes of paragraph (1)

shall be known as an ethics advisory board (in this paragraph

referred to as an "ethics board").

(B)(i) An ethics board shall advise, consult with, and make

recommendations to the Secretary regarding the ethics of the

project of biomedical or behavioral research with respect to

which the board has been convened.

(ii) Not later than 180 days after the date on which the

statement required in paragraph (4)(A) is made with respect to an

ethics board, the board shall submit to the Secretary, and to the

Committee on Energy and Commerce of the House of Representatives

and the Committee on Labor and Human Resources of the Senate, a

report describing the findings of the board regarding the project

of research involved and making a recommendation under clause (i)

of whether the Secretary should or should not withhold funds for

the project. The report shall include the information considered

in making the findings.

(C) An ethics board shall be composed of no fewer than 14, and

no more than 20, individuals who are not officers or employees of

the United States. The Secretary shall make appointments to the

board from among individuals with special qualifications and

competence to provide advice and recommendations regarding

ethical matters in biomedical and behavioral research. Of the

members of the board -

(i) no fewer than 1 shall be an attorney;

(ii) no fewer than 1 shall be an ethicist;

(iii) no fewer than 1 shall be a practicing physician;

(iv) no fewer than 1 shall be a theologian; and

(v) no fewer than one-third, and no more than one-half, shall

be scientists with substantial accomplishments in biomedical or

behavioral research.

(D) The term of service as a member of an ethics board shall be

for the life of the board. If such a member does not serve the

full term of such service, the individual appointed to fill the

resulting vacancy shall be appointed for the remainder of the

term of the predecessor of the individual.

(E) A member of an ethics board shall be subject to removal

from the board by the Secretary for neglect of duty or

malfeasance or for other good cause shown.

(F) The Secretary shall designate an individual from among the

members of an ethics board to serve as the chair of the board.

(G) In carrying out subparagraph (B)(i) with respect to a

project of research, an ethics board shall conduct inquiries and

hold public hearings.

(H) In carrying out subparagraph (B)(i) with respect to a

project of research, an ethics board shall have access to all

relevant information possessed by the Department of Health and

Human Services, or available to the Secretary from other

agencies.

(I) Members of an ethics board shall receive compensation for

each day engaged in carrying out the duties of the board,

including time engaged in traveling for purposes of such duties.

Such compensation may not be provided in an amount in excess of

the maximum rate of basic pay payable for GS-18 of the General

Schedule.

(J) The Secretary, acting through the Director of the National

Institutes of Health, shall provide to each ethics board

reasonable staff and assistance to carry out the duties of the

board.

(K) An ethics board shall terminate 30 days after the date on

which the report required in subparagraph (B)(ii) is submitted to

the Secretary and the congressional committees specified in such

subparagraph.

(6) "Ethical considerations" defined

For purposes of this subsection, the term "ethical

considerations" means considerations as to whether the nature of

the research involved is such that it is unethical to conduct or

support the research.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 492A, as added Pub. L.

103-43, title I, Sec. 101, June 10, 1993, 107 Stat. 126.)

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC1-

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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 283f of this title.

-End-

-CITE-

42 USC Sec. 289a-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289a-2. Inclusion of women and minorities in clinical research

-STATUTE-

(a) Requirement of inclusion

(1) In general

In conducting or supporting clinical research for purposes of

this subchapter, the Director of NIH shall, subject to subsection

(b) of this section, ensure that -

(A) women are included as subjects in each project of such

research; and

(B) members of minority groups are included as subjects in

such research.

(2) Outreach regarding participation as subjects

The Director of NIH, in consultation with the Director of the

Office of Research on Women's Health and the Director of the

Office of Research on Minority Health, shall conduct or support

outreach programs for the recruitment of women and members of

minority groups as subjects in projects of clinical research.

(b) Inapplicability of requirement

The requirement established in subsection (a) of this section

regarding women and members of minority groups shall not apply to a

project of clinical research if the inclusion, as subjects in the

project, of women and members of minority groups, respectively -

(1) is inappropriate with respect to the health of the

subjects;

(2) is inappropriate with respect to the purpose of the

research; or

(3) is inappropriate under such other circumstances as the

Director of NIH may designate.

(c) Design of clinical trials

In the case of any clinical trial in which women or members of

minority groups will under subsection (a) of this section be

included as subjects, the Director of NIH shall ensure that the

trial is designed and carried out in a manner sufficient to provide

for a valid analysis of whether the variables being studied in the

trial affect women or members of minority groups, as the case may

be, differently than other subjects in the trial.

(d) Guidelines

(1) In general

Subject to paragraph (2), the Director of NIH, in consultation

with the Director of the Office of Research on Women's Health and

the Director of the Office of Research on Minority Health, shall

establish guidelines regarding the requirements of this section.

The guidelines shall include guidelines regarding -

(A) the circumstances under which the inclusion of women and

minorities as subjects in projects of clinical research is

inappropriate for purposes of subsection (b) of this section;

(B) the manner in which clinical trials are required to be

designed and carried out for purposes of subsection (c) of this

section; and

(C) the operation of outreach programs under subsection (a)

of this section.

(2) Certain provisions

With respect to the circumstances under which the inclusion of

women or members of minority groups (as the case may be) as

subjects in a project of clinical research is inappropriate for

purposes of subsection (b) of this section, the following applies

to guidelines under paragraph (1):

(A)(i) In the case of a clinical trial, the guidelines shall

provide that the costs of such inclusion in the trial is not a

permissible consideration in determining whether such inclusion

is inappropriate.

(ii) In the case of other projects of clinical research, the

guidelines shall provide that the costs of such inclusion in

the project is not a permissible consideration in determining

whether such inclusion is inappropriate unless the data

regarding women or members of minority groups, respectively,

that would be obtained in such project (in the event that such

inclusion were required) have been or are being obtained

through other means that provide data of comparable quality.

(B) In the case of a clinical trial, the guidelines may

provide that such inclusion in the trial is not required if

there is substantial scientific data demonstrating that there

is no significant difference between -

(i) the effects that the variables to be studied in the

trial have on women or members of minority groups,

respectively; and

(ii) the effects that the variables have on the individuals

who would serve as subjects in the trial in the event that

such inclusion were not required.

(e) Date certain for guidelines; applicability

(1) Date certain

The guidelines required in subsection (d) of this section shall

be established and published in the Federal Register not later

than 180 days after June 10, 1993.

(2) Applicability

For fiscal year 1995 and subsequent fiscal years, the Director

of NIH may not approve any proposal of clinical research to be

conducted or supported by any agency of the National Institutes

of Health unless the proposal specifies the manner in which the

research will comply with this section.

(f) Reports by advisory councils

The advisory council of each national research institute shall

prepare biennial reports describing the manner in which the

institute has complied with this section. Each such report shall be

submitted to the Director of the institute involved for inclusion

in the biennial report under section 283 of this title.

(g) Definitions

For purposes of this section:

(1) The term "project of clinical research" includes a clinical

trial.

(2) The term "minority group" includes subpopulations of

minority groups. The Director of NIH shall, through the

guidelines established under subsection (d) of this section,

define the terms "minority group" and "subpopulation" for

purposes of the preceding sentence.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 492B, as added Pub. L.

103-43, title I, Sec. 131, June 10, 1993, 107 Stat. 133.)

-MISC1-

INAPPLICABILITY TO CURRENT PROJECTS

Section 133 of Pub. L. 103-43 provided that: "Section 492B of the

Public Health Service Act, as added by section 131 of this Act

[this section], shall not apply with respect to projects of

clinical research for which initial funding was provided prior to

the date of the enactment of this Act [June 10, 1993]. With respect

to the inclusion of women and minorities as subjects in clinical

research conducted or supported by the National Institutes of

Health, any policies of the Secretary of Health and Human Services

regarding such inclusion that are in effect on the day before the

date of the enactment of this Act shall continue to apply to the

projects referred to in the preceding sentence."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287c-31, 287d, 289a of

this title; title 38 sections 317, 318.

-End-

-CITE-

42 USC Sec. 289b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289b. Office of Research Integrity

-STATUTE-

(a) In general

(1) Establishment of Office

Not later than 90 days after June 10, 1993, the Secretary shall

establish an office to be known as the Office of Research

Integrity (referred to in this section as the "Office"), which

shall be established as an independent entity in the Department

of Health and Human Services.

(2) Appointment of Director

The Office shall be headed by a Director, who shall be

appointed by the Secretary, be experienced and specially trained

in the conduct of research, and have experience in the conduct of

investigations of research misconduct. The Secretary shall carry

out this section acting through the Director of the Office. The

Director shall report to the Secretary.

(3) Definitions

(A) The Secretary shall by regulation establish a definition

for the term "research misconduct" for purposes of this section.

(B) For purposes of this section, the term "financial

assistance" means a grant, contract, or cooperative agreement.

(b) Existence of administrative processes as condition of funding

for research

The Secretary shall by regulation require that each entity that

applies for financial assistance under this chapter for any project

or program that involves the conduct of biomedical or behavioral

research submit in or with its application for such assistance -

(1) assurances satisfactory to the Secretary that such entity

has established and has in effect (in accordance with regulations

which the Secretary shall prescribe) an administrative process to

review reports of research misconduct in connection with

biomedical and behavioral research conducted at or sponsored by

such entity;

(2) an agreement that the entity will report to the Director

any investigation of alleged research misconduct in connection

with projects for which funds have been made available under this

chapter that appears substantial; and

(3) an agreement that the entity will comply with regulations

issued under this section.

(c) Process for response of Director

The Secretary shall by regulation establish a process to be

followed by the Director for the prompt and appropriate -

(1) response to information provided to the Director respecting

research misconduct in connection with projects for which funds

have been made available under this chapter;

(2) receipt of reports by the Director of such information from

recipients of funds under this chapter;

(3) conduct of investigations, when appropriate; and

(4) taking of other actions, including appropriate remedies,

with respect to such misconduct.

(d) Monitoring by Director

The Secretary shall by regulation establish procedures for the

Director to monitor administrative processes and investigations

that have been established or carried out under this section.

(e) Protection of whistleblowers

(1) In general

In the case of any entity required to establish administrative

processes under subsection (b) of this section, the Secretary

shall by regulation establish standards for preventing, and for

responding to the occurrence of retaliation by such entity, its

officials or agents, against an employee in the terms and

conditions of employment in response to the employee having in

good faith -

(A) made an allegation that the entity, its officials or

agents, has engaged in or failed to adequately respond to an

allegation of research misconduct; or

(B) cooperated with an investigation of such an allegation.

(2) Monitoring by Secretary

The Secretary shall by regulation establish procedures for the

Director to monitor the implementation of the standards

established by an entity under paragraph (1) for the purpose of

determining whether the procedures have been established, and are

being utilized, in accordance with the standards established

under such paragraph.

(3) Noncompliance

The Secretary shall by regulation establish remedies for

noncompliance by an entity, its officials or agents, which has

engaged in retaliation in violation of the standards established

under paragraph (1). Such remedies may include termination of

funding provided by the Secretary for such project or recovery of

funding being provided by the Secretary for such project, or

other actions as appropriate.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 493, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 874; amended Pub. L.

103-43, title I, Secs. 161, 163, June 10, 1993, 107 Stat. 140,

142.)

-COD-

CODIFICATION

June 10, 1993, referred to in subsec. (a)(1), was in the original

"the date of enactment of this section" which was translated as

meaning the date of enactment of Pub. L. 103-43, which amended this

section generally, to reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43, Sec. 161, amended section generally. Prior

to amendment, section read as follows:

"(a) The Secretary shall by regulation require that each entity

which applies for a grant, contract, or cooperative agreement under

this chapter for any project or program which involves the conduct

of biomedical or behavioral research submit in or with its

application for such grant, contract, or cooperative agreement

assurances satisfactory to the Secretary that such entity -

"(1) has established (in accordance with regulations which the

Secretary shall prescribe) an administrative process to review

reports of scientific fraud in connection with biomedical and

behavioral research conducted at or sponsored by such entity; and

"(2) will report to the Secretary any investigation of alleged

scientific fraud which appears substantial.

"(b) The Director of NIH shall establish a process for the prompt

and appropriate response to information provided the Director of

NIH respecting scientific fraud in connection with projects for

which funds have been made available under this chapter. The

process shall include procedures for the receiving of reports of

such information from recipients of funds under this chapter and

taking appropriate action with respect to such fraud."

Subsec. (e). Pub. L. 103-43, Sec. 163, added subsec. (e).

REGULATIONS

Section 165 of Pub. L. 103-43 provided that:

"(a) Issuance of Final Rules. -

"(1) In general. - Not later than 180 days after the date of

the enactment of this Act [June 10, 1993], the Secretary shall,

subject to paragraph (2), issue the final rule for each

regulation required in section 493 or 493A of the Public Health

Service Act [this section and section 289b-1 of this title].

"(2) Definition of research misconduct. - Not later than 90

days after the date on which the report required in section

162(e) [107 Stat. 142] is submitted to the Secretary, the

Secretary shall issue the final rule for the regulations required

in section 493 of the Public Health Service Act with respect to

the definition of the term 'research misconduct'.

"(b) Applicability to Ongoing Investigations. - The final rule

issued pursuant to subsection (a) for investigations under section

493 of the Public Health Service Act [this section] does not apply

to investigations commenced before the date of the enactment of

this Act [June 10, 1993] under authority of such section as in

effect before such date.

"(c) Definitions. - For purposes of this section:

"(1) The term 'section 493 of the Public Health Service Act'

means such section as amended by sections 161 and 163 of this Act

[this section], except as indicated otherwise in subsection (b).

"(2) The term 'section 493A of the Public Health Service Act'

means such section as added by section 164 of this Act [section

289b-1 of this title].

"(3) The term 'Secretary' means the Secretary of Health and

Human Services."

-End-

-CITE-

42 USC Sec. 289b-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289b-1. Protection against financial conflicts of interest in

certain projects of research

-STATUTE-

(a) Issuance of regulations

The Secretary shall by regulation define the specific

circumstances that constitute the existence of a financial interest

in a project on the part of an entity or individual that will, or

may be reasonably expected to, create a bias in favor of obtaining

results in such project that are consistent with such financial

interest. Such definition shall apply uniformly to each entity or

individual conducting a research project under this chapter. In the

case of any entity or individual receiving assistance from the

Secretary for a project of research described in subsection (b) of

this section, the Secretary shall by regulation establish standards

for responding to, including managing, reducing, or eliminating,

the existence of such a financial interest. The entity may adopt

individualized procedures for implementing the standards.

(b) Relevant projects

A project of research referred to in subsection (a) of this

section is a project of clinical research whose purpose is to

evaluate the safety or effectiveness of a drug, medical device, or

treatment and for which such entity is receiving assistance from

the Secretary.

(c) Identifying and reporting to Secretary

The Secretary shall by regulation require that each entity

described in subsection (a) of this section that applies for

assistance under this chapter for any project described in

subsection (b) of this section submit in or with its application

for such assistance -

(1) assurances satisfactory to the Secretary that such entity

has established and has in effect an administrative process under

subsection (a) of this section to identify financial interests

(as defined under subsection (a) of this section) that exist

regarding the project; and

(2) an agreement that the entity will report to the Secretary

such interests identified by the entity and how any such

interests identified by the entity will be managed or eliminated

in order that the project in question will be protected from bias

that may stem from such interests; and

(3) an agreement that the entity will comply with regulations

issued under this section.

(d) Monitoring of process

The Secretary shall monitor the establishment and conduct of the

administrative process established by an entity pursuant to

subsection (a) of this section.

(e) Response

In any case in which the Secretary determines that an entity has

failed to comply with subsection (c) of this section regarding a

project of research described in subsection (b) of this section,

the Secretary -

(1) shall require that, as a condition of receiving assistance,

the entity disclose the existence of a financial interest (as

defined under subsection (a) of this section) in each public

presentation of the results of such project; and

(2) may take such other actions as the Secretary determines to

be appropriate.

(f) Definitions

For purposes of this section:

(1) The term "financial interest" includes the receipt of

consulting fees or honoraria and the ownership of stock or

equity.

(2) The term "assistance", with respect to conducting a project

of research, means a grant, contract, or cooperative agreement.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 493A, as added Pub. L.

103-43, title I, Sec. 164, June 10, 1993, 107 Stat. 142.)

-MISC1-

REGULATIONS

Final rule for regulations required in this section to be issued

not later than 180 days after June 10, 1993, see section 165 of

Pub. L. 103-43, set out as a note under section 289b of this title.

-End-

-CITE-

42 USC Sec. 289c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289c. Research on public health emergencies; report to

Congressional committees

-STATUTE-

(a) If the Secretary determines, after consultation with the

Director of NIH, the Commissioner of the Food and Drug

Administration, or the Director of the Centers for Disease Control

and Prevention, that a disease or disorder constitutes a public

health emergency, the Secretary, acting through the Director of NIH

-

(1) shall expedite the review by advisory councils under

section 284a of this title and by peer review groups under

section 289a of this title of applications for grants for

research on such disease or disorder or proposals for contracts

for such research;

(2) shall exercise the authority in section 5 of title 41

respecting public exigencies to waive the advertising

requirements of such section in the case of proposals for

contracts for such research;

(3) may provide administrative supplemental increases in

existing grants and contracts to support new research relevant to

such disease or disorder; and

(4) shall disseminate, to health professionals and the public,

information on the cause, prevention, and treatment of such

disease or disorder that has been developed in research assisted

under this section.

The amount of an increase in a grant or contract provided under

paragraph (3) may not exceed one-half the original amount of the

grant or contract.

(b) Not later than 90 days after the end of a fiscal year, the

Secretary shall report to the Committee on Energy and Commerce of

the House of Representatives and the Committee on Labor and Human

Resources of the Senate on actions taken under subsection (a) of

this section in such fiscal year.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 494, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 875; amended Pub. L.

102-531, title III, Sec. 312(d)(9), Oct. 27, 1992, 106 Stat. 3504.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-531 substituted "Centers for

Disease Control and Prevention" for "Centers for Disease Control".

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (b) of this section is listed

on page 96), see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

-End-

-CITE-

42 USC Sec. 289c-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289c-1. Collaborative use of certain health services research

funds

-STATUTE-

The Secretary shall ensure that amounts made available under

subparts 14, 15 and 16 of part C for health services research

relating to alcohol abuse and alcoholism, drug abuse and mental

health be used collaboratively, as appropriate, and in consultation

with the Agency for Healthcare Research and Quality.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 494A, as added Pub. L.

102-321, title I, Sec. 125, July 10, 1992, 106 Stat. 366; amended

Pub. L. 103-43, title XX, Sec. 2016(c), June 10, 1993, 107 Stat.

218; Pub. L. 104-66, title I, Sec. 1062(b), Dec. 21, 1995, 109

Stat. 720; Pub. L. 105-362, title VI, Sec. 601(a)(1)(F), Nov. 10,

1998, 112 Stat. 3285; Pub. L. 106-129, Sec. 2(b)(2), Dec. 6, 1999,

113 Stat. 1670.)

-REFTEXT-

REFERENCES IN TEXT

Subparts 14, 15 and 16 of part C, referred to in text, are

classified to sections 285n et seq., 285o et seq., and 285p et

seq., respectively, of this title.

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-129, which directed the substitution of

"Agency for Healthcare Research and Quality" for "Agency for Health

Care Policy and Research", was executed by making the substitution

for "Agency for Health Care Policy Research", to reflect the

probable intent of Congress.

1998 - Pub. L. 105-362 struck out heading and designation of

subsec. (a) and heading and text of subsec. (b). Text of subsec.

(b) read as follows: "Not later than December 30, 1993, and each

December 30 thereafter, the Secretary shall prepare and submit to

the Committee on Energy and Commerce of the House of

Representatives and the Committee on Labor and Human Resources of

the Senate, a report concerning the activities carried out with the

amounts referred to in subsection (a) of this section."

1995 - Subsec. (b). Pub. L. 104-66 substituted "December 30,

1993, and each December 30 thereafter" for "September 30, 1993, and

annually thereafter".

1993 - Subsec. (b). Pub. L. 103-43 substituted "September 30,

1993" for "May 3, 1993".

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC Sec. 289d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289d. Animals in research

-STATUTE-

(a) Establishment of guidelines

The Secretary, acting through the Director of NIH, shall

establish guidelines for the following:

(1) The proper care of animals to be used in biomedical and

behavioral research.

(2) The proper treatment of animals while being used in such

research. Guidelines under this paragraph shall require -

(A) the appropriate use of tranquilizers, analgesics,

anesthetics, paralytics, and euthanasia for animals in such

research; and

(B) appropriate pre-surgical and post-surgical veterinary

medical and nursing care for animals in such research.

Such guidelines shall not be construed to prescribe methods of

research.

(3) The organization and operation of animal care committees in

accordance with subsection (b) of this section.

(b) Animal care committees; establishment; membership; functions

(1) Guidelines of the Secretary under subsection (a)(3) of this

section shall require animal care committees at each entity which

conducts biomedical and behavioral research with funds provided

under this chapter (including the National Institutes of Health and

the national research institutes) to assure compliance with the

guidelines established under subsection (a) of this section.

(2) Each animal care committee shall be appointed by the chief

executive officer of the entity for which the committee is

established, shall be composed of not fewer than three members, and

shall include at least one individual who has no association with

such entity and at least one doctor of veterinary medicine.

(3) Each animal care committee of a research entity shall -

(A) review the care and treatment of animals in all animal

study areas and facilities of the research entity at least

semi-annually to evaluate compliance with applicable guidelines

established under subsection (a) of this section for appropriate

animal care and treatment;

(B) keep appropriate records of reviews conducted under

subparagraph (A); and

(C) for each review conducted under subparagraph (A), file with

the Director of NIH at least annually (i) a certification that

the review has been conducted, and (ii) reports of any violations

of guidelines established under subsection (a) of this section or

assurances required under paragraph (1) which were observed in

such review and which have continued after notice by the

committee to the research entity involved of the violations.

Reports filed under subparagraph (C) shall include any minority

views filed by members of the committee.

(c) Assurances required in application or contract proposal;

reasons for use of animals; notice and comment requirements for

promulgation of regulations

The Director of NIH shall require each applicant for a grant,

contract, or cooperative agreement involving research on animals

which is administered by the National Institutes of Health or any

national research institute to include in its application or

contract proposal, submitted after the expiration of the

twelve-month period beginning on November 20, 1985 -

(1) assurances satisfactory to the Director of NIH that -

(A) the applicant meets the requirements of the guidelines

established under paragraphs (1) and (2) of subsection (a) of

this section and has an animal care committee which meets the

requirements of subsection (b) of this section; and

(B) scientists, animal technicians, and other personnel

involved with animal care, treatment, and use by the applicant

have available to them instruction or training in the humane

practice of animal maintenance and experimentation, and the

concept, availability, and use of research or testing methods

that limit the use of animals or limit animal distress; and

(2) a statement of the reasons for the use of animals in the

research to be conducted with funds provided under such grant or

contract.

Notwithstanding subsection (a)(2) of section 553 of title 5,

regulations under this subsection shall be promulgated in

accordance with the notice and comment requirements of such

section.

(d) Failure to meet guidelines; suspension or revocation of grant

or contract

If the Director of NIH determines that -

(1) the conditions of animal care, treatment, or use in an

entity which is receiving a grant, contract, or cooperative

agreement involving research on animals under this subchapter do

not meet applicable guidelines established under subsection (a)

of this section;

(2) the entity has been notified by the Director of NIH of such

determination and has been given a reasonable opportunity to take

corrective action; and

(3) no action has been taken by the entity to correct such

conditions;

the Director of NIH shall suspend or revoke such grant or contract

under such conditions as the Director determines appropriate.

(e) Disclosure of trade secrets or privileged or confidential

information

No guideline or regulation promulgated under subsection (a) or

(c) of this section may require a research entity to disclose

publicly trade secrets or commercial or financial information which

is privileged or confidential.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 495, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 875.)

-MISC1-

PROHIBITION ON FUNDING OF PROJECTS INVOLVING USE OF CHIMPANZEES

OBTAINED FROM THE WILD

Pub. L. 102-394, title II, Sec. 213, Oct. 6, 1992, 106 Stat.

1812, provided that: "No funds appropriated under this Act or

subsequent Departments of Labor, Health and Human Services, and

Education, and Related Agencies Appropriations Acts shall be used

by the National Institutes of Health, or any other Federal agency,

or recipient of Federal funds on any project that entails the

capture or procurement of chimpanzees obtained from the wild. For

purposes of this section, the term 'recipient of Federal funds'

includes private citizens, corporations, or other research

institutions located outside of the United States that are

recipients of Federal funds."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-170, title II, Sec. 213, Nov. 26, 1991, 105 Stat.

1127.

Pub. L. 101-517, title II, Sec. 211, Nov. 5, 1990, 104 Stat.

2209.

Pub. L. 101-166, title II, Sec. 214, Nov. 21, 1989, 103 Stat.

1178.

PLAN FOR RESEARCH INVOLVING ANIMALS

Section 4 of Pub. L. 99-158 directed Director of National

Institutes of Health to establish, not later than Oct. 1, 1986, a

plan for research into methods of biomedical research and

experimentation which reduces the use of animals in research or

which produce less pain and distress in animals to develop methods

found to be valid and reliable, to train scientists in use of such

methods, to disseminate information on such methods and to

establish an Interagency Coordinating Committee to assist in

development of the plan, prior to repeal by Pub. L. 103-43, title

II, Sec. 205(b), June 10, 1993, 107 Stat. 148. See section 283e of

this title.

-End-

-CITE-

42 USC Sec. 289e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289e. Use of appropriations

-STATUTE-

(a) Appropriations to carry out the purposes of this subchapter,

unless otherwise expressly provided, may be expended in the

District of Columbia for -

(1) personal services;

(2) stenographic recording and translating services;

(3) travel expenses (including the expenses of attendance at

meetings when specifically authorized by the Secretary);

(4) rental;

(5) supplies and equipment;

(6) purchase and exchange of medical books, books of reference,

directories, periodicals, newspapers, and press clippings;

(7) purchase, operation, and maintenance of passenger motor

vehicles;

(8) printing and binding (in addition to that otherwise

provided by law); and

(9) all other necessary expenses in carrying out this

subchapter.

Such appropriations may be expended by contract if deemed

necessary, without regard to section 5 of title 41.

(b)(1) None of the amounts appropriated under this chapter for

the purposes of this subchapter may be obligated for the

construction of facilities (including the acquisition of land)

unless a provision of this subchapter establishes express authority

for such purpose and unless the Act making appropriations under

such provision specifies that the amounts appropriated are

available for such purpose.

(2) Any grants, cooperative agreements, or contracts authorized

in this subchapter for the construction of facilities may be

awarded only on a competitive basis.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 496, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 877; amended Pub. L.

101-190, Sec. 8, Nov. 29, 1989, 103 Stat. 1695; Pub. L. 103-43,

title XX, Sec. 2008(b)(15), June 10, 1993, 107 Stat. 211.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-43 substituted "Appropriations to

carry out the purposes of this subchapter" for "Such

appropriations".

1989 - Subsec. (a). Pub. L. 101-190 designated existing

provisions as subsec. (a), struck out first sentence which read as

follows: "Appropriations to carry out the purposes of this

subchapter shall be available for the acquisition of land or the

erection of buildings only if so specified.", and added subsec.

(b).

CONSTRUCTION OF BIOMEDICAL FACILITIES FOR DEVELOPMENT AND BREEDING

OF SPECIALIZED STRAINS OF MICE

Sections 1 to 7 of Pub. L. 101-190, as amended by Pub. L.

101-374, Sec. 4(a), (c)(1), Aug. 15, 1990, 104 Stat. 458, 459,

authorized a reservation of funds for making a grant to construct

facilities for development and breeding of specialized strains of

mice for use in biomedical research, provided for a competitive

grant award process, required applicant for the grant to agree to a

twenty-year transferable obligation, restricted grant applicant to

public or nonprofit private status, with assurances of sufficient

financial resources, set forth other grant requirements, and

specified consequences of failure to comply with agreements and

violation of the twenty-year obligation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 285a-3, 285b-4, 285o-4 of

this title.

-End-

-CITE-

42 USC Sec. 289f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289f. Gifts and donations; memorials

-STATUTE-

The Secretary may, in accordance with section 238 of this title,

accept conditional gifts for the National Institutes of Health or a

national research institute or for the acquisition of grounds or

for the erection, equipment, or maintenance of facilities for the

National Institutes of Health or a national research institute.

Donations of $50,000 or over for the National Institutes of Health

or a national research institute for carrying out the purposes of

this subchapter may be acknowledged by the establishment within the

National Institutes of Health or a national research institute of

suitable memorials to the donors.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 497, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 877; amended Pub. L.

99-660, title III, Sec. 311(b)(1), Nov. 14, 1986, 100 Stat. 3779;

Pub. L. 100-607, title II, Sec. 204(3), Nov. 4, 1988, 102 Stat.

3079; Pub. L. 100-690, title II, Sec. 2620(b)(2), Nov. 18, 1988,

102 Stat. 4244; Pub. L. 101-381, title I, Sec. 102(5), Aug. 18,

1990, 104 Stat. 586; Pub. L. 103-43, title XX, Sec. 2010(b)(6),

June 10, 1993, 107 Stat. 214.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43 substituted "section 238" for "section

300aaa".

1990 - 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 - Pub. L. 100-690 made technical amendment to reference to

section 300aaa of this title to reflect renumbering of

corresponding section of original act.

Pub. L. 100-607 substituted "300aaa" for "300cc".

1986 - Pub. L. 99-660 substituted "section 300cc of this title"

for "section 300aa of this title".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-660 effective Dec. 22, 1987, see section

323 of Pub. L. 99-660, as amended, set out as an Effective Date

note under section 300aa-1 of this title.

-End-

-CITE-

42 USC Sec. 289g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289g. Fetal research

-STATUTE-

(a) Conduct or support by Secretary; restrictions

The Secretary may not conduct or support any research or

experimentation, in the United States or in any other country, on a

nonviable living human fetus ex utero or a living human fetus ex

utero for whom viability has not been ascertained unless the

research or experimentation -

(1) may enhance the well-being or meet the health needs of the

fetus or enhance the probability of its survival to viability; or

(2) will pose no added risk of suffering, injury, or death to

the fetus and the purpose of the research or experimentation is

the development of important biomedical knowledge which cannot be

obtained by other means.

(b) Risk standard for fetuses intended to be aborted and fetuses

intended to be carried to term to be same

In administering the regulations for the protection of human

research subjects which -

(1) apply to research conducted or supported by the Secretary;

(2) involve living human fetuses in utero; and

(3) are published in section 46.208 of part 46 of title 45 of

the Code of Federal Regulations;

or any successor to such regulations, the Secretary shall require

that the risk standard (published in section 46.102(g) of such part

46 or any successor to such regulations) be the same for fetuses

which are intended to be aborted and fetuses which are intended to

be carried to term.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 498, as added Pub. L.

99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 877; amended Pub. L.

100-607, title I, Secs. 156, 157(b), Nov. 4, 1988, 102 Stat. 3059;

Pub. L. 103-43, title I, Sec. 121(b)(1), June 10, 1993, 107 Stat.

133.)

-MISC1-

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-43 struck out subsec. (c) which

directed Biomedical Ethics Advisory Committee to conduct a study of

the nature, advisability, and biomedical and ethical implications

of exercising any waiver of the risk standard published in section

46.102(g) of part 46 of title 45 of the Code of Federal Regulations

and to report its finding to the Biomedical Ethics Board not later

than 24 months after Nov. 4, 1988, which report was to be then

transmitted to specified Congressional committees.

1988 - Subsec. (c)(1). Pub. L. 100-607, Sec. 157(b), substituted

"24 months after November 4, 1988" for "thirty months after

November 20, 1985".

Subsec. (c)(2). Pub. L. 100-607, Sec. 156(1), substituted

"24-month period beginning on November 4, 1988" for "thirty-six

month period beginning on November 20, 1985".

Subsec. (c)(3). Pub. L. 100-607, Sec. 156(2), substituted "1990"

for "1988".

NULLIFICATION OF CERTAIN PROVISIONS

Section 121(c) of Pub. L. 103-43 provided that: "The provisions

of Executive Order 12806 (57 Fed. Reg. 21589 (May 21, 1992))

[formerly set out below] shall not have any legal effect. The

provisions of section 204(d) of part 46 of title 45 of the Code of

Federal Regulations (45 CFR 46.204(d)) shall not have any legal

effect."

-EXEC-

EXECUTIVE ORDER NO. 12806. ESTABLISHMENT OF FETAL TISSUE BANK

Ex. Ord. No. 12806, May 19, 1992, 57 F.R. 21589, which

established a human fetal tissue bank, was nullified by Pub. L.

103-43, title I, Sec. 121(c), June 10, 1993, 107 Stat. 133, set out

above.

FEDERAL FUNDING OF FETAL TISSUE TRANSPLANTATION RESEARCH

Memorandum of President of the United States, Jan. 22, 1993, 58

F.R. 7457, provided:

Memorandum for the Secretary of Health and Human Services

On March 22, 1988, the Assistant Secretary for Health of Health

and Human Services ("HHS") imposed a temporary moratorium on

Federal funding of research involving transplantation of fetal

tissue from induced abortions. Contrary to the recommendations of a

National Institutes of Health advisory panel, on November 2, 1989,

the Secretary of Health and Human Services extended the moratorium

indefinitely. This moratorium has significantly hampered the

development of possible treatments for individuals afflicted with

serious diseases and disorders, such as Parkinson's disease,

Alzheimer's disease, diabetes, and leukemia. Accordingly, I hereby

direct that you immediately lift the moratorium.

You are hereby authorized and directed to publish this memorandum

in the Federal Register.

William J. Clinton.

-End-

-CITE-

42 USC Sec. 289g-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289g-1. Research on transplantation of fetal tissue

-STATUTE-

(a) Establishment of program

(1) In general

The Secretary may conduct or support research on the

transplantation of human fetal tissue for therapeutic purposes.

(2) Source of tissue

Human fetal tissue may be used in research carried out under

paragraph (1) regardless of whether the tissue is obtained

pursuant to a spontaneous or induced abortion or pursuant to a

stillbirth.

(b) Informed consent of donor

(1) In general

In research carried out under subsection (a) of this section,

human fetal tissue may be used only if the woman providing the

tissue makes a statement, made in writing and signed by the

woman, declaring that -

(A) the woman donates the fetal tissue for use in research

described in subsection (a) of this section;

(B) the donation is made without any restriction regarding

the identity of individuals who may be the recipients of

transplantations of the tissue; and

(C) the woman has not been informed of the identity of any

such individuals.

(2) Additional statement

In research carried out under subsection (a) of this section,

human fetal tissue may be used only if the attending physician

with respect to obtaining the tissue from the woman involved

makes a statement, made in writing and signed by the physician,

declaring that -

(A) in the case of tissue obtained pursuant to an induced

abortion -

(i) the consent of the woman for the abortion was obtained

prior to requesting or obtaining consent for a donation of

the tissue for use in such research;

(ii) no alteration of the timing, method, or procedures

used to terminate the pregnancy was made solely for the

purposes of obtaining the tissue; and

(iii) the abortion was performed in accordance with

applicable State law;

(B) the tissue has been donated by the woman in accordance

with paragraph (1); and

(C) full disclosure has been provided to the woman with

regard to -

(i) such physician's interest, if any, in the research to

be conducted with the tissue; and

(ii) any known medical risks to the woman or risks to her

privacy that might be associated with the donation of the

tissue and that are in addition to risks of such type that

are associated with the woman's medical care.

(c) Informed consent of researcher and donee

In research carried out under subsection (a) of this section,

human fetal tissue may be used only if the individual with the

principal responsibility for conducting the research involved makes

a statement, made in writing and signed by the individual,

declaring that the individual -

(1) is aware that -

(A) the tissue is human fetal tissue;

(B) the tissue may have been obtained pursuant to a

spontaneous or induced abortion or pursuant to a stillbirth;

and

(C) the tissue was donated for research purposes;

(2) has provided such information to other individuals with

responsibilities regarding the research;

(3) will require, prior to obtaining the consent of an

individual to be a recipient of a transplantation of the tissue,

written acknowledgment of receipt of such information by such

recipient; and

(4) has had no part in any decisions as to the timing, method,

or procedures used to terminate the pregnancy made solely for the

purposes of the research.

(d) Availability of statements for audit

(1) In general

In research carried out under subsection (a) of this section,

human fetal tissue may be used only if the head of the agency or

other entity conducting the research involved certifies to the

Secretary that the statements required under subsections (b)(2)

and (c) of this section will be available for audit by the

Secretary.

(2) Confidentiality of audit

Any audit conducted by the Secretary pursuant to paragraph (1)

shall be conducted in a confidential manner to protect the

privacy rights of the individuals and entities involved in such

research, including such individuals and entities involved in the

donation, transfer, receipt, or transplantation of human fetal

tissue. With respect to any material or information obtained

pursuant to such audit, the Secretary shall -

(A) use such material or information only for the purposes of

verifying compliance with the requirements of this section;

(B) not disclose or publish such material or information,

except where required by Federal law, in which case such

material or information shall be coded in a manner such that

the identities of such individuals and entities are protected;

and

(C) not maintain such material or information after

completion of such audit, except where necessary for the

purposes of such audit.

(e) Applicability of State and local law

(1) Research conducted by recipients of assistance

The Secretary may not provide support for research under

subsection (a) of this section unless the applicant for the

financial assistance involved agrees to conduct the research in

accordance with applicable State law.

(2) Research conducted by Secretary

The Secretary may conduct research under subsection (a) of this

section only in accordance with applicable State and local law.

(f) Report

The Secretary shall annually submit to the Committee on Energy

and Commerce of the House of Representatives, and to the Committee

on Labor and Human Resources of the Senate, a report describing the

activities carried out under this section during the preceding

fiscal year, including a description of whether and to what extent

research under subsection (a) of this section has been conducted in

accordance with this section.

(g) "Human fetal tissue" defined

For purposes of this section, the term "human fetal tissue" means

tissue or cells obtained from a dead human embryo or fetus after a

spontaneous or induced abortion, or after a stillbirth.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 498A, as added Pub. L.

103-43, title I, Sec. 111, June 10, 1993, 107 Stat. 129.)

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC1-

NULLIFICATION OF MORATORIUM

Section 113 of Pub. L. 103-43 provided that:

"(a) In General. - Except as provided in subsection (c), no

official of the executive branch may impose a policy that the

Department of Health and Human Services is prohibited from

conducting or supporting any research on the transplantation of

human fetal tissue for therapeutic purposes. Such research shall be

carried out in accordance with section 498A of the Public Health

Service Act [this section] (as added by section 111 of this Act),

without regard to any such policy that may have been in effect

prior to the date of the enactment of this Act [June 10, 1993].

"(b) Prohibition Against Withholding of Funds in Cases of

Technical and Scientific Merit. -

"(1) In general. - Subject to subsection (b)(2) of section 492A

of the Public Health Service Act [section 289a-1(b)(2) of this

title] (as added by section 101 of this Act), in the case of any

proposal for research on the transplantation of human fetal

tissue for therapeutic purposes, the Secretary of Health and

Human Services may not withhold funds for the research if -

"(A) the research has been approved for purposes of

subsection (a) of such section 492A;

"(B) the research will be carried out in accordance with

section 498A of such Act [this section] (as added by section

111 of this Act); and

"(C) there are reasonable assurances that the research will

not utilize any human fetal tissue that has been obtained in

violation of section 498B(a) of such Act [section 289g-2(a) of

this title] (as added by section 112 of this Act).

"(2) Standing approval regarding ethical status. - In the case

of any proposal for research on the transplantation of human

fetal tissue for therapeutic purposes, the issuance in December

1988 of the Report of the Human Fetal Tissue Transplantation

Research Panel shall be deemed to be a report -

"(A) issued by an ethics advisory board pursuant to section

492A(b)(5)(B)(ii) of the Public Health Service Act (as added by

section 101 of this Act); and

"(B) finding, on a basis that is neither arbitrary nor

capricious, that the nature of the research is such that it is

not unethical to conduct or support the research.

"(c) Authority for Withholding Funds From Research. - In the case

of any research on the transplantation of human fetal tissue for

therapeutic purposes, the Secretary of Health and Human Services

may withhold funds for the research if any of the conditions

specified in any of subparagraphs (A) through (C) of subsection

(b)(1) are not met with respect to the research.

"(d) Definition. - For purposes of this section, the term 'human

fetal tissue' has the meaning given such term in section 498A(f) of

the Public Health Service Act [subsec. (f) of this section] (as

added by section 111 of this Act)."

REPORT BY GENERAL ACCOUNTING OFFICE ON ADEQUACY OF REQUIREMENTS

Section 114 of Pub. L. 103-43 provided that, with respect to

research on the transplantation of human fetal tissue for

therapeutic purposes, the Comptroller General of the United States

was to conduct an audit for the purpose of determining whether and

to what extent such research conducted or supported by Secretary of

Health and Human Services had been conducted in accordance with

this section and whether and to what extent there have been

violations of section 289g-2 of this title and directed the

Comptroller General to complete the audit and report the findings

to Congress, not later than May 19, 1995.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 289g-2 of this title.

-End-

-CITE-

42 USC Sec. 289g-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289g-2. Prohibitions regarding human fetal tissue

-STATUTE-

(a) Purchase of tissue

It shall be unlawful for any person to knowingly acquire,

receive, or otherwise transfer any human fetal tissue for valuable

consideration if the transfer affects interstate commerce.

(b) Solicitation or acceptance of tissue as directed donation for

use in transplantation

It shall be unlawful for any person to solicit or knowingly

acquire, receive, or accept a donation of human fetal tissue for

the purpose of transplantation of such tissue into another person

if the donation affects interstate commerce, the tissue will be or

is obtained pursuant to an induced abortion, and -

(1) the donation will be or is made pursuant to a promise to

the donating individual that the donated tissue will be

transplanted into a recipient specified by such individual;

(2) the donated tissue will be transplanted into a relative of

the donating individual; or

(3) the person who solicits or knowingly acquires, receives, or

accepts the donation has provided valuable consideration for the

costs associated with such abortion.

(c) Criminal penalties for violations

(1) In general

Any person who violates subsection (a) or (b) of this section

shall be fined in accordance with title 18, subject to paragraph

(2), or imprisoned for not more than 10 years, or both.

(2) Penalties applicable to persons receiving consideration

With respect to the imposition of a fine under paragraph (1),

if the person involved violates subsection (a) or (b)(3) of this

section, a fine shall be imposed in an amount not less than twice

the amount of the valuable consideration received.

(d) Definitions

For purposes of this section:

(1) The term "human fetal tissue" has the meaning given such

term in section 289g-1(f) (!1) of this title.

(2) The term "interstate commerce" has the meaning given such

term in section 321(b) of title 21.

(3) The term "valuable consideration" does not include

reasonable payments associated with the transportation,

implantation, processing, preservation, quality control, or

storage of human fetal tissue.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 498B, as added Pub. L.

103-43, title I, Sec. 112, June 10, 1993, 107 Stat. 131.)

-FOOTNOTE-

(!1) So in original. Probably should be section "289g-1(g)".

-End-

-CITE-

42 USC Sec. 289g-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289g-3. Breast implant research

-STATUTE-

(a) In general

The Director of NIH may conduct or support research to examine

the long-term health implications of silicone breast implants, both

gel and saline filled. Such research studies may include the

following:

(1) Developing and examining techniques to measure

concentrations of silicone in body fluids and tissues.

(2) Surveillance of recipients of silicone breast implants,

including long-term outcomes and local complications.

(b) Definition

For purposes of this section, the term "breast implant" means a

breast prosthesis that is implanted to augment or reconstruct the

female breast.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 498C, as added Pub. L.

107-250, title II, Sec. 215(b), Oct. 26, 2002, 116 Stat. 1615.)

-MISC1-

BREAST IMPLANTS; STUDY BY COMPTROLLER GENERAL

Pub. L. 107-250, title II, Sec. 214, Oct. 26, 2002, 116 Stat.

1615, provided that:

"(a) In General. - The Comptroller General of the United States

shall conduct a study to determine the following with respect to

breast implants:

"(1) The content of information typically provided by health

professionals to women who consult with such professionals on the

issue of whether to undergo breast implant surgery.

"(2) Whether such information is provided by physicians or

other health professionals, and whether the information is

provided verbally or in writing, and at what point in the process

of determining whether to undergo surgery is such information

provided.

"(3) Whether the information presented, as a whole, provides a

complete and accurate discussion of the risks and benefits of

breast implants, and the extent to which women who receive such

information understand the risks and benefits.

"(4) The number of adverse events that have been reported, and

whether such events have been adequately investigated.

"(5) With respect to women who participate as subjects in

research being carried out regarding the safety and effectiveness

of breast implants:

"(A) The content of information provided to the women during

the process of obtaining the informed consent of the women to

be subjects, and the extent to which such information is

updated.

"(B) Whether such process provides written explanations of

the criteria for being subjects in the research.

"(C) The point at which, in the planning or conduct of the

research, the women are provided information regarding the

provision of informed consent to be subjects.

"(b) Report. - The Comptroller General shall submit to the

Congress a report describing the findings of the study.

"(c) Definition. - For purposes of this section, the term 'breast

implant' means a breast prosthesis that is implanted to augment or

reconstruct the female breast."

-End-

-CITE-

42 USC Sec. 289h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 289h. Repealed. Pub. L. 103-43, title I, Sec. 121(b)(2), June

10, 1993, 107 Stat. 133

-MISC1-

Section, act July 1, 1944, ch. 373, title IV, Sec. 499, as added

Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 878, related to

construction of subchapter.

-End-

-CITE-

42 USC Sec. 290 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 290. National Institutes of Health Management Fund;

establishment; advancements; availability; final adjustments of

advances

-STATUTE-

For the purpose of facilitating the economical and efficient

conduct of operations in the National Institutes of Health which

are financed by two or more appropriations where the costs of

operation are not readily susceptible of distribution as charges to

such appropriations, there is established the National Institutes

of Health Management Fund. Such amounts as the Director of the

National Institutes of Health may determine to represent a

reasonable distribution of estimated costs among the various

appropriations involved may be advanced each year to this fund and

shall be available for expenditure for such costs under such

regulations as may be prescribed by said Director, including the

operation of facilities for the sale of meals to employees and

others at rates to be determined by said Director to be sufficient

to cover the reasonable value of the meals served and the proceeds

thereof shall be deposited to the credit of this fund: Provided,

That funds advanced to this fund shall be available only in the

fiscal year in which they are advanced: Provided further, That

final adjustments of advances in accordance with actual costs shall

be effected wherever practicable with the appropriations from which

such funds are advanced.

-SOURCE-

(Pub. L. 85-67, title II, Sec. 201, June 29, 1957, 71 Stat. 220;

Pub. L. 87-290, title II, Sec. 201, Sept. 22, 1961, 75 Stat. 603.)

-COD-

CODIFICATION

Section was enacted as a part of the Department of Health,

Education, and Welfare Appropriation Act, 1958, and not as a part

of the Public Health Service Act which comprises this chapter.

-MISC1-

AMENDMENTS

1961 - Pub. L. 87-290 substituted "reasonable value of the meals

served" for "cost of such operation".

-End-

-CITE-

42 USC Sec. 290a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part H - General Provisions

-HEAD-

Sec. 290a. Victims of fire

-STATUTE-

(a) Research on burns, burn injuries, and rehabilitation

The Secretary of Health and Human Services shall establish,

within the National Institutes of Health and in cooperation with

the Director, an expanded program of research on burns, treatment

of burn injuries, and rehabilitation of victims of fires. The

National Institutes of Health shall -

(1) sponsor and encourage the establishment throughout the

Nation of twenty-five additional burn centers, which shall

comprise separate hospital facilities providing specialized burn

treatment and including research and teaching programs and

twenty-five additional burn units, which shall comprise

specialized facilities in general hospitals used only for burn

victims;

(2) provide training and continuing support of specialists to

staff the new burn centers and burn units;

(3) sponsor and encourage the establishment of ninety burn

programs in general hospitals which comprise staffs of burn

injury specialists;

(4) provide special training in emergency care for burn

victims;

(5) augment sponsorship of research on burns and burn

treatment;

(6) administer and support a systematic program of research

concerning smoke inhalation injuries; and

(7) sponsor and support other research and training programs in

the treatment and rehabilitation of burn injury victims.

(b) Authorization of appropriations

For purposes of this section, there are authorized to be

appropriated not to exceed $5,000,000 for the fiscal year ending

June 30, 1975 and not to exceed $8,000,000 for the fiscal year

ending June 30, 1976.

-SOURCE-

(Pub. L. 93-498, Sec. 19, Oct. 29, 1974, 88 Stat. 1547; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L.

106-503, title I, Sec. 110(a)(2)(B)(vii), Nov. 13, 2000, 114 Stat.

2302.)

-COD-

CODIFICATION

Section was enacted as part of the Federal Fire Prevention and

Control Act of 1974 (which is classified principally to chapter 49

(Sec. 2201 et seq.) of Title 15), and not as a part of the Public

Health Service Act which comprises this chapter.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-503 substituted "in cooperation

with the Director" for "in cooperation with the Secretary".

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (a)

pursuant to section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-CROSS-

DEFINITIONS

For definition of terms used in this section, see section 2203 of

Title 15, Commerce and Trade.

-End-

-CITE-

42 USC Part I - Foundation for the National Institutes of

Health 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part I - Foundation for the National Institutes of Health

-HEAD-

PART I - FOUNDATION FOR THE NATIONAL INSTITUTES OF HEALTH

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-392, title IV, Sec. 418(1), Nov. 13, 1998, 112

Stat. 3591, substituted "Foundation for the National Institutes of

Health" for "National Foundation for Biomedical Research" in part

heading.

1993 - Pub. L. 103-43, title I, Sec. 141(a)(2), June 10, 1993,

107 Stat. 136, redesignated part H "National Foundation for

Biomedical Research" as I.

-End-

-CITE-

42 USC Sec. 290b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

Part I - Foundation for the National Institutes of Health

-HEAD-

Sec. 290b. Establishment and duties of Foundation

-STATUTE-

(a) In general

The Secretary shall, acting through the Director of NIH,

establish a nonprofit corporation to be known as the Foundation for

the National Institutes of Health (hereafter in this section

referred to as the "Foundation"). The Foundation shall not be an

agency or instrumentality of the United States Government.

(b) Purpose of Foundation

The purpose of the Foundation shall be to support the National

Institutes of Health in its mission (including collection of funds

for pediatric pharmacologic research), and to advance collaboration

with biomedical researchers from universities, industry, and

nonprofit organizations.

(c) Certain activities of Foundation

(1) In general

In carrying out subsection (b) of this section, the Foundation

may solicit and accept gifts, grants, and other donations,

establish accounts, and invest and expend funds in support of the

following activities with respect to the purpose described in

such subsection:

(A) A program to provide and administer endowed positions

that are associated with the research program of the National

Institutes of Health. Such endowments may be expended for the

compensation of individuals holding the positions, for staff,

equipment, quarters, travel, and other expenditures that are

appropriate in supporting the endowed positions.

(B) A program to provide and administer fellowships and

grants to research personnel in order to work and study in

association with the National Institutes of Health. Such

fellowships and grants may include stipends, travel, health

insurance benefits and other appropriate expenses. The

recipients of fellowships shall be selected by the donors and

the Foundation upon the recommendation of the National

Institutes of Health employees in the laboratory where the

fellow would serve, and shall be subject to the agreement of

the Director of the National Institutes of Health and the

Executive Director of the Foundation.

(C) A program to collect funds for pediatric pharmacologic

research and studies listed by the Secretary pursuant to

section 284m(a)(1)(A) of this title and referred under section

355a(d)(4)(C) of title 21.

(D) Supplementary programs to provide for -

(i) scientists of other countries to serve in research

capacities in the United States in association with the

National Institutes of Health or elsewhere, or opportunities

for employees of the National Institutes of Health or other

public health officials in the United States to serve in such

capacities in other countries, or both;

(ii) the conduct and support of studies, projects, and

research, which may include stipends, travel and other

support for personnel in collaboration with national and

international non-profit and for-profit organizations;

(iii) the conduct and support of forums, meetings,

conferences, courses, and training workshops that may include

undergraduate, graduate, post-graduate, and post-doctoral

accredited courses and the maintenance of accreditation of

such courses by the Foundation at the State and national

level for college or continuing education credits or for

degrees;

(iv) programs to support and encourage teachers and

students of science at all levels of education and programs

for the general public which promote the understanding of

science;

(v) programs for writing, editing, printing, publishing,

and vending of books and other materials; and

(vi) the conduct of other activities to carry out and

support the purpose described in subsection (b) of this

section.

(2) Fees

The Foundation may assess fees for the provision of

professional, administrative and management services by the

Foundation in amounts determined reasonable and appropriate by

the Executive Director.

(3) Authority of Foundation

The Foundation shall be the sole entity responsible for

carrying out the activities described in this subsection.

(d) Board of Directors

(1) Composition

(A) The Foundation shall have a Board of Directors (hereafter

referred to in this section as the "Board"), which shall be

composed of ex officio and appointed members in accordance with

this subsection. All appointed members of the Board shall be

voting members.

(B) The ex officio members of the Board shall be -

(i) the Chairman and ranking minority member of the

Subcommittee on Health and the Environment (Committee on Energy

and Commerce) or their designees, in the case of the House of

Representatives;

(ii) the Chairman and ranking minority member of the

Committee on Labor and Human Resources or their designees, in

the case of the Senate;

(iii) the Director of the National Institutes of Health; and

(iv) the Commissioner of Food and Drugs.

(C) The ex officio members of the Board under subparagraph (B)

shall appoint to the Board individuals from among a list of

candidates to be provided by the National Academy of Science.

Such appointed members shall include -

(i) representatives of the general biomedical field;

(ii) representatives of experts in pediatric medicine and

research;

(iii) representatives of the general biobehavioral field,

which may include experts in biomedical ethics; and

(iv) representatives of the general public, which may include

representatives of affected industries.

(D)(i) Not later than 30 days after June 10, 1993, the Director

of the National Institutes of Health shall convene a meeting of

the ex officio members of the Board to -

(I) incorporate the Foundation and establish the general

policies of the Foundation for carrying out the purposes of

subsection (b) of this section, including the establishment of

the bylaws of the Foundation; and

(II) appoint the members of the Board in accordance with

subparagraph (C).

(ii) Upon the appointment of the members of the Board under

clause (i)(II), the terms of service of the ex officio members of

the Board as members of the Board shall terminate.

(E) The agreement of not less than three-fifths of the members

of the ex officio members of the Board shall be required for the

appointment of each member to the initial Board.

(F) No employee of the National Institutes of Health shall be

appointed as a member of the Board.

(G) The Board may, through amendments to the bylaws of the

Foundation, provide that the number of members of the Board shall

be greater than the number specified in subparagraph (C).

(2) Chair

(A) The ex officio members of the Board under paragraph (1)(B)

shall designate an individual to serve as the initial Chair of

the Board.

(B) Upon the termination of the term of service of the initial

Chair of the Board, the appointed members of the Board shall

elect a member of the Board to serve as the Chair of the Board.

(3) Terms and vacancies

(A) The term of office of each member of the Board appointed

under paragraph (1)(C) shall be 5 years, except that the terms of

offices for the initial appointed members of the Board shall

expire as determined by the ex officio members and the Chair.

(B) Any vacancy in the membership of the Board shall be filled

in the manner in which the original position was made and shall

not affect the power of the remaining members to execute the

duties of the Board.

(C) If a member of the Board does not serve the full term

applicable under subparagraph (A), the individual appointed to

fill the resulting vacancy shall be appointed for the remainder

of the term of the predecessor of the individual.

(D) A member of the Board may continue to serve after the

expiration of the term of the member until a successor is

appointed.

(4) Compensation

Members of the Board may not receive compensation for service

on the Board. Such members may be reimbursed for travel,

subsistence, and other necessary expenses incurred in carrying

out the duties of the Board, as set forth in the bylaws issued by

the Board.

(5) Meetings and quorum

A majority of the members of the Board shall constitute a

quorum for purposes of conducting the business of the Board.

(6) Certain bylaws

(A) In establishing bylaws under this subsection, the Board

shall ensure that the following are provided for:

(i) Policies for the selection of the officers, employees,

agents, and contractors of the Foundation.

(ii) Policies, including ethical standards, for the

acceptance, solicitation, and disposition of donations and

grants to the Foundation and for the disposition of the assets

of the Foundation. Policies with respect to ethical standards

shall ensure that officers, employees and agents of the

Foundation (including members of the Board) avoid encumbrances

that would result in a conflict of interest, including a

financial conflict of interest or a divided allegiance. Such

policies shall include requirements for the provision of

information concerning any ownership or controlling interest in

entities related to the activities of the Foundation by such

officers, employees and agents and their spouses and relatives.

(iii) Policies for the conduct of the general operations of

the Foundation.

(iv) Policies for writing, editing, printing, publishing, and

vending of books and other materials.

(B) In establishing bylaws under this subsection, the Board

shall ensure that such bylaws (and activities carried out under

the bylaws) do not -

(i) reflect unfavorably upon the ability of the Foundation or

the National Institutes of Health to carry out its

responsibilities or official duties in a fair and objective

manner; or

(ii) compromise, or appear to compromise, the integrity of

any governmental agency or program, or any officer or employee

involved in such program.

(e) Incorporation

The initial members of the Board shall serve as incorporators and

shall take whatever actions necessary to incorporate the

Foundation.

(f) Nonprofit status

The Foundation shall be considered to be a corporation under

section 501(c) of title 26, and shall be subject to the provisions

of such section.

(g) Executive Director

(1) In general

The Foundation shall have an Executive Director who shall be

appointed by the Board and shall serve at the pleasure of the

Board. The Executive Director shall be responsible for the

day-to-day operations of the Foundation and shall have such

specific duties and responsibilities as the Board shall

prescribe.

(2) Compensation

The rate of compensation of the Executive Director shall be

fixed by the Board.

(h) Powers

In carrying out subsection (b) of this section, the Foundation

may -

(1) operate under the direction of its Board;

(2) adopt, alter, and use a corporate seal, which shall be

judicially noticed;

(3) provide for 1 or more officers, employees, and agents, as

may be necessary, define their duties, and require surety bonds

or make other provisions against losses occasioned by acts of

such persons;

(4) hire, promote, compensate, and discharge officers and

employees of the Foundation, and define the duties of the

officers and employees;

(5) with the consent of any executive department or independent

agency, use the information, services, staff, and facilities of

such in carrying out this section;

(6) sue and be sued in its corporate name, and complain and

defend in courts of competent jurisdiction;

(7) modify or consent to the modification of any contract or

agreement to which it is a party or in which it has an interest

under this part;

(8) establish a process for the selection of candidates for

positions under subsection (c) of this section;

(9) enter into contracts with public and private organizations

for the writing, editing, printing, and publishing of books and

other material;

(10) take such action as may be necessary to obtain patents and

licenses for devices and procedures developed by the Foundation

and its employees;

(11) solicit, accept, hold, administer, invest, and spend any

gift, devise, or bequest of real or personal property made to the

Foundation;

(12) enter into such other contracts, leases, cooperative

agreements, and other transactions as the Executive Director

considers appropriate to conduct the activities of the

Foundation;

(13) appoint other groups of advisors as may be determined

necessary from time to time to carry out the functions of the

Foundation;

(14) enter into such other contracts, leases, cooperative

agreements, and other transactions as the Executive Director

considers appropriate to conduct the activities of the

Foundation; and

(15) exercise other powers as set forth in this section, and

such other incidental powers as are necessary to carry out its

powers, duties, and functions in accordance with this part.

(i) Administrative control

No participant in the program established under this part shall

exercise any administrative control over any Federal employee.

(j) General provisions

(1) Foundation integrity

The members of the Board shall be accountable for the integrity

of the operations of the Foundation and shall ensure such

integrity through the development and enforcement of criteria and

procedures relating to standards of conduct, financial disclosure

statements, conflict of interest rules, recusal and waiver rules,

audits and other matter determined appropriate by the Board.

(2) Financial conflicts of interest

Any individual who is an officer, employee, or member of the

Board of the Foundation may not (in accordance with policies and

requirements developed under subsection (d)(2)(B)(i)(II)) (!1)

personally or substantially participate in the consideration or

determination by the Foundation of any matter that would directly

or predictably affect any financial interest of the individual or

a relative (as such term is defined in section 109(16) of the

Ethics in Government Act of 1978) of the individual, of any

business organization or other entity, or of which the individual

is an officer or employee, or is negotiating for employment, or

in which the individual has any other financial interest.

(3) Audits; availability of records

The Foundation shall -

(A) provide for annual audits of the financial condition of

the Foundation; and

(B) make such audits, and all other records, documents, and

other papers of the Foundation, available to the Secretary and

the Comptroller General of the United States for examination or

audit.

(4) Reports

(A) Not later than 5 months following the end of each fiscal

year, the Foundation shall publish a report describing the

activities of the Foundation during the preceding fiscal year.

Each such report shall include for the fiscal year involved a

comprehensive statement of the operations, activities, financial

condition, and accomplishments of the Foundation.

(B) With respect to the financial condition of the Foundation,

each report under subparagraph (A) shall include the source, and

a description of, all gifts or grants to the Foundation of real

or personal property, and the source and amount of all gifts or

grants to the Foundation of money. Each such report shall include

a specification of any restrictions on the purposes for which

gifts or grants to the Foundation may be used.

(C) The Foundation shall make copies of each report submitted

under subparagraph (A) available for public inspection, and shall

upon request provide a copy of the report to any individual for a

charge not exceeding the cost of providing the copy.

(D) The Board shall annually hold a public meeting to summarize

the activities of the Foundation and distribute written reports

concerning such activities and the scientific results derived

from such activities.

(5) Service of Federal employees

Federal employees may serve on committees advisory to the

Foundation and otherwise cooperate with and assist the Foundation

in carrying out its function, so long as the employees do not

direct or control Foundation activities.

(6) Relationship with existing entities

The Foundation may, pursuant to appropriate agreements, merge

with, acquire, or use the resources of existing nonprofit private

corporations with missions similar to the purposes of the

Foundation, such as the Foundation for Advanced Education in the

Sciences.

(7) Intellectual property rights

The Board shall adopt written standards with respect to the

ownership of any intellectual property rights derived from the

collaborative efforts of the Foundation prior to the commencement

of such efforts.

(8) National Institutes of Health Amendments of 1990

The activities conducted in support of the National Institutes

of Health Amendments of 1990 (Public Law 101-613), and the

amendments made by such Act, shall not be nullified by the

enactment of this section.(!2)

(9) Limitation of activities

(A) In general

The Foundation shall exist solely as an entity to work in

collaboration with the research programs of the National

Institutes of Health. The Foundation may not undertake

activities (such as the operation of independent laboratories

or competing for Federal research funds) that are independent

of those of the National Institutes of Health research

programs.

(B) Gifts, grants, and other donations

(i) In general

Gifts, grants, and other donations to the Foundation may be

designated for pediatric research and studies on drugs, and

funds so designated shall be used solely for grants for

research and studies under subsection (c)(1)(C) of this

section.

(ii) Other gifts

Other gifts, grants, or donations received by the

Foundation and not described in clause (i) may also be used

to support such pediatric research and studies.

(iii) Report

The recipient of a grant for research and studies shall

agree to provide the Director of the National Institutes of

Health and the Commissioner of Food and Drugs, at the

conclusion of the research and studies -

(I) a report describing the results of the research and

studies; and

(II) all data generated in connection with the research

and studies.

(iv) Action by the Commissioner of Food and Drugs

The Commissioner of Food and Drugs shall take appropriate

action in response to a report received under clause (iii) in

accordance with paragraphs (7) through (12) of section

284m(c) of this title, including negotiating with the holders

of approved applications for the drugs studied for any

labeling changes that the Commissioner determines to be

appropriate and requests the holders to make.

(C) Applicability

Subparagraph (A) does not apply to the program described in

subsection (c)(1)(C) of this section.

(10) Transfer of funds

The Foundation may transfer funds to the National Institutes of

Health. Any funds transferred under this paragraph shall be

subject to all Federal limitations relating to federally-funded

research.

(k) Duties of Director

(1) Applicability of certain standards to non-Federal employees

In the case of any individual who is not an employee of the

Federal Government and who serves in association with the

National Institutes of Health, with respect to financial

assistance received from the Foundation, the Foundation may not

provide the assistance of, or otherwise permit the work at the

National Institutes of Health to begin until a memorandum of

understanding between the individual and the Director of the

National Institutes of Health, or the designee of such Director,

has been executed specifying that the individual shall be subject

to such ethical and procedural standards of conduct relating to

duties performed at the National Institutes of Health, as the

Director of the National Institutes of Health determines is

appropriate.

(2) Support services

The Director of the National Institutes of Health may provide

facilities, utilities and support services to the Foundation if

it is determined by the Director to be advantageous to the

research programs of the National Institutes of Health.

(l) Funding

(1) Authorization of appropriations

For the purpose of carrying out this part, there is authorized

to be appropriated an aggregate $500,000 for each fiscal year.

(2) Limitation regarding other funds

Amounts appropriated under any provision of law other than

paragraph (1) may not be expended to establish or operate the

Foundation.

-SOURCE-

(July 1, 1944, ch. 373, title IV, Sec. 499, formerly Sec. 499A, as

added Pub. L. 101-613, Sec. 2, Nov. 16, 1990, 104 Stat. 3224;

amended Pub. L. 102-170, title II, Sec. 216, Nov. 26, 1991, 105

Stat. 1128; Pub. L. 102-321, title I, Sec. 163(b)(6), July 10,

1992, 106 Stat. 376; renumbered Sec. 499 and amended Pub. L.

103-43, title I, Sec. 121(b)(3), title XVII, Sec. 1701, June 10,

1993, 107 Stat. 133, 186; Pub. L. 104-316, title I, Sec. 122(b),

Oct. 19, 1996, 110 Stat. 3836; Pub. L. 105-392, title IV, Sec.

418(2), Nov. 13, 1998, 112 Stat. 3591; Pub. L. 107-109, Sec. 13,

Jan. 4, 2002, 115 Stat. 1417.)

-REFTEXT-

REFERENCES IN TEXT

Section 109(16) of the Ethics in Government Act of 1978, referred

to in subsec. (j)(2), is section 109(16) of Pub. L. 95-521, which

is set out in the Appendix to Title 5, Government Organization and

Employees.

The National Institutes of Health Amendments of 1990, referred to

in subsec. (j)(8), is Pub. L. 101-613, Nov. 16, 1990, 104 Stat.

3224, as amended, which enacted this section, section 285g-4 of

this title, and provisions set out as notes under section 201 and

285g-4 of this title. For complete classification of this Act to

the Code, see Short Title of 1990 Amendments note set out under

section 201 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 499 of act July 1, 1944, was classified to

section 289h of this title prior to repeal by Pub. L. 103-43.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-109, Sec. 13(1), inserted

"(including collection of funds for pediatric pharmacologic

research)" after "mission".

Subsec. (c)(1)(C), (D). Pub. L. 107-109, Sec. 13(2), added

subpar. (C) and redesignated former subpar. (C) as (D).

Subsec. (d)(1)(B)(iv). Pub. L. 107-109, Sec. 13(3)(A)(i), added

cl. (iv).

Subsec. (d)(1)(C). Pub. L. 107-109, Sec. 13(3)(A)(ii), added

subpar. (C) and struck out former subpar. (C) which read as

follows: "The ex officio members of the Board under subparagraph

(B) shall appoint to the Board 11 individuals from among a list of

candidates to be provided by the National Academy of Science. Of

such appointed members -

"(i) 4 shall be representative of the general biomedical field;

"(ii) 2 shall be representatives of the general biobehavorial

field; and

"(iii) 5 shall be representatives of the general public."

Subsec. (d)(2)(B). Pub. L. 107-109, Sec. 13(3)(B), realigned

margin.

Subsec. (e) to (g). Pub. L. 107-109, Sec. 13(5), redesignated

subsecs. (f) to (h) as (e) to (g), respectively.

Subsec. (h). Pub. L. 107-109, Sec. 13(5), (6), redesignated

subsec. (i) as (h) and substituted "solicit," for "solicit" in par.

(11). Former subsec. (h) redesignated (g).

Subsec. (i). Pub. L. 107-109, Sec. 13(5), redesignated subsec.

(j) as (i). Former subsec. (i) redesignated (h).

Subsec. (j). Pub. L. 107-109, Sec. 13(5), redesignated subsec.

(k) as (j). Former subsec. (j) redesignated (i).

Subsec. (j)(1). Pub. L. 107-109, Sec. 13(7), struck out

"(including those developed under subsection (d)(2)(B)(i)(II))"

after "procedures relating to standards of conduct".

Subsec. (j)(2). Pub. L. 107-109, Sec. 13(7), which directed

striking out "(including those developed under subsection

(d)(2)(B)(i)(II))" in par. (2), could not be executed because those

words do not appear in par. (2).

Subsec. (k). Pub. L. 107-109, Sec. 13(5), redesignated subsec.

(l) as (k). Former subsec. (k) redesignated (j).

Subsec. (k)(9). Pub. L. 107-109, Sec. 13(4), designated existing

provisions as subpar. (A), inserted subpar. heading, and added

subpars. (B) and (C).

Subsecs. (l), (m). Pub. L. 107-109, Sec. 13(5), redesignated

subsec. (m) as (l). Former subsec. (l) redesignated (k).

1998 - Subsec. (a). Pub. L. 105-392, Sec. 418(2)(A), substituted

"Foundation for the National Institutes of Health" for "National

Foundation for Biomedical Research".

Subsec. (k)(10). Pub. L. 105-392, Sec. 418(2)(B), struck out

"not" after "may" and inserted at end "Any funds transferred under

this paragraph shall be subject to all Federal limitations relating

to federally-funded research."

Subsec. (m)(1). Pub. L. 105-392, Sec. 418(2)(C), substituted

"$500,000 for each fiscal year" for "$200,000 for the fiscal years

1994 and 1995".

1996 - Subsec. (n). Pub. L. 104-316 struck out subsec. (n) which

required Comptroller General to conduct audit and prepare report to

Congress on adequacy of compliance of the Foundation with

guidelines established under this section.

1993 - Subsec. (a). Pub. L. 103-43, Sec. 1701(1), inserted ",

acting through the Director of NIH," after "Secretary shall" and

struck out ", except for the purposes of the Ethics in Government

Act and the Technology Transfer Act," after "shall not".

Subsec. (b). Pub. L. 103-43, Sec. 1701(3), added subsec. (b) and

struck out heading and text of former subsec. (b). Text related to

duties of Foundation.

Subsec. (c). Pub. L. 103-43, Sec. 1701(3), added subsec. (c).

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 103-43, Sec. 1701(2), redesignated subsec.

(c) as (d). Former subsec. (d) redesignated (f).

Subsec. (d)(1). Pub. L. 103-43, Sec. 1701(4)(A), substituted

"appointed members of the Board" for "members of the Foundation" in

subpar. (A), "Board" for "Council" in subpar. (B), and "appoint to

the Board" for "appoint to the Council" in subpar. (C), and added

subpars. (D) to (G).

Subsec. (d)(2). Pub. L. 103-43, Sec. 1701(4)(B), designated

existing provisions as subpar. (A), substituted "an individual to

serve as the initial Chair" for "an appointed member of the Board

to serve as the Chair", and added subpar. (B).

Subsec. (d)(3)(A). Pub. L. 103-43, Sec. 1701(4)(C), substituted

"(1)(C)" for "(2)(C)".

Subsec. (d)(5), (6). Pub. L. 103-43, Sec. 1701(4)(D), added pars.

(5) and (6).

Subsec. (e). Pub. L. 103-43, Sec. 1701(2), redesignated subsec.

(e) as (g).

Subsecs. (f) to (h). Pub. L. 103-43, Sec. 1701(2), redesignated

subsecs. (d) to (f) as (f) to (h), respectively. Former subsecs.

(g) and (h) redesignated (i) and (j), respectively.

Subsec. (i). Pub. L. 103-43, Sec. 1701(2), redesignated subsec.

(g) as (i). Former subsec. (i) redesignated (m).

Subsec. (i)(4). Pub. L. 103-43, Sec. 1701(5)(A), inserted before

period at end ", and define the duties of the officers and

employees".

Subsec. (i)(5), (6). Pub. L. 103-43, Sec. 1701(5)(B), (C),

redesignated par. (6) as (5) and struck out former par. (5) which

read as follows: "prescribe by its Board its bylaws, that shall be

consistent with law, and that shall provide for the manner in which

-

"(A) its officers, employees, and agents are selected;

"(B) its property is acquired, held, and transferred;

"(C) its general operations are to be conducted; and

"(D) the privileges granted by law are exercised and enjoyed;".

Subsec. (i)(7). Pub. L. 103-43, Sec. 1701(5)(C), (D),

redesignated par. (8) as (7) and substituted "part" for "subtitle".

Former par. (7) redesignated (6).

Subsec. (i)(8). Pub. L. 103-43, Sec. 1701(5)(C), (E),

redesignated par. (9) as (8) and substituted "establish a process

for the selection of candidates for positions under subsection (c)

of this section" for "establish a mechanism for the selection of

candidates, subject to the approval of the Director of the National

Institutes of Health, for the endowed scientific positions within

the organizational structure of the intramural research programs of

the National Institutes of Health and candidates for participation

in the National Institutes of Health Scholars program".

Subsec. (i)(9), (10). Pub. L. 103-43, Sec. 1701(5)(C),

redesignated pars. (10) and (11) as (9) and (10), respectively.

Former par. (9) redesignated (8).

Subsec. (i)(11). Pub. L. 103-43, Sec. 1701(5)(C), (F),

redesignated par. (12) as (11) and inserted "solicit" before

"accept". Former par. (11) redesignated (10).

Subsec. (i)(12), (13). Pub. L. 103-43, Sec. 1701(5)(C),

redesignated pars. (13) and (14) as (12) and (13), respectively.

Former par. (12) redesignated (11).

Subsec. (i)(14). Pub. L. 103-43, Sec. 1701(5)(G), (H), added par.

(14). Former par. (14) redesignated (13).

Subsec. (i)(15). Pub. L. 103-43, Sec. 1701(5)(I), substituted

"part" for "subtitle".

Subsec. (j). Pub. L. 103-43, Sec. 1701(2), redesignated subsec.

(h) as (j).

Subsecs. (k), (l). Pub. L. 103-43, Sec. 1701(6), added subsecs.

(k) and (l).

Subsec. (m). Pub. L. 103-43, Sec. 1701(7), amended heading and

text of subsec. (m) generally. Prior to amendment, text read as

follows:

"(1) Authorization of appropriations. - Subject to paragraph (2),

for the purpose of carrying out this part, there are authorized to

be appropriated such sums as may be necessary for each of the

fiscal years 1991 through 1995.

"(2) Limitations. -

"(A) Amounts appropriated under paragraph (1) or made available

under subparagraph (C) may not be provided to the fund

established under subsection (b)(1)(A) of this section.

"(B) For the first fiscal year for which amounts are

appropriated under paragraph (1), $200,000 is authorized to be

appropriated.

"(C) With respect to the first fiscal year for which amounts

are appropriated under paragraph (1), the Secretary may, from

amounts appropriated for such fiscal year for the programs of the

Department of Health and Human Services, make available not more

than $200,000 for carrying out this part, subject to subparagraph

(A)."

Pub. L. 103-43, Sec. 1701(2), redesignated subsec. (i) as (m).

Subsec. (n). Pub. L. 103-43, Sec. 1701(8), added subsec. (n).

1992 - Subsec. (g)(9). Pub. L. 102-321 struck out "or the

Administrator of the Alcohol, Drug Abuse, and Mental Health

Administration" after "Director of the National Institutes of

Health" and "and the Alcohol, Drug Abuse, and Mental Health

Administration" after "research programs of the National Institutes

of Health".

1991 - Subsec. (c)(1)(C). Pub. L. 102-170, Sec. 216(1),

substituted "11" for "9".

Subsec. (c)(1)(C)(iii). Pub. L. 102-170, Sec. 216(2), substituted

"5" for "3".

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

EFFECTIVE DATE OF 1992 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 section 355a.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(d)(6)(A)".

(!2) So in original. Probably should be "subsection".

-End-

-CITE-

42 USC SUBCHAPTER III-A - SUBSTANCE ABUSE AND MENTAL

HEALTH SERVICES ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

-HEAD-

SUBCHAPTER III-A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 247b-6, 256d, 300x-65

of this title; title 31 section 6703.

-End-

-CITE-

42 USC Part A - Organization and General Authorities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

PART A - ORGANIZATION AND GENERAL AUTHORITIES

-End-

-CITE-

42 USC Sec. 290aa 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Sec. 290aa. Substance Abuse and Mental Health Services

Administration

-STATUTE-

(a) Establishment

The Substance Abuse and Mental Health Services Administration

(hereafter referred to in this subchapter as the "Administration")

is an agency of the Service.

(b) Agencies

The following entities are agencies of the Administration:

(1) The Center for Substance Abuse Treatment.

(2) The Center for Substance Abuse Prevention.

(3) The Center for Mental Health Services.

(c) Administrator and Deputy Administrator

(1) Administrator

The Administration shall be headed by an Administrator

(hereinafter in this subchapter referred to as the

"Administrator") who shall be appointed by the President, by and

with the advice and consent of the Senate.

(2) Deputy Administrator

The Administrator, with the approval of the Secretary, may

appoint a Deputy Administrator and may employ and prescribe the

functions of such officers and employees, including attorneys, as

are necessary to administer the activities to be carried out

through the Administration.

(d) Authorities

The Secretary, acting through the Administrator, shall -

(1) supervise the functions of the agencies of the

Administration in order to assure that the programs carried out

through each such agency receive appropriate and equitable

support and that there is cooperation among the agencies in the

implementation of such programs;

(2) establish and implement, through the respective agencies, a

comprehensive program to improve the provision of treatment and

related services to individuals with respect to substance abuse

and mental illness and to improve prevention services, promote

mental health and protect the legal rights of individuals with

mental illnesses and individuals who are substance abusers;

(3) carry out the administrative and financial management,

policy development and planning, evaluation, knowledge

dissemination, and public information functions that are required

for the implementation of this subchapter;

(4) assure that the Administration conduct and coordinate

demonstration projects, evaluations, and service system

assessments and other activities necessary to improve the

availability and quality of treatment, prevention and related

services;

(5) support activities that will improve the provision of

treatment, prevention and related services, including the

development of national mental health and substance abuse goals

and model programs;

(6) in cooperation with the National Institutes of Health, the

Centers for Disease Control and the Health Resources and Services

Administration develop educational materials and intervention

strategies to reduce the risks of HIV or tuberculosis among

substance abusers and individuals with mental illness and to

develop appropriate mental health services for individuals with

such illnesses;

(7) coordinate Federal policy with respect to the provision of

treatment services for substance abuse utilizing anti-addiction

medications, including methadone;

(8) conduct programs, and assure the coordination of such

programs with activities of the National Institutes of Health and

the Agency for Healthcare Research and Quality, as appropriate,

to evaluate the process, outcomes and community impact of

treatment and prevention services and systems of care in order to

identify the manner in which such services can most effectively

be provided;

(9) collaborate with the Director of the National Institutes of

Health in the development of a system by which the relevant

research findings of the National Institute on Drug Abuse, the

National Institute on Alcohol Abuse and Alcoholism, the National

Institute of Mental Health, and, as appropriate, the Agency for

Healthcare Research and Quality are disseminated to service

providers in a manner designed to improve the delivery and

effectiveness of treatment and prevention services;

(10) encourage public and private entities that provide health

insurance to provide benefits for substance abuse and mental

health services;

(11) promote the integration of substance abuse and mental

health services into the mainstream of the health care delivery

system of the United States;

(12) monitor compliance by hospitals and other facilities with

the requirements of sections 290dd-1 and 290dd-2 of this title;

(13) with respect to grant programs authorized under this

subchapter, assure that -

(A) all grants that are awarded for the provision of services

are subject to performance and outcome evaluations; and

(B) all grants that are awarded to entities other than States

are awarded only after the State in which the entity intends to

provide services -

(i) is notified of the pendency of the grant application;

and

(ii) is afforded an opportunity to comment on the merits of

the application;

(14) assure that services provided with amounts appropriated

under this subchapter are provided bilingually, if appropriate;

(15) improve coordination among prevention programs, treatment

facilities and nonhealth care systems such as employers, labor

unions, and schools, and encourage the adoption of employee

assistance programs and student assistance programs;

(16) maintain a clearinghouse for substance abuse and mental

health information to assure the widespread dissemination of such

information to States, political subdivisions, educational

agencies and institutions, treatment providers, and the general

public;

(17) in collaboration with the National Institute on Aging, and

in consultation with the National Institute on Drug Abuse, the

National Institute on Alcohol Abuse and Alcoholism and the

National Institute of Mental Health, as appropriate, promote and

evaluate substance abuse services for older Americans in need of

such services, and mental health services for older Americans who

are seriously mentally ill; and

(18) promote the coordination of service programs conducted by

other departments, agencies, organizations and individuals that

are or may be related to the problems of individuals suffering

from mental illness or substance abuse, including liaisons with

the Social Security Administration, Health Care Financing

Administration, and other programs of the Department, as well as

liaisons with the Department of Education, Department of Justice,

and other Federal Departments and offices, as appropriate.

(e) Associate Administrator for Alcohol Prevention and Treatment

Policy

(1) In general

There may be in the Administration an Associate Administrator

for Alcohol Prevention and Treatment Policy to whom the

Administrator may delegate the functions of promoting,

monitoring, and evaluating service programs for the prevention

and treatment of alcoholism and alcohol abuse within the Center

for Substance Abuse Prevention, the Center for Substance Abuse

Treatment and the Center for Mental Health Services, and

coordinating such programs among the Centers, and among the

Centers and other public and private entities. The Associate

Administrator also may ensure that alcohol prevention, education,

and policy strategies are integrated into all programs of the

Centers that address substance abuse prevention, education, and

policy, and that the Center for Substance Abuse Prevention

addresses the Healthy People 2010 goals and the National Dietary

Guidelines of the Department of Health and Human Services and the

Department of Agriculture related to alcohol consumption.

(2) Plan

(A) The Administrator, acting through the Associate

Administrator for Alcohol Prevention and Treatment Policy, shall

develop, and periodically review and as appropriate revise, a

plan for programs and policies to treat and prevent alcoholism

and alcohol abuse. The plan shall be developed (and reviewed and

revised) in collaboration with the Directors of the Centers of

the Administration and in consultation with members of other

Federal agencies and public and private entities.

(B) Not later than 1 year after July 10, 1992, the

Administrator shall submit to the Congress the first plan

developed under subparagraph (A).

(3) Report

(A) Not less than once during each 2 years, the Administrator,

acting through the Associate Administrator for Alcohol Prevention

and Treatment Policy, shall prepare a report describing the

alcoholism and alcohol abuse prevention and treatment programs

undertaken by the Administration and its agencies, and the report

shall include a detailed statement of the expenditures made for

the activities reported on and the personnel used in connection

with such activities.

(B) Each report under subparagraph (A) shall include a

description of any revisions in the plan under paragraph (2) made

during the preceding 2 years.

(C) Each report under subparagraph (A) shall be submitted to

the Administrator for inclusion in the biennial report under

subsection (k) of this section.

(f) Associate Administrator for Women's Services

(1) Appointment

The Administrator, with the approval of the Secretary, shall

appoint an Associate Administrator for Women's Services.

(2) Duties

The Associate Administrator appointed under paragraph (1) shall

-

(A) establish a committee to be known as the Coordinating

Committee for Women's Services (hereafter in this subparagraph

referred to as the "Coordinating Committee"), which shall be

composed of the Directors of the agencies of the Administration

(or the designees of the Directors);

(B) acting through the Coordinating Committee, with respect

to women's substance abuse and mental health services -

(i) identify the need for such services, and make an

estimate each fiscal year of the funds needed to adequately

support the services;

(ii) identify needs regarding the coordination of services;

(iii) encourage the agencies of the Administration to

support such services; and

(iv) assure that the unique needs of minority women,

including Native American, Hispanic, African-American and

Asian women, are recognized and addressed within the

activities of the Administration; and

(C) establish an advisory committee to be known as the

Advisory Committee for Women's Services, which shall be

composed of not more than 10 individuals, a majority of whom

shall be women, who are not officers or employees of the

Federal Government, to be appointed by the Administrator from

among physicians, practitioners, treatment providers, and other

health professionals, whose clinical practice, specialization,

or professional expertise includes a significant focus on

women's substance abuse and mental health conditions, that

shall -

(i) advise the Associate Administrator on appropriate

activities to be undertaken by the agencies of the

Administration with respect to women's substance abuse and

mental health services, including services which require a

multidisciplinary approach;

(ii) collect and review data, including information

provided by the Secretary (including the material referred to

in paragraph (3)), and report biannually to the Administrator

regarding the extent to which women are represented among

senior personnel, and make recommendations regarding

improvement in the participation of women in the workforce of

the Administration; and

(iii) prepare, for inclusion in the biennial report

required pursuant to subsection (k) of this section, a

description of activities of the Committee, including

findings made by the Committee regarding -

(I) the extent of expenditures made for women's substance

abuse and mental health services by the agencies of the

Administration; and

(II) the estimated level of funding needed for substance

abuse and mental health services to meet the needs of

women;

(D) improve the collection of data on women's health by -

(i) reviewing the current data at the Administration to

determine its uniformity and applicability;

(ii) developing standards for all programs funded by the

Administration so that data are, to the extent practicable,

collected and reported using common reporting formats,

linkages and definitions; and

(iii) reporting to the Administrator a plan for

incorporating the standards developed under clause (ii) in

all Administration programs and a plan to assure that the

data so collected are accessible to health professionals,

providers, researchers, and members of the public; and

(E) shall establish, maintain, and operate a program to

provide information on women's substance abuse and mental

health services.

(3) Study

(A) The Secretary, acting through the Assistant Secretary for

Personnel, shall conduct a study to evaluate the extent to which

women are represented among senior personnel at the

Administration.

(B) Not later than 90 days after July 10, 1992, the Assistant

Secretary for Personnel shall provide the Advisory Committee for

Women's Services with a study plan, including the methodology of

the study and any sampling frames. Not later than 180 days after

July 10, 1992, the Assistant Secretary shall prepare and submit

directly to the Advisory Committee a report concerning the

results of the study conducted under subparagraph (A).

(C) The Secretary shall prepare and provide to the Advisory

Committee for Women's Services any additional data as requested.

(4) Definition

For purposes of this subsection, the term "women's substance

abuse and mental health conditions", with respect to women of all

age, ethnic, and racial groups, means all aspects of substance

abuse and mental illness -

(A) unique to or more prevalent among women; or

(B) with respect to which there have been insufficient

services involving women or insufficient data.

(g) Services of experts

(1) In general

The Administrator may obtain (in accordance with section 3109

of title 5, but without regard to the limitation in such section

on the number of days or the period of service) the services of

not more than 20 experts or consultants who have professional

qualifications. Such experts and consultants shall be obtained

for the Administration and for each of its agencies.

(2) Compensation and expenses

(A) Experts and consultants whose services are obtained under

paragraph (1) shall be paid or reimbursed for their expenses

associated with traveling to and from their assignment location

in accordance with sections 5724, 5724a(a), 5724a(c), and 5726(c)

of title 5.

(B) Expenses specified in subparagraph (A) may not be allowed

in connection with the assignment of an expert or consultant

whose services are obtained under paragraph (1), unless and until

the expert or consultant agrees in writing to complete the entire

period of assignment or one year, whichever is shorter, unless

separated or reassigned for reasons beyond the control of the

expert or consultant that are acceptable to the Secretary. If the

expert or consultant violates the agreement, the money spent by

the United States for the expenses specified in subparagraph (A)

is recoverable from the expert or consultant as a debt of the

United States. The Secretary may waive in whole or in part a

right of recovery under this subparagraph.

(h) Peer review groups

The Administrator shall, without regard to the provisions of

title 5 governing appointments in the competitive service, and

without regard to the provisions of chapter 51 and subchapter III

of chapter 53 of such title, relating to classification and General

Schedule pay rates, establish such peer review groups and program

advisory committees as are needed to carry out the requirements of

this subchapter and appoint and pay members of such groups, except

that officers and employees of the United States shall not receive

additional compensation for services as members of such groups. The

Federal Advisory Committee Act shall not apply to the duration of a

peer review group appointed under this subsection.

(i) Voluntary services

The Administrator may accept voluntary and uncompensated

services.

(j) Administration

The Administrator shall ensure that programs and activities

assigned under this subchapter to the Administration are fully

administered by the respective Centers to which such programs and

activities are assigned.

(k) Report concerning activities and progress

Not later than February 10, 1994, and once every 2 years

thereafter, the Administrator shall prepare and submit to the

Committee on Energy and Commerce of the House of Representatives,

and to the Committee on Labor and Human Resources of the Senate,

the report containing -

(1) a description of the activities carried out by the

Administration;

(2) a description of any measurable progress made in improving

the availability and quality of substance abuse and mental health

services;

(3) a description of the mechanisms by which relevant research

findings of the National Institute on Drug Abuse, the National

Institute on Alcohol Abuse and Alcoholism, and the National

Institute of Mental Health have been disseminated to service

providers or otherwise utilized by the Administration to further

the purposes of this subchapter; and

(4) any report required in this subchapter to be submitted to

the Adminstrator (!1) for inclusion in the report under this

subsection.

(l) Applications for grants and contracts

With respect to awards of grants, cooperative agreements, and

contracts under this subchapter, the Administrator, or the Director

of the Center involved, as the case may be, may not make such an

award unless -

(1) an application for the award is submitted to the official

involved;

(2) with respect to carrying out the purpose for which the

award is to be provided, the application provides assurances of

compliance satisfactory to such official; and

(3) the application is otherwise in such form, is made in such

manner, and contains such agreements, assurances, and information

as the official determines to be necessary to carry out the

purpose for which the award is to be provided.

(m) Emergency response

(1) In general

Notwithstanding section 290aa-3 of this title and except as

provided in paragraph (2), the Secretary may use not to exceed

2.5 percent of all amounts appropriated under this subchapter for

a fiscal year to make noncompetitive grants, contracts or

cooperative agreements to public entities to enable such entities

to address emergency substance abuse or mental health needs in

local communities.

(2) Exceptions

Amounts appropriated under part C of this subchapter shall not

be subject to paragraph (1).

(3) Emergencies

The Secretary shall establish criteria for determining that a

substance abuse or mental health emergency exists and publish

such criteria in the Federal Register prior to providing funds

under this subsection.

(n) Limitation on the use of certain information

No information, if an establishment or person supplying the

information or described in it is identifiable, obtained in the

course of activities undertaken or supported under section 290aa-4

of this title may be used for any purpose other than the purpose

for which it was supplied unless such establishment or person has

consented (as determined under regulations of the Secretary) to its

use for such other purpose. Such information may not be published

or released in other form if the person who supplied the

information or who is described in it is identifiable unless such

person has consented (as determined under regulations of the

Secretary) to its publication or release in other form.

(o) Authorization of appropriations

For the purpose of providing grants, cooperative agreements, and

contracts under this section, there are authorized to be

appropriated $25,000,000 for fiscal year 2001, and such sums as may

be necessary for each of the fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 501, formerly Pub. L. 93-282,

title II, Sec. 201, May 14, 1974, 88 Stat. 134, as amended Pub. L.

94-371, Sec. 8, July 26, 1976, 90 Stat. 1040; renumbered Sec. 501

of act July 1, 1944, and amended Pub. L. 98-24, Sec. 2(b)(2), Apr.

26, 1983, 97 Stat. 176; Pub. L. 98-509, title II, Sec. 201, title

III, Sec. 301(c)(1), Oct. 19, 1984, 98 Stat. 2359, 2364; Pub. L.

99-570, title IV, Sec. 4003, Oct. 27, 1986, 100 Stat. 3207-106;

Pub. L. 100-690, title II, Sec. 2058(a)(2), Nov. 18, 1988, 102

Stat. 4213; Pub. L. 101-93, Sec. 3(f), Aug. 16, 1989, 103 Stat.

611; Pub. L. 102-321, title I, Sec. 101(a), July 10, 1992, 106

Stat. 324; Pub. L. 104-201, div. A, title XVII, Sec. 1723(a)(3)(A),

Sept. 23, 1996, 110 Stat. 2759; Pub. L. 106-129, Sec. 2(b)(2), Dec.

6, 1999, 113 Stat. 1670; Pub. L. 106-310, div. B, title XXXI, Sec.

3102, title XXXIV, Sec. 3401(a), Oct. 17, 2000, 114 Stat. 1170,

1218.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (h), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

The Federal Advisory Committee Act, referred to in subsec. (h),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5.

-COD-

CODIFICATION

Section was formerly classified to section 3511 of this title

prior to renumbering by Pub. L. 98-24.

-MISC1-

PRIOR PROVISIONS

A prior section 501 of act July 1, 1944, which was classified to

section 219 of this title, was successively renumbered by

subsequent acts and transferred, see section 238 of this title.

AMENDMENTS

2000 - Subsec. (e)(1). Pub. L. 106-310, Sec. 3401(a), reenacted

heading without change and amended text generally. Prior to

amendment, text read as follows: "There shall be in the

Administration an Associate Administrator for Alcohol Prevention

and Treatment Policy to whom the Administrator shall delegate the

functions of promoting, monitoring, and evaluating service programs

for the prevention and treatment of alcoholism and alcohol abuse

within the Center for Substance Abuse Prevention, the Center for

Substance Abuse Treatment, and the Center for Mental Health

Services, and coordinating such programs among the Centers, and

among the Centers and other public and private entities. The

Associate Administrator also shall ensure that alcohol prevention,

education, and policy strategies are integrated into all programs

of the Centers that address substance abuse prevention, education,

and policy, and that the Center for Substance Abuse Prevention

addresses the Healthy People 2000 goals and the National Dietary

Guidelines of the Department of Health and Human Services and the

Department of Agriculture related to alcohol consumption."

Subsecs. (m) to (o). Pub. L. 106-310, Sec. 3102, added subsecs.

(m) and (n), redesignated former subsec. (m) as (o), and

substituted "2001, and such sums as may be necessary for each of

the fiscal years 2002 and 2003" for "1993, and such sums as may be

necessary for fiscal year 1994" before period at end.

1999 - Subsec. (d)(8), (9). Pub. L. 106-129, which directed the

substitution of "Agency for Healthcare Research and Quality" for

"Agency for Health Care Policy and Research", was executed by

making the substitution for "Agency for Health Care Policy

Research", to reflect the probable intent of Congress.

1996 - Subsec. (g)(2)(A). Pub. L. 104-201 substituted "5724a(a),

5724a(c)" for "5724a(a)(1), 5724a(a)(3)".

1992 - Pub. L. 102-321 amended section generally, substituting

provisions relating to the Substance Abuse and Mental Health

Services Administration for provisions relating to the Alcohol,

Drug Abuse, and Mental Health Administration.

1989 - Subsec. (b)(4). Pub. L. 101-93, Sec. 3(f)(1), substituted

"for" for "of".

Subsec. (j). Pub. L. 101-93, Sec. 3(f)(2), substituted "section

290aa-5 of this title, establish program advisory committees, and

pay members of such groups and committees" for "section 290aa-5 of

this title and appoint and pay members of such groups" and "as

members of such groups or committees" for "as members of such

groups".

1988 - Subsec. (b)(4). Pub. L. 100-690, Sec. 2058(a)(2)(A), added

par. (4).

Subsec. (e)(2). Pub. L. 100-690, Sec. 2058(a)(2)(B), substituted

"Not less than once each three years, the Administrator" for "The

Administrator" and "shall submit" for "shall annually submit".

Subsec. (f). Pub. L. 100-690, Sec. 2058(a)(2)(C), substituted

"misconduct" for "fraud" in heading and two places in text.

Subsecs. (k) to (m). Pub. L. 100-690, Sec. 2058(a)(2)(D), (E),

added subsecs. (k) to (m) and struck out former subsec. (k), which

related to Alcohol, Drug Abuse, and Mental Health Advisory Board,

including its duties, membership, terms of office, compensation,

personnel, chairman, meetings, and reports to Congress.

1986 - Pub. L. 99-570 amended section generally, revising and

restating former subsecs. (a), (b), (c), (d), (e), (f), (g), and

(h) as (c), (d), (k), (h), (e), (f), (g), and (i), respectively,

and adding new subsecs. (a), (b), and (j).

1984 - Pub. L. 98-509, Sec. 301(c)(1), amended directory language

of Pub. L. 98-24, Sec. 2(b)(2). See 1983 Amendment note below.

Subsec. (c). Pub. L. 98-509, Sec. 201(a), substituted provisions

relating to the Alcohol, Drug Abuse, and Mental Health Advisory

Board for provisions relating to the National Panel on Alcohol,

Drug Abuse, and Mental Health.

Subsecs. (g), (h). Pub. L. 98-509, Sec. 201(b), added subsecs.

(g) and (h).

1983 - Pub. L. 98-24, Sec. 2(b)(2), as amended by Pub. L. 98-509,

Sec. 301(c)(1), renumbered section 3511 of this title as this

section.

Subsec. (a). Pub. L. 98-24, Sec. 2(b)(2)(A), struck out "of

Health, Education, and Welfare" after "The Secretary" and

"Department".

Subsec. (c). Pub. L. 98-24, Sec. 2(b)(2)(A), (B), struck out "of

Health, Education, and Welfare" after "The Secretary", and made a

technical amendment to reference to section 218 of this title to

reflect the transfer of this section to the Public Health Service

Act.

Subsec. (d). Pub. L. 98-24, Sec. 2(b)(2)(C), substituted

provisions directing the Administrator to distribute information on

the hazards of alcoholism and the abuse of alcohol and drugs for

provisions directing the Secretary, through the Administration, to

evaluate and make recommendations regarding improved, coordinated

activities, where appropriate, for public education and other

prevention programs with respect to the abuse of alcohol and other

substances.

Subsecs. (e), (f). Pub. L. 98-24, Sec. 2(b)(2)(D), added subsecs.

(e) and (f).

1976 - Subsec. (d). Pub. L. 94-371 added subsec. (d).

-CHANGE-

CHANGE OF NAME

Centers for Disease Control changed to Centers for Disease

Control and Prevention by Pub. L. 102-531, title III, Sec. 312,

Oct. 27, 1992, 106 Stat. 3504.

Section 161 of Pub. L. 102-321 provided that: "Reference in any

other Federal law, Executive order, rule, regulation, or delegation

of authority, or any document of or pertaining to the Alcohol, Drug

Abuse and Mental Health Administration or to the Administrator of

the Alcohol, Drug Abuse and Mental Health Administration shall be

deemed to refer to the Substance Abuse and Mental Health Services

Administration or to the Administrator of the Substance Abuse and

Mental Health Services Administration."

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of Title 5, Government Organization and

Employees.

EFFECTIVE DATE OF 1992 AMENDMENT

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.

TRANSFER PROVISIONS

Subtitle D of title I of Pub. L. 102-321, as amended by Pub. L.

102-352, Sec. 2(b)(1), Aug. 26, 1992, 106 Stat. 939, provided that:

"SEC. 141. TRANSFERS.

"(a) Substance Abuse and Mental Health Services Administration. -

Except as specifically provided otherwise in this Act [see Tables

for classification] or an amendment made by this Act, there are

transferred to the Administrator of the Substance Abuse and Mental

Health Services Administration all service related functions which

the Administrator of the Alcohol, Drug Abuse and Mental Health

Administration, or the Director of any entity within the Alcohol,

Drug Abuse and Mental Health Administration, exercised before the

date of the enactment of this Act [July 10, 1992] and all related

functions of any officer or employee of the Alcohol, Drug Abuse and

Mental Health Administration.

"(b) National Institutes. - Except as specifically provided

otherwise in this Act or an amendment made by this Act, there are

transferred to the appropriate Directors of the National Institute

on Alcohol Abuse and Alcoholism, the National Institute on Drug

Abuse and the National Institute of Mental Health, through the

Director of the National Institutes of Health, all research related

functions which the Administrator of the Alcohol, Drug Abuse and

Mental Health Administration exercised before the date of the

enactment of this Act and all related functions of any officer or

employee of the Alcohol, Drug Abuse, and Mental Health

Administration.

"(c) Adequate Personnel and Resources. - The transfers required

under this subtitle shall be effectuated in a manner that ensures

that the Substance Abuse and Mental Health Services Administration

has adequate personnel and resources to carry out its statutory

responsibilities and that the National Institute on Alcohol Abuse

and Alcoholism, the National Institute on Drug Abuse and the

National Institute of Mental Health have adequate personnel and

resources to enable such institutes to carry out their respective

statutory responsibilities.

"SEC. 142. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND

PERSONNEL.

"(a) Substance Abuse and Mental Health Services Administration. -

Except as otherwise provided in the Public Health Service Act [this

chapter], all personnel employed in connection with, and all

assets, liabilities, contracts, property, records, and unexpended

balances of appropriations, authorizations, allocations, and other

funds employed, used, held, arising from, available to, or to be

made available in connection with the functions transferred to the

Administrator of the Substance Abuse and Mental Health Services

Administration by this subtitle, subject to section 1531 of title

31, United States Code, shall be transferred to the Substance Abuse

and Mental Health Services Administration. Unexpended funds

transferred pursuant to this subsection shall be used only for the

purposes for which the funds were originally authorized and

appropriated.

"(b) National Institutes. - Except as otherwise provided in the

Public Health Service Act, all personnel employed in connection

with, and all assets, liabilities, contracts, property, records,

and unexpended balances of appropriations, authorizations,

allocations, and other funds employed, used, held, arising from,

available to, or to be made available in connection with the

functions transferred to the Directors of the National Institute on

Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse

and the National Institute of Mental Health by this subtitle,

subject to section 1531 of title 31, United States Code, shall be

transferred to the National Institute on Alcohol Abuse and

Alcoholism, the National Institute on Drug Abuse and the National

Institute of Mental Health. Unexpended funds transferred pursuant

to this subsection shall be used only for the purposes for which

the funds were originally authorized and appropriated.

"(c) Custody of Balances. - The actual transfer of custody of

obligation balances is not required in order to implement this

section.

"SEC. 143. INCIDENTAL TRANSFERS.

"Prior to October 1, 1992, the Secretary of Health and Human

Services is authorized to make such determinations as may be

necessary with regard to the functions transferred by this

subtitle, and to make such additional incidental dispositions of

personnel, assets, liabilities, grants, contracts, property,

records, and unexpended balances of appropriations, authorizations,

allocations, and other funds held, used, arising from, available

to, or to be made available in connection with such functions, as

may be necessary to carry out the provisions of this subtitle and

the Public Health Service Act [this chapter]. Such Secretary shall

provide for the termination of the affairs of all entities

terminated by this subtitle and for such further measures and

dispositions as may be necessary to effectuate the purposes of this

subtitle.

"SEC. 144. EFFECT ON PERSONNEL.

"(a) In General. - Except as otherwise provided by this subtitle

and the Public Health Service Act [this chapter], the transfer

pursuant to this subtitle of full-time personnel (except special

Government employees) and part-time personnel holding permanent

positions shall not cause any such employee to be separated or

reduced in grade or compensation for one year after the date of

transfer of such employee under this subtitle.

"(b) Executive Schedule Positions. - Any person who, on the day

preceding the effective date of this Act [see Effective Date of

1992 Amendment note set out under section 236 of this title], held

a position compensated in accordance with the Executive Schedule

prescribed in chapter 53 of title 5, United States Code, and who,

without a break in service, is appointed in the Substance Abuse and

Mental Health Services Administration to a position having duties

comparable to the duties performed immediately preceding such

appointment shall continue to be compensated in such new position

at not less than the rate provided for such previous position, for

the duration of the service of such person in such new position.

"SEC. 145. SAVINGS PROVISIONS.

"(a) Effect on Previous Determinations. - All orders,

determinations, rules, regulations, permits, contracts,

certificates, licenses, and privileges that -

"(1) have been issued, made, granted, or allowed to become

effective by the President, any Federal agency or official

thereof, or by a court of competent jurisdiction, in the

performance of functions which are transferred by this subtitle;

and

"(2) are in effect on the date of enactment of this Act [July

10, 1992];

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law by the President, the Director of the National Institutes of

Health, or the Administrator of the Substance Abuse and Mental

Health Services Administration, as appropriate, a court of

competent jurisdiction, or by operation of law.

"(b) Continuation of Proceedings. -

"(1) In general. - The provisions of this subtitle shall not

affect any proceedings, including notices of proposed rule

making, or any application for any license, permit, certificate,

or financial assistance pending on the date of enactment of this

Act before the Department of Health and Human Services, which

relates to the Alcohol, Drug Abuse and Mental Health

Administration or the National Institute on Alcohol Abuse and

Alcoholism, the National Institute on Drug Abuse, or the National

Institute of Mental Health, or any office thereof with respect to

functions transferred by this subtitle. Such proceedings or

applications, to the extent that they relate to functions

transferred, shall be continued. Orders shall be issued in such

proceedings, appeals shall be taken therefrom, and payments shall

be made under such orders, as if this Act [see Tables for

classification] had not been enacted, and orders issued in any

such proceedings shall continue in effect until modified,

terminated, superseded, or revoked by the Administrator of the

Substance Abuse and Mental Health Services Administration or the

Directors of the National Institute on Alcohol Abuse and

Alcoholism, the National Institute on Drug Abuse and the National

Institute of Mental Health by a court of competent jurisdiction,

or by operation of law. Nothing in this subsection prohibits the

discontinuance or modification of any such proceeding under the

same terms and conditions and to the same extent that such

proceeding could have been discontinued or modified if this

subtitle had not been enacted.

"(2) Regulations. - The Secretary of Health and Human Services

is authorized to issue regulations providing for the orderly

transfer of proceedings continued under paragraph (1).

"(c) Effect on Legal Actions. - Except as provided in subsection

(e) -

"(1) the provisions of this subtitle do not affect actions

commenced prior to the date of enactment of this Act [July 10,

1992]; and

"(2) in all such actions, proceedings shall be had, appeals

taken, and judgments rendered in the same manner and effect as if

this Act had not been enacted.

"(d) No Abatement of Actions or Proceedings. - No action or other

proceeding commenced by or against any officer in his official

capacity as an officer of the Department of Health and Human

Services with respect to functions transferred by this subtitle

shall abate by reason of the enactment of this Act [see Tables for

classification]. No cause of action by or against the Department of

Health and Human Services with respect to functions transferred by

this subtitle, or by or against any officer thereof in his official

capacity, shall abate by reason of the enactment of this Act.

Causes of action and actions with respect to a function transferred

by this subtitle, or other proceedings may be asserted by or

against the United States or the Administrator of the Alcohol, Drug

Abuse and Mental Health Administration or the Directors of the

National Institute on Alcohol Abuse and Alcoholism, the National

Institute on Drug Abuse, and the National Institute of Mental

Health, as may be appropriate, and, in an action pending when this

Act takes effect [see Effective Date of 1992 Amendment note set out

under section 236 of this title], the court may at any time, on its

own motion or that of any party, enter an order which will give

effect to the provisions of this subsection.

"(e) Substitution. - If, before the date of enactment of this Act

[July 10, 1992], the Department of Health and Human Services, or

any officer thereof in the official capacity of such officer, is a

party to an action, and under this subtitle any function of such

Department, Office, or officer is transferred to the Administrator

of the Substance Abuse and Mental Health Services Administration or

the Directors of the National Institute on Alcohol Abuse and

Alcoholism, the National Institute on Drug Abuse and the National

Institute of Mental Health, then such action shall be continued

with the Administrator of the Substance Abuse and Mental Health

Services Administration or the Directors of the National Institute

on Alcohol Abuse and Alcoholism, the National Institute on Drug

Abuse and the National Institute of Mental Health, as the case may

be, substituted or added as a party.

"(f) Judicial Review. - Orders and actions of the Administrator

of the Substance Abuse and Mental Health Services Administration or

the Directors of the National Institute on Alcohol Abuse and

Alcoholism, the National Institute on Drug Abuse and the National

Institute of Mental Health in the exercise of functions transferred

to the Directors by this subtitle shall be subject to judicial

review to the same extent and in the same manner as if such orders

and actions had been by the Administrator of the Alcohol, Drug

Abuse and Mental Health Administration or the Directors of the

National Institute on Alcohol Abuse and Alcoholism, the National

Institute on Drug Abuse, and the National Institute of Mental

Health, or any office or officer thereof, in the exercise of such

functions immediately preceding their transfer. Any statutory

requirements relating to notice, hearings, action upon the record,

or administrative review that apply to any function transferred by

this subtitle shall apply to the exercise of such function by the

Administrator of the Substance Abuse and Mental Health Services

Administration or the Directors.

"SEC. 146. TRANSITION.

"With the consent of the Secretary of Health and Human Services,

the Administrator of the Substance Abuse and Mental Health Services

Administration and the Directors of the National Institute on

Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse

and the National Institute of Mental Health are authorized to

utilize -

"(1) the services of such officers, employees, and other

personnel of the Department with respect to functions transferred

to the Administrator of the Substance Abuse and Mental Health

Services Administration and the Director of the National

Institute on Alcohol Abuse and Alcoholism, the National Institute

on Drug Abuse and the National Institute of Mental Health by this

subtitle; and

"(2) funds appropriated to such functions for such period of

time as may reasonably be needed to facilitate the orderly

implementation of this subtitle.

"SEC. 147. PEER REVIEW.

"With respect to fiscal years 1993 through 1996, the peer review

systems, advisory councils and scientific advisory committees

utilized, or approved for utilization, by the National Institute on

Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse

and the National Institute of Mental Health prior to the transfer

of such Institutes to the National Institute of Health shall be

utilized by such Institutes.

"SEC. 148. MERGERS.

"Notwithstanding the provisions of section 401(c)(2) of the

Public Health Service Act (42 U.S.C. 281(c)(2)), the Secretary of

Health and Human Services may not merge the National Institute on

Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse

or the National Institute of Mental Health with any other institute

or entity (or with each other) within the national research

institutes for a 5-year period beginning on the date of enactment

of this Act [July 10, 1992].

"SEC. 149. CONDUCT OF MULTI-YEAR RESEARCH PROJECTS.

"With respect to multi-year grants awarded prior to fiscal year

1993 by the National Institute on Alcohol Abuse and Alcoholism, the

National Institute on Drug Abuse, and the National Institute of

Mental Health with amounts received under section 1911(b) [former

section 300x(b) of this title], as such section existed one day

prior to the date of enactment of this Act [July 10, 1992], such

grants shall be continued for the entire period of the grant

through the utilization of funds made available pursuant to

sections 464H, 464L, and 464R [sections 285n, 285o, 285p of this

title], as appropriate, subject to satisfactory performance.

"SEC. 150. SEPARABILITY.

"If a provision of this subtitle or its application to any person

or circumstance is held invalid, neither the remainder of this Act

[see Tables for classification] nor the application of the

provision to other persons or circumstances shall be affected.

"SEC. 151. BUDGETARY AUTHORITY.

"With respect to fiscal years 1994 and 1995, the Directors of the

National Institute on Alcohol Abuse and Alcoholism, the National

Institute on Drug Abuse, and the National Institute of Mental

Health shall notwithstanding section 405(a) [section 284(a) of this

title], prepare and submit, directly to the President for review

and transmittal to Congress, an annual budget estimate (including

an estimate of the number and type of personnel needs for the

Institute) for their respective Institutes, after reasonable

opportunity for comment (but without change) by the Secretary of

Health and Human Services, the Director of the National Institutes

of Health, and the Institute's advisory council."

REPORT BY SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

Section 708 of Pub. L. 102-321 directed Administrator of

Substance Abuse and Mental Health Services Administration to submit

to Congress an interim report, not later than 6 months after July

10, 1992, and a final report, not later than Oct. 1, 1993,

concerning current policies and barriers to provision of substance

abuse and mental health services, with emphasis on barriers to

health insurance and Medicaid coverage of such services, and

further directed Secretary of Health and Human Services to

initiate, not later than Jan. 1, 1994, research and demonstration

projects which, consistent with information from reports submitted

by the Administrator, explore alternative mechanisms of providing

health insurance and treatment services for substance abuse and

mental illness.

RELATIONSHIP BETWEEN MENTAL ILLNESS AND SUBSTANCE ABUSE

Section 2071 of Pub. L. 100-690 directed Secretary of Health and

Human Services to conduct a study for the purpose of determining

the relationship between mental illness and substance abuse, and

developing recommendations on the most effective methods of

treatment for individuals with both mental illness and substance

abuse problems, and, not later than 12 months after Nov. 18, 1988,

to complete the study and submit to Congress the findings made as a

result of the study.

REPORT WITH RESPECT TO ADMINISTRATION OF CERTAIN RESEARCH PROGRAMS

Section 2073 of Pub. L. 100-690 directed Secretary of Health and

Human Services to request National Academy of Sciences to conduct a

review of research activities of National Institutes of Health and

the Alcohol, Drug Abuse, and Mental Health Administration and, not

later than 12 months after the date on which any contract requested

is entered into, provide for the completion of the review and

submit to Congress a report describing the findings made as a

result of the review, with Secretary of Health and Human Services

authorized to enter into a contract with National Academy of

Sciences to carry out the review.

CONGRESSIONAL STATEMENT OF POLICY FOR ALCOHOL AND DRUG ABUSE

AMENDMENTS OF 1983

Section 1(b) of Pub. L. 98-24 provided that: "It is the policy of

the United States and the purpose of this Act [see Short Title of

1983 Amendment note set out under section 201 of this title] to

provide leadership in the national effort to reduce the incidence

of alcoholism and alcohol-related problems and drug abuse through -

"(1) a continued Federal commitment to research into the

behavioral and biomedical etiology, the treatment, and the mental

and physical health and social and economic consequences of

alcohol abuse and alcoholism and drug abuse;

"(2) a commitment to -

"(A) extensive dissemination to States, units of local

government, community organizations, and private groups of the

most recent information and research findings with respect to

alcohol abuse and alcoholism and drug abuse, including

information with respect to the application of research

findings; and

"(B) the accomplishment of such dissemination through

up-to-date publications, demonstrations, educational programs,

and other appropriate means;

"(3) the provision of technical assistance to research

personnel; services personnel, and prevention personnel in the

field of alcohol abuse and alcoholism and drug abuse;

"(4) the development and encouragement of prevention programs

designed to combat the spread of alcoholism, alcohol abuse, drug

abuse, and the abuse of other legal and illegal substances;

"(5) the development and encouragement of effective

occupational prevention and treatment programs within Government

and in cooperation with the private sector; and

"(6) the provision of a Federal response to alcohol abuse and

alcoholism and drug abuse which encourages the greatest

participation by the private sector, both financially and

otherwise, and concentrates on carrying out functions relating to

alcohol abuse and alcoholism and drug abuse which are truly

national in scope."

ALCOHOL AND DRUG ABUSE AND MENTAL HEALTH REPORTS BY THE SECRETARY

Section 3 of Pub. L. 98-24 directed Secretary of Health and Human

Services to submit to Congress, on or before Jan. 15, 1984, a

report describing the extent to which Federal and State programs,

departments, and agencies are concerned and are dealing effectively

with problems of alcohol abuse and alcoholism, problems of drug

abuse, and mental illness.

TRANSFER OF BALANCES IN WORKING CAPITAL FUND, NARCOTIC HOSPITALS,

TO SURPLUS FUND

Act July 8, 1947, ch. 210, title II, Sec. 201, 61 Stat. 269,

provided: "That as of June 30, 1947, and the end of each fiscal

year thereafter any balances in the 'Working capital fund, narcotic

hospitals,' in excess of $150,000 shall be transferred to the

surplus fund of the Treasury."

[Section 201 of act July 8, 1947, set out above, was formerly

classified to section 258a of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290bb-1 of this title;

title 20 section 7134.

-FOOTNOTE-

(!1) So in original. Probably should be "Administrator".

-End-

-CITE-

42 USC Sec. 290aa-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Sec. 290aa-1. Advisory councils

-STATUTE-

(a) Appointment

(1) In general

The Secretary shall appoint an advisory council for -

(A) the Substance Abuse and Mental Health Services

Administration;

(B) the Center for Substance Abuse Treatment;

(C) the Center for Substance Abuse Prevention; and

(D) the Center for Mental Health Services.

Each such advisory council shall advise, consult with, and make

recommendations to the Secretary and the Administrator or

Director of the Administration or Center for which the advisory

council 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 -

(A)(i) may on the basis of the materials provided by the

organization respecting activities conducted at the

organization, make recommendations to the Administrator or

Director 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 approval is required under section 290aa-3(d)(2) of

this title and recommend for approval applications for projects

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 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 Administrator or Director, 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 shall consist of nonvoting ex officio

members and not more than 12 members to be appointed by the

Secretary under paragraph (3).

(2) Ex officio members

The ex officio members of an advisory council shall consist of

-

(A) the Secretary;

(B) the Administrator;

(C) the Director of the Center for which the council is

established;

(D) the Under Secretary for Health of the Department of

Veterans Affairs;

(E) the Assistant Secretary for Defense for Health Affairs

(or the designates of such officers); and

(F) such additional officers or employees of the United

States as the Secretary determines necessary for the advisory

council to effectively carry out its functions.

(3) Appointed members

Individuals shall be appointed to an advisory council under

paragraph (1) as follows:

(A) Nine of the members shall be appointed by the Secretary

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 is established.

(B) Three of the members shall be appointed by the Secretary

from the general public and shall include leaders in fields of

public policy, public relations, law, health policy economics,

or management.

(4) Compensation

Members of an advisory council who are officers or employees of

the United States shall not receive any compensation for service

on the advisory council. The remaining members of an advisory

council shall receive, for each day (including travel time) they

are engaged in the performance of the functions of the advisory

council, 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 appointed

under subsection (b) of this section 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 shall

make appointments to an advisory council 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 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 for a

term of 4 years may not be reappointed to an advisory council

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 among the members

under subsection (b) of this section, the Secretary shall make an

appointment to fill such vacancy within 90 days from the date the

vacancy occurs.

(d) Chair

The Secretary shall select a member of an advisory council to

serve as the chair of the council. The Secretary may so select an

individual from among the appointed members, or may select the

Administrator or the Director of the Center involved. The term of

office of the chair shall be 2 years.

(e) Meetings

An advisory council shall meet at the call of the chairperson or

upon the request of the Administrator or Director of the

Administration or Center for which the advisory council is

established, but in no event less than 2 times during each fiscal

year. The location of the meetings of each advisory council shall

be subject to the approval of the Administrator or Director of

Administration or Center for which the council was established.

(f) Executive Secretary and staff

The Administrator or Director of the Administration or Center for

which the advisory council is established shall designate a member

of the staff of the Administration or Center for which the advisory

council is established to serve as the Executive Secretary of the

advisory council. The Administrator or Director shall make

available to the advisory council such staff, information, and

other assistance as it may require to carry out its functions. The

Administrator or Director shall provide orientation and training

for new members of the advisory council to provide for their

effective participation in the functions of the advisory council.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 502, formerly Sec. 505, as

added Pub. L. 99-570, title IV, Sec. 4004(a), Oct. 27, 1986, 100

Stat. 3207-109; amended Pub. L. 100-527, Sec. 10(4), Oct. 25, 1988,

102 Stat. 2641; Pub. L. 101-381, title I, Sec. 102(6), Aug. 18,

1990, 104 Stat. 586; renumbered Sec. 502 and amended Pub. L.

102-321, title I, Sec. 102, July 10, 1992, 106 Stat. 331; Pub. L.

102-352, Sec. 2(a)(6), Aug. 26, 1992, 106 Stat. 938; Pub. L.

103-446, title XII, Sec. 1203(a)(1), Nov. 2, 1994, 108 Stat. 4689;

Pub. L. 106-310, div. B, title XXXIV, Sec. 3402, Oct. 17, 2000, 114

Stat. 1219.)

-COD-

CODIFICATION

Section was formerly classified to section 290aa-3a of this title

prior to renumbering by Pub. L. 102-321.

-MISC1-

PRIOR PROVISIONS

A prior section 290aa-1, act July 1, 1944, ch. 373, title V, Sec.

502, formerly Pub. L. 91-616, title I, Sec. 101, Dec. 31, 1970, 84

Stat. 1848, as amended Pub. L. 93-282, title II, Sec. 203(a), May

14, 1974, 88 Stat. 135; Pub. L. 96-180, Sec. 3, Jan. 2, 1980, 93

Stat. 1302; Pub. L. 97-35, title IX, Sec. 966(a), Aug. 13, 1981, 95

Stat. 595; renumbered Sec. 502 of act July 1, 1944, and amended

Apr. 26, 1983, Pub. L. 98-24, Sec. 2(b)(3), 97 Stat. 177; Oct. 19,

1984, Pub. L. 98-509, title II, Sec. 205(b)(2), 98 Stat. 2361; Oct.

27, 1986, Pub. L. 99-570, title IV, Sec. 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, Sec.

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

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".

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 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.

770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

Pub. L. 93-641, Sec. 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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

CONTINUATION OF EXISTING ADVISORY COUNCILS

Section 4004(b) of Pub. L. 99-570 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 -

"(1) 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 [this section];

"(2) each advisory council shall organize itself in accordance

with such section and exercise the functions prescribed by such

section; and

"(3) the Director of each such institute shall perform for such

advisory council the functions prescribed by such section."

-End-

-CITE-

42 USC Sec. 290aa-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Sec. 290aa-2. Omitted

-COD-

CODIFICATION

Section, act July 1, 1944, ch. 373, title V, Sec. 503, formerly

Sec. 505, as added Pub. L. 98-24, Sec. 2(b)(7), Apr. 26, 1983, 97

Stat. 178; renumbered Sec. 506, Pub. L. 99-570, title IV, Sec.

4004(a), Oct. 27, 1986, 100 Stat. 3207-109; renumbered Sec. 503,

Pub. L. 102-321, title I, Sec. 103, July 10, 1992, 106 Stat. 333,

which required the Secretary of Health and Human Services to submit

triennial reports to Congress on the health consequences of using

alcoholic beverages, the health consequences and extent of drug

abuse in the United States, and current research findings made with

respect to drug abuse, including current findings on the health

effects of marihuana and the addictive property of tobacco,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, pages 92 and 93 of House

Document No. 103-7.

Section was formerly classified to section 290aa-4 of this title

prior to renumbering by Pub. L. 102-321.

A prior section 290aa-2, act July 1, 1944, ch. 373, title V, Sec.

503, formerly Pub. L. 92-255, title IV, Sec. 406(a), title V, Sec.

501, Mar. 21, 1972, 86 Stat. 78, 85; amended Pub. L. 93-282, title

II, Sec. 204, May 14, 1974, 88 Stat. 136; Pub. L. 94-237, Sec.

12(a), Mar. 19, 1976, 90 Stat. 247; Pub. L. 96-181, Sec. 10, Jan.

2, 1980, 93 Stat. 1314; Pub. L. 97-35, title IX, Secs. 968(a),

973(f), Aug. 13, 1981, 95 Stat. 595, 598; renumbered Sec. 503 of

act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, Sec.

2(b)(4), (5), 97 Stat. 177; Oct. 19, 1984, Pub. L. 98-509, title

II, Secs. 202, 205(b)(1), 98 Stat. 2360, 2361; Oct. 27, 1986, Pub.

L. 99-570, title IV, Sec. 4005(b)(2), 100 Stat. 3207-114, related

to National Institute on Drug Abuse, prior to repeal by Pub. L.

102-321, title I, Sec. 101(b), July 10, 1992, 106 Stat. 331. See

section 285o of this title.

A prior section 503 of act July 1, 1944, which was classified to

section 221 of this title, was successively renumbered by

subsequent acts and transferred, see section 238b of this title.

-End-

-CITE-

42 USC Sec. 290aa-2a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Sec. 290aa-2a. Report on individuals with co-occurring mental

illness and substance abuse disorders

-STATUTE-

(a) In general

Not later than 2 years after October 17, 2000, the Secretary

shall, after consultation with organizations representing States,

mental health and substance abuse treatment providers, prevention

specialists, individuals receiving treatment services, and family

members of such individuals, prepare and submit to the Committee on

Health, Education, Labor, and Pensions of the Senate and the

Committee on Commerce of the House of Representatives, a report on

prevention and treatment services for individuals who have

co-occurring mental illness and substance abuse disorders.

(b) Report content

The report under subsection (a) of this section shall be based on

data collected from existing Federal and State surveys regarding

the treatment of co-occurring mental illness and substance abuse

disorders and shall include -

(1) a summary of the manner in which individuals with

co-occurring disorders are receiving treatment, including the

most up-to-date information available regarding the number of

children and adults with co-occurring mental illness and

substance abuse disorders and the manner in which funds provided

under sections 300x and 300x-21 of this title are being utilized,

including the number of such children and adults served with such

funds;

(2) a summary of improvements necessary to ensure that

individuals with co-occurring mental illness and substance abuse

disorders receive the services they need;

(3) a summary of practices for preventing substance abuse among

individuals who have a mental illness and are at risk of having

or acquiring a substance abuse disorder; and

(4) a summary of evidenced-based practices for treating

individuals with co-occurring mental illness and substance abuse

disorders and recommendations for implementing such practices.

(c) Funds for report

The Secretary may obligate funds to carry out this section with

such appropriations as are available.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 503A, as added Pub. L.

106-310, div. B, title XXXIV, Sec. 3406, Oct. 17, 2000, 114 Stat.

1221.)

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC Sec. 290aa-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Sec. 290aa-3. Peer review

-STATUTE-

(a) In general

The Secretary, after consultation with the Administrator, shall

require appropriate peer review of grants, cooperative agreements,

and contracts to be administered through the agency which exceed

the simple acquisition threshold as defined in section 403(11) of

title 41.

(b) Members

The members of any peer review group established under subsection

(a) of this section shall be individuals who by virtue of their

training or experience are eminently qualified to perform the

review functions of the group. Not more than one-fourth of the

members of any such peer review group shall be officers or

employees of the United States.

(c) Advisory council review

If the direct cost of a grant or cooperative agreement (described

in subsection (a) of this section) exceeds the simple acquisition

threshold as defined by section 403(11) of title 41, the Secretary

may make such a grant or cooperative agreement only if such grant

or cooperative agreement is recommended -

(1) after peer review required under subsection (a) of this

section; and

(2) by the appropriate advisory council.

(d) Conditions

The Secretary may establish limited exceptions to the limitations

contained in this section regarding participation of Federal

employees and advisory council approval. The circumstances under

which the Secretary may make such an exception shall be made

public.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 504, formerly Sec. 506, as

added Pub. L. 98-24, Sec. 2(b)(7), Apr. 26, 1983, 97 Stat. 178;

amended Pub. L. 99-158, Sec. 3(c), Nov. 20, 1985, 99 Stat. 879;

renumbered Sec. 507 and amended Pub. L. 99-570, title IV, Secs.

4004(a), 4007, Oct. 27, 1986, 100 Stat. 3207-109, 3207-115;

renumbered Sec. 504 and amended Pub. L. 102-321, title I, Sec. 104,

July 10, 1992, 106 Stat. 333; Pub. L. 102-352, Sec. 2(a)(7), Aug.

26, 1992, 106 Stat. 938; Pub. L. 105-392, title IV, Sec. 412, Nov.

13, 1998, 112 Stat. 3590; Pub. L. 106-310, div. B, title XXXIV,

Sec. 3401(b), Oct. 17, 2000, 114 Stat. 1218.)

-COD-

CODIFICATION

Section was formerly classified to section 290aa-5 of this title

prior to renumbering by Pub. L. 102-321.

-MISC1-

PRIOR PROVISIONS

A prior section 290aa-3, act July 1, 1944, ch. 373, title V, Sec.

504, formerly title IV, Sec. 455, as added May 14, 1974, Pub. L.

93-282, title II, Sec. 202, 88 Stat. 135; amended Oct. 7, 1980,

Pub. L. 96-398, title III, Sec. 325, title IV, Sec. 401(a), title

VIII, Sec. 804(a), 94 Stat. 1596, 1597, 1608; Aug. 13, 1981, Pub.

L. 97-35, title IX, Sec. 902(g)(1), 95 Stat. 560; renumbered title

V, Sec. 504, Apr. 26, 1983, Pub. L. 98-24, Sec. 2(b)(6), 97 Stat.

177; Oct. 19, 1984, Pub. L. 98-509, title II, Secs. 203, 204, 98

Stat. 2360, 2361; Oct. 7, 1985, Pub. L. 99-117, Sec. 11(b), 99

Stat. 495; Oct. 27, 1986, Pub. L. 99-570, title IV, Secs. 4011(a),

4012, 4013, 4021(a), (b)(1), 100 Stat. 3207-115, 3207-116,

3207-124; Nov. 14, 1986, Pub. L. 99-660, title V, Sec. 504, 100

Stat. 3797; Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2057(1),

(2), 102 Stat. 4211, related to National Institute of Mental

Health, prior to repeal by Pub. L. 102-321, title I, Sec. 101(b),

July 10, 1992, 106 Stat. 331. See section 285p of this title.

A prior section 504 of act July 1, 1944, which was classified to

section 222 of this title, was renumbered section 2104 of act July

1, 1944, by Pub. L. 98-24 and transferred to section 300aa-3 of

this title, renumbered section 2304 of act July 1, 1944, by Pub. L.

99-660 and transferred to section 300cc-3 of this title, prior to

repeal by Pub. L. 98-621, Sec. 10(s), Nov. 8, 1984, 98 Stat. 3381.

AMENDMENTS

2000 - Pub. L. 106-310 reenacted section catchline without change

and amended text generally, substituting, in subsec. (a),

provisions requiring, after consultation with the Administrator of

the Substance Abuse and Mental Health Services Administration,

appropriate peer review of grants, cooperative agreements, and

contracts to be administered through the agency that exceed the

simple acquisition threshold as defined in section 403 of title 41

for provisions requiring such peer review after consultation with

the Directors of the Center for Substance Abuse Treatment, the

Center for Substance Abuse Prevention, and the Center for Mental

Health Services, in subsec. (b), provisions relating to members of

peer groups qualified to perform review functions under subsec. (a)

for similar provisions in former subsec. (b) but which included

reference to regulatory establishment of such groups, in subsec.

(c), provisions relating to advisory council review for provisions

relating to requirements and specification of regulations

promulgated under subsec. (a), and in subsec. (d), provisions

relating to Secretary's authority to establish exceptions to the

limitations in section regarding participation of Federal employees

and advisory council approval for provisions relating to

recommendations.

1998 - Subsec. (d)(2). Pub. L. 105-392 substituted "or

cooperative agreement" for "cooperative agreement, or contract"

wherever appearing in introductory provisions.

1992 - Pub. L. 102-352 struck out "by regulation" after "Center

for Mental Health Services, shall" in subsec. (a).

Pub. L. 102-321 amended section generally, substituting

provisions relating to peer review of grants, cooperative

agreements, and contracts administered through the Centers for

Substance Abuse Treatment, Substance Abuse Prevention, and Mental

Health Services for provisions relating to peer review of

biomedical and behavioral research and development grants,

cooperative agreements, and contracts administered through the

National Institutes of Mental Health, Alcohol Abuse and Alcoholism,

and Drug Abuse.

1986 - Subsec. (b). Pub. L. 99-570, Sec. 4007, inserted

"applications made for" before "grants, cooperative" in

introductory text.

1985 - Subsec. (e). Pub. L. 99-158 added subsec. (e).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290aa, 290aa-1 of this

title.

-End-

-CITE-

42 USC Sec. 290aa-3a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Sec. 290aa-3a. Transferred

-COD-

CODIFICATION

Section, act July 1, 1944, ch. 373, title V, Sec. 505, as added

Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4004(a), 100 Stat.

3207-109, and amended, which related to advisory councils for the

National Institute on Alcohol Abuse and Alcoholism, the National

Institute on Drug Abuse, and the National Institute of Mental

Health, was renumbered section 502 of act July 1, 1944, by Pub. L.

102-321, title I, Sec. 102(1), July 10, 1992, 106 Stat. 331, and

transferred to section 290aa-1 of this title.

-End-

-CITE-

42 USC Sec. 290aa-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Sec. 290aa-4. Data collection

-STATUTE-

(a) Requirement of annual collection of data on mental illness and

substance abuse

The Secretary, acting through the Administrator, shall collect

data each year on -

(1) the national incidence and prevalence of the various forms

of mental illness and substance abuse; and

(2) the incidence and prevalence of such various forms in major

metropolitan areas selected by the Administrator.

(b) Requisite areas of data collection on mental health

With respect to the activities of the Administrator under

subsection (a) of this section relating to mental health, the

Administrator shall ensure that such activities include, at a

minimum, the collection of data on -

(1) the number and variety of public and nonprofit private

treatment programs;

(2) the number and demographic characteristics of individuals

receiving treatment through such programs;

(3) the type of care received by such individuals; and

(4) such other data as may be appropriate.

(c) Requisite areas of data collection on substance abuse

(1) With respect to the activities of the Administrator under

subsection (a) of this section relating to substance abuse, the

Administrator shall ensure that such activities include, at a

minimum, the collection of data on -

(A) the number of individuals admitted to the emergency rooms

of hospitals as a result of the abuse of alcohol or other drugs;

(B) the number of deaths occurring as a result of substance

abuse, as indicated in reports by coroners;

(C) the number and variety of public and private nonprofit

treatment programs, including the number and type of patient

slots available;

(D) the number of individuals seeking treatment through such

programs, the number and demographic characteristics of

individuals receiving such treatment, the percentage of

individuals who complete such programs, and, with respect to

individuals receiving such treatment, the length of time between

an individual's request for treatment and the commencement of

treatment;

(E) the number of such individuals who return for treatment

after the completion of a prior treatment in such programs and

the method of treatment utilized during the prior treatment;

(F) the number of individuals receiving public assistance for

such treatment programs;

(G) the costs of the different types of treatment modalities

for drug and alcohol abuse and the aggregate relative costs of

each such treatment modality provided within a State in each

fiscal year;

(H) to the extent of available information, the number of

individuals receiving treatment for alcohol or drug abuse who

have private insurance coverage for the costs of such treatment;

(I) the extent of alcohol and drug abuse among high school

students and among the general population; and

(J) the number of alcohol and drug abuse counselors and other

substance abuse treatment personnel employed in public and

private treatment facilities.

(2) Annual surveys shall be carried out in the collection of data

under this subsection. Summaries and analyses of the data collected

shall be made available to the public.

(d) Development of uniform criteria for data collection

After consultation with the States and with appropriate national

organizations, the Administrator shall develop uniform criteria for

the collection of data, using the best available technology,

pursuant to this section.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 505, formerly Sec. 509D, as

added Pub. L. 100-690, title II, Sec. 2052(a), Nov. 18, 1988, 102

Stat. 4207; amended Pub. L. 101-93, Sec. 3(b), Aug. 16, 1989, 103

Stat. 609; renumbered Sec. 505, Pub. L. 102-321, title I, Sec. 105,

July 10, 1992, 106 Stat. 334; Pub. L. 103-43, title XX, Sec.

2010(b)(7), June 10, 1993, 107 Stat. 214.)

-COD-

CODIFICATION

Section was formerly classified to section 290aa-11 of this title

prior to renumbering by Pub. L. 102-321.

-MISC1-

PRIOR PROVISIONS

A prior section 290aa-4, act July 1, 1944, ch. 373, title V, Sec.

506, formerly Sec. 505, as added Apr. 26, 1983, Pub. L. 98-24, Sec.

2(b)(7), 97 Stat. 178; renumbered Sec. 506, Oct. 27, 1986, Pub. L.

99-570, title IV, Sec. 4004(a), 100 Stat. 3207-109, which related

to reports on alcoholism and alcohol and drug abuse, was renumbered

section 503 of act July 1, 1944, by Pub. L. 102-321 and transferred

to section 290aa-2 of this title.

A prior section 505 of act July 1, 1944, was renumbered section

502 by section 102 of Pub. L. 102-321 and is classified to section

290aa-1 of this title.

Another prior section 505 of act July 1, 1944, which was

classified to section 223 of this title, was renumbered section

2105 of act July 1, 1944, by Pub. L. 98-24 and transferred to

section 300aa-4 of this title, renumbered section 2305 of act July

1, 1944, by Pub. L. 99-660 and transferred to section 300cc-4 of

this title, prior to repeal by Pub. L. 99-117, Sec. 12(f), Oct. 7,

1985, 99 Stat. 495.

AMENDMENTS

1993 - Pub. L. 103-43, Sec. 2010(b)(7), which directed the

substitution of "section 238 of this title" for "section 300aaa of

this title" in section 505(a)(2) of act July 1, 1944 (this

section), could not be executed because the language did not

appear. Amendment was probably intended for prior section 505 which

was renumbered section 502 and amended generally by Pub. L.

102-321, Sec. 102, which is classified to section 290aa-1 of this

title.

1989 - Subsec. (c)(1)(A). Pub. L. 101-93, Sec. 3(b)(1),

substituted "alcohol or" for "alcohol and".

Subsec. (c)(2). Pub. L. 101-93, Sec. 3(b)(2), substituted "this

subsection" for "this section".

REPORTS ON CONSUMPTION OF METHAMPHETAMINE AND OTHER ILLICIT DRUGS

Pub. L. 106-310, div. B, title XXXVI, Sec. 3641, Oct. 17, 2000,

114 Stat. 1237, provided that: "The Secretary of Health and Human

Services shall include in each National Household Survey on Drug

Abuse appropriate prevalence data and information on the

consumption of methamphetamine and other illicit drugs in rural

areas, metropolitan areas, and consolidated metropolitan areas."

PUBLIC HEALTH MONITORING OF METHAMPHETAMINE ABUSE

Pub. L. 104-237, title V, Sec. 502, Oct. 3, 1996, 110 Stat. 3112,

provided that: "The Secretary of Health and Human Services shall

develop a public health monitoring program to monitor

methamphetamine abuse in the United States. The program shall

include the collection and dissemination of data related to

methamphetamine abuse which can be used by public health officials

in policy development."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290aa, 300x-9, 300x-35,

300x-53 of this title.

-End-

-CITE-

42 USC Sec. 290aa-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Sec. 290aa-5. Grants for the benefit of homeless individuals

-STATUTE-

(a) In general

The Secretary shall award grants, contracts and cooperative

agreements to community-based public and private nonprofit entities

for the purposes of providing mental health and substance abuse

services for homeless individuals. In carrying out this section,

the Secretary shall consult with the Interagency Council on the

Homeless, established under section 11311 of this title.

(b) Preferences

In awarding grants, contracts, and cooperative agreements under

subsection (a) of this section, the Secretary shall give a

preference to -

(1) entities that provide integrated primary health, substance

abuse, and mental health services to homeless individuals;

(2) entities that demonstrate effectiveness in serving runaway,

homeless, and street youth;

(3) entities that have experience in providing substance abuse

and mental health services to homeless individuals;

(4) entities that demonstrate experience in providing housing

for individuals in treatment for or in recovery from mental

illness or substance abuse; and

(5) entities that demonstrate effectiveness in serving homeless

veterans.

(c) Services for certain individuals

In awarding grants, contracts, and cooperative agreements under

subsection (a) of this section, the Secretary shall not -

(1) prohibit the provision of services under such subsection to

homeless individuals who are suffering from a substance abuse

disorder and are not suffering from a mental health disorder; and

(2) make payments under subsection (a) of this section to any

entity that has a policy of -

(A) excluding individuals from mental health services due to

the existence or suspicion of substance abuse; or

(B) has a policy of excluding individuals from substance

abuse services due to the existence or suspicion of mental

illness.

(d) Term of the awards

No entity may receive a grant, contract, or cooperative agreement

under subsection (a) of this section for more than 5 years.

(e) Authorization of appropriations

There is authorized to be appropriated to carry out this section,

$50,000,000 for fiscal year 2001, and such sums as may be necessary

for each of the fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 506, formerly Sec. 512, as

added Pub. L. 98-509, title II, Sec. 206(a), Oct. 19, 1984, 98

Stat. 2361; amended Pub. L. 100-77, title VI, Sec. 613(a), (b),

July 22, 1987, 101 Stat. 524; renumbered Sec. 506 and amended Pub.

L. 102-321, title I, Sec. 106, July 10, 1992, 106 Stat. 334; Pub.

L. 106-310, div. B, title XXXII, Sec. 3202, Oct. 17, 2000, 114

Stat. 1190; Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat.

1675.)

-COD-

CODIFICATION

Section was formerly classified to section 290bb-1a of this title

prior to renumbering by Pub. L. 102-321.

-MISC1-

PRIOR PROVISIONS

A prior section 290aa-5, act July 1, 1944, ch. 373, title V, Sec.

507, formerly Sec. 506, as added Apr. 26, 1983, Pub. L. 98-24, Sec.

2(b)(7), 97 Stat. 178; amended Nov. 20, 1985, Pub. L. 99-158, Sec.

3(c), 99 Stat. 879; renumbered Sec. 507 and amended Oct. 27, 1986,

Pub. L. 99-570, title IV, Secs. 4004(a), 4007, 100 Stat. 3207-109,

3207-115, which related to peer review of biomedical and behavioral

research and development grants, was renumbered section 504 of act

July 1, 1944, by Pub. L. 102-321 and transferred to section 290aa-3

of this title.

A prior section 506 of act July 1, 1944, which was classified to

section 224 of this title, was successively renumbered by

subsequent acts, and transferred, see section 238c of this title.

AMENDMENTS

2000 - Pub. L. 106-310 amended section catchline and text

generally, substituting present provisions for provisions, in

subsec. (a), authorizing Secretary to make grants for benefit of

homeless individuals through the Administrator of Substance Abuse

and Mental Health Services Administration, in subsec. (b), relating

to preferences for grants to entities providing integrated primary

health, substance abuse, and mental health services, in subsec.

(c), relating to services for certain individuals, in subsec. (d),

relating to 5-year grants with renewals, and in subsec. (e),

authorizing appropriations for fiscal years 1993 and 1994.

Subsec. (a). Pub. L. 106-400 made technical amendment to

reference in original act which appears in text as reference to

section 11311 of this title.

1992 - Pub. L. 102-321 amended section generally, substituting

provisions relating to grants for benefit of homeless individuals

for provisions relating to alcohol abuse and alcoholism

demonstration projects.

1987 - Subsecs. (c), (d). Pub. L. 100-77 added subsec. (c),

redesignated former subsec. (c) as (d), and substituted "subsection

(a) or (c)" for "subsection (a)".

EFFECTIVE DATE OF 1992 AMENDMENT

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.

-End-

-CITE-

42 USC Sec. 290aa-5a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Sec. 290aa-5a. Alcohol and drug prevention or treatment services

for Indians and Native Alaskans

-STATUTE-

(a) In general

The Secretary shall award grants, contracts, or cooperative

agreements to public and private nonprofit entities, including

Native Alaskan entities and Indian tribes and tribal organizations,

for the purpose of providing alcohol and drug prevention or

treatment services for Indians and Native Alaskans.

(b) Priority

In awarding grants, contracts, or cooperative agreements under

subsection (a) of this section, the Secretary shall give priority

to applicants that -

(1) propose to provide alcohol and drug prevention or treatment

services on reservations;

(2) propose to employ culturally-appropriate approaches, as

determined by the Secretary, in providing such services; and

(3) have provided prevention or treatment services to Native

Alaskan entities and Indian tribes and tribal organizations for

at least 1 year prior to applying for a grant under this section.

(c) Duration

The Secretary shall award grants, contracts, or cooperative

agreements under subsection (a) of this section for a period not to

exceed 5 years.

(d) Application

An entity desiring a grant, contract, or cooperative agreement

under subsection (a) of this section shall submit an application to

the Secretary at such time, in such manner, and accompanied by such

information as the Secretary may reasonably require.

(e) Evaluation

An entity that receives a grant, contract, or cooperative

agreement under subsection (a) of this section shall submit, in the

application for such grant, a plan for the evaluation of any

project undertaken with funds provided under this section. Such

entity shall provide the Secretary with periodic evaluations of the

progress of such project and such evaluation at the completion of

such project as the Secretary determines to be appropriate. The

final evaluation submitted by such entity shall include a

recommendation as to whether such project shall continue.

(f) Report

Not later than 3 years after October 17, 2000, and annually

thereafter, the Secretary shall prepare and submit, to the

Committee on Health, Education, Labor, and Pensions of the Senate,

a report describing the services provided pursuant to this section.

(g) Authorization of appropriations

There are authorized to be appropriated to carry out this

section, $15,000,000 for fiscal year 2001, and such sums as may be

necessary for fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 506A, as added Pub. L.

106-310, div. B, title XXXIII, Sec. 3306, Oct. 17, 2000, 114 Stat.

1215.)

-End-

-CITE-

42 USC Sec. 290aa-5b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Sec. 290aa-5b. Grants for ecstasy and other club drugs abuse

prevention

-STATUTE-

(a) Authority

The Administrator may make grants to, and enter into contracts

and cooperative agreements with, public and nonprofit private

entities to enable such entities -

(1) to carry out school-based programs concerning the dangers

of the abuse of and addiction to 3,4-methylenedioxy

methamphetamine, related drugs, and other drugs commonly referred

to as "club drugs" using methods that are effective and

science-based, including initiatives that give students the

responsibility to create their own anti-drug abuse education

programs for their schools; and

(2) to carry out community-based abuse and addiction prevention

programs relating to 3,4-methylenedioxy methamphetamine, related

drugs, and other club drugs that are effective and science-based.

(b) Use of funds

Amounts made available under a grant, contract or cooperative

agreement under subsection (a) of this section shall be used for

planning, establishing, or administering prevention programs

relating to 3,4-methylenedioxy methamphetamine, related drugs, and

other club drugs.

(c) Use of funds

(1) Discretionary functions

Amounts provided to an entity under this section may be used -

(A) to carry out school-based programs that are focused on

those districts with high or increasing rates of abuse and

addiction to 3,4-methylenedioxy methamphetamine, related drugs,

and other club drugs and targeted at populations that are most

at risk to start abusing these drugs;

(B) to carry out community-based prevention programs that are

focused on those populations within the community that are most

at-risk for abuse of and addiction to 3,4-methylenedioxy

methamphetamine, related drugs, and other club drugs;

(C) to assist local government entities to conduct

appropriate prevention activities relating to

3,4-methylenedioxy methamphetamine, related drugs, and other

club drugs;

(D) to train and educate State and local law enforcement

officials, prevention and education officials, health

professionals, members of community anti-drug coalitions and

parents on the signs of abuse of and addiction to

3,4-methylenedioxy methamphetamine, related drugs, and other

club drugs and the options for treatment and prevention;

(E) for planning, administration, and educational activities

related to the prevention of abuse of and addiction to

3,4-methylenedioxy methamphetamine, related drugs, and other

club drugs;

(F) for the monitoring and evaluation of prevention

activities relating to 3,4-methylenedioxy methamphetamine,

related drugs, and other club drugs and reporting and

disseminating resulting information to the public; and

(G) for targeted pilot programs with evaluation components to

encourage innovation and experimentation with new

methodologies.

(2) Priority

The Administrator shall give priority in awarding grants under

this section to rural and urban areas that are experiencing a

high rate or rapid increases in abuse and addiction to

3,4-methylenedioxy methamphetamine, related drugs, and other club

drugs.

(d) Allocation and report

(1) Prevention program allocation

Not less than $500,000 of the amount appropriated in each

fiscal year to carry out this section shall be made available to

the Administrator, acting in consultation with other Federal

agencies, to support and conduct periodic analyses and

evaluations of effective prevention programs for abuse of and

addiction to 3,4-methylenedioxy methamphetamine, related drugs,

and other club drugs and the development of appropriate

strategies for disseminating information about and implementing

such programs.

(2) Report

The Administrator shall annually prepare and submit to the

Committee on Health, Education, Labor, and Pensions, the

Committee on the Judiciary, and the Committee on Appropriations

of the Senate, and the Committee on Commerce, the Committee on

the Judiciary, and the Committee on Appropriations of the House

of Representatives, a report containing the results of the

analyses and evaluations conducted under paragraph (1).

(e) Authorization of appropriations

There is authorized to be appropriated to carry out this section

-

(1) $10,000,000 for fiscal year 2001; and

(2) such sums as may be necessary for each succeeding fiscal

year.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 506B, as added Pub. L.

106-310, div. B, title XXXVI, Sec. 3665(a), Oct. 17, 2000, 114

Stat. 1244.)

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-MISC1-

FINDINGS

Pub. L. 106-310, div. B, title XXXVI, Sec. 3662, Oct. 17, 2000,

114 Stat. 1241, provided that: "Congress makes the following

findings:

"(1) The illegal importation of 3,4-methylenedioxy

methamphetamine, commonly referred to as 'MDMA' or 'Ecstasy'

(referred to in this subtitle [subtitle C (Secs. 3661-3665) of

title XXXVI of div. B of Pub. L. 106-310, see section 3661 of

Pub. L. 106-310, set out as a Short Title of 2000 Amendment note

under section 201 of this title] as 'Ecstasy'), has increased in

recent years, as evidenced by the fact that Ecstasy seizures by

the United States Customs Service have increased from less than

500,000 tablets during fiscal year 1997 to more than 9,000,000

tablets during the first 9 months of fiscal year 2000.

"(2) Use of Ecstasy can cause long-lasting, and perhaps

permanent, damage to the serotonin system of the brain, which is

fundamental to the integration of information and emotion, and

this damage can cause long-term problems with learning and

memory.

"(3) Due to the popularity and marketability of Ecstasy, there

are numerous Internet websites with information on the effects of

Ecstasy, the production of Ecstasy, and the locations of Ecstasy

use (often referred to as 'raves'). The availability of this

information targets the primary users of Ecstasy, who are most

often college students, young professionals, and other young

people from middle- to high-income families.

"(4) Greater emphasis needs to be placed on -

"(A) penalties associated with the manufacture, distribution,

and use of Ecstasy;

"(B) the education of young people on the negative health

effects of Ecstasy, since the reputation of Ecstasy as a 'safe'

drug is the most dangerous component of Ecstasy;

"(C) the education of State and local law enforcement

agencies regarding the growing problem of Ecstasy trafficking

across the United States;

"(D) reducing the number of deaths caused by Ecstasy use and

the combined use of Ecstasy with other 'club' drugs and

alcohol; and

"(E) adequate funding for research by the National Institute

on Drug Abuse to -

"(i) identify those most vulnerable to using Ecstasy and

develop science-based prevention approaches tailored to the

specific needs of individuals at high risk;

"(ii) understand how Ecstasy produces its toxic effects and

how to reverse neurotoxic damage;

"(iii) develop treatments, including new medications and

behavioral treatment approaches;

"(iv) better understand the effects that Ecstasy has on the

developing children and adolescents; and

"(v) translate research findings into useful tools and

ensure their effective dissemination."

-End-

-CITE-

42 USC Secs. 290aa-6 to 290aa-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Secs. 290aa-6 to 290aa-8. Transferred

-COD-

CODIFICATION

Section 290aa-6, act July 1, 1944, ch. 373, title V, Sec. 508, as

added Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4005(a), 100

Stat. 3207-111, and amended, which related to the Office of

Substance Abuse Prevention, was renumbered section 515 of act July

1, 1944, by Pub. L. 102-321, title I, Sec. 113(b), July 10, 1992,

106 Stat. 345, and transferred to section 290bb-21 of this title.

Section 290aa-7, act July 1, 1944, ch. 373, title V, Sec. 509, as

added Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4005(a), 100

Stat. 3207-112, which related to Alcohol and Drug Abuse Information

Clearinghouse, was renumbered section 516 of act July 1, 1944, by

Pub. L. 102-321, title I, Sec. 113(f)(1)-(3), July 10, 1992, 106

Stat. 345, and transferred to section 290bb-22 of this title.

Section 290aa-8, act July 1, 1944, ch. 373, title V, Sec. 509A,

as added Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4005(a), 100

Stat. 3207-113, and amended, which related to alcohol and drug

abuse prevention, treatment, and rehabilitation model projects for

high risk youth, was renumbered section 517 of act July 1, 1944, by

Pub. L. 102-321, title I, Sec. 114(a), July 10, 1992, 106 Stat.

346, and transferred to section 290bb-23 of this title.

-End-

-CITE-

42 USC Secs. 290aa-9, 290aa-10 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Secs. 290aa-9, 290aa-10. Repealed. Pub. L. 102-321, title I, Sec.

120(a), July 10, 1992, 106 Stat. 358

-MISC1-

Section 290aa-9, act July 1, 1944, ch. 373, title V, Sec. 509B,

as added Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4006, 100

Stat. 3207-114; amended Oct. 27, 1992, Pub. L. 102-531, title III,

Sec. 312(d)(11), 106 Stat. 3505, related to research on public

health emergencies.

Section 290aa-10, act July 1, 1944, ch. 373, title V, Sec. 509C,

as added Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 420 [4020],

100 Stat. 3207-122, related to guidelines for use of animals in

research.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC Sec. 290aa-11 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Sec. 290aa-11. Transferred

-COD-

CODIFICATION

Section, act July 1, 1944, ch. 373, title V, Sec. 509D, as added

Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2052(a), 102 Stat.

4207, and amended, which related to the collection of data on

mental illness and substance abuse, was renumbered section 505 of

act July 1, 1944, by Pub. L. 102-321, title I, Sec. 105, July 10,

1992, 106 Stat. 334, and transferred to section 290aa-4 of this

title.

-End-

-CITE-

42 USC Secs. 290aa-12 to 290aa-14 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part A - Organization and General Authorities

-HEAD-

Secs. 290aa-12 to 290aa-14. Repealed. Pub. L. 102-321, title I,

Sec. 120(a), July 10, 1992, 106 Stat. 358

-MISC1-

Section 290aa-12, act July 1, 1944, ch. 373, title V, Sec. 509E,

as added Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2053, 102

Stat. 4208; amended Aug. 16, 1989, Pub. L. 101-93, Sec. 3(c), 103

Stat. 610; Aug. 15, 1990, Pub. L. 101-374, Sec. 2(a)-(c)(2), 104

Stat. 456, related to reduction of waiting periods for drug abuse

treatment.

Section 290aa-13, act July 1, 1944, ch. 373, title V, Sec. 509F,

as added Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2054, 102

Stat. 4209, related to model projects for pregnant and post partum

women and their infants.

Section 290aa-14, act July 1, 1944, ch. 373, title V, Sec. 509G,

as added Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2055, 102

Stat. 4210; amended Aug. 16, 1989, Pub. L. 101-93, Sec. 3(d), 103

Stat. 610, related to drug abuse demonstration projects of national

significance.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC Part B - Centers and Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

-HEAD-

PART B - CENTERS AND PROGRAMS

-End-

-CITE-

42 USC subpart 1 - center for substance abuse treatment 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 1 - center for substance abuse treatment

-HEAD-

SUBPART 1 - CENTER FOR SUBSTANCE ABUSE TREATMENT

-End-

-CITE-

42 USC Sec. 290bb 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 1 - center for substance abuse treatment

-HEAD-

Sec. 290bb. Center for Substance Abuse Treatment

-STATUTE-

(a) Establishment

There is established in the Administration a Center for Substance

Abuse Treatment (hereafter in this section referred to as the

"Center"). The Center shall be headed by a Director (hereafter in

this section referred to as the "Director") appointed by the

Secretary from among individuals with extensive experience or

academic qualifications in the treatment of substance abuse or in

the evaluation of substance abuse treatment systems.

(b) Duties

The Director of the Center shall -

(1) administer the substance abuse treatment block grant

program authorized in section 300x-21 of this title;

(2) ensure that emphasis is placed on children and adolescents

in the development of treatment programs;

(3) collaborate with the Attorney General to develop programs

to provide substance abuse treatment services to individuals who

have had contact with the Justice system, especially adolescents;

(4) collaborate with the Director of the Center for Substance

Abuse Prevention in order to provide outreach services to

identify individuals in need of treatment services, with emphasis

on the provision of such services to pregnant and postpartum

women and their infants and to individuals who abuse drugs

intravenously;

(5) collaborate with the Director of the National Institute on

Drug Abuse, with the Director of the National Institute on

Alcohol Abuse and Alcoholism, and with the States to promote the

study, dissemination, and implementation of research findings

that will improve the delivery and effectiveness of treatment

services;

(6) collaborate with the Administrator of the Health Resources

and Services Administration and the Administrator of the Health

Care Financing Administration to promote the increased

integration into the mainstream of the health care system of the

United States of programs for providing treatment services;

(7) evaluate plans submitted by the States pursuant to section

300x-32(a)(6) of this title in order to determine whether the

plans adequately provide for the availability, allocation, and

effectiveness of treatment services;

(8) sponsor regional workshops on improving the quality and

availability of treatment services;

(9) provide technical assistance to public and nonprofit

private entities that provide treatment services, including

technical assistance with respect to the process of submitting to

the Director applications for any program of grants or contracts

carried out by the Director;

(10) encourage the States to expand the availability (relative

to fiscal year 1992) of programs providing treatment services

through self-run, self-supported recovery based on the programs

of housing operated pursuant to section 300x-25 of this title;

(11) carry out activities to educate individuals on the need

for establishing treatment facilities within their communities;

(12) encourage public and private entities that provide health

insurance to provide benefits for outpatient treatment services

and other nonhospital-based treatment services;

(13) evaluate treatment programs to determine the quality and

appropriateness of various forms of treatment, which shall be

carried out through grants, contracts, or cooperative agreements

provided to public or nonprofit private entities; and

(14) in carrying out paragraph (13), assess the quality,

appropriateness, and costs of various treatment forms for

specific patient groups.

(c) Grants and contracts

In carrying out the duties established in subsection (b) of this

section, the Director may make grants to and enter into contracts

and cooperative agreements with public and nonprofit private

entities.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 507, as added Pub. L.

102-321, title I, Sec. 107(2), July 10, 1992, 106 Stat. 335;

amended Pub. L. 106-310, div. B, title XXXI, Sec. 3112(a), Oct. 17,

2000, 114 Stat. 1188.)

-MISC1-

PRIOR PROVISIONS

A prior section 290bb, act July 1, 1944, ch. 373, title V, Sec.

510, formerly Pub. L. 91-616, title V, Sec. 501, as added Pub. L.

94-371, Sec. 7, July 26, 1976, 90 Stat. 1038; amended Pub. L.

95-622, title II, Sec. 268(c), (d), Nov. 9, 1978, 92 Stat. 3437;

Pub. L. 96-180, Sec. 14, Jan. 2, 1980, 93 Stat. 1305; renumbered

Sec. 510 of act July 1, 1944, and amended Apr. 26, 1983, Pub. L.

98-24, Sec. 2(b)(9), 97 Stat. 179; Oct. 19, 1984, Pub. L. 98-509,

title II, Secs. 205(a)(1), 206(c)(1), 98 Stat. 2361, 2362, related

to encouragement of alcohol abuse and alcoholism research, prior to

repeal by Pub. L. 102-321, Sec. 122(b)(1). Prior to repeal, section

510(b) of act July 1, 1944, was renumbered section 464H(b) by Pub.

L. 102-321 and transferred to section 285n(b) of this title.

A prior section 507 of act July 1, 1944, which was classified to

section 290aa-5 of this title, was renumbered section 504 of act

July 1, 1944, by Pub. L. 102-321 and transferred to section 290aa-3

of this title.

AMENDMENTS

2000 - Subsec. (b)(2) to (6). Pub. L. 106-310, Sec. 3112(a)(1),

(2), added pars. (2) and (3) and redesignated former pars. (2) to

(4) as (4) to (6), respectively. Former pars. (5) and (6)

redesignated (7) and (8), respectively.

Subsec. (b)(7). Pub. L. 106-310, Sec. 3112(a)(1), (3),

redesignated par. (5) as (7) and substituted "services" for

"services, and monitor the use of revolving loan funds pursuant to

section 300x-25 of this title". Former par. (7) redesignated (9).

Subsec. (b)(8) to (12). Pub. L. 106-310, Sec. 3112(a)(1),

redesignated pars. (6) to (10) as (8) to (12), respectively. Former

pars. (11) and (12) redesignated (13) and (14), respectively.

Subsec. (b)(13). Pub. L. 106-310, Sec. 3112(a)(1), (4),

redesignated par. (11) as (13) and substituted "treatment, which

shall" for "treatment, including the effect of living in housing

provided by programs established under section 300x-25 of this

title, which shall".

Subsec. (b)(14). Pub. L. 106-310, Sec. 3112(a)(1), (5),

redesignated par. (12) as (14) and substituted "paragraph (13)" for

"paragraph (11)".

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC Sec. 290bb-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 1 - center for substance abuse treatment

-HEAD-

Sec. 290bb-1. Residential treatment programs for pregnant and

postpartum women

-STATUTE-

(a) In general

The Director of the Center for Substance Abuse Treatment shall

provide awards of grants, cooperative agreement, or contracts to

public and nonprofit private entities for the purpose of providing

to pregnant and postpartum women treatment for substance abuse

through programs in which, during the course of receiving treatment

-

(1) the women reside in facilities provided by the programs;

(2) the minor children of the women reside with the women in

such facilities, if the women so request; and

(3) the services described in subsection (d) of this section

are available to or on behalf of the women.

(b) Availability of services for each participant

A funding agreement for an award under subsection (a) of this

section for an applicant is that, in the program operated pursuant

to such subsection -

(1) treatment services and each supplemental service will be

available through the applicant, either directly or through

agreements with other public or nonprofit private entities; and

(2) the services will be made available to each woman admitted

to the program.

(c) Individualized plan of services

A funding agreement for an award under subsection (a) of this

section for an applicant is that -

(1) in providing authorized services for an eligible woman

pursuant to such subsection, the applicant will, in consultation

with the women, prepare an individualized plan for the provision

to the woman of the services; and

(2) treatment services under the plan will include -

(A) individual, group, and family counseling, as appropriate,

regarding substance abuse; and

(B) follow-up services to assist the woman in preventing a

relapse into such abuse.

(d) Required supplemental services

In the case of an eligible woman, the services referred to in

subsection (a)(3) of this section are as follows:

(1) Prenatal and postpartum health care.

(2) Referrals for necessary hospital services.

(3) For the infants and children of the woman -

(A) pediatric health care, including treatment for any

perinatal effects of maternal substance abuse and including

screenings regarding the physical and mental development of the

infants and children;

(B) counseling and other mental health services, in the case

of children; and

(C) comprehensive social services.

(4) Providing supervision of children during periods in which

the woman is engaged in therapy or in other necessary health or

rehabilitative activities.

(5) Training in parenting.

(6) Counseling on the human immunodeficiency virus and on

acquired immune deficiency syndrome.

(7) Counseling on domestic violence and sexual abuse.

(8) Counseling on obtaining employment, including the

importance of graduating from a secondary school.

(9) Reasonable efforts to preserve and support the family units

of the women, including promoting the appropriate involvement of

parents and others, and counseling the children of the women.

(10) Planning for and counseling to assist reentry into

society, both before and after discharge, including referrals to

any public or nonprofit private entities in the community

involved that provide services appropriate for the women and the

children of the women.

(11) Case management services, including -

(A) assessing the extent to which authorized services are

appropriate for the women and their children;

(B) in the case of the services that are appropriate,

ensuring that the services are provided in a coordinated

manner; and

(C) assistance in establishing eligibility for assistance

under Federal, State, and local programs providing health

services, mental health services, housing services, employment

services, educational services, or social services.

(e) Minimum qualifications for receipt of award

(1) Certification by relevant State agency

With respect to the principal agency of the State involved that

administers programs relating to substance abuse, the Director

may make an award under subsection (a) of this section to an

applicant only if the agency has certified to the Director that -

(A) the applicant has the capacity to carry out a program

described in subsection (a) of this section;

(B) the plans of the applicant for such a program are

consistent with the policies of such agency regarding the

treatment of substance abuse; and

(C) the applicant, or any entity through which the applicant

will provide authorized services, meets all applicable State

licensure or certification requirements regarding the provision

of the services involved.

(2) Status as medicaid provider

(A) Subject to subparagraphs (B) and (C), the Director may make

an award under subsection (a) of this section only if, in the

case of any authorized service that is available pursuant to the

State plan approved under title XIX of the Social Security Act

[42 U.S.C. 1396 et seq.] for the State involved -

(i) the applicant for the award will provide the service

directly, and the applicant has entered into a participation

agreement under the State plan and is qualified to receive

payments under such plan; or

(ii) the applicant will enter into an agreement with a public

or nonprofit private entity under which the entity will provide

the service, and the entity has entered into such a

participation agreement plan and is qualified to receive such

payments.

(B)(i) In the case of an entity making an agreement pursuant to

subparagraph (A)(ii) regarding the provision of services, the

requirement established in such subparagraph regarding a

participation agreement shall be waived by the Director if the

entity does not, in providing health care services, impose a

charge or accept reimbursement available from any third-party

payor, including reimbursement under any insurance policy or

under any Federal or State health benefits plan.

(ii) A determination by the Director of whether an entity

referred to in clause (i) meets the criteria for a waiver under

such clause shall be made without regard to whether the entity

accepts voluntary donations regarding the provision of services

to the public.

(C) With respect to any authorized service that is available

pursuant to the State plan described in subparagraph (A), the

requirements established in such subparagraph shall not apply to

the provision of any such service by an institution for mental

diseases to an individual who has attained 21 years of age and

who has not attained 65 years of age. For purposes of the

preceding sentence, the term "institution for mental diseases"

has the meaning given such term in section 1905(i) of the Social

Security Act [42 U.S.C. 1396d(i)].

(f) Requirement of matching funds

(1) In general

With respect to the costs of the program to be carried out by

an applicant pursuant to subsection (a) of this section, a

funding agreement for an award under such subsection is that the

applicant will make available (directly or through donations from

public or private entities) non-Federal contributions toward such

costs in an amount that -

(A) for the first fiscal year for which the applicant

receives payments under an award under such subsection, is not

less than $1 for each $9 of Federal funds provided in the

award;

(B) for any second such fiscal year, is not less than $1 for

each $9 of Federal funds provided in the award; and

(C) for any subsequent such fiscal year, is not less than $1

for each $3 of Federal funds provided in the award.

(2) Determination of amount contributed

Non-Federal contributions required in paragraph (1) may be in

cash or in kind, fairly evaluated, including plant, equipment, or

services. Amounts provided by the Federal Government, or services

assisted or subsidized to any significant extent by the Federal

Government, may not be included in determining the amount of such

non-Federal contributions.

(g) Outreach

A funding agreement for an award under subsection (a) of this

section for an applicant is that the applicant will provide

outreach services in the community involved to identify women who

are engaging in substance abuse and to encourage the women to

undergo treatment for such abuse.

(h) Accessibility of program; cultural context of services

A funding agreement for an award under subsection (a) of this

section for an applicant is that -

(1) the program operated pursuant to such subsection will be

operated at a location that is accessible to low-income pregnant

and postpartum women; and

(2) authorized services will be provided in the language and

the cultural context that is most appropriate.

(i) Continuing education

A funding agreement for an award under subsection (a) of this

section is that the applicant involved will provide for continuing

education in treatment services for the individuals who will

provide treatment in the program to be operated by the applicant

pursuant to such subsection.

(j) Imposition of charges

A funding agreement for an award under subsection (a) of this

section for an applicant is that, if a charge is imposed for the

provision of authorized services to on (!1) behalf of an eligible

woman, such charge -

(1) will be made according to a schedule of charges that is

made available to the public;

(2) will be adjusted to reflect the income of the woman

involved; and

(3) will not be imposed on any such woman with an income of

less than 185 percent of the official poverty line, as

established by the Director of the Office for Management and

Budget and revised by the Secretary in accordance with section

9902(2) of this title.

(k) Reports to Director

A funding agreement for an award under subsection (a) of this

section is that the applicant involved will submit to the Director

a report -

(1) describing the utilization and costs of services provided

under the award;

(2) specifying the number of women served, the number of

infants served, and the type and costs of services provided; and

(3) providing such other information as the Director determines

to be appropriate.

(l) Requirement of application

The Director may make an award under subsection (a) of this

section only if an application for the award is submitted to the

Director containing such agreements, and the application is in such

form, is made in such manner, and contains such other agreements

and such assurances and information as the Director determines to

be necessary to carry out this section.

(m) Equitable allocation of awards

In making awards under subsection (a) of this section, the

Director shall ensure that the awards are equitably allocated among

the principal geographic regions of the United States, subject to

the availability of qualified applicants for the awards.

(n) Duration of award

The period during which payments are made to an entity from an

award under subsection (a) of this section may not exceed 5 years.

The provision of such payments shall be subject to annual approval

by the Director of the payments and subject to the availability of

appropriations for the fiscal year involved to make the payments.

This subsection may not be construed to establish a limitation on

the number of awards under such subsection that may be made to an

entity.

(o) Evaluations; dissemination of findings

The Director shall, directly or through contract, provide for the

conduct of evaluations of programs carried out pursuant to

subsection (a) of this section. The Director shall disseminate to

the States the findings made as a result of the evaluations.

(p) Reports to Congress

Not later than October 1, 1994, the Director shall submit to the

Committee on Energy and Commerce of the House of Representatives,

and to the Committee on Labor and Human Resources of the Senate, a

report describing programs carried out pursuant to this section.

Every 2 years thereafter, the Director shall prepare a report

describing such programs carried out during the preceding 2 years,

and shall submit the report to the Administrator for inclusion in

the biennial report under section 290aa(k) of this title. Each

report under this subsection shall include a summary of any

evaluations conducted under subsection (m) of this section during

the period with respect to which the report is prepared.

(q) Definitions

For purposes of this section:

(1) The term "authorized services" means treatment services and

supplemental services.

(2) The term "eligible woman" means a woman who has been

admitted to a program operated pursuant to subsection (a) of this

section.

(3) The term "funding agreement under subsection (a)" of this

section, with respect to an award under subsection (a) of this

section, means that the Director may make the award only if the

applicant makes the agreement involved.

(4) The term "treatment services" means treatment for substance

abuse, including the counseling and services described in

subsection (c)(2) of this section.

(5) The term "supplemental services" means the services

described in subsection (d) of this section.

(r) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary to

fiscal years 2001 through 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 508, as added Pub. L.

102-321, title I, Sec. 108(a), July 10, 1992, 106 Stat. 336;

amended Pub. L. 106-310, div. B, title XXXIII, Sec. 3301(a), Oct.

17, 2000, 114 Stat. 1207.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (e)(2)(A), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the

Act is classified generally to subchapter XIX (Sec. 1396 et seq.)

of chapter 7 of this title. For complete classification of this Act

to the Code, see section 1305 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 290bb-1, act July 1, 1944, ch. 373, title V, Sec.

511, formerly Pub. L. 91-616, title V, Sec. 503, formerly Sec. 504,

as added Pub. L. 94-371, Sec. 7, July 26, 1976, 90 Stat. 1039;

amended Pub. L. 95-622, title I, Sec. 110(d), Nov. 9, 1978, 92

Stat. 3420; Pub. L. 96-180, Sec. 16, Jan. 2, 1980, 93 Stat. 1305;

renumbered Sec. 503 of Pub. L. 91-616 and amended Pub. L. 97-35,

title IX, Sec. 965(b), (c), Aug. 13, 1981, 95 Stat. 594; renumbered

Sec. 511 of act July 1, 1944, and amended Apr. 26, 1983, Pub. L.

98-24, Sec. 2(b)(9), 97 Stat. 179; Oct. 27, 1986, Pub. L. 99-570,

title IV, Sec. 4008, 100 Stat. 3207-115, which related to National

Alcohol Research Centers and a mandatory grant for research of the

effects of alcohol on the elderly, was renumbered section 464J of

title IV of act July 1, 1944, by Pub. L. 102-321 and transferred to

section 285n-2 of this title.

A prior section 508 of act July 1, 1944, which was classified to

section 290aa-6 of this title, was renumbered section 515 of act

July 1, 1944, by Pub. L. 102-321 and transferred to section

290bb-21 of this title.

AMENDMENTS

2000 - Subsec. (r). Pub. L. 106-310 reenacted heading without

change and amended text generally, substituting provisions

authorizing appropriations for fiscal years 2001 to 2003 for

provisions authorizing appropriations for fiscal years 1993 and

1994 and authorizing appropriations from the special forfeiture

fund of the Director of the Office of National Drug Control Policy.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

TRANSITIONAL AND SAVINGS PROVISIONS

Section 108(b) of Pub. L. 102-321 provided that:

"(1) Savings provision for completion of current projects. -

"(A) Subject to paragraph (2), in the case of any project for

which a grant under former section 509F [former 42 U.S.C.

290aa-13] was provided for fiscal year 1992, the Secretary of

Health and Human Services may continue in effect the grant for

fiscal year 1993 and subsequent fiscal years, subject to the

duration of any such grant not exceeding the period determined by

the Secretary in first approving the grant. Subject to approval

by the Administrator, such grants may be administered by the

Center for Substance Abuse Prevention.

"(B) Subparagraph (A) shall apply with respect to a project

notwithstanding that the project is not eligible to receive a

grant under current section 508 or 509 [42 U.S.C. 290bb-1,

290bb-2].

"(2) Limitation on funding for certain projects. - With respect

to the amounts appropriated for any fiscal year under current

section 508, any such amounts appropriated in excess of the amount

appropriated for fiscal year 1992 under former section 509F shall

be available only for grants under current section 508.

"(3) Definitions. - For purposes of this subsection:

"(A) The term 'former section 509F' means section 509F of the

Public Health Service Act [former 42 U.S.C. 290aa-13], as in

effect for fiscal year 1992.

"(B) The term 'current section 508' means section 508 of the

Public Health Service Act [42 U.S.C. 290bb-1], as in effect for

fiscal year 1993 and subsequent fiscal years.

"(C) The term 'current section 509' means section 509 of the

Public Health Service Act [42 U.S.C. 290bb-2], as in effect for

fiscal year 1993 and subsequent fiscal years."

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "or".

-End-

- -HEAD-

Sec. 300a-6a. Repealed. Pub. L. 105-362, title VI, Sec.

601(a)(1)(G), Nov. 10, 1998, 112 Stat. 3285

-MISC1-

Section, act July 1, 1944, ch. 373, title X, Sec. 1009, as added

Pub. L. 94-63, title II, Sec. 203(a), July 29, 1975, 89 Stat. 307;

amended Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93

Stat. 695; Pub. L. 104-66, title I, Sec. 1062(c), Dec. 21, 1995,

109 Stat. 720, related to plans and reports concerning family

planning services.

-End-

-CITE-

42 USC Sec. 300a-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300a-7. Sterilization or abortion

-STATUTE-

(a) Omitted

(b) Prohibition of public officials and public authorities from

imposition of certain requirements contrary to religious beliefs

or moral convictions

The receipt of any grant, contract, loan, or loan guarantee under

the Public Health Service Act [42 U.S.C. 201 et seq.], the

Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or

the Developmental Disabilities Services and Facilities Construction

Act [42 U.S.C. 6000 et seq.] by any individual or entity does not

authorize any court or any public official or other public

authority to require -

(1) such individual to perform or assist in the performance of

any sterilization procedure or abortion if his performance or

assistance in the performance of such procedure or abortion would

be contrary to his religious beliefs or moral convictions; or

(2) such entity to -

(A) make its facilities available for the performance of any

sterilization procedure or abortion if the performance of such

procedure or abortion in such facilities is prohibited by the

entity on the basis of religious beliefs or moral convictions,

or

(B) provide any personnel for the performance or assistance

in the performance of any sterilization procedure or abortion

if the performance or assistance in the performance of such

procedures or abortion by such personnel would be contrary to

the religious beliefs or moral convictions of such personnel.

(c) Discrimination prohibition

(1) No entity which receives a grant, contract, loan, or loan

guarantee under the Public Health Service Act [42 U.S.C. 201 et

seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et

seq.], or the Developmental Disabilities Services and Facilities

Construction Act [42 U.S.C. 6000 et seq.] after June 18, 1973, may

-

(A) discriminate in the employment, promotion, or termination

of employment of any physician or other health care personnel, or

(B) discriminate in the extension of staff or other privileges

to any physician or other health care personnel,

because he performed or assisted in the performance of a lawful

sterilization procedure or abortion, because he refused to perform

or assist in the performance of such a procedure or abortion on the

grounds that his performance or assistance in the performance of

the procedure or abortion would be contrary to his religious

beliefs or moral convictions, or because of his religious beliefs

or moral convictions respecting sterilization procedures or

abortions.

(2) No entity which receives after July 12, 1974, a grant or

contract for biomedical or behavioral research under any program

administered by the Secretary of Health and Human Services may -

(A) discriminate in the employment, promotion, or termination

of employment of any physician or other health care personnel, or

(B) discriminate in the extension of staff or other privileges

to any physician or other health care personnel,

because he performed or assisted in the performance of any lawful

health service or research activity, because he refused to perform

or assist in the performance of any such service or activity on the

grounds that his performance or assistance in the performance of

such service or activity would be contrary to his religious beliefs

or moral convictions, or because of his religious beliefs or moral

convictions respecting any such service or activity.

(d) Individual rights respecting certain requirements contrary to

religious beliefs or moral convictions

No individual shall be required to perform or assist in the

performance of any part of a health service program or research

activity funded in whole or in part under a program administered by

the Secretary of Health and Human Services if his performance or

assistance in the performance of such part of such program or

activity would be contrary to his religious beliefs or moral

convictions.

(e) Prohibition on entities receiving Federal grant, etc., from

discriminating against applicants for training or study because

of refusal of applicant to participate on religious or moral

grounds

No entity which receives, after September 29, 1979, any grant,

contract, loan, loan guarantee, or interest subsidy under the

Public Health Service Act [42 U.S.C. 201 et seq.], the Community

Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the

Developmental Disabilities Assistance and Bill of Rights Act of

2000 [42 U.S.C. 15001 et seq.] may deny admission or otherwise

discriminate against any applicant (including applicants for

internships and residencies) for training or study because of the

applicant's reluctance, or willingness, to counsel, suggest,

recommend, assist, or in any way participate in the performance of

abortions or sterilizations contrary to or consistent with the

applicant's religious beliefs or moral convictions.

-SOURCE-

(Pub. L. 93-45, title IV, Sec. 401, June 18, 1973, 87 Stat. 95;

Pub. L. 93-348, title II, Sec. 214, July 12, 1974, 88 Stat. 353;

Pub. L. 96-76, title II, Sec. 208, Sept. 29, 1979, 93 Stat. 583;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;

Pub. L. 106-402, title IV, Sec. 401(b)(5), Oct. 30, 2000, 114 Stat.

1738.)

-REFTEXT-

REFERENCES IN TEXT

The Public Health Service Act, referred to in subsecs. (b),

(c)(1), and (e), is act July 1, 1944, ch. 373, 58 Stat. 682, as

amended, which is classified generally to this chapter (Sec. 201 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 201 of this title and

Tables.

The Community Mental Health Centers Act, referred to in subsecs.

(b), (c)(1), and (e), is title II of Pub. L. 88-164, as added Pub.

L. 94-63, title III, Sec. 303, July 29, 1975, 89 Stat. 309, and

amended, which was classified principally to subchapter III (Sec.

2689 et seq.) of chapter 33 of this title prior to its repeal by

Pub. L. 97-35, title IX, Sec. 902(e)(2)(B), Aug. 13, 1981, 95 Stat.

560.

The Developmental Disabilities Services and Facilities

Construction Act, referred to in subsecs. (b) and (c)(1), is title

I of Pub. L. 88-164, Oct. 31, 1963, 77 Stat. 282, as renamed by

Pub. L. 91-518, title II, Sec. 207(a), Oct. 30, 1970, 84 Stat.

1327. Title I of Pub. L. 88-164, which was subsequently renamed the

Developmental Disabilities Assistance and Bill of Rights Act by

Pub. L. 95-602, title V, Sec. 502, Nov. 6, 1978, 92 Stat. 3003, and

amended generally by Pub. L. 98-527, Sec. 2, Oct. 19, 1984, 98

Stat. 2662, was classified generally to chapter 75 (Sec. 6000 et

seq.) of this title, prior to repeal by Pub. L. 106-402, title IV,

Sec. 401(a), Oct. 30, 2000, 114 Stat. 1737. For complete

classification of this Act to the Code, see Tables.

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsec. (e), is Pub. L. 106-402, Oct. 30,

2000, 114 Stat. 1677, which is classified principally to chapter

144 (Sec. 15001 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

15001 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of Health Programs Extension Act of

1973, and not as part of Public Health Services Act which comprises

this chapter.

Subsec. (a) of this section amended section 601 of Pub. L.

91-296, which is set out as an Availability of Appropriations note

under section 201 of this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-402 substituted "or the

Developmental Disabilities Assistance and Bill of Rights Act of

2000 may deny" for "or the Developmental Disabilities Assistance

and Bill of Rights Act may deny".

1979 - Subsec. (e). Pub. L. 96-76 added subsec. (e).

1974 - Subsec. (c). Pub. L. 93-348, Sec. 214, designated existing

provisions as par. (1), redesignated pars. (1) and (2) of such

provisions as subpars. (A) and (B), and added par. (2).

Subsec. (d). Pub. L. 93-348, Sec. 214(b), added subsec. (d).

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsecs. (c)(2)

and (d), pursuant to section 509(b) of Pub. L. 96-88 which is

classified to section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 300a-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

-HEAD-

Sec. 300a-8. Penalty for United States, etc., officer or employee

coercing or endeavoring to coerce procedure upon beneficiary of

Federal program

-STATUTE-

Any -

(1) officer or employee of the United States,

(2) officer or employee of any State, political subdivision of

a State, or any other entity, which administers or supervises the

administration of any program receiving Federal financial

assistance, or

(3) person who receives, under any program receiving Federal

financial assistance, compensation for services,

who coerces or endeavors to coerce any person to undergo an

abortion or sterilization procedure by threatening such person with

the loss of, or disqualification for the receipt of, any benefit or

service under a program receiving Federal financial assistance

shall be fined not more than $1,000 or imprisoned for not more than

one year, or both.

-SOURCE-

(Pub. L. 94-63, title II, Sec. 205, July 29, 1975, 89 Stat. 308.)

-COD-

CODIFICATION

Section was enacted as part of the Family Planning and Population

Research Act of 1975, and not as part of the Public Health Service

Act which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1975, see section 608 of Pub. L. 94-63,

set out as an Effective Date of 1975 Amendment note under section

247b of this title.

-End-

-CITE-

42 USC SUBCHAPTER VIII-A - ADOLESCENT PREGNANCIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

-HEAD-

SUBCHAPTER VIII-A - ADOLESCENT PREGNANCIES

-End-

-CITE-

42 USC Part A - Grant Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

Part A - Grant Program

-HEAD-

PART A - GRANT PROGRAM

-End-

-CITE-

42 USC Secs. 300a-21 to 300a-28 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

Part A - Grant Program

-HEAD-

Secs. 300a-21 to 300a-28. Repealed. Pub. L. 97-35, title IX, Sec.

955(b), title XXI, Sec. 2193(f), Aug. 13, 1981, 95 Stat. 592, 828

-MISC1-

Section 300a-21, Pub. L. 95-626, title VI, Sec. 601, Nov. 10,

1978, 92 Stat. 3595, set forth Congressional findings and

declaration of purpose with respect to grant program.

Section 300a-22, Pub. L. 95-626, title VI, Sec. 602, Nov. 10,

1978, 92 Stat. 3595; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17,

1979, 93 Stat. 695, defined terms "Secretary", "eligible person",

"eligible grant recipient", "core services", "supplemental

services", "adolescent parent".

Section 300a-23, Pub. L. 95-626, title VI, Sec. 603, Nov. 10,

1978, 92 Stat. 3596, set forth authority to make grants.

Section 300a-24, Pub. L. 95-626, title VI, Sec. 604, Nov. 10,

1978, 92 Stat. 3597, set forth authorized uses for grants.

Section 300a-25, Pub. L. 95-626, title VI, Sec. 605, Nov. 10,

1978, 92 Stat. 3597, set forth provisions respecting priorities,

amounts, and duration of grants.

Section 300a-26, Pub. L. 95-626, title VI, Sec. 606, Nov. 10,

1978, 92 Stat. 3598, set forth application, etc., requirements for

grant approval.

Section 300a-27, Pub. L. 95-626, title VI, Sec. 607, Nov. 10,

1978, 92 Stat. 3601; Pub. L. 97-35, title XXI, Sec. 2193(a)(2),

Aug. 13, 1981, 95 Stat. 827, authorized appropriations from fiscal

year ending Sept. 30, 1979, through fiscal year ending Sept. 30,

1982.

Section 300a-28, Pub. L. 95-626, title VI, Sec. 608, Nov. 10,

1978, 92 Stat. 3601, set forth prohibition respecting use of funds

to pay for performance of abortion.

See section 300z et seq. of this title.

EFFECTIVE DATE OF REPEAL

Section 955(b) of Pub. L. 97-35 provided that the repeal of

sections 300a-21 to 300a-28 of this title is effective Oct. 1,

1981.

For effective date, savings, and transitional provisions relating

to the repeal of sections 321a-21 to 321a-28 of this title by

section 2193(f) of Pub. L. 97-35, and relating to the amendment of

section 300a-27 of this title by section 2193(a)(2) of Pub. L.

97-35, see section 2194 of Pub. L. 97-35, set out as a note under

section 701 of this title.

STUDY OF ADOLESCENT PREGNANCY; REPORT NOT LATER THAN NOVEMBER 10,

1979

Pub. L. 95-626, title VIII, Sec. 801, Nov. 10, 1978, 92 Stat.

3602, which provided for a study of the problem of adolescent

pregnancies and the effectiveness of existing programs and a

report, was repealed by section 955(b) of Pub. L. 97-35.

-End-

-CITE-

42 USC Sec. 300a-29 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

Part A - Grant Program

-HEAD-

Sec. 300a-29. Omitted

-COD-

CODIFICATION

Section, Pub. L. 95-626, title III, Sec. 301, Nov. 10, 1978, 92

Stat. 3590, provided that grants or contracts made under this

subchapter would be considered to have been made under this chapter

for the purposes of sections 300l-2(e) and 300m-3(c)(6) of this

title.

-End-

-CITE-

42 USC Part B - Improving Coordination of Federal and

State Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

Part B - Improving Coordination of Federal and State Programs

-HEAD-

PART B - IMPROVING COORDINATION OF FEDERAL AND STATE PROGRAMS

-End-

-CITE-

42 USC Sec. 300a-41 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER VIII09A - ADOLESCENT PREGNANCIES

Part B - Improving Coordination of Federal and State Programs

-HEAD-

Sec. 300a-41. Repealed. Pub. L. 97-35, title IX, Sec. 955(b), title

XXI, Sec. 2193(f), Aug. 13, 1981, 95 Stat. 592, 828

-MISC1-

Section, Pub. L. 95-626, title VII, Sec. 701, Nov. 10, 1978, 92

Stat. 3601; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93

Stat. 695, related to improving coordination of Federal and State

policies and programs.

EFFECTIVE DATE OF REPEAL

Section 955(b) of Pub. L. 97-35 provided that the repeal of this

section is effective Oct. 1, 1981.

For effective date, savings, and transitional provisions relating

to the repeal of this section by section 2193(f) of Pub. L. 97-35,

see section 2194 of Pub. L. 97-35, set out as a note under section

701 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA

PROGRAMS, AND SUDDEN INFANT DEATH SYNDROME 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

-HEAD-

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-278, title IV, Sec. 403(b)(3), Apr. 22, 1976,

90 Stat. 409, substituted "GENETIC DISEASES" for "GENETIC BLOOD

DISORDERS" and inserted "HEMOPHILIA PROGRAMS" in subchapter

heading.

1974 - Pub. L. 93-270, Sec. 3(b), Apr. 22, 1974, 88 Stat. 92,

inserted "SUDDEN INFANT DEATH SYNDROME" in subchapter heading.

1972 - Pub. L. 92-414, Sec. 4(1), Aug. 29, 1972, 86 Stat. 652,

substituted "GENETIC BLOOD DISORDERS" for "SICKLE CELL ANEMIA

PROGRAM" as subchapter heading and designated former subchapter

heading as part A, substituting "Programs" for "Program".

-End-

-CITE-

42 USC Part A - Genetic Diseases 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

PART A - GENETIC DISEASES

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90

Stat. 407, substituted "Genetic Diseases" for "Sickle Cell Anemia

Programs" in part A heading.

-End-

-CITE-

42 USC Sec. 300b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b. Repealed. Pub. L. 97-35, title XXI, Sec. 2193(b)(1),

Aug. 13, 1981, 95 Stat. 827

-MISC1-

Section, act July 1, 1944, ch. 373, title XI, Sec. 1101, as added

Apr. 22, 1976, Pub. L. 94-278, title IV, Sec. 403(a), 90 Stat. 407;

amended Nov. 10, 1978, Pub. L. 95-626, title II, Sec. 205(b),

(d)(2), (e), 92 Stat. 3583, 3584; Pub. L. 96-88, title V, Sec.

509(b), Oct. 17, 1979, 93 Stat. 695; Aug. 13, 1981, Pub. L. 97-35,

title XXI, Sec. 2193(a)(1)(B), 95 Stat. 826; Jan. 4, 1983, Pub. L.

97-414, Sec. 8(o), 96 Stat. 2061, related to testing, counseling,

information and education programs.

A prior section 300b, act July 1, 1944, ch. 373, title XI, Sec.

1101, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

137; amended Aug. 29, 1972, Pub. L. 92-414, Sec. 4(2), 86 Stat.

652, authorized Secretary to make grants and enter contracts with

public and nonprofit private entities with respect to establishment

of voluntary sickle cell anemia screening and counseling programs

and to develop and disseminate informational and educational

materials relating to sickle cell anemia, prior to repeal by Pub.

L. 94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 407.

EFFECTIVE DATE OF 1981 AMENDMENT AND REPEAL, SAVINGS, AND

TRANSITIONAL PROVISIONS

For effective date, savings, and transitional provisions relating

to the amendment and repeal of this section by Pub. L. 97-35, see

section 2194 of Pub. L. 97-35, set out as a note under section 701

of this title.

-End-

-CITE-

42 USC Sec. 300b-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-1. Research project grants and contracts

-STATUTE-

In carrying out section 241 of this title, the Secretary may make

grants to public and nonprofit private entities, and may enter into

contracts with public and private entities and individuals, for

projects for (1) basic or applied research leading to the

understanding, diagnosis, treatment, and control of genetic

diseases, (2) planning, establishing, demonstrating, and developing

special programs for the training of genetic counselors, social and

behavioral scientists, and other health professionals, (3) the

development of programs to educate practicing physicians, other

health professionals, and the public regarding the nature of

genetic processes, the inheritance patterns of genetic diseases,

and the means, methods, and facilities available to diagnose,

control, counsel, and treat genetic diseases, and (4) the

development of counseling and testing programs and other programs

for the diagnosis, control, and treatment of genetic diseases. In

making grants and entering into contracts for projects described in

clause (1) of the preceding sentence, the Secretary shall give

priority to applications for such grants or contracts which are

submitted for research on sickle cell anemia and for research on

Cooley's anemia.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1102, as added Pub. L.

94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 408.)

-MISC1-

PRIOR PROVISIONS

A prior section 300b-1, act July 1, 1944, ch. 373, title XI, Sec.

1102, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

138, authorized Secretary to make grants and enter contracts with

public and private entities and individuals for projects concerned

with research, research training in diagnosis, treatment and

control of sickle cell anemia, informational and educational

programs with respect to sickle cell anemia and development of

counseling and testing programs, prior to repeal by Pub. L. 94-278,

title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 407.

EFFECTIVE DATE

Section 403(c) of Pub. L. 94-278 provided that: "The amendments

made by subsections (a) and (b) [see section 401 of Pub. L. 94-278,

set out as a Short Title of 1976 Amendment note under section 201

of this title] shall take effect July 1, 1976."

SHORT TITLE OF 1976 AMENDMENT

For short title of title IV of Pub. L. 94-278, which enacted this

part, omitted former part B of this subchapter, redesignated former

parts C and D of this subchapter as parts B and C of this

subchapter, respectively, as the "National Sickle Cell Anemia,

Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act", see section

401 of Pub. L. 94-278, set out as a note under section 201 of this

title.

CONGRESSIONAL DECLARATION OF PURPOSE

Section 402 of Pub. L. 94-278, as amended by Pub. L. 95-626,

title II, Sec. 205(a), Nov. 10, 1978, 92 Stat. 3583, provided that:

"In order to preserve and protect the health and welfare of all

citizens, it is the purpose of this title [see section 401 of Pub.

L. 94-278, set out as a Short Title of 1976 Amendment note under

section 201 of this title] to establish a national program to

provide for basic and applied research, research training, testing,

counseling, and information and education programs with respect to

genetic diseases, and genetic conditions, such as Sickle Cell

anemia, Cooley's Anemia, Tay-Sachs disease, cystic fibrosis,

dysautonomia, hemophilia, retinitis pigmentosa, Huntington's

chorea, muscular dystrophy, and genetic conditions leading to

mental retardation or genetically caused mental disorders."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300b-3 of this title.

-End-

-CITE-

42 USC Sec. 300b-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-2. Voluntary participation by individuals

-STATUTE-

The participation by any individual in any program or portion

thereof under this part shall be wholly voluntary and shall not be

a prerequisite to eligibility for or receipt of any other service

or assistance from, or to participation in, any other program.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1103, as added Pub. L.

94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 408.)

-MISC1-

PRIOR PROVISIONS

A prior section 300b-2, act July 1, 1944, ch. 373, title XI, Sec.

1103, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

138; amended Aug. 29, 1972, Pub. L. 92-414, Sec. 4(3), 86 Stat.

652, was identical to this section, prior to repeal by Pub. L.

94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 407.

-End-

-CITE-

42 USC Sec. 300b-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-3. Application; special consideration to prior sickle

cell anemia grant recipients

-STATUTE-

(a) Manner of submission; contents

A grant or contract under this part may be made upon application

submitted to the Secretary at such time, in such manner, and

containing and accompanied by such information, as the Secretary

may require, including assurances for an evaluation whether

performed by the applicant or by the Secretary. Such grant or

contract may be made available on less than a statewide or regional

basis. Each applicant shall -

(1) provide that the programs and activities for which

assistance under this part is sought will be administered by or

under the supervision of the applicant;

(2) provide for strict confidentiality of all test results,

medical records, and other information regarding testing,

diagnosis, counseling, or treatment of any person treated, except

for (A) such information as the patient (or his guardian) gives

informed consent to be released, or (B) statistical data compiled

without reference to the identity of any such patient;

(3) provide for community representation where appropriate in

the development and operation of voluntary genetic testing or

counseling programs funded by a grant or contract under this

part; and

(4) establish fiscal control and fund accounting procedures as

may be necessary to assure proper disbursement of and accounting

of Federal funds paid to the applicant under this part.

(b) Considerations for grants and contracts under section 300b-1 of

this title

In making grants and entering into contracts for any fiscal year

under section 241 of this title for projects described in section

300b-1 of this title the Secretary shall give special consideration

to applications from entities that received grants from, or entered

into contracts with, the Secretary for the preceding fiscal year

for the conduct of comprehensive sickle cell centers or sickle cell

screening and education clinics.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1104, as added Pub. L.

94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 408; amended

Pub. L. 95-626, title II, Sec. 205(c), Nov. 10, 1978, 92 Stat.

3584; Pub. L. 97-35, title XXI, Sec. 2193(b)(2), (3), Aug. 13,

1981, 95 Stat. 827.)

-MISC1-

PRIOR PROVISIONS

A prior section 300b-3, act July 1, 1944, ch. 373, title XI, Sec.

1104, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

138; amended Aug. 29, 1972, Pub. L. 92-414, Sec. 4(3), 86 Stat.

652, authorized grants to be made upon application to Secretary and

required supervision of programs by applicant, confidentiality of

test results, medical records and other information obtained from

treated person, community representation in programs, assurances by

applicant that priority will be given to persons of child bearing

years, and demonstration by applicant of proper fiscal control and

accounting procedures, prior to repeal by Pub. L. 94-278, title IV,

Sec. 403(a), Apr. 22, 1976, 90 Stat. 407.

AMENDMENTS

1981 - Subsec. (a)(4), (5). Pub. L. 97-35, Sec. 2193(b)(2),

redesignated par. (5) as (4). Former par. (4), which related to

testing and counseling requirements, was struck out.

Subsec. (b). Pub. L. 97-35, Sec. 2193(b)(3), struck out subsec.

(b) which related to grants and contracts under section 300b of

this title. Former subsec. (c) was redesignated (b) and, as so

redesignated, struck out reference to section 300b of this title.

Subsec. (c). Pub. L. 97-35, Sec. 2193(b)(3), redesignated subsec.

(c) as (b).

Subsec. (d). Pub. L. 97-35, Sec. 2193(b)(3), struck out subsec.

(d) which related to procedures applicable to grants, etc., under

section 300b of this title.

1978 - Subsec. (a). Pub. L. 95-626, Sec. 205(c)(1), inserted

requirement that application contain assurances for an evaluation

whether performed by applicant or by Secretary and that grant or

contract be made available on less than a statewide or regional

basis.

Subsec. (d). Pub. L. 95-626, Sec. 205(c)(2), added subsec. (d).

EFFECTIVE DATE OF 1981 AMENDMENT, SAVINGS, AND TRANSITIONAL

PROVISIONS

For effective date, savings, and transitional provisions relating

to amendment by Pub. L. 97-35, see section 2194 of Pub. L. 97-35,

set out as a note under section 701 of this title.

-End-

-CITE-

42 USC Sec. 300b-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-4. Public Health Service facilities

-STATUTE-

The Secretary shall establish a program within the Service to

provide voluntary testing, diagnosis, counseling, and treatment of

individuals respecting genetic diseases. Services under such

program shall be made available through facilities of the Service

to persons requesting such services, and the program shall provide

appropriate publicity of the availability and voluntary nature of

such services.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1105, as added Pub. L.

94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 409.)

-MISC1-

PRIOR PROVISIONS

A prior section 300b-4, act July 1, 1944, ch. 373, title XI, Sec.

1105, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

139, authorized Secretary to establish a program within the Public

Health Service with respect to sickle cell anemia with such program

to be made available through facilities of Public Health Service,

prior to repeal by Pub. L. 94-278, title IV, Sec. 403(a), Apr. 22,

1976, 90 Stat. 407.

-End-

-CITE-

42 USC Sec. 300b-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-5. Repealed. Pub. L. 97-35, title XXI, Sec. 2193(b)(4),

Aug. 13, 1981, 95 Stat. 827

-MISC1-

Section, act July 1, 1944, ch. 373, title XI, Sec. 1106, as added

Apr. 22, 1976, Pub. L. 94-278, title IV, Sec. 403(a), 90 Stat. 409,

related to an annual report to President and Congress on

administration of this part.

A prior section 300b-5, act July 1, 1944, ch. 373, title XI, Sec.

1106, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat.

139; amended Aug. 29, 1972, Pub. L. 92-414, Sec. 4(3), 86 Stat.

652, related to an annual report to President and Congress on

administration of this part, prior to repeal by Pub. L. 94-278,

title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 407.

EFFECTIVE DATE OF REPEAL, SAVINGS, AND TRANSITIONAL PROVISIONS

For effective date, savings, and transitional provisions relating

to repeal by Pub. L. 97-35, see section 2194 of Pub. L. 97-35, set

out as a note under section 701 of this title.

-End-

-CITE-

42 USC Sec. 300b-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-6. Applied technology

-STATUTE-

The Secretary, acting through an identifiable administrative

unit, shall -

(1) conduct epidemiological assessments and surveillance of

genetic diseases to define the scope and extent of such diseases

and the need for programs for the diagnosis, treatment, and

control of such diseases, screening for such diseases, and the

counseling of persons with such diseases;

(2) on the basis of the assessments and surveillance described

in paragraph (1), develop for use by the States programs which

combine in an effective manner diagnosis, treatment, and control

of such diseases, screening for such diseases, and counseling of

persons with such diseases; and

(3) on the basis of the assessments and surveillance described

in paragraph (1), provide technical assistance to States to

implement the programs developed under paragraph (2) and train

appropriate personnel for such programs.

In carrying out this section, the Secretary may, from funds

allotted for use under section 702(a) of this title, make grants to

or contracts with public or nonprofit private entities (including

grants and contracts for demonstration projects).

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1107, as added Pub. L.

95-626, title II, Sec. 205(d)(1), Nov. 10, 1978, 92 Stat. 3584;

amended Pub. L. 97-35, title XXI, Sec. 2193(b)(5), Aug. 13, 1981,

95 Stat. 827.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 substituted provisions relating to

allotments under section 702(a) of this title for provisions

relating to appropriations under section 300b(b) of this title.

EFFECTIVE DATE OF 1981 AMENDMENT, SAVINGS, AND TRANSITIONAL

PROVISIONS

For effective date, savings, and transitional provisions relating

to amendment by Pub. L. 97-35, see section 2194 of Pub. L. 97-35,

set out as a note under section 701 of this title.

-End-

-CITE-

42 USC Sec. 300b-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-7. Tourette Syndrome

-STATUTE-

(a) In general

The Secretary shall develop and implement outreach programs to

educate the public, health care providers, educators and community

based organizations about the etiology, symptoms, diagnosis and

treatment of Tourette Syndrome, with a particular emphasis on

children with Tourette Syndrome. Such programs may be carried out

by the Secretary directly and through awards of grants or contracts

to public or nonprofit private entities.

(b) Certain activities

Activities under subsection (a) of this section shall include -

(1) the production and translation of educational materials,

including public service announcements;

(2) the development of training material for health care

providers, educators and community based organizations; and

(3) outreach efforts directed at the misdiagnosis and

underdiagnosis of Tourette Syndrome in children and in minority

groups.

(c) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each of the fiscal years 2001 through 2005.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1108, as added Pub. L.

106-310, div. A, title XXIII, Sec. 2301, Oct. 17, 2000, 114 Stat.

1157.)

-End-

-CITE-

42 USC Sec. 300b-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-8. Improved newborn and child screening for heritable

disorders

-STATUTE-

(a) In general

The Secretary shall award grants to eligible entities to enhance,

improve or expand the ability of State and local public health

agencies to provide screening, counseling or health care services

to newborns and children having or at risk for heritable disorders.

(b) Use of funds

Amounts provided under a grant awarded under subsection (a) of

this section shall be used to -

(1) establish, expand, or improve systems or programs to

provide screening, counseling, testing or specialty services for

newborns and children at risk for heritable disorders;

(2) establish, expand, or improve programs or services to

reduce mortality or morbidity from heritable disorders;

(3) establish, expand, or improve systems or programs to

provide information and counseling on available therapies for

newborns and children with heritable disorders;

(4) improve the access of medically underserved populations to

screening, counseling, testing and specialty services for

newborns and children having or at risk for heritable disorders;

or

(5) conduct such other activities as may be necessary to enable

newborns and children having or at risk for heritable disorders

to receive screening, counseling, testing or specialty services,

regardless of income, race, color, religion, sex, national

origin, age, or disability.

(c) Eligible entities

To be eligible to receive a grant under subsection (a) of this

section an entity shall -

(1) be a State or political subdivision of a State, or a

consortium of two or more States or political subdivisions of

States; and

(2) prepare and submit to the Secretary an application that

includes -

(A) a plan to use amounts awarded under the grant to meet

specific health status goals and objectives relative to

heritable disorders, including attention to needs of medically

underserved populations;

(B) a plan for the collection of outcome data or other

methods of evaluating the degree to which amounts awarded under

this grant will be used to achieve the goals and objectives

identified under subparagraph (A);

(C) a plan for monitoring and ensuring the quality of

services provided under the grant;

(D) an assurance that amounts awarded under the grant will be

used only to implement the approved plan for the State;

(E) an assurance that the provision of services under the

plan is coordinated with services provided under programs

implemented in the State under title V, XVIII, XIX, XX, or XXI

of the Social Security Act [42 U.S.C. 701 et seq., 1395 et

seq., 1396 et seq. 1397 et seq., 1397aa et seq.] (subject to

Federal regulations applicable to such programs) so that the

coverage of services under such titles is not substantially

diminished by the use of granted funds; and

(F) such other information determined by the Secretary to be

necessary.

(d) Limitation

An eligible entity may not use amounts received under this

section to -

(1) provide cash payments to or on behalf of affected

individuals;

(2) provide inpatient services;

(3) purchase land or make capital improvements to property; or

(4) provide for proprietary research or training.

(e) Voluntary participation

The participation by any individual in any program or portion

thereof established or operated with funds received under this

section shall be wholly voluntary and shall not be a prerequisite

to eligibility for or receipt of any other service or assistance

from, or to participation in, another Federal or State program.

(f) Supplement not supplant

Funds appropriated under this section shall be used to supplement

and not supplant other Federal, State, and local public funds

provided for activities of the type described in this section.

(g) Publication

(1) In general

An application submitted under subsection (c)(2) of this

section shall be made public by the State in such a manner as to

facilitate comment from any person, including through hearings

and other methods used to facilitate comments from the public.

(2) Comments

Comments received by the State after the publication described

in paragraph (1) shall be addressed in the application submitted

under subsection (c)(2) of this section.

(h) Technical assistance

The Secretary shall provide to entities receiving grants under

subsection (a) of this section such technical assistance as may be

necessary to ensure the quality of programs conducted under this

section.

(i) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of the fiscal years 2001

through 2005.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1109, as added Pub. L.

106-310, div. A, title XXVI, Sec. 2601, Oct. 17, 2000, 114 Stat.

1164.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (c)(2)(E), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V, XVIII,

XIX, XX, and XXI of the Act are classified generally to subchapters

V (Sec. 701 et seq.), XVIII (Sec. 1395 et seq.), XIX (Sec. 1396 et

seq.), XX (Sec. 1397 et seq.), and XXI (Sec. 1397aa et seq.),

respectively, of chapter 7 of this title. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300b-10 of this title.

-End-

-CITE-

42 USC Sec. 300b-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-9. Evaluating the effectiveness of newborn and child

screening programs

-STATUTE-

(a) In general

The Secretary shall award grants to eligible entities to provide

for the conduct of demonstration programs to evaluate the

effectiveness of screening, counseling or health care services in

reducing the morbidity and mortality caused by heritable disorders

in newborns and children.

(b) Demonstration programs

A demonstration program conducted under a grant under this

section shall be designed to evaluate and assess, within the

jurisdiction of the entity receiving such grant -

(1) the effectiveness of screening, counseling, testing or

specialty services for newborns and children at risk for

heritable disorders in reducing the morbidity and mortality

associated with such disorders;

(2) the effectiveness of screening, counseling, testing or

specialty services in accurately and reliably diagnosing

heritable disorders in newborns and children; or

(3) the availability of screening, counseling, testing or

specialty services for newborns and children at risk for

heritable disorders.

(c) Eligible entities

To be eligible to receive a grant under subsection (a) of this

section an entity shall be a State or political subdivision of a

State, or a consortium of two or more States or political

subdivisions of States.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1110, as added Pub. L.

106-310, div. A, title XXVI, Sec. 2601, Oct. 17, 2000, 114 Stat.

1165.)

-End-

-CITE-

42 USC Sec. 300b-10 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

Part A - Genetic Diseases

-HEAD-

Sec. 300b-10. Advisory Committee on Heritable Disorders in Newborns

and Children

-STATUTE-

(a) Establishment

The Secretary shall establish an advisory committee to be known

as the "Advisory Committee on Heritable Disorders in Newborns and

Children" (referred to in this section as the "Advisory

Committee").

(b) Duties

The Advisory Committee shall -

(1) provide advice and recommendations to the Secretary

concerning grants and projects awarded or funded under section

300b-8 of this title;

(2) provide technical information to the Secretary for the

development of policies and priorities for the administration of

grants under section 300b-8 of this title; and

(3) provide such recommendations, advice or information as may

be necessary to enhance, expand or improve the ability of the

Secretary to reduce the mortality or morbidity from heritable

disorders.

(c) Membership

(1) In general

The Secretary shall appoint not to exceed 15 members to the

Advisory Committee. In appointing such members, the Secretary

shall ensure that the total membership of the Advisory Committee

is an odd number.

(2) Required members

The Secretary shall appoint to the Advisory Committee under

paragraph (1) -

(A) the Administrator of the Health Resources and Services

Administration;

(B) the Director of the Centers for Disease Control and

Prevention;

(C) the Director of the National Institutes of Health;

(D) the Director of the Agency for Healthcare Research and

Quality;

(E) medical, technical, or scientific professionals with

special expertise in heritable disorders, or in providing

screening, counseling, testing or specialty services for

newborns and children at risk for heritable disorders;

(F) members of the public having special expertise about or

concern with heritable disorders; and

(G) representatives from such Federal agencies, public health

constituencies, and medical professional societies as

determined to be necessary by the Secretary, to fulfill the

duties of the Advisory Committee, as established under

subsection (b) of this section.

-SOURCE-

(July 1, 1944, ch. 373, title XI, Sec. 1111, as added Pub. L.

106-310, div. A, title XXVI, Sec. 2601, Oct. 17, 2000, 114 Stat.

1166.)