Legislación
US (United States) Code. Title 42. Chapter 6A: Public Health Service
-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-
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42 USC Sec. 285e-4 01/06/03
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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-
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42 USC Sec. 285e-5 01/06/03
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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-
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42 USC Sec. 285e-6 01/06/03
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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-
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42 USC Sec. 285e-7 01/06/03
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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-
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42 USC Sec. 285e-8 01/06/03
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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-
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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-
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42 USC Sec. 285e-11 01/06/03
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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
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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.)
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |