42 U.S.C. § 285s — Purpose of Institute

Page 765 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 285s ‘‘(3) The development of advanced genetic and mo- lecular imaging techniques is necessary to continue the current rapid pace of discovery in molecular biol- ogy. ‘‘(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, trans- mission, processing, and optimal display of images. ‘‘(5) A number of Federal departments and agencies support imaging and engineering research with po- tential medical applications, but a central coordi- nating body, preferably housed at the NIH, is needed to coordinate these disparate efforts and facilitate the transfer of technologies with medical applica- tions. ‘‘(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 sig- nificant 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 effec- tively and efficiently and that the fields of medical science that have contributed the most to the detec- tion, 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 tech- nologies with clinical and research applications, im- prove coordination and efficiency at the NIH and throughout the Federal Government, reduce duplica- tion 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, § 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 Bio- medical Imaging and Bioengineering pursuant to the amendment made by subsection (a) [enacting this sub- part], the Director of the National Institutes of Health (referred to in this subsection as ‘NIH’)— ‘‘(1) may transfer to the National Institute of Bio- medical 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 In- stitute from the other agencies of NIH, including the other national research institutes. ‘‘(c) CONSTRUCTION OF FACILITIES.—None of the provi- sions of this Act [enacting this subpart, amending sec- tion 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 acqui- sition of land, for purposes of the establishment or op- eration of the National Institute of Biomedical Imag- ing 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 coun- cil for the National Institute of Biomedical Imaging and Bioengineering in accordance with section 406 of the Public Health Service Act [42 U.S.C. 284a] and in ac- cordance with section 464z of such Act (as added by sub- section (a) of this section) [42 U.S.C. 285r].’’ SUBPART 19—NATIONAL HUMAN GENOME RESEARCH INSTITUTE Editorial Notes CODIFICATION Pub. L. 109–482, title I, § 101(c)(1)–(3), Jan. 15, 2007, 120 Stat. 3681, redesignated subpart 3 of part E of this sub- chapter as this subpart. § 285s. Purpose of Institute (a) General purpose The general purpose of the National Human Genome Research Institute (in this subpart re- ferred to as the ‘‘Institute’’) is to characterize the structure and function of the human ge- nome, 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 re- search; (5) communicating advances in genome science to the public; and (6) reviewing and funding proposals to ad- dress the ethical and legal issues associated with the genome project (including legal issues regarding patents). (b) Research training The Director of the Institute may conduct and support research training— (1) for which fellowship support is not pro- vided under section 288 of this title; and (2) that is not residency training of physi- cians 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) for a fiscal year, the Director of the Institute shall make available not less than 5 percent for carrying out paragraph (6) of such subsection. (2) With respect to providing funds under sub- section (a)(6) for proposals to address the ethical issues associated with the genome project, para- graph (1) shall not apply for a fiscal year if the Director of the Institute certifies to the Com- mittee 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. (July 1, 1944, ch. 373, title IV, § 464z–1, formerly § 485B, as added Pub. L. 103–43, title XV, § 1521(2), June 10, 1993, 107 Stat. 180; renumbered § 464z–1 and amended Pub. L. 109–482, title I, § 101(c)(4), Jan. 15, 2007, 120 Stat. 3681.) Editorial Notes CODIFICATION Section was formerly classified to section 287c of this title prior to renumbering by Pub. L. 109–482. Page 766 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 285t AMENDMENTS 2007—Pub. L. 109–482, § 101(c)(4)(C), substituted ‘‘Insti- tute’’ for ‘‘Center’’ wherever appearing in section catchline and text. Subsec. (a). Pub. L. 109–482, § 101(c)(4)(B), substituted ‘‘National Human Genome Research Institute’’ for ‘‘Na- tional Center for Human Genome Research’’ in intro- ductory provisions. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. 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 En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title. SUBPART 20—NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES Editorial Notes CODIFICATION Pub. L. 111–148, title X, § 10334(c)(1)(A)–(C), (D)(ii), Mar. 23, 2010, 124 Stat. 973, redesignated subpart 6 of part E of this subchapter as this subpart and sub- stituted ‘‘National Institute on Minority Health and Health Disparities’’ for ‘‘National Center on Minority Health and Health Disparities’’ in heading. § 285t. Purpose of Institute (a) In general The general purpose of the National Institute on Minority Health and Health Disparities (in this subpart referred to as the ‘‘Institute’’) is the conduct and support of research, training, dissemination of information, and other pro- grams with respect to minority health condi- tions and other populations with health dispari- ties. (b) Priorities The Director of the Institute shall in expend- ing amounts appropriated under this subpart give priority to conducting and supporting mi- nority health disparities research. (c) Minority health disparities research For purposes of this subpart: (1) The term ‘‘minority health disparities re- search’’ means basic, clinical, and behavioral research on minority health conditions (as de- fined 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, dis- orders, and conditions (including with respect to mental health and substance abuse)— (A) unique to, more serious, or more preva- lent in such individuals; (B) for which the factors of medical risk or types of medical intervention may be dif- ferent 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 individ- uals as subjects or insufficient data on such individuals. (3) The term ‘‘minority group’’ has the meaning given the term ‘‘racial and ethnic mi- nority 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 popu- lation if, as determined by the Director of the Institute 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 consider- ation 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 in- dividual 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 pre- vent, diagnose, and treat such disparities. (e) Coordination of activities The Director of the Institute shall act as the primary Federal official with responsibility for coordinating all minority health disparities re- search and other health disparities research con- ducted or supported by the National Institutes of Health, and— (1) shall represent the health disparities re- search program of the National Institutes of Health, including the minority health dispari- ties research program, at all relevant Execu- tive branch task forces, committees and plan- ning activities; and (2) shall maintain communications with all relevant Public Health Service agencies, in- cluding the Indian Health Service, and various other departments of the Federal Government to ensure the timely transmission of informa- tion concerning advances in minority health disparities research and other health dispari- ties 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