42 U.S.C. § 286 — National Library of Medicine

Page 771 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 286 subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title. § 285t–2. Repealed. Pub. L. 114–255, div. A, title II, § 2022(c)(1), Dec. 13, 2016, 130 Stat. 1054 Section, July 1, 1944, ch. 373, title IV, § 464z–5, for- merly § 485G, as added Pub. L. 106–525, title I, § 103, Nov. 22, 2000, 114 Stat. 2503; amended Pub. L. 109–482, title I, § 103(b)(46), Jan. 15, 2007, 120 Stat. 3688; renumbered § 464z–5 and amended Pub. L. 111–148, title X, § 10334(c)(1)(D)(i), (iii), Mar. 23, 2010, 124 Stat. 973, re- lated to loan repayment program for minority health disparities research. § 285t–3. General provisions regarding the Insti- tute The Secretary, acting through the Director of the National Institutes of Health, shall provide administrative support and support services to the Director of the Institute and shall ensure that such support takes maximum advantage of existing administrative structures at the agen- cies of the National Institutes of Health. (July 1, 1944, ch. 373, title IV, § 464z–6, formerly § 485H, as added Pub. L. 106–525, title I, § 104, Nov. 22, 2000, 114 Stat. 2503; amended Pub. L. 109–482, title I, § 104(b)(1)(O), Jan. 15, 2007, 120 Stat. 3693; renumbered § 464z–6 and amended Pub. L. 111–148, title X, § 10334(c)(1)(D)(i), (iii), Mar. 23, 2010, 124 Stat. 973.) Editorial Notes CODIFICATION Section was formerly classified to section 287c–34 of this title prior to renumbering by Pub. L. 111–148. AMENDMENTS 2010—Pub. L. 111–148, § 10334(c)(1)(D)(iii), substituted ‘‘Institute’’ for ‘‘Center’’ in section catchline and text. 2007—Pub. L. 109–482 struck out subsec. (a) designa- tion and heading before ‘‘The Secretary’’ and struck out subsec. (b) which related to evaluation of this sub- part not later than 5 years after Nov. 22, 2000, and re- port on such evaluation not later than 1 year after its commencement. Statutory Notes and Related Subsidiaries 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. PART D—NATIONAL LIBRARY OF MEDICINE SUBPART 1—GENERAL PROVISIONS § 286. National Library of Medicine (a) Purpose and establishment In order to assist the advancement of medical and related sciences and to aid the dissemina- tion and exchange of scientific and other infor- mation 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 sub- ject to subsection (d), shall— (1) acquire and preserve books, periodicals, prints, films, recordings, and other library ma- terials pertinent to medicine; (2) organize the materials specified in para- graph (1) by appropriate cataloging, indexing, and bibliographical listings; (3) publish and disseminate the catalogs, in- dexes, and bibliographies referred to in para- graph (2); (4) make available, through loans, photo- graphic or other copying procedures, or other- wise, such materials in the Library as the Sec- retary determines appropriate; (5) provide reference and research assistance; (6) publicize the availability from the Li- brary of the products and services described in any of paragraphs (1) through (5); (7) promote the use of computers and tele- communications by health professionals (in- cluding health professionals in rural areas) for the purpose of improving access to biomedical information for health care delivery and med- ical 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 mate- rials not needed The Secretary may exchange, destroy, or oth- erwise dispose of any books, periodicals, films, and other library materials not needed for the permanent use of the Library. (d) Availability of publications, materials, facili- ties, or services; prescription of rules (1) The Secretary may, after obtaining the ad- vice and recommendations of the Board of Re- gents, prescribe rules under which the Library will— (A) provide copies of its publications or ma- terials, (B) will make available its facilities for re- search, or (C) will make available its bibliographic, ref- erence, 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 con- tract 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 adminis- tration 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 lo- cated in such area which, with financial as- sistance 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. Page 772 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 286a (f) Acceptance and administration of gifts; me- morials 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 ‘‘medi- cine’’ and ‘‘medical’’, except when used in sec- tion 286a of this title, include preventive and therapeutic medicine, dentistry, pharmacy, hos- pitalization, nursing, public health, and the fun- damental sciences related thereto, and other re- lated fields of study, research, or activity. (July 1, 1944, ch. 373, title IV, § 465, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 857; amended Pub. L. 99–660, title III, § 311(b)(1), Nov. 14, 1986, 100 Stat. 3779; Pub. L. 100–202, § 101(h) [title II, § 215], Dec. 22, 1987, 101 Stat. 1329–256, 1329–275; Pub. L. 100–607, title II, § 204(2), Nov. 4, 1988, 102 Stat. 3079; Pub. L. 100–690, title II, § 2620(b)(1), Nov. 18, 1988, 102 Stat. 4244; Pub. L. 101–381, title I, § 102(2), Aug. 18, 1990, 104 Stat. 585; Pub. L. 103–43, title XIV, § 1401(a), (c)(1), title XX, § 2010(b)(3), June 10, 1993, 107 Stat. 170, 214.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–43, § 1401(c)(1), repealed amendment by Pub. L. 100–202. See 1987 Amendment note below. Subsec. (b)(6) to (8). Pub. L. 103–43, § 1401(a), added pars. (6) and (7) and redesignated former par. (6) as (8). Subsec. (f). Pub. L. 103–43, § 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 ‘‘be- tween (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 re- pealed by Pub. L. 103–43, § 1401(c)(1). 1986—Subsec. (f). Pub. L. 99–660 substituted ‘‘section 300cc of this title’’ for ‘‘section 300aa of this title’’. Statutory Notes and Related Subsidiaries 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 Pub. L. 103–43, title XIV, § 1401(c)(2), June 10, 1993, 107 Stat. 170, provided that: ‘‘With respect to the authority established for the National Library of Medicine in sec- tion 465(b)(6) of the Public Health Service Act, as added by subsection (a) of this section [42 U.S.C. 286(b)(6)], such authority shall be effective as if the authority had been established on December 22, 1987.’’ § 286a. Board of Regents (a) Membership; ex officio members (1)(A) The Board of Regents of the National Library of Medicine consists of ex officio mem- bers and ten members appointed by the Sec- retary. (B) The ex officio members are the Surgeons General of the Public Health Service, the Army, the Navy, and the Air Force, the Under Sec- retary for Health of the Department of Veterans Affairs, the Dean of the Uniformed Services Uni- versity of the Health Sciences, the Assistant Di- rector for Biological, Behavioral, and Social Sciences of the National Science Foundation, the Director of the National Agricultural Li- brary, 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, pub- lic health, hospital administration, pharma- cology, 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 re- search 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 execu- tive secretary of the Board. (b) Recommendations on matters of policy; rec- ommendations 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, in- cluding such matters as the acquisition of mate- rials for the Library, the scope, content, and or- ganization of the Library’s services, and the rules under which its materials, publications, fa- cilities, and services shall be made available to various kinds of users. The Secretary shall in- clude in the annual report of the Secretary to the Congress a statement covering the rec- ommendations made by the Board and the dis- position thereof. The Secretary may use the services of any member of the Board in connec- tion with matters related to the work of the Li- brary, 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 occur- ring prior to the expiration of the term for which the predecessor of such member was ap- pointed 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. (July 1, 1944, ch. 373, title IV, § 466, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 859; amended