42 U.S.C. § 285r — Purpose of the Institute

Page 763 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 285r pointed 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 Direc- tor 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 avail- able to the advisory council such staff, informa- tion, and other assistance as it may require to carry out its functions. The Director of the In- stitute shall provide orientation and training for new members of the advisory council to pro- vide them with such information and training as may be appropriate for their effective participa- tion in the functions of the advisory council. (g) Material for inclusion in biennial report; ad- ditional reports The advisory council may prepare, for inclu- sion in the triennial report made under section 283 of this title (1) comments respecting the ac- tivities 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 advi- sory council may prepare such additional re- ports as it may determine appropriate. (July 1, 1944, ch. 373, title IV, § 464X, formerly § 485, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 867; amended Pub. L. 101–381, title I, § 102(4), Aug. 18, 1990, 104 Stat. 586; Pub. L. 102–54, § 13(q)(1)(E), June 13, 1991, 105 Stat. 279; renum- bered § 464X and amended Pub. L. 103–43, title XV, § 1511(a)(3), (b)(2), (4)(B), title XX, §§ 2008(b)(13), 2010(b)(5), June 10, 1993, 107 Stat. 178, 179, 211, 214; Pub. L. 114–255, div. A, title II, § 2042(h)(2), Dec. 13, 2016, 130 Stat. 1073.) Editorial Notes CODIFICATION Section was formerly classified to section 285c–2 of this title prior to renumbering by Pub. L. 103–43. AMENDMENTS 2016—Subsec. (g). Pub. L. 114–255 substituted ‘‘tri- ennial report made under section 283 of this title’’ for ‘‘biennial report made under section 285q–3 of this title,’’. 1993—Subsec. (a). Pub. L. 103–43, § 1511(a)(3)(A), sub- stituted ‘‘Institute’’ for ‘‘Center’’ wherever appearing. Subsec. (a)(2). Pub. L. 103–43, § 2010(b)(5), which di- rected the substitution of ‘‘section 238’’ for ‘‘section 300aaa’’ in section 287c–2(a)(2) of this title, was exe- cuted 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, § 2008(b)(13), which di- rected the substitution of ‘‘Department of Veterans Af- fairs’’ for ‘‘Veterans’ Administration’’ in section 287c–2(b)(2)(A) of this title could not be executed be- cause the words ‘‘Veterans’ Administration’’ do not ap- pear in subsec. (b)(2)(A) of this section subsequent to amendment by Pub. L. 102–54 and because of the renum- bering of this section. See Codification note above and 1991 Amendment note below. Pub. L. 103–43, §§ 1511(a)(3)(B)(i), substituted ‘‘Insti- tute’’ for ‘‘Center’’. Subsec. (b)(3)(A). Pub. L. 103–43, § 1511(a)(3)(B)(ii), sub- stituted ‘‘Institute’’ for ‘‘Center’’. Subsecs. (d) to (f). Pub. L. 103–43, § 1511(a)(3)(C), sub- stituted ‘‘Institute’’ for ‘‘Center’’ wherever appearing. Subsec. (g). Pub. L. 103–43, § 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’ Ad- ministration’’. 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. Statutory Notes and Related Subsidiaries 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 Presi- dent 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 oth- erwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. Pub. L. 93–641, § 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 Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 285q–3. Repealed. Pub. L. 114–255, div. A, title II, § 2042(h)(1), Dec. 13, 2016, 130 Stat. 1073 Section, July 1, 1944, ch. 373, title IV, § 464Y, formerly § 486, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 869; renumbered § 485A, renumbered § 464Y, and amended Pub. L. 103–43, title I, § 141(a)(1), title XV, § 1511(a)(4), (b)(2), (4)(C), June 10, 1993, 107 Stat. 136, 179, related to biennial report of activities of the National Institute of Nursing Research. SUBPART 18—NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING § 285r. Purpose of the Institute (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, Page 764 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 285r biomedical engineering, and associated tech- nologies and modalities with biomedical appli- cations (in this section referred to as ‘‘bio- medical imaging and bioengineering’’). (b) National Biomedical Imaging and Bio- engineering Program (1) The Director of the Institute, with the ad- vice of the Institute’s advisory council, shall es- tablish a National Biomedical Imaging and Bio- engineering Program (in this section referred to as the ‘‘Program’’). (2) Activities under the Program shall include the following with respect to biomedical imag- ing and bioengineering: (A) Research into the development of new techniques and devices. (B) Related research in physics, engineering, mathematics, computer science, and other dis- ciplines. (C) Technology assessments and outcomes studies to evaluate the effectiveness of bio- logics, materials, processes, devices, proce- dures, and informatics. (D) Research in screening for diseases and disorders. (E) The advancement of existing imaging and bioengineering modalities, including im- aging, biomaterials, and informatics. (F) The development of target-specific agents to enhance images and to identify and delineate disease. (G) The development of advanced engineer- ing 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 pro- cedures (such as image-guided interventions). (3)(A) With respect to the Program, the Direc- tor of the Institute shall prepare and transmit to the Secretary and the Director of NIH a plan to initiate, expand, intensify, and coordinate ac- tivities of the Institute with respect to bio- medical imaging and bioengineering. The plan shall include such comments and recommenda- tions 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 Sec- retary and the Director of NIH. (B) The plan under subparagraph (A) shall in- clude 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 imag- ing 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, engi- neers, physicians, and other health profes- sionals who represent disciplines in bio- medical imaging and bioengineering and who are not officers or employees of the United States; and (B) six members shall be scientists, engi- neers, physicians, and other health profes- sionals who represent other disciplines and are knowledgeable about the applications of biomedical imaging and bioengineering in medicine, and who are not officers or em- ployees 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 Stand- ards and Technology (or the designees of such officers). (July 1, 1944, ch. 373, title IV, § 464z, as added Pub. L. 106–580, § 3(a), Dec. 29, 2000, 114 Stat. 3089; amended Pub. L. 109–482, title I, § 103(b)(37), Jan. 15, 2007, 120 Stat. 3688.) Editorial Notes AMENDMENTS 2007—Subsec. (d). Pub. L. 109–482 struck out subsec. (d) which related to appropriations for fiscal years 2001 to 2003. 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. EFFECTIVE DATE Pub. L. 106–580, § 4, Dec. 29, 2000, 114 Stat. 3092, pro- vided 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 en- actment of this Act [Dec. 29, 2000], whichever occurs later.’’ FINDINGS Pub. L. 106–580, § 2, Dec. 29, 2000, 114 Stat. 3088, pro- vided that: ‘‘The Congress makes the following find- ings: ‘‘(1) Basic research in imaging, bioengineering, computer science, informatics, and related fields is critical to improving health care but is fundamen- tally 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 diag- nosis of disease is essential to take full advantage of such new treatments and to promote the general im- provement of health care. 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.