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

Page 753 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 285n 100–690, set out as an Effect of Enactment of Similar Provisions note under section 285m of this title. § 285m–6. Limitation on administrative expenses 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 adminis- trative expenses of the National Institute on Deafness and Other Communication Disorders. (July 1, 1944, ch. 373, title IV, § 464F, as added Pub. L. 100–553, § 2(4), Oct. 28, 1988, 102 Stat. 2774, and Pub. L. 100–690, title II, § 2613(a)(1), Nov. 18, 1988, 102 Stat. 4238; amended Pub. L. 100–690, title II, § 2613(b)(2), Nov. 18, 1988, 102 Stat. 4238; Pub. L. 103–43, title IV, § 403(b)(2), June 10, 1993, 107 Stat. 158.) Editorial Notes 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. AMENDMENTS 1993—Pub. L. 103–43 substituted ‘‘section 284c(a)(1)’’ for ‘‘section 284c(b)(1)’’. 1988—Pub. L. 100–690, § 2613(b)(2), amended this section to read as if the amendments made by Pub. L. 100–690, § 2613(a)(1), which enacted this section, had not been en- acted. See Codification note above. Statutory Notes and Related Subsidiaries 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. SUBPART 14—NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM § 285n. Purpose of Institute (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 be- havioral research, health services research, re- search training, and health information dissemi- nation 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 publica- tions and other appropriate means (including the development of curriculum materials), in- formation 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 sci- entists engaged in special study; (3) make grants to universities, hospitals, laboratories, and other public or nonprofit in- stitutions, and to individuals for such research projects as are recommended by the National Advisory Council on Alcohol Abuse and Alco- holism, giving special consideration to projects relating to— (A) the relationship between alcohol abuse and domestic violence, (B) the effects of alcohol use during preg- nancy, (C) the impact of alcoholism and alcohol abuse on the family, the workplace, and sys- tems 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 al- coholic beverages, the cost of such bev- erages, and the economic status and edu- cation of users of such beverages, (F) the interrelationship between alcohol use and other health problems, (G) the comparison of the cost and effec- tiveness of various treatment methods for alcoholism and alcohol abuse and the effec- tiveness of prevention and intervention pro- grams for alcoholism and alcohol abuse, (H) alcoholism and alcohol abuse among women; (4) secure from time to time and for such pe- riods 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 pro- grams conducted by the Institute, and similar programs conducted by the National Institute of Drug Abuse and by other departments, agencies, organizations, and individuals, in- cluding all National Institutes of Health re- search 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 bio- medical, behavioral, epidemiological, and so- cial research, including research into the most effective means of treatment and service de- livery, 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 inten- sive medical care, including 24-hour emer- gency care, psychiatric care, and such other care as is determined to be necessary for in- dividuals suffering from alcoholism and al- cohol 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; Page 754 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 285n (8) provide to health officials, scientists, and appropriate public and other nonprofit institu- tions and organizations, technical advice and assistance on the application of statistical and other scientific research methods to experi- ments, studies, and surveys in health and med- ical fields; (9) enter into contracts under this sub- chapter without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41; and (10) adopt, upon recommendation of the Na- tional 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. (July 1, 1944, ch. 373, title IV, § 464H, as added and amended Pub. L. 102–321, title I, § 122(a), (b), July 10, 1992, 106 Stat. 358, 359; Pub. L. 102–352, § 2(a)(1), Aug. 26, 1992, 106 Stat. 938; Pub. L. 109–482, title I, § 103(b)(32), Jan. 15, 2007, 120 Stat. 3688.) Editorial Notes 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, § 510, formerly Pub. L. 91–616, title V, § 501(b), as added Pub. L. 94–371, § 7, July 26, 1976, 90 Stat. 1038; amended Pub. L. 95–622, title II, § 268(d), Nov. 9, 1978, 92 Stat. 3437; Pub. L. 96–180, § 14(b), Jan. 2, 1980, 93 Stat. 1305; renum- bered § 510(b) of act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98–24, § 2(b)(9), 97 Stat. 179; Oct. 19, 1984, Pub. L. 98–509, title II, § 205(a)(1), 98 Stat. 2361. In subsec. (b)(9), ‘‘section 3324(a) and (b) of title 31 and section 6101 of title 41’’ substituted for ‘‘sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. AMENDMENTS 2007—Subsec. (d). Pub. L. 109–482 struck out subsec. (d) which related to authorization of appropriations and allocation for health services research. 1992—Subsec. (a). Pub. L. 102–352 substituted ‘‘Insti- tute on Alcohol’’ for ‘‘Institute of Alcohol’’. Subsec. (b). Pub. L. 102–321, § 122(b)(1), (2)(A), trans- ferred subsec. (b) of section 290bb of this title to subsec. (b) of this section, substituted ‘‘(b) RESEARCH PRO- GRAM.—The research program established under this subpart shall encompass the social, behavioral, and bio- medical etiology, mental and physical health con- sequences, and social and economic consequences of al- cohol abuse and alcoholism. In carrying out the pro- gram, the Director of the Institute is authorized’’ for ‘‘(b) In carrying out the program described in sub- section (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, § 122(b)(2)(B), added subsecs. (c) and (d). 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 OF 1992 AMENDMENT Pub. L. 102–352, § 3, Aug. 26, 1992, 106 Stat. 940, pro- vided that: ‘‘The amendments made by— ‘‘(1) subsection (a) of section 2 [amending this sec- tion 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 ef- fectuation 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 pro- grams 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, § 2016(b), June 10, 1993, 107 Stat. 218, provided that, with respect to the allocation for health services research required in former subsec. (d)(2) of this section and former sections 285o(d)(2) and 285p(f)(2) of this title, the term ‘‘15 percent’’ appearing in each of such provisions was deemed to be 12 percent in the case of allocations for fiscal year 1993. STUDY ON FETAL ALCOHOL EFFECT AND FETAL ALCOHOL SYNDROME Pub. L. 102–321, title VII, § 705, July 10, 1992, 106 Stat. 438, directed Secretary of Health and Human Services to enter into a contract with a public or nonprofit pri- vate 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 ade- quacy 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 out- lining 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, § 4022, Oct. 27, 1986, 100 Stat. 3207–124, directed Secretary of Health and Human Serv- ices, 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 al- ternatives including policies and experiences of third party insurers and State and municipal governments; to recommend policies and programs for research, plan- ning, 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 Al- coholism under an arrangement entered into with con- sent 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 trans- mit a final report to Congress no later than 30 days after receiving Academy’s report. Page 755 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 285n–2 1 See References in Text note below. 1 So in original. The period probably should be ‘‘; and’’. 2 See References in Text note below. § 285n–1. Associate Director for Prevention (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 Di- rector of the Institute from individuals who be- cause 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 1 of this title a description of the prevention activities of the Institute, in- cluding a description of the staff and resources allocated to those activities. (July 1, 1944, ch. 373, title IV, § 464I, as added Pub. L. 102–321, title I, § 122(c), July 10, 1992, 106 Stat. 359.) Editorial Notes REFERENCES IN TEXT Section 284b of this title, referred to in subsec. (b), was repealed by Pub. L. 109–482, title I, § 104(b)(1)(C), Jan. 15, 2007, 120 Stat. 3693. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1992, with provision for pro- grams 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. § 285n–2. National Alcohol Research Centers; mandatory grant for research of effects of al- cohol on elderly (a) Designation; procedures applicable for ap- proval of applications The Secretary acting through the Institute may designate National Alcohol Research Cen- ters for the purpose of interdisciplinary research relating to alcoholism and other biomedical, be- havioral, 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 Sec- retary. Such an application shall be submitted in such manner and contain such information as the Secretary may reasonably require. The Sec- retary may not approve such an application un- less— (1) the application contains or is supported by reasonable assurances that— (A) the applicant has the experience, or ca- pability, to conduct, through biomedical, be- havioral, social, and related disciplines, long-term research on alcoholism and other alcohol problems and to provide coordina- tion of such research among such dis- ciplines; (B) the applicant has available to it suffi- cient facilities (including laboratory, ref- erence, and data analysis facilities) to carry out the research plan contained in the appli- cation; (C) the applicant has facilities and per- sonnel to provide training in the prevention and treatment of alcoholism and other alco- hol 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 con- duct courses on alcohol problems and re- search on alcohol problems for under- graduate and graduate students, and for medical and osteopathic, nursing, social work, and other specialized graduate stu- dents; and (F) the applicant has the capacity to con- duct 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 an- nual grants to Centers which have been des- ignated 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 sen- tence, 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. (July 1, 1944, ch. 373, title IV, § 464J, formerly title V, § 511, formerly Pub. L. 91–616, title V, § 503, formerly § 504, as added Pub. L. 94–371, § 7, July 26, 1976, 90 Stat. 1039; amended Pub. L. 95–622, title I, § 110(d), Nov. 9, 1978, 92 Stat. 3420; Pub. L. 96–180, § 16, Jan. 2, 1980, 93 Stat. 1305; re- numbered § 503 of Pub. L. 91–616 and amended Pub. L. 97–35, title IX, § 965(b), (c), Aug. 13, 1981, 95 Stat. 594; renumbered § 511 of act July 1, 1944, and amended Pub. L. 98–24, § 2(b)(9), Apr. 26, 1983, 97 Stat. 179; Pub. L. 99–570, title IV, § 4008, Oct. 27, 1986, 100 Stat. 3207–115; renumbered title IV, § 464J and amended Pub. L. 102–321, title I, § 122(d), July 10, 1992, 106 Stat. 360; Pub. L. 102–352, § 2(a)(2), Aug. 26, 1992, 106 Stat. 938.) Editorial Notes 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 gen- eral revision of subchapter V of this chapter by Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 1994. Pub. L. 102–408 enacted a new section 701 of act July 1, 1944, re- lating to statement of purpose, and a new section 702,