42 U.S.C. § 283r — National Science Advisory Board for Bio-

Page 670 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283r 1 So in original. No par. (2) has been enacted. (1) Identifying and funding areas of bio- medical science that could realize significant advancements through a prize competition. (2) Improving health outcomes, particularly with respect to human diseases and condi- tions— (A) for which public and private invest- ment in research is disproportionately small relative to Federal Government expendi- tures on prevention and treatment activities with respect to such diseases and conditions, such that Federal expenditures on health programs would be reduced; (B) that are serious and represent a signifi- cant disease burden in the United States; or (C) for which there is potential for signifi- cant return on investment to the United States. (b) Tracking; reporting The Director of the National Institutes of Health shall— (1) collect information on— (A) the effect of innovations funded through the prize competitions under this section in advancing biomedical science or improving health outcomes pursuant to sub- section (a); and (B) the effect of the innovations on Fed- eral expenditures; and (2) include the information collected under paragraph (1) in the triennial report under sec- tion 283 of this title (as amended by section 2032). (Pub. L. 114–255, div. A, title II, § 2002, Dec. 13, 2016, 130 Stat. 1047.) Editorial Notes REFERENCES IN TEXT Section 2032, referred to in subsec. (b)(2), means sec- tion 2032 of Pub. L. 114–255. CODIFICATION Section was enacted as part of the 21st Century Cures Act, and not as part of the Public Health Service Act which comprises this chapter. § 283r. National Science Advisory Board for Bio- security (a) Establishment The Secretary, acting through the Director of NIH, shall establish an advisory committee, to be known as the ‘‘National Science Advisory Board for Biosecurity’’ (referred to in this sec- tion as the ‘‘Board’’). (b) Duties (1) 1 In general The National Science Advisory Board for Biosecurity referred to in section 205 of the Pandemic and All-Hazards Preparedness Act (Public Law 109–417) (referred to in this sec- tion as the ‘‘Board’’) shall provide technical advice, guidance, or recommendations, to rel- evant Federal departments and agencies re- lated to biosafety and biosecurity oversight of biomedical research, including— (A) oversight of federally-conducted or fed- erally-supported dual use biomedical re- search, such as the review of policies or frameworks used to assess and appropriately manage safety and security risks associated with such research, taking into consider- ation national security concerns, the poten- tial benefits of such research, considerations related to the research community, trans- parency, and public availability of informa- tion, and international research collabora- tion; and (B) continuing to carry out the activities required under section 205 of the Pandemic and All-Hazards Preparedness Act (Public Law 109–417). (c) Considerations In carrying out the duties under subsection (b), the Board may consider strategies to im- prove the safety and security of biomedical re- search, including through— (1) leveraging or using new technologies and scientific advancements to reduce safety and security risks associated with such research and improve containment of pathogens; and (2) outreach to, and education and training of, researchers, laboratory personnel, and other appropriate individuals with respect to safety and security risks associated with such research and mitigation of such risks. (d) Membership The Board shall be composed of the following: (1) Non-voting, ex officio members, including the following: (A) At least one representative of each of the following: (i) The Department of Health and Human Services. (ii) The Department of Defense. (iii) The Department of Agriculture. (iv) The Department of Homeland Secu- rity. (v) The Department of Energy. (vi) The Department of State. (vii) The Office of Science and Tech- nology Policy. (viii) The Office of the Director of Na- tional Intelligence. (B) Representatives of such other Federal departments or agencies as the Secretary de- termines appropriate to carry out the re- quirements of this section. (2) Individuals, appointed by the Secretary, with expertise in biology, infectious diseases, public health, ethics, national security, and other fields, as the Secretary determines ap- propriate, who shall serve as voting members. (July 1, 1944, ch. 373, title IV, § 404O, as added Pub. L. 117–328, div. FF, title II, § 2313(a), Dec. 29, 2022, 136 Stat. 5761.) Editorial Notes REFERENCES IN TEXT Section 205 of the Pandemic and All-Hazards Pre- paredness Act, referred to in subsec. (b)(1), is section 205 of Pub. L. 109–417, which is set out as a note below. Page 671 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 284 Statutory Notes and Related Subsidiaries ORDERLY TRANSITION Pub. L. 117–328, div. FF, title II, § 2313(b), Dec. 29, 2022, 136 Stat. 5762, provided that: ‘‘The Secretary of Health and Human Services shall take such steps as are nec- essary to provide for the orderly transition to the au- thority of the National Science Advisory Board for Bio- security established under section 404O of the Public Health Service Act [42 U.S.C. 283r], as added by sub- section (a), from any authority of the Board described in section 205 of the Pandemic and All-Hazards Pre- paredness Act (Public Law 109–417) [set out below], as in effect on the day before the date of enactment of this Act [Dec. 29, 2022].’’ APPLICATION Pub. L. 117–328, div. FF, title II, § 2313(c), Dec. 29, 2022, 136 Stat. 5763, provided that: ‘‘The requirements under section 404O of the Public Health Service Act [42 U.S.C. 283r], as added by subsection (a), related to the mission, activities, or functions of the National Science Advi- sory Board for Biosecurity shall not apply until the completion of any work undertaken by such Board be- fore the date of enactment of this Act [Dec. 29, 2022].’’ NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY: PROVISION OF ADVICE, GUIDANCE, OR RECOMMENDATIONS Pub. L. 109–417, title II, § 205, Dec. 19, 2006, 120 Stat. 2851, provided that: ‘‘The National Science Advisory Board for Biosecurity shall, when requested by the Sec- retary of Health and Human Services, provide to rel- evant Federal departments and agencies, advice, guid- ance, or recommendations concerning— ‘‘(1) a core curriculum and training requirements for workers in maximum containment biological lab- oratories; and ‘‘(2) periodic evaluations of maximum containment biological laboratory capacity nationwide and assess- ments of the future need for increased laboratory ca- pacity.’’ PART B—GENERAL PROVISIONS RESPECTING NATIONAL RESEARCH INSTITUTES § 284. Directors of national research institutes (a) Appointment (1) In general The Director of the National Cancer Insti- tute shall be appointed by the President, and the Directors of the other national research institutes and national centers shall be ap- pointed by the Secretary, acting through the Director of National Institutes of Health. Each Director of a national research institute or na- tional center shall report directly to the Di- rector of National Institutes of Health. (2) Appointment (A) Term A Director of a national research institute or national center who is appointed by the Secretary, acting through the Director of National Institutes of Health, shall be ap- pointed for 5 years. (B) Reappointment At the end of the term of a Director of a national research institute or national cen- ter, the Director may be reappointed in ac- cordance with standards applicable to the relevant appointment mechanism. There shall be no limit on the number of terms that a Director may serve. (C) Vacancies If the office of a Director of a national re- search institute or national center becomes vacant before the end of such Director’s term, the Director appointed to fill the va- cancy shall be appointed for a 5-year term starting on the date of such appointment. (D) Current directors Each Director of a national research insti- tute or national center who is serving on De- cember 13, 2016, shall be deemed to be ap- pointed for a 5-year term under this sub- section beginning on such date. (E) Rule of construction Nothing in this subsection shall be con- strued to limit the authority of the Sec- retary or the Director of National Institutes of Health to terminate the appointment of a director referred to in subparagraph (A) be- fore the expiration of such director’s 5-year term. (F) Nature of appointment Appointments and reappointments under this subsection shall be made on the basis of ability and experience as it relates to the mission of the National Institutes of Health and its components, including compliance with any legal requirement that the Sec- retary or Director of National Institutes of Health determines relevant. (3) Nonapplication of certain provision The restrictions contained in section 202 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1993 (Public Law 102–394; 42 U.S.C. 238f note) related to consultants and individual scientists appointed for limited pe- riods of time shall not apply to Directors ap- pointed under this subsection. (b) Duties and authority; grants, contracts, and cooperative agreements (1) In carrying out the purposes of section 241 of this title with respect to human diseases or disorders or other aspects of human health for which the national research institutes were es- tablished, the Secretary, acting through the Di- rector of each national research institute— (A) shall encourage and support research, in- vestigations, experiments, demonstrations, and studies in the health sciences related to— (i) the maintenance of health, (ii) the detection, diagnosis, treatment, and prevention of human diseases and dis- orders, (iii) the rehabilitation of individuals with human diseases, disorders, and disabilities, and (iv) the expansion of knowledge of the processes underlying human diseases, dis- orders, and disabilities, the processes under- lying the normal and pathological func- tioning of the body and its organ systems, and the processes underlying the inter- actions between the human organism and the environment; (B) may, subject to the peer review pre- scribed under section 289a(b) of this title and