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

Page 736 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 285g supplement, and not supplant, other public or private support for activities authorized to be supported. (July 1, 1944, ch. 373, title IV, § 447D, as added Pub. L. 117–328, div. FF, title II, § 2301, Dec. 29, 2022, 136 Stat. 5756.) SUBPART 7—EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DE- VELOPMENT Editorial Notes CODIFICATION Pub. L. 110–154, § 1(b)(7), Dec. 21, 2007, 121 Stat. 1827, substituted ‘‘Eunice Kennedy Shriver National Insti- tute of Child Health and Human Development’’ for ‘‘Na- tional Institute of Child Health and Human Develop- ment’’ in subpart heading. § 285g. Purpose of Institute The general purpose of the Eunice Kennedy Shriver National Institute of Child Health and Human Development (hereafter in this subpart referred to as the ‘‘Institute’’) is the conduct and support of research, training, health infor- mation dissemination, and other programs with respect to gynecologic health, maternal health, child health, intellectual disabilities, human growth and development, including prenatal de- velopment, population research, and special health problems and requirements of mothers and children. (July 1, 1944, ch. 373, title IV, § 448, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 856; amended Pub. L. 106–554, § 1(a)(1) [title II, § 215], Dec. 21, 2000, 114 Stat. 2763, 2763A–28; Pub. L. 110–154, § 1(d), Dec. 21, 2007, 121 Stat. 1828; Pub. L. 111–256, § 2(f)(2), Oct. 5, 2010, 124 Stat. 2644.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–256 substituted ‘‘intellectual disabil- ities,’’ for ‘‘mental retardation,’’. 2000—Pub. L. 106–554 inserted ‘‘gynecologic health,’’ after ‘‘with respect to’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Eunice Kennedy Shriver National Institute of Child Health and Human Development’’ substituted for ‘‘Na- tional Institute of Child Health and Human Develop- ment’’ in text, on authority of section 1(d) of Pub. L. 110–154, set out below. Pub. L. 110–154, § 1(d), Dec. 21, 2007, 121 Stat. 1828, pro- vided that: ‘‘Any reference in any law, regulation, order, document, paper, or other record of the United States to the ‘National Institute of Child Health and Human Development’ shall be deemed to be a reference to the ‘Eunice Kennedy Shriver National Institute of Child Health and Human Development’.’’ EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT; FINDINGS Pub. L. 110–154, § 1(a), Dec. 21, 2007, 121 Stat. 1826, as amended by Pub. L. 111–256, § 2(h), Oct. 5, 2010, 124 Stat. 2644, provided that: ‘‘Congress makes the following findings: ‘‘(1) Since it was established by Congress in 1962 at the request of President John F. Kennedy, the Na- tional Institute of Child Health and Human Develop- ment has achieved an outstanding record of achieve- ment in catalyzing a concentrated attack on the un- solved health problems of children and of mother-in- fant relationships by fulfilling its mission to— ‘‘(A) ensure that every individual is born healthy and wanted, that women suffer no harmful effects from reproductive processes, and that all children have the chance to achieve their full potential for healthy and productive lives, free from disease or disability; and ‘‘(B) ensure the health, productivity, independ- ence, and well-being of all individuals through opti- mal rehabilitation. ‘‘(2) The National Institute of Child Health and Human Development has made unparalleled contribu- tions to the advancement of child health and human development, including significant efforts to— ‘‘(A) reduce dramatically the rates of Sudden In- fant Death Syndrome, infant mortality, and mater- nal HIV transmission; ‘‘(B) develop the Haemophilus Influenza B (Hib) vaccine, credited with nearly eliminating the inci- dence of intellectual disabilities; and ‘‘(C) conduct intramural research, support extra- mural research, and train thousands of child health and human development researchers who have con- tributed greatly to dramatic gains in child health throughout the world. ‘‘(3) The vision, drive, and tenacity of one woman, Eunice Kennedy Shriver, was instrumental in pro- posing, passing, and enacting legislation to establish the National Institute of Child Health and Human Development (Public Law 87–838) [see Tables for clas- sification] on October 17, 1962. ‘‘(4) It is befitting and appropriate to recognize the substantial achievements of Eunice Kennedy Shriver, a tireless advocate for children with special needs, whose foresight in creating the National Institute of Child Health and Human Development gave life to the words of President Kennedy, who wished to ‘en- courage imaginative research into the complex proc- esses of human development from conception to old age.’ ’’ [For definition of ‘‘intellectual disabilities’’ in sec- tion 1(a) of Pub. L. 110–154, set out above, see Defini- tions note below.] LONG-TERM CHILD DEVELOPMENT STUDY Pub. L. 106–310, div. A, title X, § 1004, Oct. 17, 2000, 114 Stat. 1130, as amended by Pub. L. 108–446, title III, § 301, Dec. 3, 2004, 118 Stat. 2803; Pub. L. 109–482, title I, § 104(b)(3)(E), Jan. 15, 2007, 120 Stat. 3694; Pub. L. 110–154, § 1(d), Dec. 21, 2007, 121 Stat. 1828, provided that: ‘‘(a) PURPOSE.—It is the purpose of this section to au- thorize the Eunice Kennedy Shriver National Institute of Child Health and Human Development to conduct a national longitudinal study of environmental influ- ences (including physical, chemical, biological, and psychosocial) on children’s health and development. ‘‘(b) IN GENERAL.—The Director of the Eunice Ken- nedy Shriver National Institute of Child Health and Human Development shall establish a consortium of representatives from appropriate Federal agencies (in- cluding the Centers for Disease Control and Prevention, the Environmental Protection Agency, and the Depart- ment of Education) to— ‘‘(1) plan, develop, and implement a prospective co- hort study, from birth to adulthood, to evaluate the effects of both chronic and intermittent exposures on child health and human development; and ‘‘(2) investigate basic mechanisms of developmental disorders and environmental factors, both risk and protective, that influence health and developmental processes. ‘‘(c) REQUIREMENT.—The study under subsection (b) shall— ‘‘(1) incorporate behavioral, emotional, edu- cational, and contextual consequences to enable a complete assessment of the physical, chemical, bio- logical and psychosocial environmental influences on children’s well-being; Page 737 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 285g–4 ‘‘(2) gather data on environmental influences and outcomes on diverse populations of children, which may include the consideration of prenatal exposures; ‘‘(3) consider health disparities among children which may include the consideration of prenatal ex- posures; and ‘‘(4) be conducted in compliance with section 444 of the General Education Provisions Act (20 U.S.C. 1232g), including the requirement of prior parental consent for the disclosure of any education records, except without the use of authority or exceptions granted to authorized representatives of the Sec- retary of Education for the evaluation of Federally- supported education programs or in connection with the enforcement of the Federal legal requirements that relate to such programs. ‘‘[(d) Repealed. Pub. L. 109–482, title I, § 104(b)(3)(E), Jan. 15, 2007, 120 Stat. 3694.] ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $18,000,000 for fiscal year 2001, and such sums as may be necessary for each [sic] the fiscal years 2002 through 2005.’’ NATIONAL COMMISSION TO PREVENT INFANT MORTALITY; COMPOSITION; VOLUNTARY SERVICES; DURATION Pub. L. 100–436, title IV, Sept. 20, 1988, 102 Stat. 1709, provided that the National Commission to Prevent In- fant Mortality was to be composed of sixteen members, including seven at large members, and that it had power to accept voluntary and uncompensated services, notwithstanding section 1342 of title 31, and was to con- tinue operating, notwithstanding sections 208 and 209 of Pub. L. 99–660 (formerly set out below). NATIONAL COMMISSION TO PREVENT INFANT MORTALITY Pub. L. 99–660, title II, Nov. 14, 1986, 100 Stat. 3752, known as the National Commission to Prevent Infant Mortality Act of 1986, established National Commission to Prevent Infant Mortality to examine and make rec- ommendation on government and private resources, policies, and programs which impact on infant mor- tality, required Commission to submit recommenda- tions to President and Congress no later than one year after Nov. 14, 1986, and terminated Commission 90 days after submission of recommendations. DEFINITIONS For meaning of references to an intellectual dis- ability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111–256, see section 2(k) of Pub. L. 111–256, set out as a note under section 1400 of Title 20, Education. § 285g–1. Sudden infant death syndrome research The Director of the Institute shall conduct and support research which specifically relates to sudden infant death syndrome. (July 1, 1944, ch. 373, title IV, § 449, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 856.) § 285g–2. Research on intellectual disabilities The Director of the Institute shall conduct and support research and related activities into the causes, prevention, and treatment of intel- lectual disabilities. (July 1, 1944, ch. 373, title IV, § 450, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 856; amended Pub. L. 111–256, § 2(f)(3), Oct. 5, 2010, 124 Stat. 2644.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–256 amended section generally. Prior to amendment, text read as follows: ‘‘The Director of the Institute shall conduct and support research and related activities into the causes, prevention, and treatment of mental retardation.’’ Statutory Notes and Related Subsidiaries DEFINITIONS For meaning of references to an intellectual dis- ability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111–256, see section 2(k) of Pub. L. 111–256, set out as a note under section 1400 of Title 20, Education. § 285g–3. Associate Director for Prevention; ap- pointment; function There shall be in the Institute an Associate Director for Prevention to coordinate and pro- mote the programs in the Institute concerning the prevention of health problems of mothers and children. The Associate Director shall be ap- pointed by the Director of the Institute from in- dividuals who because of their professional training or experience are experts in public health or preventive medicine. (July 1, 1944, ch. 373, title IV, § 451, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 856; amended Pub. L. 105–362, title VI, § 601(a)(1)(E), Nov. 10, 1998, 112 Stat. 3285.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–362 struck out subsec. (a) designa- tion and struck out subsec. (b) which read as follows: ‘‘The Associate Director for Prevention shall prepare for inclusion in the biennial report made under section 284b of this title a description of the prevention activi- ties of the Institute, including a description of the staff and resources allocated to those activities.’’ § 285g–4. National Center for Medical Rehabilita- tion Research (a) Establishment of Center There shall be in the Institute an agency to be known as the National Center for Medical Reha- bilitation Research (hereafter in this section re- ferred to as the ‘‘Center’’). The Director of the Institute shall appoint a qualified individual to serve as Director of the Center. The Director of the Center shall report directly to the Director of the Institute. (b) Purpose The general purpose of the Center is the con- duct, support, and coordination of research and research training (including research on the de- velopment of orthotic and prosthetic devices), the dissemination of health information, and other programs with respect to the rehabilita- tion of individuals with physical disabilities re- sulting from diseases or disorders of the neuro- logical, musculoskeletal, cardiovascular, pul- monary, or any other physiological system (hereafter in this section referred to as ‘‘medical rehabilitation’’). (c) Authority of Director (1) In carrying out the purpose described in subsection (b), the Director of the Center may— (A) provide for clinical trials regarding med- ical rehabilitation; (B) provide for research regarding model sys- tems of medical rehabilitation;