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

Page 695 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 285 1 See References in Text note below. garding scientific advances, research ques- tions, surveillance activities, and emerging strains in species of pathogenic organisms. (3) Membership The members of the working group shall rep- resent a diversity of scientific disciplines and views and shall be composed of the following members: (A) Federal members Seven Federal members, consisting of one or more representatives of each of the fol- lowing: (i) The Office of the Assistant Secretary for Health. (ii) The Food and Drug Administration. (iii) The Centers for Disease Control and Prevention. (iv) The National Institutes of Health. (v) Such other agencies and offices of the Department of Health and Human Services as the Secretary determines appropriate. (B) Non–Federal public members Seven non–Federal public members, con- sisting of representatives of the following categories: (i) Physicians and other medical pro- viders with experience in diagnosing and treating tick-borne diseases. (ii) Scientists or researchers with exper- tise. (iii) Patients and their family members. (iv) Nonprofit organizations that advo- cate for patients with respect to tick- borne diseases. (v) Other individuals whose expertise is determined by the Secretary to be bene- ficial to the functioning of the Working Group. (4) Meetings The Working Group shall meet not less than twice each year. (5) Reporting Not later than 2 years after December 13, 2016, and every 2 years thereafter until termi- nation of the Working Group pursuant to para- graph (7), the Working Group shall— (A) submit a report on its activities under paragraph (2)(A) and any recommendations under paragraph (2)(B) to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Com- mittee on Health, Education, Labor, and Pensions of the Senate; and (B) make such report publicly available on the Internet website of the Department of Health and Human Services. (6) Applicability of FACA The Working Group shall be treated as an advisory committee subject to the Federal Ad- visory Committee Act (5 U.S.C. App.).1 (7) Sunset The Working Group under this section shall terminate 6 years after December 13, 2016. (Pub. L. 114–255, div. A, title II, § 2062, Dec. 13, 2016, 130 Stat. 1079.) Editorial Notes REFERENCES IN TEXT Section 2032, referred to in subsec. (b), means section 2032 of Pub. L. 114–255. The Federal Advisory Committee Act, referred to in subsec. (c)(6), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. 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. PART C—SPECIFIC PROVISIONS RESPECTING NATIONAL RESEARCH INSTITUTES SUBPART 1—NATIONAL CANCER INSTITUTE § 285. Purpose of Institute The general purpose of the National Cancer In- stitute (hereafter in this subpart referred to as the ‘‘Institute’’) is the conduct and support of research, training, health information dissemi- nation, and other programs with respect to the cause, diagnosis, prevention, and treatment of cancer, rehabilitation from cancer, and the con- tinuing care of cancer patients and the families of cancer patients. (July 1, 1944, ch. 373, title IV, § 410, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 832; amended Pub. L. 100–607, title I, § 121, Nov. 4, 1988, 102 Stat. 3054.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–607 inserted ‘‘, rehabilitation from cancer,’’ after ‘‘treatment of cancer’’. Executive Documents WHITE HOUSE CANCER MOONSHOT TASK FORCE Memorandum of President of the United States, Jan. 28, 2016, 81 F.R. 5361, provided: Memorandum for the Heads of Executive Depart- ments and Agencies Cancer is a leading cause of death, and cancer inci- dence is expected to increase worldwide in the coming decades. But today, cancer research is on the cusp of major breakthroughs. It is of critical national impor- tance that we accelerate progress towards prevention, treatment, and a cure—to double the rate of progress in the fight against cancer—and put ourselves on a path to achieve in just 5 years research and treatment gains that otherwise might take a decade or more. To that end, I hereby direct the following: SECTION 1. White House Cancer Moonshot Task Force. There is established, within the Office of the Vice President, a White House Cancer Moonshot Task Force (Task Force), which will focus on making the most of Federal investments, targeted incentives, private sec- tor efforts from industry and philanthropy, patient en- gagement initiatives, and other mechanisms to support cancer research and enable progress in treatment and care. The Vice President shall serve as Chair of the Task Force. (a) Membership of the Task Force. In addition to the Vice President, the Task Force shall consist of the Page 696 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 285a heads of the executive branch departments, agencies, and offices listed below: (i) the Department of Defense; (ii) the Department of Commerce; (iii) the Department of Health and Human Services; (iv) the Department of Energy; (v) the Department of Veterans Affairs; (vi) the Office of Management and Budget; (vii) the National Economic Council; (viii) the Domestic Policy Council; (ix) the Office of Science and Technology Policy; (x) the Food and Drug Administration; (xi) the National Cancer Institute (NCI); (xii) the National Institutes of Health (NIH); (xiii) the National Science Foundation; and (xiv) such other executive branch departments, agen- cies, or offices as the President may designate. A member of the Task Force may designate, to per- form the Task Force functions of the member, any per- son who is a part of the member’s department, agency, or office, and who is a full time officer or employee of the Federal Government. At the direction of the Chair, the Task Force may establish subgroups consisting ex- clusively of Task Force members or their designees under this section, as appropriate. (b) Administration of the Task Force. The NIH shall provide funding and administrative support for the Task Force to the extent permitted by law and within existing appropriations. The Vice President shall des- ignate an officer or employee of the executive branch as the Executive Director of the Task Force, who shall coordinate the work of the Task Force. SEC. 2. Mission and Functions of the Task Force. The Task Force shall work with a wide array of executive departments and agencies that have responsibility for key issues related to basic, translational, and clinical research, therapy development, regulation of medical products, and medical care related to cancer. Con- sistent with applicable law, the Task Force also will consult with external experts from relevant scientific sectors, including the Presidentially appointed Na- tional Cancer Advisory Board (NCAB). The NCAB shall advise the Director of NCI on its recommendations re- specting the future direction and program and policy emphasis of NCI as it relates to the work of the Task Force. To assist the NCAB in providing this advice, the NCAB is strongly encouraged to establish a working group consisting of a Blue Ribbon Panel of scientific experts. The Director shall relay the advice of the NCAB to the Task Force, as appropriate. The functions of the Task Force are advisory only and shall include, but shall not be limited to, producing a detailed set of findings and recommendations to: (a) accelerate our understanding of cancer, and its prevention, early detection, treatment, and cure; (b) improve patient access and care; (c) support greater access to new research, data, and computational capabilities; (d) encourage development of cancer treatments; (e) identify and address any unnecessary regulatory barriers and consider ways to expedite administrative reforms; (f) ensure optimal investment of Federal resources; and (g) identify opportunities to develop public-private partnerships and increase coordination of the Federal Government’s efforts with the private sector, as appro- priate. SEC. 3. Outreach. Consistent with the objectives set out in section 2 of this memorandum, the Task Force, in accordance with applicable law, in addition to reg- ular meetings, shall conduct outreach with representa- tives of the cancer patient community, academia, busi- ness, nonprofit organizations, State and local govern- ment agencies, the research community, and other in- terested persons that will assist with the Task Force’s development of a detailed set of recommendations. SEC. 4. Transparency and Reports. The Task Force shall facilitate the posting on the Internet of reports and engage in an open, reciprocal dialogue with the American people. The Task Force shall present to the President a report before December 31, 2016, on its find- ings and recommendations, which shall be made avail- able to the public and posted on the Internet. SEC. 5. General Provisions. (a) The heads of executive departments and agencies shall assist and provide in- formation to the Task Force, consistent with applica- ble law, as may be necessary to carry out the functions of the Task Force. Each executive department and agency shall bear its own expense for participating in the Task Force. (b) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) authority granted by law to an executive depart- ment, agency, or the head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. SEC. 6. Publication. The Secretary of Health and Human Services is authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 285a. National Cancer Program The National Cancer Program shall consist of (1) an expanded, intensified, and coordinated cancer research program encompassing the re- search programs conducted and supported by the Institute and the related research programs of the other national research institutes, including an expanded and intensified research program for the prevention of cancer caused by occupa- tional or environmental exposure to carcino- gens, and (2) the other programs and activities of the Institute. (July 1, 1944, ch. 373, title IV, § 411, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 832.) § 285a–1. Cancer control programs The Director of the Institute shall establish and support demonstration, education, and other programs for the detection, diagnosis, pre- vention, and treatment of cancer and for reha- bilitation and counseling respecting cancer. Pro- grams established and supported under this sec- tion shall include— (1) locally initiated education and dem- onstration programs (and regional networks of such programs) to transmit research results and to disseminate information respecting— (A) the detection, diagnosis, prevention, and treatment of cancer, (B) the continuing care of cancer patients and the families of cancer patients, and (C) rehabilitation and counseling respect- ing cancer, to physicians and other health professionals who provide care to individuals who have can- cer; (2) the demonstration of and the education of students of the health professions and health professionals in— (A) effective methods for the prevention and early detection of cancer and the identi-