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Page:United States Statutes at Large Volume 99 Part 1.djvu/881

 PUBLIC LAW 99-158-NOV. 20, 1985

99 STAT. 859

health, and the fundamental sciences related thereto, and other related fields of study, research, or activity. "BOARD OF REGENTS

"SEC. 466. (a)(l)(A) The Board of Regents of the National Library of Medicine consists of ex officio members and ten members appointed by the Secretary. (B) The ex officio members are the Surgeons General of the Public Health Service, the Army, the Navy, and the Air Force, the Chief Medical Director of the Veterans' Administration, the Dean of the Uniformed Services University of the Health Sciences, the Assistant Director for Biological, Behavioral, and Social Sciences of the National Science Foundation, the Director of the National Agricultural Library, and the Librarian of Congress (or their designees). "(C) The appointed members shall be selected from among leaders in the various fields of the fundamental sciences, medicine, dentistry, public health, hospital administration, pharmacology, health communications technology, or scientific or medical library work, or in public affairs. At least six of the appointed members shall be selected from among leaders in the fields of medical, dental, or public health research or education. "(2) The Board shall annually elect one of the appointed members to serve as chairman until the next election. The Secretary shall designate a member of the Library staff to act as executive secretary of the Board. "(b) The Board shall advise, consult with, and make recommendations to the Secretary on matters of policy in regard to the Library, including such matters as the acquisition of materials for the Library, the scope, content, and organization of the Library'services, and the rules under which its materials, publications, facilities, and services shall be made available to various kinds of users. The Secretary shall include in the annual report of the Secretary to the Congress a statement covering the recommendations made by the Board and the disposition thereof. The Secretary may use the services of any member of the Board in connection with matters related to the work of the Library, for such periods, in addition to conference periods, as the Secretary may determine. "(c) Each appointed member of the Board shall hold office for a term of four years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor of such member was appointed shall be appointed for the remainder of such term. None of the appointed members shall be eligible for reappointment within one year after the end of the preceding term of such member.

42 USC 286a.

Prohibition.

UBRARY FACILITIES

"SEC. 467. There are authorized to be appropriated amounts sufficient for the erection and equipment of suitable and adequate buildings and facilities for use of the Library. The Administrator of General Services may acquire, by purchase, condemnation, donation, or otherwise, a suitable site or sites, selected by the Secretary in accordance with the direction of the Board, for such buildings and facilities and to erect thereon, furnish, and equip such buildings and facilities. The amounts authorized to be appropriated by this section

Public buildings and grounds. 42 USC 286a-l.

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 99 STAT. 860

Contracts.

PUBLIC LAW 99-158—NOV. 20, 1985 include the cost of preparation of drawings and specifications, supervision of construction, and other administrative expenses incident to the work. The Administrator of General Services shall prepare the plans and specifications, make all necessary contracts, and supervise construction. "Subpart 2—Financial Assistance AUTHORIZATION OF APPROPRIATIONS

Grants. Contracts. 42 USC 286b. Infra; post, pp. 861-863.

"SEC. 469. For the purpose of grants and contracts under sections 472, 473, 474, 475, and 476, there are authorized to be appropriated $12,000,000 for fiscal year 1986, $13,000,000 for fiscal year 1987, and $14,000,000 for fiscal year 1988. Funds appropriated under this section shall remain available for such purposes until the end of the fiscal year immediately following the fiscal year for which they were appropriated. "DEFINITIONS

42 USC 286b-l.

"SEC. 470. As used in this subpart— "(1) the term 'medical library' means a library related to the sciences related to health; and "(2) the term 'sciences related to health' includes medicine, osteopathy, dentistry, and public health, and fundamental and applied sciences when related thereto. "NATIONAL MEDICAL UBRARIES ASSISTANCE ADVISORY BOARD

42 USC 286b-2.

Regulations.

42 USC 210.

"SEC. 471. (a) The Board of Regents of the National Library of Medicine shall also serve as the National Medical Libraries Assistance Advisory Board (hereafter in this subpart referred to as the 'Board'). "Oa) The Board shall advise and assist the Secretary in the preparation of general regulations and with respect to policy matters arising in the administration of this subpart. "(c) The Secretary may use the services of any member of the Board, in connection with matters related to the administration of this part for such periods, in addition to conference periods, as the Secretary may determine. "(d) Appointed members of the Board who are not otherwise in the employ of the United States, while attending conferences of the Board or otherwise serving at the request of the Secretary in connection with the administration of this subpart, shall be entitled to receive compensation, per diem in lieu of subsistence, and travel expenses in the same manner and under the same conditions as that prescribed under section 208(c) when attending conferences, traveling, or serving at the request of the Secretary in connection with the Board's function under this section. GRANTS FOR TRAINING IN MEDICAL LIBRARY SCIENCES

42 USC 286b-3.

"SEC. 472. The Secretary shall make grants— "(1) to individuals to enable them to accept traineeships and fellowships leading to postbaccalaureate academic degrees in the field of medical library science, in related fields pertaining to sciences related to health, or in the field of the communication of information;

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Page:United States Statutes at Large Volume 99 Part 1.djvu/883

 PUBLIC LAW 99-158—NOV. 20, 1985

99 STAT. 861

"(2) to individuals who are librarians or specialists in information on sciences relating to health, to enable them to undergo intensive training or retraining so as to attain greater competence in their occupations (including competence in the fields of automatic data processing and retrieval); "(3) to assist appropriate public and private nonprofit institutions in developing, expanding, and improving training programs in library science and the field of communications of information pertaining to sciences relating to health; and "(4) to assist in the establishment of internship programs in established medical libraries meeting standards which the Secretary shall prescribe. "ASSISTANCE FOR SPECIAL SCIENTIFIC PROJECTS, AND FOR RESEARCH AND DEVELOPMENT IN MEDICAL UBRARY SCIENCE AND RELATED FIELDS

"SEC. 473. (a) The Secretary shall make grants to physicians and other practitioners in the sciences related to health, to scientists, and to public or nonprofit private institutions on behalf of such physicians, other practitioners, and scientists for the compilation of existing, or the writing of original, contributions relating to scientific, social, or cultural advancements in sciences related to health. In making such grants, the Secretary shall make appropriate arrangements under which the facilities of the Library and the facilities of libraries of public and private nonprofit institutions of higher learning may be made available in connection with the projects for which such grants are made. "(b) The Secretary shall make grants to appropriate public or private nonprofit institutions and enter into contracts with appropriate persons, for purposes of carrying out projects of research, investigations, and demonstrations in the field of medical library science and related activities and for the development of new techniques, systems, and equipment, for processing, storing, retrieving, and distributing information pertaining to sciences related to health.

Grants. Physicians. 42 USC 286b-4.

Contracts.

GRANTS FOR ESTABLISHING, EXPANDING, AND IMPROVING THE BASIC RESOURCES OF MEDICAL UBRARIES AND RELATED INSTRUMENTALITIES

"SEC. 474. (a) The Secretary shall make grants of money, materials, or both, to public or private nonprofit medical libraries and related scientific communication instrumentalities for the purpose of establishing, expanding, and improving their basic medical library or related resources. A grant under this subsection may be used for— "(1) the acquisition of books, journals, photographs, motion picture and other films, and other similar materials; "(2) catalojging, binding, and other services and procedures for processing library resource materials for use by those who are served by the library or related instrumentality; "(3) the acquisition of duplication devices, facsimile equipment, film projectors, recording equipment, and other equipment to facilitate the use of the resources of the library or related instrumentality by those who are served by it; and "(4) the introduction of new technologies in medical librarianship.

42 USC 286b-5.

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 99 STAT. 862

Students. Physicians.

Hospitals.

PUBLIC LAW 99-158—NOV. 20, 1985 "(b)(1) The amount of any grant under this section to any medical library or related instrumentality shall be determined by the Secretary on the basis of the scope of library or related services provided by such library or instrumentality in relation to the population and purposes served by it. In making a determination of the scope of services served by any medical library or related instrumentality, the Secretary shall take into account"(A) the number of graduate and undergraduate students making use of the resources of such library or instrumentality; "(B) the number of physicians and other practitioners in the sciences related to health utilizing the resources of such library or instrumentality; "(C) the type of supportive staffs, if any, available to such library or instrumentality; "(D) the type, size, and qualifications of the faculty of anv school with which such library or instrumentality is affiliated; "(E) the staff of any hospital or hospitals or of any clinic or clinics with which such library or instrumentality is affiliated; and "(F) the geographic area served by such library or instrumentality and the availability within such area of medical library or related services provided by other libraries or related instrumentalities. "(2) Grants to such medical libraries or related instrumentalities under this section shall be in such amounts as the Secretary may by regulation prescribe with a view to assuring adecjuate continuing financial support for such libraries or instrumentalities from other sources during and after the period for which grants are provided, except that in no case shall any grant under this section to a medical library or related instrumentality for any fiscal year exceed $500,000. "GRANTS AND CONTRACTS FOR ESTABLISHMENT OF REGIONAL MEDICAL LIBRARIES

42 USC 286b-6.

"SEC. 475. (a) The Secretary, with the advice of the Board, shall make grants to and enter into contracts with existing public or private nonprofit medical libraries so as to enable each of them to serve as the regional medical library for the geographical area in which it is located. "(b) The uses for which grants and contracts under this section may be employed include the— "(1) acquisition of books, journals, and other similar materials; "(2) cataloging, binding, and other procedures for processing library resource materials for use by those who are served by the library; "(3) acquisition of duplicating devices and other equipment to facilitate the use of the resources of the library by those who are served by it; "(4) acquisition of mechanisms and employment of personnel for the speedy transmission of materials from the regional library to local libraries in the geographic area served by the regional library; and (5) planning for services and activities under this section. "(c)(1) Grants and contracts under this section shall only be made to or entered into with medical libraries which agree—

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 PUBLIC LAW 99-158-NOV. 20, 1985

99 STAT. 863

"(A) to modify and increase their library resources, and to supplement the resources of cooperating libraries in the region, so as to be able to provide adequate supportive services to all libraries in the region as well as to individual users of library services; and "(B) to provide free loan services to qualified users and make available photoduplicated or facsimile copies of biomedical materials which qualified requesters may retain. "(2) The Secretary, in awarding grants and contracts under this section, shall give priority to medical libraries having the greatest potential of fulfilling the needs for regional medical libraries. In determining the priority to be assigned to any medical library, the Secretary shall consider— "(A) the adequacy of the librarv (in terms of collections, personnel, equipment, and other facilities) as a basis for a regional medical library; and (B) the size and nature of the population to be served in the region in which the library is located. "(d) Grants and contracts under this section for basic resource materials to a library may not exceed— "(1) 50 percent of the library's annual operating expense (exclusive of Federal financial assistance under this part) for the preceding year; or "(2) in case of the first year in which the library receives a grant under this section for basic resource materials, 50 percent of its average annual operating expenses over the past three years (or if it had been in operation for less than three years, its annual operating expenses determined by the Secretary in accordance with regulations). "FINANCIAL SUPPORT OF BIOMEDICAL SCIENTIFIC PUBLICATIONS

"SEC. 476. (a) The Secretary, with the advice of the Board, shall make grants to, and enter into appropriate contracts with, public or private nonprofit institutions of higher education and individual scientists for the purpose of supporting biomedical scientific publications of a nonprofit nature and to procure the compilation, writing, editing, and publication of reviews, abstracts, indices, handbooks, bibliographies, and related matter pertaining to scientiHc works and scientific developments. "(b) Grants under subsection (a) in support of any single periodical publication may not be made for more than three years, except in those cases in which the Secretary determines that further support is necessary to carry out the purposes of subsection (a).

Grants. Contracts. Education. 42 USC 286b-7.

GRANT PAYMENTS, RECORDS, AND AUDIT

"SEC. 477. (a) Payments under grants made under sections 472, 473, 474, 475, and 476 may be made in advance or by way of reimbursement and in such installments as the Secretary shall prescribe by regulation after consultation with the Board. "(b)(1) Each recipient of a grant under this subpart shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant is given or used, and the amount of that portion of the cost of the project or undertaking

Regulations. 42 USC 286b-8. Ante, pp. 860-862; supra.

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 99 STAT. 864

PUBLIC LAW 99-158—NOV. 20, 1985 supplied by other sources, and such other records as will facilitate an effective audit. "(2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients that are pertinent to any grant received under this subpart. "PART E—OTHER AGENCIES OF N I H

"Subpart 1—Division of Research Resources "GENERAL PURPOSE

42 USC 287.

" S E C 479. The general purpose of the Division of Research Resources is to strengthen and enhance the research environments of entities engaged in health-related research by developing and supporting essential research resources. ADVISORY COUNCIL

42 USC 287a.

Gifts and property. 42 USC 300aa.

Grants. Gontracts.

Public information.

"SEC. 480. (a)(1) The Secretary shall appoint an advisory council for the Division of Research Resources which shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Division on matters related to the activities carried out by and through the Division and the policies respecting such activities. "(2) The advisory council for the Division of Research Resources may recommend to the Secretary acceptance, in accordeince with section 2101, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipping, or maintenance of facilities for the Division. "(3) The advisory council for the Division— "(A)(i) may make recommendations to the Director of the Division respecting research conducted at the Division, "(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects which show promise of making valuable contributions to human knowledge, and "(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Division; "(B) may collect, by correspondence or by personal investigation, information as to studies which are being carried on in the United States or any other country as to the diseases, disorders, or other aspects of human health with respect to which the Division is concerned and with the approval of the Director of the Division make available such information through appropriate publications for the benefit of public and private health entities and health professions personnel and scientists and for the information of the general public; and "(C) may appoint subcommittees and convene workshops and conferences. "(b)(1) The advisory council shall consist of ex officio members and not more than eighteen members appointed by the Secretary.

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 ,/

PUBLIC LAW 99-158—NOV. 20, 1985 "(2) The ex officio members of the advisory council shall consist of— "(A) the Secretary, the Director of NIH, the Director of the Division of Research Resources, the Chief Medical Director of the Veterans' Administration, and the Assistant Secretary of Defense for Health Affairs (or the designees of such officers), and "(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. "(3) The members of the advisory council who are not ex officio members shall be appointed as follows: "(A) Two-thirds of the members shall be appointed by the Secretary from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Division. "(B) One-third of the members shall be appointed by the Secretary from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. "(4) Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The other members of the advisory council shall receive, for each day (including traveltime) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule. "(c) The term of office of an appointed member of the advisory council is four years, except that any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term and the Secretary shall make appointments to an advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. A member may serve after the expiration of the member's term until a successor has taken office. A member who has been appointed for a term of four years may not be reappointed to an advisory council before two years from the date of expiration of such term of office. If a vacancy occurs in the advisory council among the appointed members, the Secretary shall make an appointment to fill the vacancy within 90 days from the date the vacancy occurs. Secretary from among the appointed members, except that the Secretary may select the Director of the Division of Research Resources to be the chairman of the advisory council. The term of office of the chairman shall be two years. "(e) The advisory council shall meet at the call of the chairman or upon the request of the Director of the Division of Research Resources, 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 Division. "(f) The Director of the Division of Research Resources shall designate a member of the staff of the Division to serve as the executive secretary of the advisory council. The Director of the Division shall make available to the advisory council such staff, information, and other assistance as it may require to carry out its functions. The Director of the Division shall provide orientation and training for new members of the advisory council to provide them with such information and training as may be appropriate for their effective participation in the functions of the advisory council.
 * (d) The chairman of the advisory council shall be selected by the

99 STAT. 865

Government organization and employees.

5 USC 5332 note.

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 99 STAT. 866 infra.

Reports.

PUBLIC LAW 99-158-NOV. 20, 1985 "(g) The advisory council may prepare, for inclusion in the biennial report made under section 481, (1) comments respecting the activities of the advisory council in the fiscal years respecting which the report is prepared, (2) comments on the progress of the Division of Research Resources in meeting its objectives, and (3) recommendations respecting the future directions and program and policy emphasis of the Division. The advisory council may prepare such additional reports as it may determine appropriate. "(h) This section does not terminate the membership of the advisory council for the Division of Research Resources which was in existence on the date of enactment of the Health Research Extension Act of 1985. After such date— "(1) the Secretary shall make appointments to such advisory council in such a manner as to bring about as soon as practicable the composition for such council prescribed by this section; "(2) the advisory council shall organize itself in accordance with this section and exercise the functions prescribed by this section; and "(3) the Director of the Division of Research Resources shall perform for such advisory council the functions prescribed by this section. "BIENNIAL REPORT

42 USC 287a-l. Ante, p. 826.

Ante, p. 864.

"SEC. 481. The Director of the Division of Research Resources, after consultation with the advisory council for the Division, shall prepare for inclusion in the biennial report made under section 403 a biennial report which shall consist of a description of the activities of the Division and program policies of the Director of the Division in the fiscal years respecting which the report is prepared. The Director of the Division may prepare such additional reports as the Director determines appropriate. The Director of the Division shall provide the advisory council of the Division an opportunity for the submission of the written comments referred to in section 480(g). "Subpart 2—John E. Fogarty International Center for Advanced Study in the Health Sciences "GENERAL PURPOSE

42 USC 287b.

Fellowships.

"SEC. 482. The general purpose of the John E. Fogarty International Center for Advanced Study in the Health Sciences is to— "(1) facilitate the assembly of scientists and others in the biomedical, behavioral, and related fields for discussion, study, and research relating to the development of health science internationaly; "(2) provide research programs, conferences, and seminars to further international cooperation and collaboration in the life sciences; "(3) provide postdoctorate fellowships for research training in the United States and abroad and promote exchanges of senior scientists between the United States and other countries; "(4) coordinate the activities of the National Institutes of Health concerned with the health sciences internationaly; and "(5) receive foreign visitors to the National Institutes of Health.

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 PUBLIC LAW 99-158-NOV. 20, 1985

99 STAT. 867

"Subpart 3—National Center for Nursing Research "PURPOSE OF THE CENTER

"SEC. 483. The general purpose of the National Center for Nursing Research (hereafter in this subpart referred to as the 'Center') is the conduct and support of, and dissemination of information respecting, basic and clinical nursing research, training, and other programs in patient care research.

42 USC 287c.

"SPECIFIC AUTHORITIES

"SEC. 484. To carry out section 483, the Director of the Center may provide research training and instruction and establish, in the Center and other nonpront institutions, research traineeships and fellowships in the study and investigation of the prevention of disease, health promotion, and the nursing care of individuals with and the families of individuals with acute and chronic illnesses. The Director of the Center may provide individuals receiving such training and instruction or such traineeships or fellowships with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. The Director may make grants to nonprofit institutions to provide such training and instruction ana traineeships and fellowships.

Fellowships. Supra. 42 USC 287C-1.

Grants.

"ADVISORY COUNCIL

"SEC. 485. (a)(l) The Secretar^^ shall appoint an advisory council for the Center which shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies respecting such activities. "(2) The advisory council for the Center may recommend to the Secretary acceptance, in accordance with section 2101, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipping, or maintenance of facilities for the Center. "(3) The advisory council for the Center— "(A)(i) may make recommendations to the Director of the Center respecting research conducted at the Center, "(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects which show promise of making valuable contributions to human knowledge, and "(ill) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; "(B) may collect, by correspondence or by personal investigation, information as to studies which are being carried on in the United States or any other country as to the diseases, disorders, or other aspects of human health with respect to which the Center is concerned and with the approval of the Director of the Center make available such information through appropriate publications for the benefit of public and private health entities and health professions personnel and scientists and for the information of the general public; and "(C) may appoint subcommittees and convene workshops and conferences.

42 USC 287C-2.

Gifts and property. 42 USC SOOaa.

Grants. Contracts.

Public information.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/890

 99 STAT. 868

PUBLIC LAW 99-158—NOV. 20, 1985

"(b)(1) The advisory council shall consist of ex officio members and not more than eighteen members appointed by the Secretary. "(2) The ex officio members of the advisory council shall consist of— "(A) the Secretary, the Director of NIH, the Director of the Center, the Chief Nursing Officer of the Veterans' Administration, the Assistant Secretary of Defense for Health Affairs, the Director of the Division of Nursing of the Health Resources and Services Administration (or the designees of such officers), and "(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. "(3) The members of the advisory council who are not ex officio members shall be appointed as follows: "(A) Two-thirds of the members shall be appointed by the Secretary from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center. Of the members appointed pursuant to this subparagraph, at least seven shall be professional nurses who are recognized experts in the area of clinical practice, education, or research. "(B) One-third of the members shall be appointed by the Secretary from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. Government "(4) Members of the advisory council who are officers or employorganization and ees of the United States shall not receive any compensation for employees. service on the advisory council. The other members of the advisory council shall receive, for each day (including traveltime) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the 5 USC 5332 note, annual rate in effect for grade GS-18 of the General Schedule. "(c) The term of office of an appointed member of the advisory council is four years, except that any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term and the Secretary shall make appointments to an advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. A member may serve after the expiration of the member's term until a successor has taken office. A member who has been appointed for a term of four years may not be reappointed to an advisory council before two years from the date of expiration of such term of office. If a vacancy occurs in the advisory council among the appointed members, the Secretary shall make an appointment to fill the vacancy within 90 days from the date the vacancy occurs. (d) The chairman of the advisory council shall be selected by the Secretary from among the appointed members, except that the Secretary may select the Director of the Center to be the chairman of the advisory council. The term of office of the chairman shall be two years. "(e) The advisory council shall meet at the call of the chairman or upon the request of the Director of the Center, 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 Center, "(f) The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the

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 PUBLIC LAW 99-158—NOV. 20, 1985 advisory council such staff, information, and other assistance as it may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide them with such information and training as may be appropriate for their effective participation in the functions of the advisory council. "(g) The advisory council may prepare, for inclusion in the biennial report made under section 486, (1) comments respecting the activities of the advisory council in the fiscal years respecting which the report is prepared, (2) comments on the progress of the Center in meeting its objectives, and (3) recommendations respecting the future directions and program and policy emphasis of the Center. The advisory council may prepare such additional reports as it may determine appropriate.

.99 STAT. 869

Infra.

"BIENNIAL REPORT

"SEC. 486. The Director of the Center after consultation with the advisory council for the Center, shall prepare for inclusion in the biennial report made under section 403 a biennial report which shall consist of a description of the activities of the Center and program policies of the Director of the Center in the fiscal years respecting which the report is prepared. The Director of the Center may prepare such additional reports as the Director determines appropriate. The Director of the Center shall provide the advisory council of the Center an opportunity for the submission of the written comments referred to in section 485(g).

42 USC 287c-3. Ante, p. 826.

Ante, p. 867.

"PART F—AWARDS AND TRAINING "NATIONAL RESEARCH SERVICE AWARDS

"SEC. 487. (a)(1) The Secretary shall— "(A) provide National Research Service Awards for— "(i) biomedical and behavioral research at the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration in matters relating to the cause, diagnosis, prevention, and treatment of the diseases or other health problems to which the activities of the National Institutes of Health and Administration are directed; "(ii) training at the National Institutes of Health and at the Administration of individuals to undertake such research; "(iii) biomedical and behavioral research and health services research (including research in primary medical care) at public and nonprofit private entities; and "(iv) pre-doctoral and post-doctoral training at public and private institutions of individuals to undertake biomedical and behavioral research; and "(B) make grants to public and nonprofit private institutions to enable such institutions to make National Research Service Awards for research (and training to undertake biomedical and behavioral research) in the matters described in subparagraph (A)(i) to individuals selected by such institutions. A reference in this subsection to the National Institutes of Health or the Alcohol, Drug Abuse, and Mental Health Administration shall

42 USC 288.

Grants.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/892

 99 STAT. 870

Prohibition. Physicians. Physicians.

Prohibitions.

Regulations.

Regulations.

Regulations. Grants.

Prohibition. Regulations.

Prohibition.

PUBLIC LAW 99-158-NOV. 20, 1985 be considered to include the institutes, agencies, divisions, and bureaus included in the National Institutes of Health or under the Administration, as the case may be. "(2) National Research Service Awards may not be used to support residency training of physicians and other health professionals. "(3) In awarding National Research Service Awaras under this section, the Secretary shall take account of the Nation's overall need for biomedical research personnel by giving special consideration to physicians who agree to undertake a minimum of two years of biomedical research. "(b)(1) No National Research Service Award may be made by the Secretary to any individual unless— "(A) the mdividual has submitted to the Secretary an application therefor and the Secretary has approved the application; "(B) the individual provides, m such form and manner as the Secretary shall by regulation prescribe, assurances satisfactory to the Secretary that the individual will meet the service requirement of subsection (c); and (C) in the case of a National Research Service Award for a purpose described in subsection (a)(l)(A)(iii), the individual has oeen sponsored (in such manner as the Secretary may by regulation require) by the institution at which the research or training under the award will be conducted. An application for an award shall be in such form, submitted in such manner, and contain such information, as the Secretary may by regulation prescribe. "(2) The making of grants under subsection (a)(1)(B) for National Research Service Awards shall be subject to review and approval by the appropriate advisory councils witnin the Department of Health and Human Services (A) whose activities relate to the research or training under the awards, or (B) for the entity at which such researcn or training will be conducted. "(3) No grant may be made under subsection (a)(1)(B) unless an application therefor has been submitted to and approved by the Secretary. Such application shall be in such form, suomitted in such manner, and contain such information, as the Secretary may by regulation prescribe. Subject to the provisions of this section (other than paragraph (1)), National Research Service Awards made under a grant under subsection (a)(1)(B) shall be made in accordance with such regulations as the Secretary shall prescribe. "(4) The period of any National Research Service Award made to any individual under subsection (a) may not exceed— "(A) five years in the aggregate for pre-doctoral training; and "(B) three years in the aggregate for post-doctoral training; unless the Secretary for good cause shown waives the application of such limit to such individual. "(5) National Research Service Awards shall provide for such stipends, tuition, fees, and allowances (including travel and subsistence expenses and dependency allowances), adjusted periodically to reflect increases in the cost of living, for the recipients of the awards as the Secretary may deem necessary. A National Research Service Award made to an individual for research or research training at a non-Federal public or nonprofit private institution shall also provide for payments to be made to the institution for the cost of support services (including the cost of faculty salaries, supplies, equipment, general research support, and related items) provided such individual by such institution. The amount of any such payments to any

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 PUBLIC LAW 99-158-NOV. 20, 1985 institution shall be determined by the Secretary and shall bear a direct relationship to the reasonable costs of the institution for establishing and maintaining the quality of its biomedical and behavioral research and training programs. "(c)(1) Each individual who is awarded a National Research Service Award (other than an individual who is a pre-baccalaureate student who is awarded a National Research Service Award for research training) shall, in accordance with paragraph (3), engage in health research or teaching or any combination thereof which is in accordance with the usual patterns of academic employment, for a period computed in accordance with paragraph (2). "(2) For each month for which an individual receives a National Research Service Award which is made for a period in excess of twelve months, such individual shall engage in one month of health research or teaching or any combination thereof which is in accordance with the usual patterns of academic employment. "(3) The requirement of paragraph (1) shall be complied with by any individual to whom it applies within such reasonable period of time, after the completion of such individual's award, as the Secretary shall by regulation prescribe. The Secretary shall by regulation prescribe the type of research and teaching in which an individual may engage to comply with such requirement and such other requirements respecting research and teaching as the Secretary considers appropriate. "(4)(A) If any individual to whom the requirement of paragraph (1) is applicable fails, within the period prescribed by paragraph (3), to comply with such requirements, the United States shall be entitled to recover from such individual an amount determined in accordance with the formula—

99 STAT. 871

Regulation.

,. ( - ) in which 'A' is the amount the United States is entitled to recover; W is the sum of the total amount paid under one or more National Kesearch Service Awards to such individual; 't' is the total number of months in such individual's service obligation; and 's' is the number of months of such obligation served by such individual in accordance with paragraphs (1) and (2) of this subsection. "(B) Any amount which the United States is entitled to recover under subparagraph (A) shall, within the three-year period beginning on the date the United States becomes entitled to recover such amount, be paid to the United States. Until any amount due the United States under subparagraph (A) on account of any National Research Service Award is paid, there shall accrue to the United States interest on such amount at a rate fixed by the Secretary of the Treasury after taking into consideration private consumer rates of interest prevailing on the date the United States becomes entitled to such amount. "(5)(A) Any obligation of an individual under paragraph (1) shall be canceled upon the death of such individual. "(B) The Secretary shall by regulation provide for the waiver or suspension of any such obligation applicable to any individual whenever compliance b^^ such individual is impossible or would involve substantial hardship to such individual or would be against equity and good conscience.

Regulation.

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 99 STAT. 872 Appropriation authorization. Grants.

Contracts.

42 USC 295g, 295g-4, 295g-6.

98 Stat. 2819. 42 USC 242b. Prohibition.

PUBLIC LAW 99-158—NOV. 20, 1985 "(d) There are authorized to be appropriated to make payments under National Research Service Awards and under grants for such awards $244,000,000 for fiscal year 1986, $260,000,000 for fiscal year 1987, and $275,000,000 for fiscal year 1988. Of the amounts appropriated under this subsection— "(1) not less than 15 percent shall be made available for payments under National Research Service Awards provided by the Secretary under subsection (a)(1)(A); "(2) not less than 50 percent shall be made available for grants under subsection (a)(1)(B) for National Research Service Awards; "(3) one-half of one percent shall be made available for payments under National Research Service Awards which (A) are made to individuals affiliated with entities which have received grants or contracts under section 780, 784, or 786, and (B) are for research in primary medical care; and one-half of one percent shall be made available for payments under National Research Service Awards made for health services research by the National Center for Health Services Research and Health Care Technology Assessment under section 304(a)(3); and "(4) not more than 4 percent may be obligated for National Research Service Awards for periods of three months or less. VISITING SCIENTIST AWARDS

Education. Disadvantaged persons. Schools and colleges. 42 USC 288a.

"SEC. 488. (a) The Secretary may make awards (hereafter in this section referred to as 'Visiting Scientist Awards') to outstanding scientists who agree to serve as visiting scientists at institutions of postsecondary education which have significant enrollments of disadvantaged students. Visiting Scientist Awards shall be made by the Secretary to enable the faculty and students of such institutions to draw upon the special talents of scientists from other institutions for the purpose of receiving guidance, advice, and instruction with regard to research, teaching, and curriculum development in the biomedical and behavioral sciences and such other aspects of these sciences as the Secretary shall deem appropriate. "(b) The amount of each Visiting Scientist Award shall include such sum as shall be commensurate with the salary or remuneration which the individual receiving the award would have been entitled to receive from the institution with which the individual has, or had, a permanent or immediately prior affiliation. Eligibility for and terms of Visiting Scientist Awards shall be determined in accordance with regulations the Secretary shall prescribe. STUDIES RESPECTING BIOMEDICAL AND BEHAVIORAL RESEARCH PERSONNEL

42 USC 288b.

"Sec. 489. (a) The Secretary shall, in accordance with subsection (b), arrange for the conduct of a continuing study to— "(1) establish (A) the Nation's overall need for biomedical and behavioral research personnel, (B) the subject areas in which such personnel are needed and the number of such personnel needed in each such area, and (C) the kinds and extent of training which should be provided such personnel; "(2) assess (A) current training programs available for the training of biomedical and behavioral research personnel which are conducted under this Act, at or through national research

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 PUBLIC LAW 99-158—NOV. 20, 1985 institutes under the National Institutes of Health and institutes under the Alcohol, Drug Abuse, and Mental Health Administration, and (B) other current training programs available for the training of such personnel; "(3) identify the kinds of research positions available to and held by individuals completing such programs; "(4) determine, to the extent feasible, whether the programs referred to in clause (B) of paragraph (2) would be adequate to meet the needs established under paragraph (1) if the programs referred to in clause (A) of paragraph (2) were terminated; and "(5) determine what modifications in the programs referred to in paragraph (2) are required to meet the needs established under paragraph (1). "(b)(1) The Secretary shall request the National Academy of Sciences to conduct the study required by subsection (a) under an arrangement under which the actual expenses incurred by such Academy in conducting such study will be paid by the Secretary. If the National Academy of Sciences is willing to do so, the Secretary shall enter into such an arrangement with such Academy for the conduct of such study. "(2) If the National Academy of Sciences is unwilling to conduct such study under such an arrangement, then the Secretary shall enter into a similar arrangement with other appropriate nonprofit private groups or associations under which such groups or associations will conduct such study and prepare and submit the reports thereon as provided in subsection (c). "(3) The National Academy of Sciences or other group or association conducting the study required by subsection (a) shall conduct such study in consultation with the Director of NIH. "(c) A report on the results of the study required under subsection (a) shall be submitted by the Secretary to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate at least once every four years.

99 STAT. 873

Report.

"PART G—GENERAL PROVISIONS INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM

"SEC. 491. (a) The Secretary shall by regulation require that each entity which applies for a grant, contract, or cooperative agreement under this Act for any project or program which involves the conduct of biomedical or behavioral research involving human subjects submit in or with its application for such grant, contract, or cooperative agreement assurances satisfactory to the Secretary that it has established (in accordance with regulations which the Secretary shall prescribe) a board (to be known as an Institutional Review Board') to review biomedical and behavioral research involving human subjects conducted at or supported by such entity in order to protect the rights of the human subjects of such research. "(b)(1) The Secretary shall establish a program within the Department of Health and Human Services under which requests for clarification and guidance with respect to ethical issues raised in connection with biomedical or behavioral research involving human subjects are responded to promptly and appropriately. "(2) The Secretary shall establish a process for the prompt and appropriate response to information provided to the Director of NIH

Regulations. Grants. Contracts. Human rights 42 USC 289.

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 99 STAT. 874

PUBLIC LAW 99-158-NOV. 20, 1985 respecting incidences of violations of the rights of human subjects of research for which funds have been made available under this Act. The process shall include procedures for the receiving of reports of such information from recipients of funds under this Act and taking appropriate action with respect to such violations. PEER REVIEW REQUIREMENTS

Regulations. 42 USC 289a. Grants. Contracts.

Regulations. Grants. Contracts.

Ante, p. 820.

Ante, pp. 823, 826.

"SEC. 492. (a)(1) The Secretary, acting through the Director of NIH, shall by regulation require appropriate technical and scientific peer review of— "(A) applications made for grants and cooperative agreements under this Act for biomedical and behavioral research; and "(B) applications made for biomedical and behavioral research and development contracts to be administered through the National Institutes of Health. "(2) Regulations promulgated under paragraph (1) shall require that the review of applications made for grants, contracts, and cooperative agreements required by the regulations be conducted— "(A) to the extent practical, in a manner consistent with the system for technical and scientific peer review applicable on the date of the date of enactment of the Health Research Extension Act of 1985 to grants under this Act for biomedical and behavioral research, and "(B) to the extent practical, by technical and scientific peer review groups performing such review on or before such date, and shall authorize such review to be conducted by groups appointed under sections 402(b)(6) and 405(c)(3). "(b) The Director of NIH shall establish procedures for periodic technical and scientific peer review of research at the National Institutes of Health. Such procedures shall require that— "(1) the reviewing entity be provided a written description of the research to be reviewed, and "(2) the reviewing entity provide the advisory council of the national research institute involved with such description and the results of the review by the entity, and shall authorize such review to be conducted by groups appointed under sections 402(b)(6) and 405(c)(3). PROTECTION AGAINST SCIENTIFIC FRAUD

Regulations. Grants. Contracts. 42 USC 289b.

Report.

"SEC. 493. (a) The Secretary shall by regulation require that each entity which applies for a grant, contract, or cooperative agreement under this Act for any project or program which involves the conduct of biomedical or behavioral research submit in or with its application for such grant, contract, or cooperative agreement assurances satisfactory to the Secretary that such entity— "(1) has established (in accordance with regulations which the Secretary shall prescribe) an administrative process to review reports of scientific fraud in connection with biomedical and behavioral research conducted at or sponsored by such entity; and "(2) will report to the Secretary any investigation of alleged scientific fraud which appears substantial. "(b) The Director of NIH snail establish a process for the prompt and appropriate response to information provided the Director of NIH respecting scientific fraud in connection with projects for

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 PUBLIC LAW 99-158—NOV. 20, 1985

99 STAT. 875

which funds have been made available under this Act. The process shall include procedures for the receiving of reports of such information from recipients of funds under this Act and taking appropriate action with respect to such fraud. "RESEARCH ON PUBLIC HEALTH EMERGENCIES

"SEC. 494. (a) If the Secretary determines, after consultation with the Director of NIH, the Commissioner of the Food and Drug Administration, or the Director of the Centers for Disease Control, that a disease or disorder constitutes a public health emergency, the Secretary, acting through the Director of NIH— "(1) shall expedite the review by advisory councils under section 406 and by peer review groups under section 492 of applications for grants for research on such disease or disorder or proposals for contracts for such research; "(2) shall exercise the authority in section 3709 of the Revised Statutes (41 U.S.C. 5) respecting public exigencies to waive the advertising requirements of such section in the case of proposals for contracts for such research; "(3) may provide administrative supplemental increases in existing grants and contracts to support new research relevant to such disease or disorder; and "(4) shall disseminate, to health professionals and the public, information on the cause, prevention, and treatment of such disease or disorder that has been developed in research assisted under this section. The amount of an increase in a grant or contract provided under paragraph (3) may not exceed one-half the original amount of the grant or contract. "(b) Not later than 90 days after the end of a fiscal year, the Secretary shall report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on actions taken under subsection (a) in such fiscal year.

Grants. Contracts. 42 USC 289c.

Ante, pp. 828, 874.

Public information.

Report.

ANIMALS IN R E S E A R C H

"SEC. 495. (a) The Secretary, acting through the Director of NIH, shall establish guidelines for the following: "(1) The proper care of animals to be used in biomedical and behavioral research. "(2) The proper treatment of animals while being used in such research. Guidelines under this paragraph shall require— "(A) the appropriate use of tranquilizers, analgesics, anesthetics, paralytics, and euthanasia for animals in such research; and "(B) appropriate pre-surgical and post-surgical veterinary medical and nursing care for animals in such research. Such guidelines shall not be construed to prescribe methods of research. "(3) The organization and operation of animal care committees in accordance with subsection (b). "(b)(1) Guidelines of the Secretary under subsection (a)(3) shall require animal care committees at each entity which conducts biomedical and behavioral research with funds provided under this Act (including the National Institutes of Health and the national

42 USC 289d.

Prohibition,

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 99 STAT. 876

Reports.

Grants. Contracts.

Grants. Contracts.

PUBLIC LAW 99-158—NOV. 20, 1985 research institutes) to assure compliance with the guideHnes established under subsection (a). "(2) Each animal care committee shall be appointed by the chief executive officer of the entity for which the committee is established, shall be composed of not fewer than three members, and shall include at least one individual who has no association with such entity and at least one doctor of veterinary medicine. "(3) Each animal care committee of a research entity shall— "(A) review the care and treatment of animals in all animal study areas and facilities of the research entity at least semiannually to evaluate compliance with applicable guidelines established under subsection (a) for appropriate animal care and treatment; "(B) keep appropriate records of reviews conducted under subparagraph (A); and "(C) for each review conducted under subparagraph (A), file with the Director of NIH at least annually (i) a certification that the review has been conducted, and (ii) reports of any violations of guidelines established under subsection (a) or assurances required under paragraph (1) which were observed in such review and which have continued after notice by the committee to the research entity involved of the violations. Reports filed under subparagraph (C) shall include any minority views filed by members of the committee. "(c) The Director of NIH shall require each applicant for a grant, contract, or cooperative agreement involving research on animals which is administered by the National Institutes of Health or any national research institute to include in its application or contract proposal, submitted after the expiration of the twelve-month period beginning on the date of enactment of this section— "(1) assurances satisfactory to the Director of NIH that— "(A) the applicant meets the requirements of the guidelines established under paragraphs (1) and (2) of subsection (a) and has an animal care committee which meets the requirements of subsection (b); and "(B) scientists, animal technicians, and other personnel involved with animal care, treatment, and use by the applicant have available to them instruction or training in the humane practice of animal maintenance and experimentation, and the concept, availability, and use of research or testing methods that limit the use of animals or limit animal distress; and "(2) a statement of the reasons for the use of animals in the research to be conducted with funds provided under such grant or contract. Notwithstanding subsection (a)(2) of section 553 of title 5, United States Code, regulations under this subsection shall be promulgated in accordance with the notice and comment requirements of such section. "(d) If the Director of NIH determines that— "(1) the conditions of animal care, treatment, or use in an entity which is receiving a grant, contract, or cooperative agreement involving research on animals under this title do not meet applicable guidelines established under subsection (a); "(2) the entity has been notified by the Director of NIH of such determination and has been given a reasonable opportunity to take corrective action; and

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Page:United States Statutes at Large Volume 99 Part 1.djvu/899

 PUBLIC LAW 99-158—NOV. 20, 1985 "(3) no action has been taken by the entity to correct such conditions; the Director of NIH shall suspend or revoke such grant or contract under such conditions as the Director determines appropriate. "(e) No guideline or regulation promulgated under subsection (a) or (c) may require a research entity to disclose publicly trade secrets or commercial or financial information which is privileged or confidential.

99 STAT. 877

Prohibition.

USE OF APPROPRIATIONS UNDER THIS TITLE

"SEC. 496. Appropriations to carry out the purposes of this title shall be available for the acquisition of land or the erection of buildings only if so specified. Such appropriations, unless otherwise expressly provided, may be expended in the District of Columbia for— "(1) personal services; "(2) stenographic recording and translating services; "(3) travel expenses (including the expenses of attendance at meetings when specifically authorized by the Secretary); "(4) rental; "(5) supplies and equipment; "(6) purchase and exchange of medical books, books of reference, directories, periodicals, newspapers, and press clippings; "(7) purchase, operation, and maintenance of passenger motor vehicles; "(8) printing and binding (in addition to that otherwise provided by law); and "(9) all other necessary expenses in carrying out this title. Such appropriations may be expended by contract if deemed necessary, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).

District of Columbia. 42 USC 289e.

"GIFTS

"SEC. 497. The Secretary may, in accordance with section 2101, accept conditional gifts for the National Institutes of Health or a national research institute or for the acquisition of grounds or for the erection, equipment, or maintenance of facilities for the National Institutes of Health or a national research institute. Donations of $50,000 or over for the National Institutes of Health or a national research institute for carrying out the purposes of this title may be acknowledged by the establishment within the National Institutes of Health or a national research institute of suitable memorials to the donors.

42 USC 300aa. 42 USC 289f.

FETAL RESEARCH

"SEC. 498. (a) The Secretary may not conduct or support any research or experimentation, in the United States or in any other country, on a nonviable living human fetus ex utero or a living human fetus ex utero for whom viability has not been ascertained unless the research or experimentation— "(1) may enhance the well-being or meet the health needs of the fetus or enhance the probability of its survival to viability; or "(2) will pose no added risk of suffering, injury, or death to the fetus and the purpose of the research or experimentation is the

Prohibition. 42 USC 299g.

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 99 STAT. 878

Regulations.

Study. 42 USC 275.

Report.

Report.

Prohibition.

Effective date.

PUBLIC LAW 99-158—NOV. 20, 1985 development of important biomedical knowledge which cannot be obtained by other means. "(b) In administering the regulations for the protection of human research subjects which— "(1) apply to research conducted or supported by the Secretary; "(2) involve living human fetuses in utero; and "(3) are published in section 46.208 of part 46 of title 45 of the Code of Federal Regulations; or any successor to such regulations, the Secretary shall require that the risk standard (published in section 46.102(g) of such part 46 or any successor to such regulations) be the same for fetuses which are intended to be aborted and fetuses which are intended to be carried to term. "(c)(1) The Biomedical Ethics Advisory Committee appointed under section 381 shall conduct a study of the nature, advisability, and biomedical and ethical implications of exercising any waiver of the risk standard'published in section 46.102(g) of such part 46 (or any successor to such regulations). The Committee shall complete the study and report its findings to the Biomedical Ethics Board established under section 381 not later than the expiration of thirty months after the date of enactment of this section. The report shall include the recommendations, if any, of the Committee on the advisability of the authority for such a waiver and the circumstances under which such a waiver might be granted. The Biomedical Ethics Board shall transmit the report to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate. "(2) During the thirty-six-month period beginning on the date of enactment of this section, the Secretary may not grant (under section 46.211 of part 45 of title 46 of the Code of Federal Regulations or any successor to such section) a modification or waiver for "(3) Effective October 31, 1988, paragraph (2) is repealed. CONSTRUCTION OF TITLE

42 USC 289h. 42 USC 241.

"SEC. 499. This title shall not be construed as limiting (1) the functions or authority of the Secretary under section 301 or of any officer or agency of the United States, relating to the study, prevention, diagnosis, and treatment of any disease for which a separate national research institute is established under this title, or (2) the expenditure of any funds therefor." SEC. 3. CONFORMING AMENDMENTS.

National Advisory Health Council, termination. 42 USC 218 note. 98 Stat. 2364.

(a) ADVISORY COUNCILS.—(1) The National Advisory Health Council established under section 217 is terminated. (2) Section 217(a) (42 U.S.C. 218(a)) is amended— (A) in the first sentence— (i) by striking out "National Advisory Health Council, the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, and the National Advisory Dental Research Council" and inserting in lieu thereof "National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism"; and

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 PUBLIC LAW 99-158—NOV. 20, 1985 (ii) by striking out "by the Surgeon General with the approval of the Secretary of Health, Education, and Welfare" and inserting in lieu thereof "by the Secretary"; (B) in the second sentence— (i) by striking out "in the case of the National Advisory Health Council, are skilled in the sciences related to health, and"; (ii) by striking out "the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, the National Advisory Heart Council, and the National Advisory Dental Research Council" and inserting in lieu thereof "the National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism"; and (iii) by striking out ", alcohol abuse and alcoholism, and dental diseases and conditions" and inserting in lieu thereof "and alcohol abuse and alcoholism"; and (C) by striking out the third sentence. (3) Subsection (b) of section 217 is repealed and subsections (c) through (e) and subsection (g) are redesignated as subsections (b) through (e), respectively. (4) Section 222(c) (42 U.S.C. 217a(c)) is amended to read as follows: "(c) Upon appointment of any such council or committee, the Secretary may delegate to such council or committee such advisory functions relating to grants-in-aid for research or training projects or programs, in the areas or fields with which such council or committee is concerned, as the Secretary determines to be appropriate.". (5) Section 301(a) (42 U.S.C. 241(a)) is amended— (A) in paragraph (3), by striking out "as are recommended" through "for such fiscal year" and inserting in lieu thereof "as are recommended by the advisory council to the entity of the Department supporting such projects or, in the case of mental health projects, by the National Advisory Mental Health Council; and make, upon recommendation of the advisory council to the appropriate entity of the Department or the National Advisory Mental Health Council, grants-in-aid to public or nonprofit universities, hospitals, laboratories, and other institutions for the general support of their research"; and (B) in paragraph (8), by striking out "recommendations of the National Advisory Health Council" through "as he deems" and inserting in lieu thereof "recommendations of the advisory councils to the appropriate entities of the Department or, with respect to mental health, the National Advisory Mental Health Council, such additional means as the Secretary considers". (6) Section 1122(a) (42 U.S.C. 300c-12(a)) is amended by striking out "under section 441". (b) NATIONAL LIBRARY OF MEDICINE.—Parts I and J of title III are repealed. (c) ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH RESEARCH.—

Section 506 is amended by adding at the end the following: "(e)(1) If the direct cost of a grant, cooperative agreement, or contract (described in subsection (a)) to be made does not exceed $50,000, the Secretary may make such grant, cooperative agreement, or contract only if such grant, cooperative agreement, or contract is recommended after technical and scientific peer review required by regulations under subsections (a) and (b).

99 STAT. 879

Alcohol and alcoholic beverages. 42 USC 218.

Grants.

Grants.

Repeal.

42 USC 275—280a-l, 280b—280b-ll. 42 USC 290aa-5. 42 USC 224. Grants. Gontracts. Regulations.

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 99 STAT. 880

Repeal. 42 USC 287i note. 42 USC 289d note.

PUBLIC LAW 99-158—NOV. 20, 1985 "(2) If the direct cost of a grant, cooperative agreement, or contract (described in subsection (a)) to be made exceeds $50,000, the Secretary may make such grant, cooperative agreement, or contract only if such grant, cooperative agreement, or contract is recommended— "(A) after technical and scientific peer review required by regulations under subsections (a) and (b), and "(B) by the National Advisory Council on Alcohol Abuse and Alcoholism, the National Advisory Council on Drug Abuse, or the National Mental Health Advisory Council, as is appropriate.". (d) ORPHAN DRUG ACT.—Section 8(w) of the Orphan Drug Act (Public Law 97-414) is repealed. SEC. 4. PLAN FOR RESEARCH INVOLVING ANIMALS. (a) ESTABLISHMENT OF PLAN.—The Director of the National In-

stitutes of Health shall establish a plan for— (1) research to be conducted by or through the National Institutes of Health and the national research institutes into methods of biomedical research and experimentation— (A) which do not require the use of animals; (B) which reduce the number of animals used in such research; or (C) which produce less pain and distress in such animals than methods currently in use; (2) establishing the validity and reliability of the methods described in subparagraph (A); (3) the development of such methods which have been found to be valid and reliable; and (4) the training of scientists in the use of such methods. The plan required by this paragraph shall be prepared not later than October 1, 1986. (b) DISSEMINATION OF INFORMATION.—The Director of the National

Institutes of Health shall take such actions as may be appropriate to convey to scientists and others involved with research or experimentation involving animals information respecting the methods found to be valid and reliable under subsection (a)(2). Establishment.

(c) INTERAGENCY COORDINATING COMMITTEE.—The Director of the

National Institutes of Health shall establish within the National Institutes of Health an Interagency Coordinating Committee to assist the Director of the National Institutes of Health in the development of the plan required by subsection (a). The Director of each national research institute shall serve on the Committee. Lupus Erythematosus Coordinating Committee. 42 USC 281 note.

SEC. 5. RESEARCH ON LUPUS ERYTHEMATOSUS.

(a) ESTABLISHMENT OF COMMITTEE.—The Secretary shall establish a Lupus Erythematosus Coordinating Committee to plan, develop, coordinate, and implement comprehensive Federal initiatives in research on Lupus Erythematosus. (b) COMMITTEE COMPOSITION AND MEETINGS.—(1) The Committee

shall be composed of— (A) the Director of the National Institute of Neurological and Communicative Disorders and Stroke (or the designee of such Director); (B) the Director of the National Institute of Allergy and Infectious Diseases (or the designee of such Director);

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 PUBLIC LAW 99-158—NOV. 20, 1985

99 STAT. 881

(C) the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseeises (or the designee of such Director); (D) the Director of the National Institute of General Medical Sciences (or the designee of such Director); (E) the Director of the National Heart, Lung, and Blood Institute (or the designee of such Director); (F) the Director of the National Institute of Diabetes and Digestive and Kidney Diseases (or the designee of such Director); and (G) the Director of the Centers for Disease Control (or the designee of such Director). (2) The Committee shall meet at least four times a year. The Secretary shall designate as chairman of the Committee the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases. (c) REPORT.—The Committee shall prepare a report for Congress on its activities. The report shall include a description of research projects on Lupus Erythematosus conducted or supported by Federal agencies in the fiscal year for which the report is made, the nature and purpose of each such project, the amounts expended for each such project, and an identification of the entity which conducted the research under each such project. Such report shall be submitted not^ later than 18 months after the date of the date of enactment of this Act. The Committee shall terminate one month after the report is submitted. SEC. 6. NATIONAL RESEARCH SERVICE AWARD STUDY. The Secretary of Health and Human Services shall conduct a study of— (1) the effect of the service obligation requirement of section 487(c) of the Public Health Service Act on the number and quality of individuals who apply for National Research Service Awards; (2) the effect of section 487(c)(4) of such Act on the number of persons who engage in health research or training as a career; (3) the number of persons who receive National Research Service Awards and who engage in health research or training as a career; and (4) the effectiveness of the grant authority under section 487(a)(1)(B) of such Act in encouraging individuals to engage in health research and training as a career. The Secretary shall complete the study within one year after the date of enactment of this Act and shall report the results of the study to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate. SEC. 7. INTERAGENCY COMMITTEE ON SPINAL CORD INJURY. (a) ESTABLISHMENT.—Within 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall establish in the National Institute of Neurological and Communicative Diseases and Stroke an Interagency Committee on Spinal Cord Injury (hereafter in this section referred to as the "Interagency Committee"). The Interagency Committee shall plan, develop, coordinate, and implement comprehensive Federal initiatives in research on spinal cord injury and regeneration.

Ante, p. 869.

Report.

42 USC 285j-l

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 99 STAT. 882

42 USC 285e note.

Physicians. Dentists. Medicare.

PUBLIC LAW 99-158—NOV. 20, 1985 (b) COMMITTEE COMPOSITION AND MEETINGS.—(1) The Interagency Committee shall consist of representatives from— (A) the National Institute on Neurological and Communicative Disorders and Stroke; (B) the Department of Defense; (C) the Department of Education; (D) the Veterans' Administration; (E) the Office of Science and Technology Policy; and (F) the National Science Foundation; designated by the heads of such entities. (2) The Interagency Committee shall meet at least four times. The Secretary of Health and Human Services shall select the Chairman of the Interagency Committee from the members of the Interagency Committee. (c) REPORT.—Within the 18 months after the date of enactment of this Act, the Interagency Committee shall prepare and transmit to the Congress a report concerning its activities under this section. The report shall include a description of research projects on spinal cord injury and regeneration conducted or supported by Federal agencies during such 18-month period, the nature and purpose of each such project, the amounts expended for each such project, and an identification of the entity which conducted the research under each such project. (d) TERMINATION.—The Interagency Committee shall terminate 90 days after the date on which the Interagency Committee transmits the report required by subsection (c) to the Congress. SEC. 8 STUDY OF PERSONNEL FOR HEALTH NEEDS OF THE ELDERLY. . (a) STUDY.—The Secretary shall conduct a study on the adequacy and availability of personnel to meet the current and projected health needs (including needs for home and community-based care) of elderly Americans through the year 2020. (h) REPORT.—The Secretary shall report the results of the study to the Congress by March 1, 1987. The report on the study shall contain recommendations on— (1) the number of primary care physicians, dentists, and other health personnel needed to provide adequate care for the elderly; (2) the training needs of other physicians, dentists, and health personnel to provide care responsive to the particular needs of the elderly; (3) necessary changes in medicare and other third party reimbursement programs necessary to support training of primary care and other physicians to meet the needs of the elderly; and (4) necessary program changes in third party reimbursement programs (including changes in medicare programs) to support training of other health personnel in the care of the elderly.

42 USC 281 note.

SEC. 9. INTERAGENCY COMMITTEE ON LEARNING DISABILITIES.

Children and youth.

(a) ESTABLISHMENT.—Not later than 90 days after the date of enactment of this Act, the Director of the National Institutes of Health shall establish an Interagency Committee on Learning Disabilities to review and assess Federal research priorities, activities, and findings regarding learning disabilities (including central nervous system dysfunction in children).

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99 STAT. 883

(b) COMPOSITION.—The Committee shall be composed of such representatives as the Director may designate, but shall include representatives from the National Institute of Neurological and Communicative Disorders and Stroke, the National Institute of Child Health and Human Development, the National Institute of Allergy and Infectious Diseases, the National Eye Institute, the National Institute of Environmental Health Sciences, the Division of Research Resources of the National Institutes of Health, the Food and Drug Administration, the National Institute of Mental Health, and the Department of Education. (c) REPORT.—Not later than 18 months after the date of enactment of this Act, the Committee shall report to the Congress on its activities under subsection (a) and shall include in the report— (1) the number of persons affected by learning disabilities and the demographic data which describes such persons; (2) a description of the current research findings on the cause, diagnosis, treatment, and prevention of learning disabilities; and (3) recommendations for legislation and administrative actions— (A) to increase the effectiveness of research on learning disabilities and to improve the dissemination of the findings of such research; and (B) respecting specific priorities for research in the cause, diagnosis, treatment, and prevention of learning disabilities. (d) TERMINATION.—The Committee shall terminate 90 days after the date of the submission of the report under subsection (c). SEC. 10. REVIEW OF DISEASE RESEARCH PROGRAMS OF THE NATION42 USC 285c AL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY ^°^^DISEASES.

The Secretary of Health and Human Services shall conduct an administrative review of the disease research programs of the National Institute of Diabetes and Digestive and Kidney Diseeises to determine if any of such programs could be more effectively and efficiently managed by other national research institutes. The Secretary shall complete such review within the one-year period beginning on the date of enactment of this Act. SEC. 11. BIOMEDICAL ETHICS.

Title III (as amended by section 3) is amended by adding at the end the following: "PART I—BIOMEDICAL ETHICS

"SEC. 381. (a) There is established in the legislative branch of the Government the Biomedical Ethics Board (hereinafter referred to as the 'Board'). "(b)(1) The Board shall consist of twelve members as follows: "(A) Six Members of the Senate appointed as follows: Three members appointed by the Majority Leader of the Senate from the majority party and three members appointed by the Minority Leader from the minority party. "(B) Six Members of the House of Representatives appointed by the Speaker of the House of Representatives, three from the majority party and three from the minority party.

42 USC 275.

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 99 STAT. 884

Studies. Reports.

PUBLIC LAW 99-158—NOV. 20, 1985 "(2) The term of office of a member of the Board shall expire when the member leaves the office of Senator or Representative, as the case may be, or upon the expiration of eight years after the date of the member's appointment to the Board, whichever occurs first. "(3) Vacancies in the membership of the Board shall not affect the power of the remaining members to execute the functions of the Board and shall be filled in the same manner as in the case of the original appointment. "(4) The Board shall select a chairman and a vice chairman from among its members at the beginning of each Congress. The vice chairman shall act as chairman in the absence of the chairman or in the event of the incapacity of the chairman. The chairmanship and vice chairmanship shall alternate between the Senate and the House of Representatives with each Congress. The chairman during each even-numbered Congress shall be selected by the Members of the House of Representatives on the Board from among their number. The vice chairman during each Congress shall be chosen in the same manner from that House of Congress other than the House of Congress of which the chairman is a Member. "(5) The Board shall meet once every three months unless such meeting is dispensed with by the chairman, and may meet at any time upon the request of four or more members of the Board or upon the call of the chairman. "(c)(1) The Board shall study and report to the Congress on a continuing basis on the ethical issues arising from the delivery of health care and biomedical and behavioral research, including the protection of human subjects of such research and developments in genetic engineering (including activities in recombinant DNA technology) which have implications for human genetic engineering. "(2)(A) Except as provided in subparagraph (B), an annual report shall be transmitted to the Congress identifying the issues which were the subject of the study conducted under paragraph (1) and identifying areas, programs, and practices of medicine and biomedical and behavioral research which have significant ethical implications and which would be appropriate subjects for study. "(B) A report on research and developments in genetic engineering (including activities in recombinant DNA technology) which have implications for human genetic engineering shall be transmitted to the Congress not later than eighteen months after the appointment of the Committee under subsection (d). "(d)(1) To conduct the studies and make the reports required by subsection (c), the Board shall appoint a Biomedical Ethics Advisory Committee (hereinafter referred to as the 'Committee'). The Committee shall consist of fourteen members as follows: "(A) Four of the members shall be appointed by the Board from individuals who are distinguished in biomedical or behavioral research. "(B) Three of the members shall be appointed by the Board from individuals who are distinguished in the practice of medicine or otherwise distinguished in the provision of health care. "(C) Five of the members shall be appointed by the Board from individuals who are distinguished in one or more of the fields of ethics, theology, law, the natural sciences (other than the biomedical or behavioral sciences), the social sciences, the humanities, health administration, government, and public affairs.

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99 STAT. 885

"(D) Two of the members shall be appointed by the Board from individuals who are representatives of citizens with an interest in biomedical ethics but who possess no specific expertise. "(2)(A) The Committee, by majority vote, shall elect from its members a chairman and a vice chairman and appoint an executive director who shall serve for such time and under such conditions as the Committee may prescribe. In the absence of the chairman, or in the event of the incapacity of the chairman, the vice chairman shall act as chairman. "(B) The term of office of each member of the Committee shall be four years, except that any such member appointed to fill a vacancy occurring prior to the expiration of the term for which such member's predecessor was appointed shall be appointed for the remainder of such term. Terms of the members shall be staggered so as to establish a rotating membership. "(C) The members of the Committee shall receive no pay for their services as members of the Committee, but shall be allowed necessary travel expenses (or, in the alternative, mileage for use of privately owned vehicles and a per diem in lieu of subsistence at not to exceed the rate prescribed in sections 5702 and 5704 of title 5, United States Code) and other necessary expenses incurred by them in the performance of duties as a member of the Committee, without regard to the provisions of subchapter 1 of chapter 57 and section 5731 of title 5, United States Code, and regulations promulgated 5 USC 5701 et thereunder. the Committee, may employ such staff and consultants as necessary to prepare studies and reports for the Committee. "(3)(A) The Committee may, for the purpose of carrying out its functions, hold such public hearings, sit and act at such times and places, and take such testimony, as the Committee considers appropriate. "(B) Upon request of the Committee, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Committee to assist the Committee in carrying out its functions. "(C) The Committee may secure directly from any department or agency of the United States information necessary to enable it to carry out its functions. Upon request of the chairman of the Committee, the head of such department or agency shall furnish such information to the Committee. "(D) The Committee may accept, use, and dispose of gifts or ^ donations or services or property. "(E) The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. "(e) To enable the Board and the Committee to carry out their Appropriation functions there are authorized to be appropriated $2,000,000 for authorization, fiscal year 1986, $2,500,000 for fiscal year 1987, and $3,000,000 for fiscal year 1988.". SEC. 12. ALZHEIMER'S DISEASE REGISTRY.
 * ^9"(D) The executive director of the Committee, with the approval of

(a) GRANT AUTHORITY.— The Director of the National Institute on

Aging may make a grant to develop a registry for the collection of epidemiological data about Alzheimer's disease and its incidence in

42 USC 285e-2

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99 STAT. 886

Grants.

Grants.

the United States, to train personnel in the collection of such data, and for other matters respecting such disease. (b) QUALIFICATIONS.—To qualify for a grant under subsection (a) an applicant shall— (1) be an accredited school of medicine or public health which has expertise in the collection of epidemiological data about individuals with Alzheimer's disease and in the development of disease registries, and (2) have access to a large patient population, including a patient population representative of diverse ethnic backgrounds. (c) AUTHORIZATION.—For grants under subsection (a), there are authorized to be appropriated $2,500,000 which shall remain available until expended or through fiscal year 1989, whichever occurs first. T H O M A S P. O ' N E I L L, J R.

Speaker of the House of

The

Representatives.

GEORGE BUSH

Vice President of the United and President of the

States Senate.

IN THE H O U S E O F REPRESENTATIVES, U.S., November 12, 1985. H o u s e of Representative s h a v i n g p r o c e e d e d to r e c o n s i d e r the bill

(H.R. 2409) entitled "An Act to amend the Public Health Service Act to revise and extend the authorities under that Act relating to the National Institutes of Health and National Research Institutes, and for the other purposes", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest:

BENJAMIN J. GUTHRIE

Clerk. I certify that this Act originated in the House of Representatives. BENJAMIN J. GUTHRIE

Clerk. IN THE SENATE OF THE UNITED STATES, November 20 (legislative day, November 18), 1985. The Senate having proceeded to reconsider the bill (H.R. 2409) entitled "An Act to amend the Public Health Service Act to revise and extend the authorities under that Act relating to the National Institutes of Health and National Research Institutes, and for other purposes", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, and passed by the House of Representatives on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest:

JO-ANNE L. COE

Secretary. LEGISLATIVE HISTORY—H.R. 2409 (S. 1309): HOUSE REPORTS: No. 99-158 (Comm. on Energy and Commerce) and No. 99-309 (Comm. of Conference). SENATE REPORTS: No. 99-108 accompanying S. 1309 (Comm. on Labor and Human Resources) and No. 99-157 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 131 (1985): June 17, considered and passed House. July 19, S. 1309 considered and passed Senate; passage vitiated and H.R. 2409, amended, passed in lieu. Oct. 18, Senate agreed to conference report. Oct. 23, House agreed to conference report. WEEKLY COMPILATION O F PRESIDENTIAL DOCUMENTS, Vol. 21, No. 45 (1985): Nov. 8, Presidential veto message. CONGRESSIONAL RECORD, Vol. 131 (1985): Nov. 12, House overrode veto. Nov. 20, Senate overrode veto.

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99 STAT. 887

Public Law 99-159 99th Congress An Act To authorize appropriations to the National Science Foundation for the fiscal year 1986, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Science, Engineering, and Mathematics Authorization Act of 1986". TITLE I—NATIONAL SCIENCE FOUNDATION AUTHORIZATION SHORT TITLE

SEC. 101. This title may be cited as the "National Science Foundation Authorization Act for Fiscal Year 1986". AUTHORIZATION OF APPROPRIATIONS

Nov. 22, 1985 [H.R. 1210] National Science, Engineering, and Mathematics Authorization Act of 1986. 20 USC 3901 note. National Science Foundation Authorization Act for Fiscal Year 1986. 42 USC 1861 note.

SEC. 102. (a) There are authorized to be appropriated to the National Science Foundation, for the fiscal year 1986, the sums set forth in the following categories: (1) Advanced Scientific Computing, $46,230,000. (2) Astronomical, Atmospheric, Earth, and Ocean Sciences, $359,670,000. (3) Biological, Behavioral, and Social Sciences, $262,010,000. (4) Engineering, $169,796,000. (5) Mathematical and Physical Sciences, $408,820,000. (6) Scientific, Technological, and International Affairs, $37,770,000. (7) Program Development and Management, $72,230,000. (8) Science and Engineering Education, $50,550,000. (9) United States Antarctic Program, $110,080,000. (b)(1) Notwithstanding any other provision of this Act, from the amounts authorized under subsection (a)— (A) not less than $1,000,000 are authorized only for the purposes of the ethics and values in science and technology program; and (B) not less than $3,000,000 are authorized only for purposes of the Policy Research and Analysis program. The Foundation shall report to the Committees on Labor and Report. Human Resources and Commerce, Science, and Transportation of the Senate on the distribution of the funds made available under subparagraph (A) of this paragraph not later than December 30, 1986. (c) In the obligation, use, and expenditure of the amounts appro- Acid rain. priated for Biotic Systems and Resources under the authority provided in subsection (a)(3) and for Atmospheric Sciences under the authority provided in subsection (a)(2), emphasis shall be placed on

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 99 STAT. 888

PUBLIC LAW 99-159—NOV. 22, 1985 basic scientific research to support a better understanding of the phenomena that contribute to acid rain. SCIENTIFIC REVIEW PRIOR TO CLOSURE OF A NATIONAL FACILITY

Prohibition. Ante, p. 887.

SEC. 103. Of the funds authorized to be appropriated in section 102, no funds shall be expended with respect to closure of a National facility without appropriate scientific review, including review by the National Science Foundation's appropriate advisory committee or committees and the National Science Board. AVAILABILITY

Ante, p. 887; infra.

SEC. 104. Appropriations made under authority provided in sections 102 and 106 shall remain available for obligation for periods specified in the Acts making the appropriations. OFFICIAL E X P E N S E S

Prohibition.

SEC. 105. From appropriations made under authorizations provided in this Act, not more than $3,500 for fiscal year 1986 may be used for official consultation, representation, or other extraordinary expenses at the discretion of the Director of the National Science Foundation. The determination of the Director shall be final and conclusive upon the accounting officers of the Government. FOREIGN CURRENCY AUTHORIZATION

Prohibition. Ante, p. 887.

SEC. 106. In addition to the sums authorized by section 102, not more than $1,000,000 for fiscal year 1986 are authorized to be appropriated for expenses of the National Science Foundation incurred outside the United States, to be drawn from foreign currencies that the Treasury Department determines to be excess to the normal requirements of the United States. TRANSFERS AUTHORIZED

Ante, p. 887.

SEC. 107. (a) Funds may be transferred among the categories listed in section 102(a), so long as the net funds transferred to or from any category do not exceed 10 percent of the amount authorized for that category in section 102. (b) The Director of the Foundation may propose transfers to or from any category exceeding 10 percent of the amounts authorized for that category in section 102. An explanation of any such proposed transfer must be transmitted in writing to the Speaker of the House, the President of the Senate, the Committees on Labor and Human Resources and Commerce, Science, and Transportation of the Senate, and the Committee on Science and Technology of the House of Representatives. The proposed transfer may be made only when thirty calendar days have passed after submission of the written propose. DATA COLLECTION AND ANALYSIS

42 USC 1886.

SEC. 108. The National Science Foundation is authorized to design, establish, and maintein a data collection and analysis capability in the Foundation for the purpose of identifying and assessing the research facilities needs of universities. The needs of universities, by major field of science and engineering, for construction and modernization of research laboratories, including fixed equipment and

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 PUBLIC LAW 99-159—NOV. 22, 1985 major research equipment, shall be documented. University expenditures for the construction and modernization of research facilities, the sources of funds, and other appropriate data shall be collected and analyzed. The Foundation, in conjunction with other appropriate Federal agencies, shall conduct the necessary surveys every 2 years and report the results to the Congress. The first report shall be submitted to the Congress by September 1, 1986.

99 STAT. 889

Report.

NATIONAL SCIENCE FOUNDATION ADMINISTRATIVE AMENDMENTS

SEC. 109. (a) The last sentence of section 4(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(e)) is amended by striking out "by registered mail or certified mail mailed to his last known address of record". (b) Section 5(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1864(e)) is amended to read as follows: "(e)(l) The Director may make grants, contracts, and other arrangements pursuant to section 11(c) only with the prior approval of the Board or under authority delegated by the Board, and subject to such conditions as the Board may specify. "(2) Any delegation of authority or imposition of conditions under the preceding sentence shall be effective only for such period of time, not exceeding two years, as the Board may specify, and shall be promptly published in the Federal Register and reported to the Committees on Labor and Human Resources and Commerce, Science, and Trsuisportation of the Senate and the Committee on Science and Technology of the House of Representatives. On October 1 of each odd-numbered year the Board shall submit to the Congress a concise report which explains and justifies any actions taken by the Board under this subsection to delegate its authority or impose conditions within the preceding two years. The provisions of this subsection shall cease to be effective at the end of fiscal year 1989.". (c) Section 12 of such Act (42 U.S.C. 1871) is amended— (1) by striking out "(a)" after "SEC. 12."; and (2) by striking out subsection (b). (d) Section 9 of the National Science Foundation Act of 1950 (42 U.S.C. 1868) is amended to read as follows:

Grants. Contracts. 42 USC 1870. Federal Register, publication.

Report.

Termination.

SPECIAL COMMISSIONS

"SEC. 9. (a) Each special commission established under section 4(h) shall be appointed by the Board and shall consist of such members as the Board considers appropriate. "(b) Special commissions may be established to study and make recommendations to the Foundation on issues relating to research and education in science and engineering.". (e)(1) Section 14 of such Act (42 U.S.C. 1873) is amended— (A) by striking out subsection (b); (B) by redesignating subsections (c) through (i) as subsections (b) through (h), respectively; and (C) by adding at the end thereof the following new subsection: "(i) Information supplied to the Foundation or a contractor of the Foundation by an industrial or commercial organization in survey forms, questionnaires, or similar instruments for the purposes of subsection (a)(5) or (a)(6) of section 3 may not be disclosed to the public unless such information has been transformed into statistical or aggregate formats that do not allow the identification of the

42 USC 1863.

Study. Research and development. Education.

42 USC 1862.

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