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42 U.S.C. § 283gMuscular dystrophy; initiative through Director of National Institutes of Health

submitted 82 years ago by Pub. L. 107-84 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,297 words · no verdicts yet

in plain englishAI-generated · not legal advice

NIH must expand research on all forms of muscular dystrophy and fund "centers of excellence" for that research. NIH must also help collect tissue samples for research. HHS must set up a coordinating committee, made partly of agencies and partly of patients and families, to plan and guide this work.

(a) Expansion, intensification, and coordination of activities: The Director of NIH must work with the directors of several institutes — including those focused on neurological disorders, musculoskeletal and skin diseases, child health, and heart, lung, and blood — to expand and intensify research on all forms of muscular dystrophy, including Duchenne, Becker, congenital, limb-girdle, myotonic, and facioscapulohumeral (called "FSHD") muscular dystrophy. These directors must coordinate their programs together and consult with the Muscular Dystrophy Interagency Coordinating Committee created under the MD–CARE Act. Each year, the Director of NIH divides the money appropriated for this work among the relevant institutes. (b) Centers of excellence: The Director of NIH must award grants and contracts to public or nonprofit private entities to help pay for planning, setting up, improving, and running "centers of excellence" for muscular dystrophy research. These are called the Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers. Each center adds to — but does not replace — a full research effort covering all forms of muscular dystrophy, including early detection, diagnosis, prevention, and treatment, and covering muscle biology, genetics, imaging that doesn't require surgery, heart and lung function, and drug and other therapies. The Director must help coordinate information between centers and make sure they communicate and share data regularly. Each center can be a single institution or a group of institutions working together, following rules the Director sets. Support for a center can last up to 5 years, and can be renewed for more 5-year periods if a peer review group evaluates the center and recommends the extension. (c) Facilitation of research: The Director of NIH must run a program where tissue and genetic material samples useful for muscular dystrophy research are donated, collected, preserved, and made available to researchers, following accepted scientific and medical standards. (d) Coordinating Committee: The Secretary must set up the Muscular Dystrophy Coordinating Committee to coordinate work across NIH's institutes and with other federal health programs. The Committee has up to 18 members appointed by the Secretary. Two-thirds of them represent government agencies — the directors (or their designees) of the relevant national research institutes, plus representatives from agencies like the CDC, the Health Resources and Services Administration, the FDA, the Administration for Community Living, the Department of Education, and the Social Security Administration. The other third are public members — a broad mix of people affected by muscular dystrophy, including parents, guardians, patients, researchers, and clinicians, each serving 3-year terms that can be renewed without limit. The Committee's Chair acts as the main advisor to the Secretary, the Assistant Secretary for Health, and the Director of NIH on muscular dystrophy, and also advises the heads of the CDC, FDA, and other relevant agencies. The Committee picks its own Chair for a term of up to 2 years, but the Secretary formally appoints the Chair, who answers directly to the Secretary. The Department of Health and Human Services must give the Committee administrative support, and the Committee must meet at least twice a year, as the Secretary decides in consultation with the Chair. (e) Plan for HHS activities: Within one year of December 18, 2001, the Coordinating Committee had to create a plan — and must keep reviewing and updating it — for how the agencies on the Committee conduct and support muscular dystrophy research and education. The plan must cover a wide range of research and education topics, including biomedical, psychological and social, public-service, and rehabilitation issues; it must study how these diseases affect rural and underserved communities; it must study the cost-effectiveness of independent-living support; and it must study what clinical care works best for adults with muscular dystrophy. The plan must set priorities for NIH's programs on these diseases, and must reflect input from a broad range of scientists, patients, and advocacy groups. For each form of muscular dystrophy, the plan must, where appropriate, address: research into why the disease occurs and how common it is; basic research into its causes and genetic links; better screening methods; research to develop and test new treatments, including new biological drugs and clinical approaches; and information and education programs for health professionals and the public. (f) Public input: The Secretary must set up a way for the public to learn about HHS's existing and planned muscular dystrophy programs, and a way for the public to send comments about those programs to the Secretary. (g) Clinical research: The Coordinating Committee may look at whether the clinical research infrastructure needed to test new muscular dystrophy therapies should be strengthened, by making that goal a priority in the plan required under subsection (e).
the actual law source: uscode.house.gov ↗public domain
(a) Expansion, intensification, and coordination of activities
(1) In general

The Director of NIH, in coordination with the Directors of the National Institute of Neurological Disorders and Stroke, the National Institute of Arthritis and Musculoskeletal and Skin Diseases, the Eunice Kennedy Shriver National Institute of Child Health and Human Development, the National Heart, Lung, and Blood Institute, and the other national research institutes as appropriate, shall expand and intensify programs of such Institutes with respect to research and related activities concerning various forms of muscular dystrophy, including Duchenne, Becker, congenital muscular dystrophy, limb-girdle muscular dystrophy, myotonic, facioscapulohumeral muscular dystrophy (referred to in this section as “FSHD”) and other forms of muscular dystrophy.

(2) Coordination

The Directors referred to in paragraph (1) shall jointly coordinate the programs referred to in such paragraph and consult with the Muscular Dystrophy Interagency Coordinating Committee established under section 6 of the MD–CARE Act.1

(3) Allocations by Director of NIH

The Director of NIH shall allocate the amounts appropriated to carry out this section for each fiscal year among the national research institutes referred to in paragraph (1).

(b) Centers of excellence
(1) In general

The Director of NIH shall award grants and contracts under subsection (a)(1) to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding research on various forms of muscular dystrophy. Such centers of excellence shall be known as the “Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers”.

(2) Research

Each center under paragraph (1) shall supplement but not replace the establishment of a comprehensive research portfolio in all the muscular dystrophies. As a whole, the centers shall conduct basic and clinical research in all forms of muscular dystrophy including early detection, diagnosis, prevention, and treatment, including the fields of muscle biology, genetics, noninvasive imaging, cardiac and pulmonary function, and pharmacological and other therapies.

(3) Coordination of centers

The Director of NIH shall, as appropriate, provide for the coordination of information among centers under paragraph (1) and ensure regular communication and sharing of data between such centers.

(4) Organization of centers

Each center under paragraph (1) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of NIH.

(5) Duration of support

Support for a center established under paragraph (1) may be provided under this section for a period of not to exceed 5 years. Such period may be extended for 1 or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of NIH and if such group has recommended to the Director that such period should be extended.

(c) Facilitation of research

The Director of NIH shall provide for a program under subsection (a)(1) under which samples of tissues and genetic materials that are of use in research on muscular dystrophy are donated, collected, preserved, and made available for such research. The program shall be carried out in accordance with accepted scientific and medical standards for the donation, collection, and preservation of such samples.

(d) Coordinating Committee
(1) In general

The Secretary shall establish the Muscular Dystrophy Coordinating Committee (referred to in this section as the “Coordinating Committee”) to coordinate activities across the National Institutes and with other Federal health programs and activities relating to the various forms of muscular dystrophy.

(2) Composition

The Coordinating Committee shall consist of not more than 18 members to be appointed by the Secretary, of which—

(A)

⅔ of such members shall represent governmental agencies, including the directors or their designees of each of the national research institutes involved in research with respect to muscular dystrophy and representatives of all other Federal departments and agencies whose programs involve health functions or responsibilities relevant to such diseases, including the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Food and Drug Administration, and the Administration for Community Living and representatives of other governmental agencies that serve children and adults with muscular dystrophy, including the Department of Education and the Social Security Administration; and

(B)

⅓ of such members shall be public members, including a broad cross section of persons affected with muscular dystrophies including parents or legal guardians, affected individuals, researchers, and clinicians.

Members appointed under subparagraph (B) shall serve for a term of 3 years, and may serve for an unlimited number of terms if reappointed.

(3) Chair
(A) In general

With respect to muscular dystrophy, the Chair of the Coordinating Committee shall serve as the principal advisor to the Secretary, the Assistant Secretary for Health, and the Director of NIH, and shall provide advice to the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and to the heads of other relevant agencies. The Coordinating Committee shall select the Chair for a term not to exceed 2 years.

(B) Appointment

The Chair of the Committee shall be appointed by and be directly responsible to the Secretary.

(4) Administrative support; terms of service; other provisions

The following shall apply with respect to the Coordinating Committee:

(A)

The Coordinating Committee shall receive necessary and appropriate administrative support from the Department of Health and Human Services.

(B)

The Coordinating Committee shall meet as appropriate as determined by the Secretary, in consultation with the chair,2 but shall meet no fewer than two times per calendar year.

(e) Plan for HHS activities
(1) In general

Not later than 1 year after December 18, 2001, the Coordinating Committee shall develop a plan for conducting and supporting research and education on muscular dystrophy through the agencies represented on the Coordinating Committee pursuant to subsection (d)(2)(A) and shall periodically review and revise the plan. The plan shall—

(A)

provide for a broad range of research and education activities relating to biomedical, epidemiological, psychosocial, public services, and rehabilitative issues, including studies of the impact of such diseases in rural and underserved communities, studies to demonstrate the cost-effectiveness of providing independent living resources and support to patients with various forms of muscular dystrophy, and studies to determine optimal clinical care interventions for adults with various forms of muscular dystrophy;

(B)

identify priorities among the programs and activities of the National Institutes of Health regarding such diseases; and

(C)

reflect input from a broad range of scientists, patients, and advocacy groups.

(2) Certain elements of plan

The plan under paragraph (1) shall, with respect to each form of muscular dystrophy, provide for the following as appropriate:

(A)

Research to determine the reasons underlying the incidence and prevalence of various forms of muscular dystrophy.

(B)

Basic research concerning the etiology and genetic links of the disease and potential causes of mutations.

(C)

The development of improved screening techniques.

(D)

Basic and clinical research for the development and evaluation of new treatments, including new biological agents and new clinical interventions to improve the health of those with muscular dystrophy.

(E)

Information and education programs for health care professionals and the public.

(f) Public input

The Secretary shall, under subsection (a)(1), provide for a means through which the public can obtain information on the existing and planned programs and activities of the Department of Health and Human Services with respect to various forms of muscular dystrophy and through which the Secretary can receive comments from the public regarding such programs and activities.

(g) Clinical research

The Coordinating Committee may evaluate the potential need to enhance the clinical research infrastructure required to test emerging therapies for the various forms of muscular dystrophy by prioritizing the achievement of the goals related to this topic in the plan under subsection (e)(1).

Source credit: (July 1, 1944, ch. 373, title IV, § 404E, as added Pub. L. 107–84, § 3, Dec. 18, 2001, 115 Stat. 824; amended Pub. L. 109–482, title I, §§ 103(b)(4), 104(b)(1)(A), Jan. 15, 2007, 120 Stat. 3687, 3692; Pub. L. 110–154, § 1(b)(3), Dec. 21, 2007, 121 Stat. 1827; Pub. L. 110–361, § 2, Oct. 8, 2008, 122 Stat. 4010; Pub. L. 113–166, § 2, Sept. 26, 2014, 128 Stat. 1879.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 107-84 · 115 Stat. 824
  • 2007Amended · Pub. L. 109-482 · 120 Stat. 3687, 3692
  • 2007Amended · Pub. L. 110-154 · 121 Stat. 1827
  • 2008Amended · Pub. L. 110-361 · 122 Stat. 4010
  • 2014Amended · Pub. L. 113-166 · 128 Stat. 1879

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-84 on 1944-07-01.

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