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42 U.S.C. § 280g–7bHHS public-private partnership for rare neurodegenerative diseases

submitted 5 years ago by Pub. L. 117-79 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 531 words · no verdicts yet

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HHS must set up a partnership between NIH, the FDA, and outside groups. The goal is to study ALS and other rare neurodegenerative diseases and speed up new treatments. Only certain qualified nonprofits or universities can serve as partners, and they can accept gifts to fund the work.

(a) Establishment. Within one year after December 23, 2021, the Secretary must set up and run a Public-Private Partnership for Neurodegenerative Diseases, joining NIH, the FDA, and one or more "eligible entities," using cooperative agreements, contracts, or similar tools. The goal is to better understand neurodegenerative diseases and help develop treatments for ALS and other rare ones. The Partnership must (1) build partnerships and consortia with public and private experts in ALS and related rare diseases; (2) focus on regulatory science and research that speeds up drug development and review for these diseases; and (3) work to develop effective drugs that improve patients' lives. (b) Eligible entity. To qualify, an entity must (1) be either (A) a college or university (or group of them) or (B) a tax-exempt 501(c)(3) nonprofit; (2) have staff with clinical and technical expertise in biomedical science and real ties to the patient community; (3) show the Secretary it can bring together public and private experts, including patients, to (A) develop and test tools and methods to describe these diseases, find their molecular targets, and make clinical drug development faster and more reliable, including through clinical trial networks, and (B) raise funding for the Partnership from federal, non-federal, foundation, and private sources; and (4) promise not to take Partnership funding from a company that makes or sells FDA-regulated products, unless the entity guarantees in writing that such funding won't influence the project's results. (c) Gifts. (1) The Partnership may accept gifts, grants, and donations, open accounts, and invest or spend those funds on basic research and on Phase 3 trials tied to expanded-access requests for investigational drugs under 21 U.S.C. § 360bbb. (2) Besides any money Congress appropriates for this section, the Partnership can spend gift and donation funds without needing further appropriation.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

Not later than one year after December 23, 2021, the Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall establish and implement a Public-Private Partnership for Neurodegenerative Diseases between the National Institutes of Health, the Food and Drug Administration, and one or more eligible entities (to be known and referred to in this section as the “Partnership”) through cooperative agreements, contracts, or other appropriate mechanisms with such eligible entities, for the purpose of advancing the understanding of neurodegenerative diseases and fostering the development of treatments for amytrophic lateral sclerosis and other rare neurodegenerative diseases. The Partnership shall—

(1)

establish partnerships and consortia with other public and private entities and individuals with expertise in amyotrophic lateral sclerosis and other rare neurodegenerative diseases for the purposes described in this subsection;

(2)

focus on advancing regulatory science and scientific research that will support and accelerate the development and review of drugs for patients with amyotrophic lateral sclerosis and other rare neurodegenerative diseases; and

(3)

foster the development of effective drugs that improve the lives of people that suffer from amyotrophic lateral sclerosis and other rare neurodegenerative diseases.

(b) Eligible entity

In this section, the term “eligible entity” means an entity that—

(1)

is—

(A)

an institution of higher education (as such term is defined in section 1001 1 of title 20) or a consortium of such institutions; or

(B)

an organization described in section 501(c)(3) of title 26 and exempt from tax under subsection (a) of such section;

(2)

has experienced personnel with clinical and other technical expertise in the field of biomedical sciences and demonstrated connection to the patient population;

(3)

demonstrates to the Secretary’s satisfaction that the entity is capable of identifying and establishing collaborations between public and private entities and individuals with expertise in neurodegenerative diseases, including patients, in order to facilitate—

(A)

development and critical evaluation of tools, methods, and processes—

(i)

to characterize neurodegenerative diseases and their natural history;

(ii)

to identify molecular targets for neurodegenerative diseases; and

(iii)

to increase efficiency, predictability, and productivity of clinical development of therapies, including advancement of rational therapeutic development and establishment of clinical trial networks; and

(B)

securing funding for the Partnership from Federal and non-Federal governmental sources, foundations, and private individuals; and

(4)

provides an assurance that the entity will not accept funding for a Partnership project from any organization that manufactures or distributes products regulated by the Food and Drug Administration unless the entity provides assurances in its agreement with the Secretary that the results of the project will not be influenced by any source of funding.

(c) Gifts
(1) In general

The Partnership may solicit and accept gifts, grants, and other donations, establish accounts, and invest and expend funds in support of basic research and research associated with phase 3 clinical trials conducted with respect to investigational drugs that are the subjects of expanded access requests under section 360bbb of title 21.

(2) Use

In addition to any amounts appropriated for purposes of carrying out this section, the Partnership may use, without further appropriation, any funds derived from a gift, grant, or other donation accepted pursuant to paragraph (1).

Source credit: (Pub. L. 117–79, § 3, Dec. 23, 2021, 135 Stat. 1535.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 117-79 · 135 Stat. 1535

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-79 on 2021-12-23.

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