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42 U.S.C. § 285a–2Special authorities of Director

submitted 82 years ago by Pub. L. 99-158 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,105 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Institute's Director must run a program that shares cancer information with patients, health professionals, and the public, and runs an international cancer research data bank. The Director also has broad powers to support the National Cancer Program: funding foreign and joint research, training scientists, hiring experts, building facilities, forming advisory committees, and signing contracts. The Director must also expand research into preclinical models for pediatric cancer therapies.

(a) Information and education program. (1) The Director must set up a program to collect, identify, analyze, and quickly share — through publications and other means — information on cancer research, diagnosis, prevention, and treatment, including how nutrition relates to cancer, with cancer patients and their families, physicians and other health professionals, and the public. The Director may take whatever action is needed to keep scientific information flowing between the Institute and the public, and between the Institute and other scientific and medical organizations, both in the U.S. and abroad. (2) In doing this, the Director must: (A) run public and patient information and education programs that help people lower their cancer risk, learn about early-detection methods and use them, cope with cancer if they get it, and improve their long-term survival; (B) continue and expand programs giving physicians and the public state-of-the-art information on treating specific cancers, and identify clinical trials that could help patients while advancing cancer knowledge; (C) assess how well state-of-the-art cancer treatments are actually being used in practice, and include that assessment in the required biennial reports; (D) run the International Cancer Research Data Bank, which collects, catalogs, stores, and — as much as possible — shares cancer research and treatment results from any country, for use by cancer researchers and clinicians in any country; and (E) use publicly available information systems, where practical, to share cancer research and treatment results. (b) National Cancer Program. In running the National Cancer Program, the Director: (1) must set up or support large-scale production and distribution of specialized biological materials and other substances used in cancer research, and must set safety standards for people who use them; (2) must, after consulting the Institute's advisory council, support research abroad by qualified foreign scientists that would benefit Americans, joint research between American and foreign researchers, and training of American scientists abroad and foreign scientists in the U.S.; (3) must, after consulting the advisory council, support education and training programs, including continuing education and lab and clinical research training; (4) must encourage and coordinate cancer research done by industry where a company has particular research capability; (5) may, after consulting the advisory council, hire up to 151 outside experts or consultants; (6) may, after consulting the advisory council, (A) acquire, build, improve, repair, run, and maintain labs and other research facilities and property; (B) give grants for building or renovating facilities; and (C) lease or otherwise acquire buildings in or near Washington, D.C. for up to 10 years; (7) may, after consulting the advisory council, appoint advisory committees of private citizens and federal, state, and local officials to advise the Director; (8) may sign contracts, leases, and cooperative agreements with public agencies or private parties as needed to carry out the Director's duties; and (9) must, regardless of the Institute's normal budget process, submit an annual budget estimate — including projected staffing needs — directly to the President for review and forwarding to Congress, after giving the Secretary, the Director of NIH, and the advisory council a chance to comment (though their comments cannot change the budget). Experts hired under paragraph (5) get paid or reimbursed for travel and related expenses under Title 5, but only if they agree in writing to serve the full assignment or one year, whichever is shorter — unless they are separated or reassigned for reasons beyond their control that the Director accepts. If an expert breaks that agreement, the government can recover the money it spent on their expenses as a debt, though the Secretary may waive some or all of that recovery. (c) Pre-clinical models to evaluate promising pediatric cancer therapies. (1) The Director of the National Cancer Institute must expand, intensify, and coordinate the Institute's research into preclinical models that predict which therapies will work for treating pediatric cancer. (2) The Director must coordinate this work with similar work by other national research institutes and NIH agencies that also deal with pediatric cancer.
the actual law source: uscode.house.gov ↗public domain
(a) Information and education program
(1)

The Director of the Institute shall establish an information and education program to collect, identify, analyze, and disseminate on a timely basis, through publications and other appropriate means, to cancer patients and their families, physicians and other health professionals, and the general public, information on cancer research, diagnosis, prevention, and treatment (including information respecting nutrition programs for cancer patients and the relationship between nutrition and cancer). The Director of the Institute may take such action as may be necessary to insure that all channels for the dissemination and exchange of scientific knowledge and information are maintained between the Institute and the public and between the Institute and other scientific, medical, and biomedical disciplines and organizations nationally and internationally.

(2)

In carrying out paragraph (1), the Director of the Institute shall—

(A)

provide public and patient information and education programs, providing information that will help individuals take personal steps to reduce their risk of cancer, to make them aware of early detection techniques and to motivate appropriate utilization of those techniques, to help individuals deal with cancer if it strikes, and to provide information to improve long-term survival;

(B)

continue and expand programs to provide physicians and the public with state-of-the-art information on the treatment of particular forms of cancers, and to identify those clinical trials that might benefit patients while advancing knowledge of cancer treatment;

(C)

assess the incorporation of state-of-the-art cancer treatments into clinical practice and the extent to which cancer patients receive such treatments and include the results of such assessments in the biennial reports required under section 284b 1 of this title;

(D)

maintain and operate the International Cancer Research Data Bank, which shall collect, catalog, store, and disseminate insofar as feasible the results of cancer research and treatment undertaken in any country for the use of any person involved in cancer research and treatment in any country; and

(E)

to the extent practicable, in disseminating the results of such cancer research and treatment, utilize information systems available to the public.

(b) National Cancer Program

The Director of the Institute in carrying out the National Cancer Program—

(1)

shall establish or support the large-scale production or distribution of specialized biological materials and other therapeutic substances for cancer research and set standards of safety and care for persons using such materials;

(2)

shall, in consultation with the advisory council for the Institute, support (A) research in the cancer field outside the United States by highly qualified foreign nationals which can be expected to benefit the American people, (B) collaborative research involving American and foreign participants, and (C) the training of American scientists abroad and foreign scientists in the United States;

(3)

shall, in consultation with the advisory council for the Institute, support appropriate programs of education and training (including continuing education and laboratory and clinical research training);

(4)

shall encourage and coordinate cancer research by industrial concerns where such concerns evidence a particular capability for such research;

(5)

may obtain (after consultation with the advisory council for the Institute and in accordance with section 3109 of title 5, but without regard to the limitation in such section on the period of service) the services of not more than one hundred and fifty-one experts or consultants who have scientific or professional qualifications;

(6)
(A)

may, in consultation with the advisory council for the Institute, acquire, construct, improve, repair, operate, and maintain laboratories, other research facilities, equipment, and such other real or personal property as the Director determines necessary;

(B)

may, in consultation with the advisory council for the Institute, make grants for construction or renovation of facilities; and

(C)

may, in consultation with the advisory council for the Institute, acquire, without regard to section 8141 of title 40, by lease or otherwise through the Administrator of General Services, buildings or parts of buildings in the District of Columbia or communities located adjacent to the District of Columbia for the use of the Institute for a period not to exceed ten years;

(7)

may, in consultation with the advisory council for the Institute, appoint one or more advisory committees composed of such private citizens and officials of Federal, State, and local governments to advise the Director with respect to the Director’s functions;

(8)

may, subject to section 284(b)(2) of this title and without regard to section 3324 of title 31 and section 6101 of title 41, enter into such contracts, leases, cooperative agreements, as may be necessary in the conduct of functions of the Director, with any public agency, or with any person, firm, association, corporation, or educational institution; and

(9)

shall, notwithstanding section 284(a) of this title, prepare and submit, directly to the President for review and transmittal to Congress, an annual budget estimate (including an estimate of the number and type of personnel needs for the Institute) for the National Cancer Program, after reasonable opportunity for comment (but without change) by the Secretary, the Director of NIH, and the Institute’s advisory council.

Except as otherwise provided, experts and consultants whose services are obtained under paragraph (5) shall be paid or reimbursed, in accordance with title 5 for their travel to and from their place of service and for other expenses associated with their assignment. Such expenses shall not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (5) unless the expert or consultant has agreed in writing to complete the entire period of the assignment or one year of the assignment, whichever is shorter, unless separated or reassigned for reasons which are beyond the control of the expert or consultant and which are acceptable to the Director of the Institute. If the expert or consultant violates the agreement, the money spent by the United States for such expenses is recoverable from the expert or consultant as a debt due the United States. The Secretary may waive in whole or in part a right of recovery under the preceding sentence.

(c) Pre-clinical models to evaluate promising pediatric cancer therapies
(1) Expansion and coordination of activities

The Director of the National Cancer Institute shall expand, intensify, and coordinate the activities of the Institute with respect to research on the development of preclinical models to evaluate which therapies are likely to be effective for treating pediatric cancer.

(2) Coordination with other institutes

The Director of the Institute shall coordinate the activities under paragraph (1) with similar activities conducted by other national research institutes and agencies of the National Institutes of Health to the extent that those Institutes and agencies have responsibilities that are related to pediatric cancer.

Source credit: (July 1, 1944, ch. 373, title IV, § 413, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 833; amended Pub. L. 100–607, title I, § 122, Nov. 4, 1988, 102 Stat. 3054; Pub. L. 101–93, § 5(c), Aug. 16, 1989, 103 Stat. 611; Pub. L. 103–43, title III, § 301(a)(2), June 10, 1993, 107 Stat. 150; Pub. L. 107–109, § 15(b), Jan. 4, 2002, 115 Stat. 1420.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 99-158 · 99 Stat. 833
  • 1988Amended · Pub. L. 100-607 · 102 Stat. 3054
  • 1989Amended · Pub. L. 101-93 · 103 Stat. 611
  • 1993Amended · Pub. L. 103-43 · 107 Stat. 150
  • 2002Amended · Pub. L. 107-109 · 115 Stat. 1420

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-158 on 1944-07-01.

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