ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

42 U.S.C. § 285b–3National Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources Program; administrative provisions

submitted 82 years ago by Pub. L. 99-158 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,032 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Heart, Lung, and Blood Institute run a broad research and demonstration program covering causes, biology, diagnosis, treatment, technology, training, and public education for heart, blood vessel, lung, and blood diseases, with special focus on stroke and children's diseases. To carry it out, the Director can hire up to 100 experts, build facilities, make grants, sign contracts, and help pay for research patients' hospital care.

(a)(1) The National Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources Program ("the Program") may provide for: (A) investigating the epidemiology, causes, and prevention of heart, blood vessel, lung, and blood diseases, including social, environmental, behavioral, nutritional, biological, and genetic factors; (B) studying the basic biological processes behind normal and abnormal heart, blood vessel, lung, and blood function; (C) researching and testing techniques, drugs, and devices (including computers) for diagnosing, treating (including emergency medical services), and preventing these diseases, and for rehabilitating patients; (D) programs applying biological, physical, and engineering science to these diseases, especially devices that assist, replace, or monitor vital organs, and better tools for detection, diagnosis, treatment, and rehabilitation; (E) programs for field studies, large-scale testing and evaluation, and demonstrating prevention, diagnosis, treatment, rehabilitation, and emergency medical service approaches; (F) studying blood diseases and blood itself, and all aspects of managing blood resources — collecting, preserving, separating, and distributing blood and blood products; (G) educating and training scientists, clinical investigators, and educators (including in computer science) needed for clinical work on these diseases and blood resources; (H) public and professional education on all aspects of these diseases, including prevention, and on using blood and blood products and managing blood resources; (I) programs researching these diseases in children — including cystic fibrosis, hyaline membrane disease, sickle cell anemia, Cooley's anemia, and hemophilia — and developing diagnosis, treatment, and prevention methods for them; and (J) programs for studying, developing, and evaluating emergency medical services for people who become critically ill from these diseases. (2) The Program must be coordinated with other national research institutes that share responsibility for these diseases, with special emphasis on stroke research and coordinating it with the National Institute of Neurological and Communicative Disorders and Stroke. The Director, advised by the Institute's advisory council, must revise the Program's plan every year and run the Program according to that plan. (b) In running the Program, under policies set by the Director of NIH, the Director: (1) may, after consulting the advisory council, hire up to 100 outside experts or consultants; (2)(A) may, after consulting the advisory council, acquire, build, improve, repair, run, alter, renovate, and maintain labs, research and training facilities, and other property needed for this work; (B) may make grants for building or renovating facilities; and (C) may lease or otherwise acquire buildings in or near Washington, D.C. for up to 10 years; (3) may sign contracts, leases, cooperative agreements, or other arrangements with public agencies or private parties needed to do this work; (4) may make grants to public and nonprofit groups to help cover the cost of caring for patients in hospitals, clinics, and related facilities who are part of research projects; and (5) must, after consulting the advisory council, run appropriate in-house training and education programs, including continuing education and lab and clinical research training. Experts hired under paragraph (1) get paid or reimbursed for travel and other 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 spent on their expenses as a debt, though the Secretary may waive some or all of that recovery.
the actual law source: uscode.house.gov ↗public domain
(a)
(1)

The National Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources Program (hereafter in this subpart referred to as the “Program”) may provide for—

(A)

investigation into the epidemiology, etiology, and prevention of all forms and aspects of heart, blood vessel, lung, and blood diseases, including investigations into the social, environmental, behavioral, nutritional, biological, and genetic determinants and influences involved in the epidemiology, etiology, and prevention of such diseases;

(B)

studies and research into the basic biological processes and mechanisms involved in the underlying normal and abnormal heart, blood vessel, lung, and blood phenomena;

(C)

research into the development, trial, and evaluation of techniques, drugs, and devices (including computers) used in, and approaches to, the diagnosis, treatment (including the provision of emergency medical services), and prevention of heart, blood vessel, lung, and blood diseases and the rehabilitation of patients suffering from such diseases;

(D)

establishment of programs that will focus and apply scientific and technological efforts involving the biological, physical, and engineering sciences to all facets of heart, blood vessel, lung, and blood diseases with emphasis on the refinement, development, and evaluation of technological devices that will assist, replace, or monitor vital organs and improve instrumentation for detection, diagnosis, and treatment of and rehabilitation from such diseases;

(E)

establishment of programs for the conduct and direction of field studies, large-scale testing and evaluation, and demonstration of preventive, diagnostic, therapeutic, and rehabilitative approaches to, and emergency medical services for, such diseases;

(F)

studies and research into blood diseases and blood, and into the use of blood for clinical purposes and all aspects of the management of blood resources in the United States, including the collection, preservation, fractionation, and distribution of blood and blood products;

(G)

the education (including continuing education) and training of scientists, clinical investigators, and educators, in fields and specialties (including computer sciences) requisite to the conduct of clinical programs respecting heart, blood vessel, lung, and blood diseases and blood resources;

(H)

public and professional education relating to all aspects of such diseases, including the prevention of such diseases, and the use of blood and blood products and the management of blood resources;

(I)

establishment of programs for study and research into heart, blood vessel, lung, and blood diseases of children (including cystic fibrosis, hyaline membrane, hemolytic diseases such as sickle cell anemia and Cooley’s anemia, and hemophilic diseases) and for the development and demonstration of diagnostic, treatment, and preventive approaches to such diseases; and

(J)

establishment of programs for study, research, development, demonstrations and evaluation of emergency medical services for people who become critically ill in connection with heart, blood vessel, lung, or blood diseases.

(2)

The Program shall be coordinated with other national research institutes to the extent that they have responsibilities respecting such diseases and shall give special emphasis to the continued development in the Institute of programs related to the causes of stroke and to effective coordination of such programs with related stroke programs in the National Institute of Neurological and Communicative Disorders and Stroke. The Director of the Institute, with the advice of the advisory council for the Institute, shall revise annually the plan for the Program and shall carry out the Program in accordance with such plan.

(b)

In carrying out the Program, the Director of the Institute, under policies established by the Director of NIH

(1)

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

(2)
(A)

may, in consultation with the advisory council for the Institute, acquire and construct, improve, repair, operate, alter, renovate, and maintain, heart, blood vessel, lung, and blood disease and blood resource laboratories, research, training, and other 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;

(3)

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

(4)

may make grants to public and nonprofit private entities to assist in meeting the cost of the care of patients in hospitals, clinics, and related facilities who are participating in research projects; and

(5)

shall, in consultation with the advisory council for the Institute, conduct appropriate intramural training and education programs, including continuing education and laboratory and clinical research training programs.

Except as otherwise provided, experts and consultants whose services are obtained under paragraph (1) 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 (1) 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.

Source credit: (July 1, 1944, ch. 373, title IV, § 421, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 837; amended Pub. L. 100–607, title I, § 127, Nov. 4, 1988, 102 Stat. 3055; Pub. L. 103–43, title V, § 501, title XX, § 2008(b)(3), June 10, 1993, 107 Stat. 158, 211.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 99-158 · 99 Stat. 837
  • 1988Amended · Pub. L. 100-607 · 102 Stat. 3055
  • 1993Amended · Pub. L. 103-43 · 107 Stat. 158, 211

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

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case