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42 U.S.C. § 285g–4National Center for Medical Rehabilitation Research

submitted 82 years ago by Pub. L. 101-613 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,424 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Institute must run a National Center for Medical Rehabilitation Research. The Center funds, coordinates, and studies rehabilitation research for people with physical disabilities. It writes a national Research Plan, reviewed by a coordinating committee and an advisory board.

(a) Establishment of Center: The Institute must have an agency called the National Center for Medical Rehabilitation Research (the "Center"). The Institute's Director appoints a qualified Director of the Center, who reports directly to the Institute's Director. (b) Purpose: The Center's job is to conduct, support, and coordinate research and research training (including developing orthotic and prosthetic devices), share health information, and run other programs on rehabilitating people whose physical disabilities come from diseases or disorders of the nervous, musculoskeletal, cardiovascular, pulmonary, or other body systems — called "medical rehabilitation" in this section. (c) Authority of Director: (1) To carry out the Center's purpose, its Director may (A) fund clinical trials on medical rehabilitation; (B) fund research on medical rehabilitation model systems; (C) coordinate the Center's work with similar work at other federal agencies (including other NIH agencies) and at other public and private groups; (D) support multidisciplinary rehabilitation research funded by more than one agency; (E) with the Institute's advisory council's input and the NIH Director's approval, (i) create extra technical and scientific peer review groups beyond those under section 282(b)(16), and (ii) appoint their members — these groups are not subject to the term limits in Chapter 10 of title 5; and (F) support medical rehabilitation research and training centers. (2) In doing this, the Center's Director may give grants and enter into cooperative agreements and contracts. (d) Research Plan: (1) Working with the Institute's Director, a coordinating committee (subsection (e)), and an advisory board (subsection (f)), the Center's Director must write a comprehensive Research Plan for conducting, supporting, and coordinating medical rehabilitation research. (2) The Research Plan must (A) identify current federally funded medical rehabilitation research, opportunities and needs for more research, and research priorities; (B) recommend how to coordinate research funded by NIH and other federal agencies; and (C) set goals and objectives for conducting, supporting, and coordinating this research, matching the purpose in subsection (b). (3)(A) Within 18 months of the National Institutes of Health Revitalization Amendments of 1990 becoming law, the Institute's Director had to send the Research Plan to the NIH Director, who submits it to the President and Congress. (B) This step happens independently of the reporting process required under sections 283 and 284b. (4) Working with the same Institute's Director, coordinating committee, and advisory board, the Center's Director must periodically revise and update the Research Plan — at least every 5 years — and send the updated Plan, within 30 days of the update, to the President and the relevant Senate and House committees. (5) Before updating the Plan, the Center's Director, with the Institute's Director, must write a report for the coordinating committee and advisory board describing and analyzing the past year's progress toward the Plan's goals, including rehabilitation research spending at NIH. This report must recommend Plan updates and other initiatives the Center's and Institute's Directors think fit, prepared in consultation with the NIH Director. (e) Medical Rehabilitation Coordinating Committee: (1) The NIH Director must set up a Medical Rehabilitation Coordinating Committee (the "Coordinating Committee"). (2) The Coordinating Committee must periodically host a scientific conference or workshop on medical rehabilitation research, and recommend to the Institute's and Center's Directors what the Research Plan should say and how the Center should work with other NIH and federal agencies. (3) Its members are the Director of NIH's Division of Program Coordination, Planning, and Strategic Initiatives; the Center's Director; the Institute's Director; the Directors of the National Institute on Aging, the National Institute of Arthritis and Musculoskeletal and Skin Diseases, the National Heart, Lung, and Blood Institute, and the National Institute of Neurological Disorders and Stroke; and other research institutes and federal agency representatives the NIH Director thinks fit. (4) The Center's Director chairs the Coordinating Committee. (f) National Advisory Board on Medical Rehabilitation Research: (1) Within 90 days of the National Institutes of Health Revitalization Amendments of 1990 becoming law, the NIH Director had to set up a National Advisory Board on Medical Rehabilitation Research (the "Advisory Board"). (2) The Advisory Board reviews and assesses federal research priorities, activities, and findings on medical rehabilitation research, and advises the Center's and Institute's Directors on the Research Plan. (3)(A) The NIH Director appoints 18 qualified public representatives who are not federal officers or employees: 12 must represent health and scientific fields related to medical rehabilitation, and 6 must represent people undergoing, or needing, medical rehabilitation. (B) Ex officio members include the Directors of the Center; the Institute; the National Institute on Aging; the National Institute of Arthritis and Musculoskeletal and Skin Diseases; the National Institute on Deafness and Other Communication Disorders; the National Heart, Lung, and Blood Institute; the National Institute of Neurological Disorders and Stroke; and the National Institute on Disability and Rehabilitation Research; the Director of the Division of Program Coordination, Planning, and Strategic Initiatives; the Commissioner for Rehabilitation Services Administration; the Assistant Secretary of Defense (Health Affairs); and the Under Secretary for Health at Veterans Affairs. (4) The appointed members choose one of themselves to chair the Advisory Board. (g) Review and coordination of medical rehabilitation research programs: (1) The Secretary and other federal agency heads must jointly review their medical rehabilitation research programs (existing or proposed) and, as appropriate, agree to prevent duplicate programs. (2) The Secretary must, as appropriate, make interagency agreements to coordinate medical rehabilitation research between NIH agencies and other federal agencies. (h) "Medical rehabilitation research" defined: For this section, the term means the science of mechanisms and treatments that prevent, improve, restore, or replace lost, underdeveloped, or worsening body function.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment of Center

There shall be in the Institute an agency to be known as the National Center for Medical Rehabilitation Research (hereafter in this section referred to as the “Center”). The Director of the Institute shall appoint a qualified individual to serve as Director of the Center. The Director of the Center shall report directly to the Director of the Institute.

(b) Purpose

The general purpose of the Center is the conduct, support, and coordination of research and research training (including research on the development of orthotic and prosthetic devices), the dissemination of health information, and other programs with respect to the rehabilitation of individuals with physical disabilities resulting from diseases or disorders of the neurological, musculoskeletal, cardiovascular, pulmonary, or any other physiological system (hereafter in this section referred to as “medical rehabilitation”).

(c) Authority of Director
(1)

In carrying out the purpose described in subsection (b), the Director of the Center may—

(A)

provide for clinical trials regarding medical rehabilitation;

(B)

provide for research regarding model systems of medical rehabilitation;

(C)

coordinate the activities within the Center with similar activities of other agencies of the Federal Government, including the other agencies of the National Institutes of Health, and with similar activities of other public entities and of private entities;

(D)

support multidisciplinary medical rehabilitation research conducted or supported by more than one such agency;

(E)

in consultation with the advisory council for the Institute and with the approval of the Director of NIH

(i)

establish technical and scientific peer review groups in addition to those appointed under section 282(b)(16) of this title; and

(ii)

appoint the members of peer review groups established under subparagraph (A); and

(F)

support medical rehabilitation research and training centers.

Chapter 10 of title 5 shall not apply to the duration of a peer review group appointed under subparagraph (E).

(2)

In carrying out this section, the Director of the Center may make grants and enter into cooperative agreements and contracts.

(d) Research Plan
(1)

The Director of the Center, in consultation with the Director of the Institute, the coordinating committee established under subsection (e), and the advisory board established under subsection (f), shall develop a comprehensive plan (referred to in this section as the “Research Plan”) for the conduct, support, and coordination of medical rehabilitation research.

(2)

The Research Plan shall—

(A)

identify current medical rehabilitation research activities conducted or supported by the Federal Government, opportunities and needs for additional research, and priorities for such research;

(B)

make recommendations for the coordination of such research conducted or supported by the National Institutes of Health and other agencies of the Federal Government; and

(C)

include goals and objectives for conducting, supporting, and coordinating medical rehabilitation research, consistent with the purpose described in subsection (b).

(3)
(A)

Not later than 18 months after the date of the enactment of the National Institutes of Health Revitalization Amendments of 1990, the Director of the Institute shall transmit the Research Plan to the Director of NIH, who shall submit the Plan to the President and the Congress.

(B)

Subparagraph (A) shall be carried out independently of the process of reporting that is required in sections 283 and 284b 1 of this title.

(4)

The Director of the Center, in consultation with the Director of the Institute, the coordinating committee established under subsection (e), and the advisory board established under subsection (f), shall revise and update the Research Plan periodically, as appropriate, or not less than every 5 years. Not later than 30 days after the Research Plan is so revised and updated, the Director of the Center shall transmit the revised and updated Research Plan to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives.

(5)

The Director of the Center, in consultation with the Director of the Institute, shall, prior to revising and updating the Research Plan, prepare a report for the coordinating committee established under subsection (e) and the advisory board established under subsection (f) that describes and analyzes the progress during the preceding fiscal year in achieving the goals and objectives described in paragraph (2)(C) and includes expenditures for rehabilitation research at the National Institutes of Health. The report shall include recommendations for revising and updating the Research Plan, and such initiatives as the Director of the Center and the Director of the Institute determine appropriate. In preparing the report, the Director of the Center and the Director of the Institute shall consult with the Director of the National Institutes of Health.

(e) Medical Rehabilitation Coordinating Committee
(1)

The Director of NIH shall establish a committee to be known as the Medical Rehabilitation Coordinating Committee (hereafter in this section referred to as the “Coordinating Committee”).

(2)

The Coordinating Committee shall periodically host a scientific conference or workshop on medical rehabilitation research and make recommendations to the Director of the Institute and the Director of the Center with respect to the content of the Research Plan and with respect to the activities of the Center that are carried out in conjunction with other agencies of the National Institutes of Health and with other agencies of the Federal Government.

(3)

The Coordinating Committee shall be composed of the Director of the Division of Program Coordination, Planning, and Strategic Initiatives within the Office of the Director of the National Institutes of Health, the Director of the Center, the Director of the Institute, and the Directors of the National Institute on Aging, the National Institute of Arthritis and Musculoskeletal and Skin Diseases, the National Heart, Lung, and Blood Institute, the National Institute of Neurological Disorders and Stroke, and such other national research institutes and such representatives of other agencies of the Federal Government as the Director of NIH determines to be appropriate.

(4)

The Coordinating Committee shall be chaired by the Director of the Center.

(f) National Advisory Board on Medical Rehabilitation Research
(1)

Not later than 90 days after the date of the enactment of the National Institutes of Health Revitalization Amendments of 1990, the Director of NIH shall establish a National Advisory Board on Medical Rehabilitation Research (hereafter in this section referred to as the “Advisory Board”).

(2)

The Advisory Board shall review and assess Federal research priorities, activities, and findings regarding medical rehabilitation research, and shall advise the Director of the Center and the Director of the Institute on the provisions of the Research Plan.

(3)
(A)

The Director of NIH shall appoint to the Advisory Board 18 qualified representatives of the public who are not officers or employees of the Federal Government. Of such members, 12 shall be representatives of health and scientific disciplines with respect to medical rehabilitation and 6 shall be individuals representing the interests of individuals undergoing, or in need of, medical rehabilitation.

(B)

The following officials shall serve as ex officio members of the Advisory Board:

(i)

The Director of the Center.

(ii)

The Director of the Institute.

(iii)

The Director of the National Institute on Aging.

(iv)

The Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases.

(v)

The Director of the National Institute on Deafness and Other Communication Disorders.

(vi)

The Director of the National Heart, Lung, and Blood Institute.

(vii)

The Director of the National Institute of Neurological Disorders and Stroke.

(viii)

The Director of the National Institute on Disability and Rehabilitation Research.

(ix)

The Director of the Division of Program Coordination, Planning, and Strategic Initiatives.

(x)

The Commissioner for Rehabilitation Services Administration.

(xi)

The Assistant Secretary of Defense (Health Affairs).

(xii)

The Under Secretary for Health of the Department of Veterans Affairs.

(4)

The members of the Advisory Board shall, from among the members appointed under paragraph (3)(A), designate an individual to serve as the chair of the Advisory Board.

(g) Review and coordination of medical rehabilitation research programs
(1)

The Secretary and the heads of other Federal agencies shall jointly review the programs carried out (or proposed to be carried out) by each such official with respect to medical rehabilitation research and, as appropriate, enter into agreements preventing duplication among such programs.

(2)

The Secretary shall, as appropriate, enter into interagency agreements relating to the coordination of medical rehabilitation research conducted by agencies of the National Institutes of Health and other agencies of the Federal Government.

(h) “Medical rehabilitation research” defined

For purposes of this section, the term “medical rehabilitation research” means the science of mechanisms and interventions that prevent, improve, restore, or replace lost, underdeveloped, or deteriorating function.

Source credit: (July 1, 1944, ch. 373, title IV, § 452, as added Pub. L. 101–613, § 3(a), Nov. 16, 1990, 104 Stat. 3227; amended Pub. L. 102–405, title III, § 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 109–482, title I, § 102(f)(1)(B), Jan. 15, 2007, 120 Stat. 3685; Pub. L. 114–255, div. A, title II, § 2040(a), (b)(1), Dec. 13, 2016, 130 Stat. 1069, 1070; Pub. L. 117–286, § 4(a)(234), Dec. 27, 2022, 136 Stat. 4331.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 101-613 · 104 Stat. 3227
  • 1992Amended · Pub. L. 102-405 · 106 Stat. 1985
  • 2007Amended · Pub. L. 109-482 · 120 Stat. 3685
  • 2016Amended · Pub. L. 114-255 · 130 Stat. 1069, 1070
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4331

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-613 on 1944-07-01.

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