
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC284]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
 
   Part B--General Provisions Respecting National Research Institutes
 
Sec. 284. Directors of national research institutes


(a) Appointment

    The Director of the National Cancer Institute shall be appointed by 
the President and the Directors of the other national research 
institutes shall be appointed by the Secretary. Each Director of a 
national research institute shall report directly to the Director of 
NIH.

(b) Duties and authority; grants, contracts, and cooperative agreements

    (1) In carrying out the purposes of section 241 of this title with 
respect to human diseases or disorders or other aspects of human health 
for which the national research institutes were established, the 
Secretary, acting through the Director of each national research 
institute--
        (A) shall encourage and support research, investigations, 
    experiments, demonstrations, and studies in the health sciences 
    related to--
            (i) the maintenance of health,
            (ii) the detection, diagnosis, treatment, and prevention of 
        human diseases and disorders,
            (iii) the rehabilitation of individuals with human diseases, 
        disorders, and disabilities, and
            (iv) the expansion of knowledge of the processes underlying 
        human diseases, disorders, and disabilities, the processes 
        underlying the normal and pathological functioning of the body 
        and its organ systems, and the processes underlying the 
        interactions between the human organism and the environment;

        (B) may, subject to the peer review prescribed under section 
    289a(b) of this title and any advisory council review under section 
    284a(a)(3)(A)(i) of this title, conduct the research, 
    investigations, experiments, demonstrations, and studies referred to 
    in subparagraph (A);
        (C) may conduct and support research training (i) for which 
    fellowship support is not provided under section 288 of this title, 
    and (ii) which is not residency training of physicians or other 
    health professionals;
        (D) may develop, implement, and support demonstrations and 
    programs for the application of the results of the activities of the 
    institute to clinical practice and disease prevention activities;
        (E) may develop, conduct, and support public and professional 
    education and information programs;
        (F) may secure, develop and maintain, distribute, and support 
    the development and maintenance of resources needed for research;
        (G) may make available the facilities of the institute to 
    appropriate entities and individuals engaged in research activities 
    and cooperate with and assist Federal and State agencies charged 
    with protecting the public health;
        (H) may accept unconditional gifts made to the institute for its 
    activities, and, in the case of gifts of a value in excess of 
    $50,000, establish suitable memorials to the donor;
        (I) may secure for the institute consultation services and 
    advice of persons from the United States or abroad;
        (J) may use, with their consent, the services, equipment, 
    personnel, information, and facilities of other Federal, State, or 
    local public agencies, with or without reimbursement therefor;
        (K) may accept voluntary and uncompensated services; and
        (L) may perform such other functions as the Secretary determines 
    are needed to carry out effectively the purposes of the institute.

The indemnification provisions of section 2354 of title 10 shall apply 
with respect to contracts entered into under this subsection and section 
282(b) of this title.
    (2) Support for an activity or program under this subsection may be 
provided through grants, contracts, and cooperative agreements. The 
Secretary, acting through the Director of each national research 
institute--
        (A) may enter into a contract for research, training, or 
    demonstrations only if the contract has been recommended after 
    technical and scientific peer review required by regulations under 
    section 289a of this title;
        (B) may make grants and cooperative agreements under paragraph 
    (1) for research, training, or demonstrations, except that--
            (i) if the direct cost of the grant or cooperative agreement 
        to be made does not exceed $50,000, such grant or cooperative 
        agreement may be made only if such grant or cooperative 
        agreement has been recommended after technical and scientific 
        peer review required by regulations under section 289a of this 
        title, and
            (ii) if the direct cost of the grant or cooperative 
        agreement to be made exceeds $50,000, such grant or cooperative 
        agreement may be made only if such grant or cooperative 
        agreement has been recommended after technical and scientific 
        peer review required by regulations under section 289a of this 
        title and is recommended under section 284a(a)(3)(A)(ii) of this 
        title by the advisory council for the national research 
        institute involved; and

        (C) shall, subject to section 300cc-40b(d)(2) of this title, 
    receive from the President and the Office of Management and Budget 
    directly all funds appropriated by the Congress for obligation and 
    expenditure by the Institute.

(c) Coordination with other public and private entities; cooperation 
        with other national research institutes; appointment of 
        additional peer review groups

    In carrying out subsection (b) of this section, each Director of a 
national research institute--
        (1) shall coordinate, as appropriate, the activities of the 
    institute with similar programs of other public and private 
    entities;
        (2) shall cooperate with the Directors of the other national 
    research institutes in the development and support of 
    multidisciplinary research and research that involves more than one 
    institute;
        (3) may, in consultation with the advisory council for the 
    Institute and with the approval of the Director of NIH--
            (A) establish technical and scientific peer review groups in 
        addition to those appointed under section 282(b)(6) of this 
        title; and
            (B) appoint the members of peer review groups established 
        under subparagraph (A); and

        (4) may publish, or arrange for the publication of, information 
    with respect to the purpose of the Institute without regard to 
    section 501 of title 44.

The Federal Advisory Committee Act shall not apply to the duration of a 
peer review group appointed under paragraph (3).

(July 1, 1944, ch. 373, title IV, Sec. 405, as added Pub. L. 99-158, 
Sec. 2, Nov. 20, 1985, 99 Stat. 826; amended Pub. L. 100-607, title I, 
Sec. 116, Nov. 4, 1988, 102 Stat. 3053; Pub. L. 100-690, title II, 
Sec. 2613(c), Nov. 18, 1988, 102 Stat. 4239; Pub. L. 103-43, title III, 
Sec. 301(a)(1), (b), June 10, 1993, 107 Stat. 150.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (c), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    1993--Subsec. (b)(2)(C). Pub. L. 103-43, Sec. 301(a)(1), added 
subpar. (C).
    Subsec. (c). Pub. L. 103-43, Sec. 301(b)(2), inserted concluding 
provisions relating to Federal Advisory Committee Act.
    Subsec. (c)(3). Pub. L. 103-43, Sec. 301(b)(1), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``may, in 
consultation with the advisory council for the Institute and the 
approval of the Director of NIH, establish and appoint technical and 
scientific peer review groups in addition to those established and 
appointed under section 282(b)(6) of this title; and''.
    1988--Subsec. (b)(1). Pub. L. 100-607, Sec. 116(1), struck out 
``the'' after ``with respect to'' in introductory provisions.
    Subsec. (c)(3). Pub. L. 100-690 substituted ``establish and 
appoint'' and ``established and appointed'' for ``establish'' and 
``established'', respectively.
    Pub. L. 100-607, Sec. 116(2)(A), amended par. (3) generally. Prior 
to amendment, par. (3) read as follows: ``may, with the approval of the 
advisory council for the institute and the Director of NIH, appoint 
technical and scientific peer review groups in addition to those 
appointed under section 282(b)(6) of this title.''
    Subsec. (c)(4). Pub. L. 100-607, Sec. 116(2)(C), added par. (4).


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective immediately after enactment 
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600 of 
Pub. L. 100-690, set out as a note under section 242m of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 284a, 285a-2, 285b-3, 289a, 
300cc-41 of this title.
