
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-109 Section 15(b)]
[CITE: 42USC285a-2]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
 
   Part C--Specific Provisions Respecting National Research Institutes
 
                  subpart 1--national cancer institute
 
Sec. 285a-2. Special authorities of Director

    (a)(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 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) 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 34 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 5 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.

(July 1, 1944, ch. 373, title IV, Sec. 413, as added Pub. L. 99-158, 
Sec. 2, Nov. 20, 1985, 99 Stat. 833; amended Pub. L. 100-607, title I, 
Sec. 122, Nov. 4, 1988, 102 Stat. 3054; Pub. L. 101-93, Sec. 5(c), Aug. 
16, 1989, 103 Stat. 611; Pub. L. 103-43, title III, Sec. 301(a)(2), June 
10, 1993, 107 Stat. 150.)

                       References in Text

    The provisions of title 5 relating to reimbursement for travel 
expenses, referred to in subsec. (b), are classified generally to 
section 5701 et seq. of Title 5, Government Organization and Employees.


                               Amendments

    1993--Subsec. (b)(9). Pub. L. 103-43 struck out subpar. (A) 
designation and subpar. (B) which permitted Director to receive from 
President and Office of Management and Budget directly all funds 
appropriated by Congress for obligation and expenditure by Institute.
    1989--Subsec. (a)(1). Pub. L. 101-93 substituted ``Institute and'' 
for ``Institute and and''.
    1988--Subsec. (a). Pub. L. 100-607, Sec. 122(1), designated existing 
provisions as par. (1), substituted ``education program'' for 
``education center'', inserted ``and the public and between the 
Institute and'' after ``between the Institute'', and added par. (2).
    Subsec. (b)(5). Pub. L. 100-607, Sec. 122(2)(A), substituted ``after 
consultation with'' for ``with the approval of''.
    Subsec. (b)(8) to (10). Pub. L. 100-607, Sec. 122(2)(B), inserted 
``and'' after ``or educational institution;'' in par. (8), redesignated 
par. (10) as (9), and struck out former par. (9) which related to 
International Cancer Research Data Bank.

                  Section Referred to in Other Sections

    This section is referred to in sections 285a-6, 285a-7, 285a-8 of 
this title.
