
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: 42USC286]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
 
                  Part D--National Library of Medicine
 
                      subpart 1--general provisions
 
Sec. 286. National Library of Medicine


(a) Purpose and establishment

    In order to assist the advancement of medical and related sciences 
and to aid the dissemination and exchange of scientific and other 
information important to the progress of medicine and to the public 
health, there is established the National Library of Medicine (hereafter 
in this part referred to as the ``Library'').

(b) Functions

    The Secretary, through the Library and subject to subsection (d) of 
this section, shall--
        (1) acquire and preserve books, periodicals, prints, films, 
    recordings, and other library materials pertinent to medicine;
        (2) organize the materials specified in paragraph (1) by 
    appropriate cataloging, indexing, and bibliographical listings;
        (3) publish and disseminate the catalogs, indexes, and 
    bibliographies referred to in paragraph (2);
        (4) make available, through loans, photographic or other copying 
    procedures, or otherwise, such materials in the Library as the 
    Secretary determines appropriate;
        (5) provide reference and research assistance;
        (6) publicize the availability from the Library of the products 
    and services described in any of paragraphs (1) through (5);
        (7) promote the use of computers and telecommunications by 
    health professionals (including health professionals in rural areas) 
    for the purpose of improving access to biomedical information for 
    health care delivery and medical research; and
        (8) engage in such other activities as the Secretary determines 
    appropriate and as the Library's resources permit.

(c) Exchange, destruction, or disposal of materials not needed

    The Secretary may exchange, destroy, or otherwise dispose of any 
books, periodicals, films, and other library materials not needed for 
the permanent use of the Library.

(d) Availability of publications, materials, facilities, or services; 
        prescription of rules

    (1) The Secretary may, after obtaining the advice and 
recommendations of the Board of Regents, prescribe rules under which the 
Library will--
        (A) provide copies of its publications or materials,
        (B) will make available its facilities for research, or
        (C) will make available its bibliographic, reference, or other 
    services,

to public and private entities and individuals.
    (2) Rules prescribed under paragraph (1) may provide for making 
available such publications, materials, facilities, or services--
        (A) without charge as a public service,
        (B) upon a loan, exchange, or charge basis, or
        (C) in appropriate circumstances, under contract arrangements 
    made with a public or other nonprofit entity.

(e) Regional medical libraries; establishment

    Whenever the Secretary, with the advice of the Board of Regents, 
determines that--
        (1) in any geographic area of the United States there is no 
    regional medical library adequate to serve such area;
        (2) under criteria prescribed for the administration of section 
    286b-6 of this title, there is a need for a regional medical library 
    to serve such area; and
        (3) because there is no medical library located in such area 
    which, with financial assistance under section 286b-6 of this title, 
    can feasibly be developed into a regional medical library adequate 
    to serve such area,

the Secretary may establish, as a branch of the Library, a regional 
medical library to serve the needs of such area.

(f) Acceptance and administration of gifts; memorials

    Section 238 of this title shall be applicable to the acceptance and 
administration of gifts made for the benefit of the Library or for 
carrying out any of its functions, and the Board of Regents shall make 
recommendations to the Secretary relating to establishment within the 
Library of suitable memorials to the donors.

(g) ``Medicine'' and ``medical'' defined

    For purposes of this part, the terms ``medicine'' and ``medical'', 
except when used in section 286a of this title, include preventive and 
therapeutic medicine, dentistry, pharmacy, hospitalization, nursing, 
public health, and the fundamental sciences related thereto, and other 
related fields of study, research, or activity.

(July 1, 1944, ch. 373, title IV, Sec. 465, as added Pub. L. 99-158, 
Sec. 2, Nov. 20, 1985, 99 Stat. 857; amended Pub. L. 99-660, title III, 
Sec. 311(b)(1), Nov. 14, 1986, 100 Stat. 3779; Pub. L. 100-202, 
Sec. 101(h) [title II, Sec. 215], Dec. 22, 1987, 101 Stat. 1329-256, 
1329-275; Pub. L. 100-607, title II, Sec. 204(2), Nov. 4, 1988, 102 
Stat. 3079; Pub. L. 100-690, title II, Sec. 2620(b)(1), Nov. 18, 1988, 
102 Stat. 4244; Pub. L. 101-381, title I, Sec. 102(2), Aug. 18, 1990, 
104 Stat. 585; Pub. L. 103-43, title XIV, Sec. 1401(a), (c)(1), title 
XX, Sec. 2010(b)(3), June 10, 1993, 107 Stat. 170, 214.)


                               Amendments

    1993--Pub. L. 103-43, Sec. 1401(c)(1), repealed amendment by Pub. L. 
100-202. See 1987 Amendment note below.
    Subsec. (b)(6) to (8). Pub. L. 103-43, Sec. 1401(a), added pars. (6) 
and (7) and redesignated former par. (6) as (8).
    Subsec. (f). Pub. L. 103-43, Sec. 2010(b)(3), substituted ``Section 
238'' for ``Section 300aaa''.
    1990--Subsec. (f). Pub. L. 101-381 made technical amendment to 
reference to section 300aaa of this title to reflect renumbering of 
corresponding section of original act.
    1988--Subsec. (f). Pub. L. 100-690 made technical amendment to 
reference to section 300aaa of this title to reflect renumbering of 
corresponding section of original act.
    Pub. L. 100-607 substituted ``300aaa'' for ``300cc''.
    1987--Pub. L. 100-202, which directed the amendment of ``Section 
465(B) of 42 U.S.C. 286'' by inserting ``between (5) and (6) an 
additional charge to the Secretary to `publicize the availability of the 
above products and services of the National Library of Medicine' '', was 
repealed by Pub. L. 103-43, Sec. 1401(c)(1).
    1986--Subsec. (f). Pub. L. 99-660 substituted ``section 300cc of 
this title'' for ``section 300aa of this title''.


                    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.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-660 effective Dec. 22, 1987, see section 323 
of Pub. L. 99-660, as amended, set out as an Effective Date note under 
section 300aa-1 of this title.


                 Applicability of Certain New Authority

    Section 1401(c)(2) of Pub. L. 103-43 provided that: ``With respect 
to the authority established for the National Library of Medicine in 
section 465(b)(6) of the Public Health Service Act, as added by 
subsection (a) of this section [subsec. (b)(6) of this section], such 
authority shall be effective as if the authority had been established on 
December 22, 1987.''

                  Section Referred to in Other Sections

    This section is referred to in section 286c of this title.
