
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 13]
[CITE: 42USC290b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
 
        Part I--Foundation for the National Institutes of Health
 
Sec. 290b. Establishment and duties of Foundation


(a) In general

    The Secretary shall, acting through the Director of NIH, establish a 
nonprofit corporation to be known as the Foundation for the National 
Institutes of Health (hereafter in this section referred to as the 
``Foundation''). The Foundation shall not be an agency or 
instrumentality of the United States Government.

(b) Purpose of Foundation

    The purpose of the Foundation shall be to support the National 
Institutes of Health in its mission, and to advance collaboration with 
biomedical researchers from universities, industry, and nonprofit 
organizations.

(c) Certain activities of Foundation

                           (1) In general

        In carrying out subsection (b) of this section, the Foundation 
    may solicit and accept gifts, grants, and other donations, establish 
    accounts, and invest and expend funds in support of the following 
    activities with respect to the purpose described in such subsection:
            (A) A program to provide and administer endowed positions 
        that are associated with the research program of the National 
        Institutes of Health. Such endowments may be expended for the 
        compensation of individuals holding the positions, for staff, 
        equipment, quarters, travel, and other expenditures that are 
        appropriate in supporting the endowed positions.
            (B) A program to provide and administer fellowships and 
        grants to research personnel in order to work and study in 
        association with the National Institutes of Health. Such 
        fellowships and grants may include stipends, travel, health 
        insurance benefits and other appropriate expenses. The 
        recipients of fellowships shall be selected by the donors and 
        the Foundation upon the recommendation of the National 
        Institutes of Health employees in the laboratory where the 
        fellow would serve, and shall be subject to the agreement of the 
        Director of the National Institutes of Health and the Executive 
        Director of the Foundation.
            (C) Supplementary programs to provide for--
                (i) scientists of other countries to serve in research 
            capacities in the United States in association with the 
            National Institutes of Health or elsewhere, or opportunities 
            for employees of the National Institutes of Health or other 
            public health officials in the United States to serve in 
            such capacities in other countries, or both;
                (ii) the conduct and support of studies, projects, and 
            research, which may include stipends, travel and other 
            support for personnel in collaboration with national and 
            international non-profit and for-profit organizations;
                (iii) the conduct and support of forums, meetings, 
            conferences, courses, and training workshops that may 
            include undergraduate, graduate, post-graduate, and post-
            doctoral accredited courses and the maintenance of 
            accreditation of such courses by the Foundation at the State 
            and national level for college or continuing education 
            credits or for degrees;
                (iv) programs to support and encourage teachers and 
            students of science at all levels of education and programs 
            for the general public which promote the understanding of 
            science;
                (v) programs for writing, editing, printing, publishing, 
            and vending of books and other materials; and
                (vi) the conduct of other activities to carry out and 
            support the purpose described in subsection (b) of this 
            section.

                              (2) Fees

        The Foundation may assess fees for the provision of 
    professional, administrative and management services by the 
    Foundation in amounts determined reasonable and appropriate by the 
    Executive Director.

                     (3) Authority of Foundation

        The Foundation shall be the sole entity responsible for carrying 
    out the activities described in this subsection.

(d) Board of Directors

                           (1) Composition

        (A) The Foundation shall have a Board of Directors (hereafter 
    referred to in this section as the ``Board''), which shall be 
    composed of ex officio and appointed members in accordance with this 
    subsection. All appointed members of the Board shall be voting 
    members.
        (B) The ex officio members of the Board shall be--
            (i) the Chairman and ranking minority member of the 
        Subcommittee on Health and the Environment (Committee on Energy 
        and Commerce) or their designees, in the case of the House of 
        Representatives;
            (ii) the Chairman and ranking minority member of the 
        Committee on Labor and Human Resources or their designees, in 
        the case of the Senate; and
            (iii) the Director of the National Institutes of Health.

        (C) The ex officio members of the Board under subparagraph (B) 
    shall appoint to the Board 11 individuals from among a list of 
    candidates to be provided by the National Academy of Science. Of 
    such appointed members--
            (i) 4 shall be representative of the general biomedical 
        field;
            (ii) 2 shall be representatives of the general biobehavorial 
        field; and
            (iii) 5 shall be representatives of the general public.

        (D)(i) Not later than 30 days after June 10, 1993, the Director 
    of the National Institutes of Health shall convene a meeting of the 
    ex officio members of the Board to--
            (I) incorporate the Foundation and establish the general 
        policies of the Foundation for carrying out the purposes of 
        subsection (b) of this section, including the establishment of 
        the bylaws of the Foundation; and
            (II) appoint the members of the Board in accordance with 
        subparagraph (C).

        (ii) Upon the appointment of the members of the Board under 
    clause (i)(II), the terms of service of the ex officio members of 
    the Board as members of the Board shall terminate.
        (E) The agreement of not less than three-fifths of the members 
    of the ex officio members of the Board shall be required for the 
    appointment of each member to the initial Board.
        (F) No employee of the National Institutes of Health shall be 
    appointed as a member of the Board.
        (G) The Board may, through amendments to the bylaws of the 
    Foundation, provide that the number of members of the Board shall be 
    greater than the number specified in subparagraph (C).

                              (2) Chair

        (A) The ex officio members of the Board under paragraph (1)(B) 
    shall designate an individual to serve as the initial Chair of the 
    Board.
        (B) Upon the termination of the term of service of the initial 
    Chair of the Board, the appointed members of the Board shall elect a 
    member of the Board to serve as the Chair of the Board.

                       (3) Terms and vacancies

        (A) The term of office of each member of the Board appointed 
    under paragraph (1)(C) shall be 5 years, except that the terms of 
    offices for the initial appointed members of the Board shall expire 
    as determined by the ex officio members and the Chair.
        (B) Any vacancy in the membership of the Board shall be filled 
    in the manner in which the original position was made and shall not 
    affect the power of the remaining members to execute the duties of 
    the Board.
        (C) If a member of the Board does not serve the full term 
    applicable under subparagraph (A), the individual appointed to fill 
    the resulting vacancy shall be appointed for the remainder of the 
    term of the predecessor of the individual.
        (D) A member of the Board may continue to serve after the 
    expiration of the term of the member until a successor is appointed.

                          (4) Compensation

        Members of the Board may not receive compensation for service on 
    the Board. Such members may be reimbursed for travel, subsistence, 
    and other necessary expenses incurred in carrying out the duties of 
    the Board, as set forth in the bylaws issued by the Board.

                       (5) Meetings and quorum

        A majority of the members of the Board shall constitute a quorum 
    for purposes of conducting the business of the Board.

                         (6) Certain bylaws

        (A) In establishing bylaws under this subsection, the Board 
    shall ensure that the following are provided for:
            (i) Policies for the selection of the officers, employees, 
        agents, and contractors of the Foundation.
            (ii) Policies, including ethical standards, for the 
        acceptance, solicitation, and disposition of donations and 
        grants to the Foundation and for the disposition of the assets 
        of the Foundation. Policies with respect to ethical standards 
        shall ensure that officers, employees and agents of the 
        Foundation (including members of the Board) avoid encumbrances 
        that would result in a conflict of interest, including a 
        financial conflict of interest or a divided allegiance. Such 
        policies shall include requirements for the provision of 
        information concerning any ownership or controlling interest in 
        entities related to the activities of the Foundation by such 
        officers, employees and agents and their spouses and relatives.
            (iii) Policies for the conduct of the general operations of 
        the Foundation.
            (iv) Policies for writing, editing, printing, publishing, 
        and vending of books and other materials.

        (B) In establishing bylaws under this subsection, the Board 
    shall ensure that such bylaws (and activities carried out under the 
    bylaws) do not--
            (i) reflect unfavorably upon the ability of the Foundation 
        or the National Institutes of Health to carry out its 
        responsibilities or official duties in a fair and objective 
        manner; or
            (ii) compromise, or appear to compromise, the integrity of 
        any governmental agency or program, or any officer or employee 
        involved in such program.

(e) Redesignated (g)

(f) Incorporation

    The initial members of the Board shall serve as incorporators and 
shall take whatever actions necessary to incorporate the Foundation.

(g) Nonprofit status

    The Foundation shall be considered to be a corporation under section 
501(c) of title 26, and shall be subject to the provisions of such 
section.

(h) Executive Director

                           (1) In general

        The Foundation shall have an Executive Director who shall be 
    appointed by the Board and shall serve at the pleasure of the Board. 
    The Executive Director shall be responsible for the day-to-day 
    operations of the Foundation and shall have such specific duties and 
    responsibilities as the Board shall prescribe.

                          (2) Compensation

        The rate of compensation of the Executive Director shall be 
    fixed by the Board.

(i) Powers

    In carrying out subsection (b) of this section, the Foundation may--
        (1) operate under the direction of its Board;
        (2) adopt, alter, and use a corporate seal, which shall be 
    judicially noticed;
        (3) provide for 1 or more officers, employees, and agents, as 
    may be necessary, define their duties, and require surety bonds or 
    make other provisions against losses occasioned by acts of such 
    persons;
        (4) hire, promote, compensate, and discharge officers and 
    employees of the Foundation, and define the duties of the officers 
    and employees;
        (5) with the consent of any executive department or independent 
    agency, use the information, services, staff, and facilities of such 
    in carrying out this section;
        (6) sue and be sued in its corporate name, and complain and 
    defend in courts of competent jurisdiction;
        (7) modify or consent to the modification of any contract or 
    agreement to which it is a party or in which it has an interest 
    under this part;
        (8) establish a process for the selection of candidates for 
    positions under subsection (c) of this section;
        (9) enter into contracts with public and private organizations 
    for the writing, editing, printing, and publishing of books and 
    other material;
        (10) take such action as may be necessary to obtain patents and 
    licenses for devices and procedures developed by the Foundation and 
    its employees;
        (11) solicit \1\ accept, hold, administer, invest, and spend any 
    gift, devise, or bequest of real or personal property made to the 
    Foundation;
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    \1\ So in original. Probably should be followed by a comma.
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        (12) enter into such other contracts, leases, cooperative 
    agreements, and other transactions as the Executive Director 
    considers appropriate to conduct the activities of the Foundation;
        (13) appoint other groups of advisors as may be determined 
    necessary from time to time to carry out the functions of the 
    Foundation;
        (14) enter into such other contracts, leases, cooperative 
    agreements, and other transactions as the Executive Director 
    considers appropriate to conduct the activities of the Foundation; 
    and
        (15) exercise other powers as set forth in this section, and 
    such other incidental powers as are necessary to carry out its 
    powers, duties, and functions in accordance with this part.

(j) Administrative control

    No participant in the program established under this part shall 
exercise any administrative control over any Federal employee.

(k) General provisions

                      (1) Foundation integrity

        The members of the Board shall be accountable for the integrity 
    of the operations of the Foundation and shall ensure such integrity 
    through the development and enforcement of criteria and procedures 
    relating to standards of conduct (including those developed under 
    subsection (d)(2)(B)(i)(II)),\2\ financial disclosure statements, 
    conflict of interest rules, recusal and waiver rules, audits and 
    other matter determined appropriate by the Board.
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    \2\ So in original. Probably should be subsection ``(d)(6)(A)''.
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                 (2) Financial conflicts of interest

        Any individual who is an officer, employee, or member of the 
    Board of the Foundation may not (in accordance with policies and 
    requirements developed under subsection (d)(2)(B)(i)(II)) \2\ 
    personally or substantially participate in the consideration or 
    determination by the Foundation of any matter that would directly or 
    predictably affect any financial interest of the individual or a 
    relative (as such term is defined in section 109(16) of the Ethics 
    in Government Act of 1978) of the individual, of any business 
    organization or other entity, or of which the individual is an 
    officer or employee, or is negotiating for employment, or in which 
    the individual has any other financial interest.

                 (3) Audits; availability of records

        The Foundation shall--
            (A) provide for annual audits of the financial condition of 
        the Foundation; and
            (B) make such audits, and all other records, documents, and 
        other papers of the Foundation, available to the Secretary and 
        the Comptroller General of the United States for examination or 
        audit.

                             (4) Reports

        (A) Not later than 5 months following the end of each fiscal 
    year, the Foundation shall publish a report describing the 
    activities of the Foundation during the preceding fiscal year. Each 
    such report shall include for the fiscal year involved a 
    comprehensive statement of the operations, activities, financial 
    condition, and accomplishments of the Foundation.
        (B) With respect to the financial condition of the Foundation, 
    each report under subparagraph (A) shall include the source, and a 
    description of, all gifts or grants to the Foundation of real or 
    personal property, and the source and amount of all gifts or grants 
    to the Foundation of money. Each such report shall include a 
    specification of any restrictions on the purposes for which gifts or 
    grants to the Foundation may be used.
        (C) The Foundation shall make copies of each report submitted 
    under subparagraph (A) available for public inspection, and shall 
    upon request provide a copy of the report to any individual for a 
    charge not exceeding the cost of providing the copy.
        (D) The Board shall annually hold a public meeting to summarize 
    the activities of the Foundation and distribute written reports 
    concerning such activities and the scientific results derived from 
    such activities.

                  (5) Service of Federal employees

        Federal employees may serve on committees advisory to the 
    Foundation and otherwise cooperate with and assist the Foundation in 
    carrying out its function, so long as the employees do not direct or 
    control Foundation activities.

               (6) Relationship with existing entities

        The Foundation may, pursuant to appropriate agreements, merge 
    with, acquire, or use the resources of existing nonprofit private 
    corporations with missions similar to the purposes of the 
    Foundation, such as the Foundation for Advanced Education in the 
    Sciences.

                  (7) Intellectual property rights

        The Board shall adopt written standards with respect to the 
    ownership of any intellectual property rights derived from the 
    collaborative efforts of the Foundation prior to the commencement of 
    such efforts.

        (8) National Institutes of Health Amendments of 1990

        The activities conducted in support of the National Institutes 
    of Health Amendments of 1990 (Public Law 101-613), and the 
    amendments made by such Act, shall not be nullified by the enactment 
    of this section.\3\
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    \3\ So in original. Probably should be ``subsection''.
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                    (9) Limitation of activities

        The Foundation shall exist solely as an entity to work in 
    collaboration with the research programs of the National Institutes 
    of Health. The Foundation may not undertake activities (such as the 
    operation of independent laboratories or competing for Federal 
    research funds) that are independent of those of the National 
    Institutes of Health research programs.

                       (10) Transfer of funds

        The Foundation may transfer funds to the National Institutes of 
    Health. Any funds transferred under this paragraph shall be subject 
    to all Federal limitations relating to federally-funded research.

(l) Duties of Director

       (1) Applicability of certain standards to non-Federal 
                                  employees

        In the case of any individual who is not an employee of the 
    Federal Government and who serves in association with the National 
    Institutes of Health, with respect to financial assistance received 
    from the Foundation, the Foundation may not provide the assistance 
    of, or otherwise permit the work at the National Institutes of 
    Health to begin until a memorandum of understanding between the 
    individual and the Director of the National Institutes of Health, or 
    the designee of such Director, has been executed specifying that the 
    individual shall be subject to such ethical and procedural standards 
    of conduct relating to duties performed at the National Institutes 
    of Health, as the Director of the National Institutes of Health 
    determines is appropriate.

                        (2) Support services

        The Director of the National Institutes of Health may provide 
    facilities, utilities and support services to the Foundation if it 
    is determined by the Director to be advantageous to the research 
    programs of the National Institutes of Health.

(m) Funding

                 (1) Authorization of appropriations

        For the purpose of carrying out this part, there is authorized 
    to be appropriated an aggregate $500,000 for each fiscal year.

                (2) Limitation regarding other funds

        Amounts appropriated under any provision of law other than 
    paragraph (1) may not be expended to establish or operate the 
    Foundation.

(July 1, 1944, ch. 373, title IV, Sec. 499, formerly Sec. 499A, as added 
Pub. L. 101-613, Sec. 2, Nov. 16, 1990, 104 Stat. 3224; amended Pub. L. 
102-170, title II, Sec. 216, Nov. 26, 1991, 105 Stat. 1128; Pub. L. 102-
321, title I, Sec. 163(b)(6), July 10, 1992, 106 Stat. 376; renumbered 
Sec. 499 and amended Pub. L. 103-43, title I, Sec. 121(b)(3), title 
XVII, Sec. 1701, June 10, 1993, 107 Stat. 133, 186; Pub. L. 104-316, 
title I, Sec. 122(b), Oct. 19, 1996, 110 Stat. 3836; Pub. L. 105-392, 
title IV, Sec. 418(2), Nov. 13, 1998, 112 Stat. 3591.)

                       References in Text

    Section 109(16) of the Ethics in Government Act of 1978, referred to 
in subsec. (k)(2), is section 109(16) of Pub. L. 95-521, which is set 
out in the Appendix to Title 5, Government Organization and Employees.
    The National Institutes of Health Amendments of 1990, referred to in 
subsec. (k)(8), is Pub. L. 101-613, Nov. 16, 1990, 104 Stat. 3224, as 
amended, which enacted this section, section 285g-4 of this title, and 
provisions set out as notes under section 201 and 285g-4 of this title. 
For complete classification of this Act to the Code, see Short Title of 
1990 Amendments note set out under section 201 of this title and Tables.


                            Prior Provisions

    A prior section 499 of act July 1, 1944, was classified to section 
289h of this title prior to repeal by Pub. L. 103-43.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-392, Sec. 418(2)(A), substituted 
``Foundation for the National Institutes of Health'' for ``National 
Foundation for Biomedical Research''.
    Subsec. (k)(10). Pub. L. 105-392, Sec. 418(2)(B), struck out ``not'' 
after ``may'' and inserted at end ``Any funds transferred under this 
paragraph shall be subject to all Federal limitations relating to 
federally-funded research.''
    Subsec. (m)(1). Pub. L. 105-392, Sec. 418(2)(C), substituted 
``$500,000 for each fiscal year'' for ``$200,000 for the fiscal years 
1994 and 1995''.
    1996--Subsec. (n). Pub. L. 104-316 struck out subsec. (n) which 
required Comptroller General to conduct audit and prepare report to 
Congress on adequacy of compliance of the Foundation with guidelines 
established under this section.
    1993--Subsec. (a). Pub. L. 103-43, Sec. 1701(1), inserted ``, acting 
through the Director of NIH,'' after ``Secretary shall'' and struck out 
``, except for the purposes of the Ethics in Government Act and the 
Technology Transfer Act,'' after ``shall not''.
    Subsec. (b). Pub. L. 103-43, Sec. 1701(3), added subsec. (b) and 
struck out heading and text of former subsec. (b). Text related to 
duties of Foundation.
    Subsec. (c). Pub. L. 103-43, Sec. 1701(3), added subsec. (c). Former 
subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 103-43, Sec. 1701(2), redesignated subsec. (c) 
as (d). Former subsec. (d) redesignated (f).
    Subsec. (d)(1). Pub. L. 103-43, Sec. 1701(4)(A), substituted 
``appointed members of the Board'' for ``members of the Foundation'' in 
subpar. (A), ``Board'' for ``Council'' in subpar. (B), and ``appoint to 
the Board'' for ``appoint to the Council'' in subpar. (C), and added 
subpars. (D) to (G).
    Subsec. (d)(2). Pub. L. 103-43, Sec. 1701(4)(B), designated existing 
provisions as subpar. (A), substituted ``an individual to serve as the 
initial Chair'' for ``an appointed member of the Board to serve as the 
Chair'', and added subpar. (B).
    Subsec. (d)(3)(A). Pub. L. 103-43, Sec. 1701(4)(C), substituted 
``(1)(C)'' for ``(2)(C)''.
    Subsec. (d)(5), (6). Pub. L. 103-43, Sec. 1701(4)(D), added pars. 
(5) and (6).
    Subsec. (e). Pub. L. 103-43, Sec. 1701(2), redesignated subsec. (e) 
as (g).
    Subsecs. (f) to (h). Pub. L. 103-43, Sec. 1701(2), redesignated 
subsecs. (d) to (f) as (f) to (h), respectively. Former subsecs. (g) and 
(h) redesignated (i) and (j), respectively.
    Subsec. (i). Pub. L. 103-43, Sec. 1701(2), redesignated subsec. (g) 
as (i). Former subsec. (i) redesignated (m).
    Subsec. (i)(4). Pub. L. 103-43, Sec. 1701(5)(A), inserted before 
period at end ``, and define the duties of the officers and employees''.
    Subsec. (i)(5), (6). Pub. L. 103-43, Sec. 1701(5)(B), (C), 
redesignated par. (6) as (5) and struck out former par. (5) which read 
as follows: ``prescribe by its Board its bylaws, that shall be 
consistent with law, and that shall provide for the manner in which--
        ``(A) its officers, employees, and agents are selected;
        ``(B) its property is acquired, held, and transferred;
        ``(C) its general operations are to be conducted; and
        ``(D) the privileges granted by law are exercised and 
    enjoyed;''.
    Subsec. (i)(7). Pub. L. 103-43, Sec. 1701(5)(C), (D), redesignated 
par. (8) as (7) and substituted ``part'' for ``subtitle''. Former par. 
(7) redesignated (6).
    Subsec. (i)(8). Pub. L. 103-43, Sec. 1701(5)(C), (E), redesignated 
par. (9) as (8) and substituted ``establish a process for the selection 
of candidates for positions under subsection (c) of this section'' for 
``establish a mechanism for the selection of candidates, subject to the 
approval of the Director of the National Institutes of Health, for the 
endowed scientific positions within the organizational structure of the 
intramural research programs of the National Institutes of Health and 
candidates for participation in the National Institutes of Health 
Scholars program''.
    Subsec. (i)(9), (10). Pub. L. 103-43, Sec. 1701(5)(C), redesignated 
pars. (10) and (11) as (9) and (10), respectively. Former par. (9) 
redesignated (8).
    Subsec. (i)(11). Pub. L. 103-43, Sec. 1701(5)(C), (F), redesignated 
par. (12) as (11) and inserted ``solicit'' before ``accept''. Former 
par. (11) redesignated (10).
    Subsec. (i)(12), (13). Pub. L. 103-43, Sec. 1701(5)(C), redesignated 
pars. (13) and (14) as (12) and (13), respectively. Former par. (12) 
redesignated (11).
    Subsec. (i)(14). Pub. L. 103-43, Sec. 1701(5)(G), (H), added par. 
(14). Former par. (14) redesignated (13).
    Subsec. (i)(15). Pub. L. 103-43, Sec. 1701(5)(I), substituted 
``part'' for ``subtitle''.
    Subsec. (j). Pub. L. 103-43, Sec. 1701(2), redesignated subsec. (h) 
as (j).
    Subsecs. (k), (l). Pub. L. 103-43, Sec. 1701(6), added subsecs. (k) 
and (l).
    Subsec. (m). Pub. L. 103-43, Sec. 1701(7), amended heading and text 
of subsec. (m) generally. Prior to amendment, text read as follows:
    ``(1) Authorization of appropriations.--Subject to paragraph (2), 
for the purpose of carrying out this part, there are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
1991 through 1995.
    ``(2) Limitations.--
        ``(A) Amounts appropriated under paragraph (1) or made available 
    under subparagraph (C) may not be provided to the fund established 
    under subsection (b)(1)(A) of this section.
        ``(B) For the first fiscal year for which amounts are 
    appropriated under paragraph (1), $200,000 is authorized to be 
    appropriated.
        ``(C) With respect to the first fiscal year for which amounts 
    are appropriated under paragraph (1), the Secretary may, from 
    amounts appropriated for such fiscal year for the programs of the 
    Department of Health and Human Services, make available not more 
    than $200,000 for carrying out this part, subject to subparagraph 
    (A).''
    Pub. L. 103-43, Sec. 1701(2), redesignated subsec. (i) as (m).
    Subsec. (n). Pub. L. 103-43, Sec. 1701(8), added subsec. (n).
    1992--Subsec. (g)(9). Pub. L. 102-321 struck out ``or the 
Administrator of the Alcohol, Drug Abuse, and Mental Health 
Administration'' after ``Director of the National Institutes of Health'' 
and ``and the Alcohol, Drug Abuse, and Mental Health Administration'' 
after ``research programs of the National Institutes of Health''.
    1991--Subsec. (c)(1)(C). Pub. L. 102-170, Sec. 216(1), substituted 
``11'' for ``9''.
    Subsec. (c)(1)(C)(iii). Pub. L. 102-170, Sec. 216(2), substituted 
``5'' for ``3''.

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with provision 
for programs providing financial assistance, see section 801(c), (d) of 
Pub. L. 102-321, set out as a note under section 236 of this title.
