
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: 42USC300cc-3]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
  SUBCHAPTER XXI--RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY 
                                SYNDROME
 
               Part A--Administration of Research Programs
 
Sec. 300cc-3. Establishment of Research Advisory Committee


(a) In general

    After consultation with the Commissioner of Food and Drugs, the 
Secretary, acting through the Director of the National Institute of 
Allergy and Infectious Diseases, shall establish within such Institute 
an advisory committee to be known as the AIDS Research Advisory 
Committee (hereafter in this section referred to as the ``Committee'').

(b) Composition

    The Committee shall be composed of physicians whose clinical 
practice includes a significant number of patients with acquired immune 
deficiency syndrome.

(c) Duties

    The Committee shall--
        (1) advise the Director of such Institute (and may provide 
    advice to the Directors of other agencies of the National Institutes 
    of Health, as appropriate) on appropriate research activities to be 
    undertaken with respect to clinical treatment of such syndrome, 
    including advice with respect to--
            (A) research on drugs for preventing or minimizing the 
        development of symptoms or conditions arising from infection 
        with the etiologic agent for such syndrome, including 
        recommendations on the projects of research with respect to 
        diagnosing immune deficiency and with respect to predicting, 
        diagnosing, preventing, and treating opportunistic cancers and 
        infectious diseases; and
            (B) research on the effectiveness of treating such symptoms 
        or conditions with drugs that--
                (i) are not approved by the Commissioner of Food and 
            Drugs for the purpose of treating such symptoms or 
            conditions; and
                (ii) are being utilized for such purpose by individuals 
            infected with such etiologic agent;

        (2)(A) review ongoing publicly and privately supported research 
    on clinical treatment for acquired immune deficiency syndrome, 
    including research on drugs described in paragraph (1); and
        (B) periodically issue, and make available to health care 
    professionals, reports describing and evaluating such research;
        (3) conduct studies and convene meetings for the purpose of 
    determining the recommendations among physicians in clinical 
    practice on clinical treatment of acquired immune deficiency 
    syndrome, including treatment with the drugs described in paragraph 
    (1); and
        (4) conduct a study for the purpose of developing, with respect 
    to individuals infected with the etiologic agent for acquired immune 
    deficiency syndrome, a consensus among health care professionals on 
    clinical treatments for preventing or minimizing the development of 
    symptoms or conditions arising from infection with such etiologic 
    agent.

(July 1, 1944, ch. 373, title XXIII, Sec. 2304, as added Pub. L. 100-
607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3065; amended Pub. 
L. 100-690, title II, Sec. 2617(a), Nov. 18, 1988, 102 Stat. 4240; Pub. 
L. 103-43, title XVIII, Sec. 1811(1), title XX, Sec. 2008(d)(1), June 
10, 1993, 107 Stat. 199, 212.)


                            Prior Provisions

    A prior section 300cc-3, acts July 1, 1944, ch. 373, title XXIII, 
Sec. 2304, formerly title V, Sec. 504, 58 Stat. 710; June 25, 1948, ch. 
654, Sec. 6, 62 Stat. 1018; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. 
Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; renumbered title XXI, 
Sec. 2104, Apr. 26, 1983, Pub. L. 98-24, Sec. 2(a)(1), 97 Stat. 176; 
renumbered title XXIII, Sec. 2304, Nov. 14, 1986, Pub. L. 99-660, title 
III, Sec. 311(a), 100 Stat. 3755, related to care of Service patients at 
Saint Elizabeths Hospital, prior to repeal by Pub. L. 98-621, 
Sec. 10(s), Nov. 8, 1984, 98 Stat. 3381, effective Oct. 1, 1987. 
Subsequent to repeal, section 2104 of title XXI of act July 1, 1944, was 
renumbered section 2304 of title XXIII of that act by section 311(a) of 
Pub. L. 99-660.
    A prior section 300cc-4, acts July 1, 1944, ch. 373, title XXI, 
Sec. 2105, formerly title V, Sec. 505, 58 Stat. 710; 1953 Reorg. Plan 
No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; 
renumbered title XXI, Sec. 2105, Apr. 26, 1983, Pub. L. 98-24, 
Sec. 2(a)(1), 97 Stat. 176, provided procedures under which the 
Secretary could settle claims for damages from collisions or incident to 
the operation of vessels within a year of the accrual of such claims and 
not to exceed $3,000, prior to repeal by Pub. L. 99-117, Sec. 12(f), 
Oct. 7, 1985, 99 Stat. 495. Subsequent to repeal, section 2105 of title 
XXI of act July 1, 1944, was renumbered section 2305 of title XXIII of 
that act by Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 
Stat. 3755.
    Prior sections 300cc-5 to 300cc-10, act July 1, 1944, Secs. 2306 to 
2311, respectively, were successively renumbered by subsequent acts and 
transferred, see sections 238c to 238h of this title.


                               Amendments

    1993--Pub. L. 103-43, Sec. 2008(d)(1)(A), substituted ``Research 
Advisory Committee'' for ``Clinical Research Review Committee'' in 
section catchline.
    Subsec. (a). Pub. L. 103-43, Sec. 2008(d)(1)(B), substituted ``AIDS 
Research Advisory Committee'' for ``AIDS Clinical Research Review 
Committee''.
    Subsec. (c)(1). Pub. L. 103-43, Sec. 1811(1), in introductory 
provisions inserted ``(and may provide advice to the Directors of other 
agencies of the National Institutes of Health, as appropriate)'' after 
``Director of such Institute'' and in subpar. (A) inserted before 
semicolon at end ``, including recommendations on the projects of 
research with respect to diagnosing immune deficiency and with respect 
to predicting, diagnosing, preventing, and treating opportunistic 
cancers and infectious diseases''.
    1988--Subsec. (c)(2)(B). Pub. L. 100-690 substituted semicolon for 
period.


                    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.


                   Termination of Advisory Committees

    Advisory committees established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a committee established by 
the President or an officer of the Federal Government, such committee is 
renewed by appropriate action prior to the expiration of such 2-year 
period, or in the case of a committee established by the Congress, its 
duration is otherwise provided by law. See section 14 of Pub. L. 92-463, 
Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, 
Government Organization and Employees.
    Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a 
note under section 217a of this title, provided that an advisory 
committee established pursuant to the Public Health Service Act shall 
terminate at such time as may be specifically prescribed by an Act of 
Congress enacted after Jan. 4, 1975.

                  Section Referred to in Other Sections

    This section is referred to in sections 300cc-12, 300cc-14, 300cc-
17, 300cc-18 of this title.
