42 USC 282 - Director of National Institutes of Health

U.S Code last checked for updates: Nov 22, 2024

§ 282.

Director of National Institutes of Health

(a)

Appointment

(b)

Duties and authority

In carrying out the purposes of section 241 of this title, the Secretary, acting through the Director of NIH—

(1)

shall carry out this subchapter, including being responsible for the overall direction of the National Institutes of Health and for the establishment and implementation of general policies respecting the management and operation of programs and activities within the National Institutes of Health;

(2)

shall coordinate and oversee the operation of the national research institutes, national centers, and administrative entities within the National Institutes of Health;

(3)

shall, in consultation with the heads of the national research institutes and national centers, be responsible for program coordination across the national research institutes and national centers, including conducting priority-setting reviews, to ensure that the research portfolio of the National Institutes of Health is balanced and free of unnecessary duplication, and takes advantage of collaborative, cross-cutting research;

(4)

shall assemble accurate data to be used to assess research priorities, including—

(A)

information to better evaluate scientific opportunity, public health burdens, and progress in reducing health disparities; and

(B)

data on study populations of clinical research, funded by or conducted at each national research institute and national center, which—

(i)

specifies the inclusion of—

(I)

women;

(II)

members of minority groups;

(III)

relevant age categories, including pediatric subgroups; and

(IV)

other demographic variables as the Director of the National Institutes of Health determines appropriate;

(ii)

is disaggregated by research area, condition, and disease categories; and

(iii)

is to be made publicly available on the Internet website of the National Institutes of Health;

(5)

shall ensure that scientifically based strategic planning is implemented in support of research priorities as determined by the agencies of the National Institutes of Health, and through the development, implementation, and updating of the strategic plan developed under subsection (m);

(6)

shall ensure that the resources of the National Institutes of Health are sufficiently allocated for research projects identified in strategic plans;

(7)

(A)

shall, through the Division of Program Coordination, Planning, and Strategic Initiatives—

(i)

identify research that represents important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between 2 or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning;

(ii)

include information on such research in reports under section 283 of this title; and

(iii)

in the case of such research supported with funds referred to in subparagraph (B)—

(I)

require as appropriate that proposals include milestones and goals for the research;

(II)

require that the proposals include timeframes for funding of the research; and

(III)

ensure appropriate consideration of proposals for which the principal investigator is an individual who has not previously served as the principal investigator of research conducted or supported by the National Institutes of Health;

(B)

(i)

may, with respect to funds reserved under section 282a(c)(1) of this title for the Common Fund, allocate such funds to the national research institutes and national centers for conducting and supporting research that is identified under subparagraph (A); and

(ii)

shall, with respect to funds appropriated to the Common Fund pursuant to section 282a(a)(2) of this title, allocate such funds to the national research institutes and national centers for making grants for pediatric research that is identified under subparagraph (A); and

(C)

may assign additional functions to the Division in support of responsibilities identified in subparagraph (A), as determined appropriate by the Director;

(8)

shall, in coordination with the heads of the national research institutes and national centers, ensure that such institutes and centers—

(A)

preserve an emphasis on investigator-initiated research project grants, including with respect to research involving collaboration between 2 or more such institutes or centers;

(B)

when appropriate, maximize investigator-initiated research project grants in their annual research portfolios;

(C)

foster collaboration between clinical research projects funded by the respective national research institutes and national centers that—

(i)

conduct research involving human subjects; and

(ii)

collect similar data; and

(D)

encourage the collaboration described in subparagraph (C) to—

(i)

allow for an increase in the number of subjects studied; and

(ii)

utilize diverse study populations, with special consideration to biological, social, and other determinants of health that contribute to health disparities;

(9)

shall ensure that research conducted or supported by the National Institutes of Health is subject to review in accordance with section 289a of this title and that, after such review, the research is reviewed in accordance with section 289a–1(a)(2) of this title by the appropriate advisory council under section 284a of this title before the research proposals are approved for funding;

(10)

shall have authority to review and approve the establishment of all centers of excellence recommended by the national research institutes;

(11)

(A)

shall oversee research training for all of the national research institutes and National Research Service Awards in accordance with section 288 of this title; and

(B)

may conduct and support research training—

(i)

for which fellowship support is not provided under section 288 of this title; and

(ii)

that does not consist of residency training of physicians or other health professionals;

(12)

may, from funds appropriated under section 282a(b) of this title, reserve funds to provide for research on matters that have not received significant funding relative to other matters, to respond to new issues and scientific emergencies, and to act on research opportunities of high priority;

(13)

may, subject to appropriations Acts, collect and retain registration fees obtained from third parties to defray expenses for scientific, educational, and research-related conferences;

(14)

for the national research institutes and administrative entities within the National Institutes of Health—

(A)

may acquire, construct, improve, repair, operate, and maintain, at the site of such institutes and entities, laboratories, and other research facilities, other facilities, equipment, and other real or personal property, and

(B)

may acquire, without regard to section 8141 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 use for a period not to exceed ten years;

(15)

may secure resources for research conducted by or through the National Institutes of Health;

(16)

may, without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, establish such technical and scientific peer review groups and scientific program advisory committees as are needed to carry out the requirements of this subchapter and appoint and pay the members of such groups, except that officers and employees of the United States shall not receive additional compensation for service as members of such groups;

(17)

may secure for the National Institutes of Health consultation services and advice of persons from the United States or abroad;

(18)

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;

(19)

may, for purposes of study, admit and treat at facilities of the National Institutes of Health individuals not otherwise eligible for such treatment;

(20)

may accept voluntary and uncompensated services;

(21)

may perform such other administrative functions as the Secretary determines are needed to effectively carry out this subchapter;

(22)

may appoint physicians, dentists, and other health care professionals, subject to the provisions of title 5 relating to appointments and classifications in the competitive service, and may compensate such professionals subject to the provisions of chapter 74 of title 38;

(23)

shall designate a contact point or office to help innovators and physicians identify sources of funding available for pediatric medical device development;

(24)

implement the Cures Acceleration Network described in section 287a of this title;

(25)

may require recipients of National Institutes of Health awards to share scientific data, to the extent feasible, generated from such National Institutes of Health awards in a manner that is consistent with all applicable Federal laws and regulations, including such laws and regulations for the protection of—

(A)

human research participants, including with respect to privacy, security, informed consent, and protected health information; and

(B)

proprietary interests, confidential commercial information, and the intellectual property rights of the funding recipient;

(26)

shall consult with the Assistant Secretary for Preparedness and Response, the Director of the Biomedical Advanced Research and Development Authority, the Director of the Centers for Disease Control and Prevention, and the heads of other Federal agencies and offices, as appropriate, regarding research needs to advance medical countermeasures to diagnose, mitigate, prevent, or treat harm from any biological agent or toxin, including emerging infectious diseases, chemical, radiological, or nuclear agent that may cause a public health emergency or other research needs related to emerging public health threats;

(27)

shall consult with the Director of the Office of National Security within the Department of Health and Human Services, the Assistant Secretary for Preparedness and Response, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the heads of other appropriate agencies on a regular basis, regarding biomedical research conducted or supported by the National Institutes of Health that may affect or be affected by matters of national security;

(28)

shall ensure that recipients of awards from the National Institutes of Health, and, as appropriate and practicable, entities collaborating with such recipients, have in place and are adhering to appropriate technology practices and policies for the security of identifiable, sensitive information, including information collected, stored, managed, or analyzed by domestic and non-domestic entities; and

(29)

shall ensure that recipients of awards from the National Institutes of Health are in compliance with the terms and conditions of such award, which may include activities to support awareness of, and compliance with, such terms and conditions by any subrecipients of the award.

Chapter 10 of title 5 shall not apply to the duration of a peer review group appointed under paragraph (16). The members of such a group shall be individuals who by virtue of their training or experience are eminently qualified to perform the review functions of such group. Not more than one-fourth of the members of any such group shall be officers or employees of the United States.

(c)

Availability of substances and organisms for research

(d)

Services of experts or consultants; number; payment of expenses, conditions, recovery

(1)

The Director of NIH may obtain (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 220 experts or consultants, with scientific or other professional qualifications, for the National Institutes of Health.

(2)

(A)

Except as provided in subparagraph (B), experts and consultants whose services are obtained under paragraph (1) 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.

(B)

Expenses specified in subparagraph (A) shall not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (1) 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 Secretary. 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 this subparagraph.

(e)

Dissemination of research information

The Director of NIH shall—

(1)

advise the agencies of the National Institutes of Health on medical applications of research;

(2)

coordinate, review, and facilitate the systematic identification and evaluation of, clinically relevant information from research conducted by or through the national research institutes;

(3)

promote the effective transfer of the information described in paragraph (2) to the health care community and to entities that require such information;

(4)

monitor the effectiveness of the activities described in paragraph (3); and

(5)

ensure that, after January 1, 1994, all new or revised health education and promotion materials developed or funded by the National Institutes of Health and intended for the general public are in a form that does not exceed a level of functional literacy, as defined in the National Literacy Act of 1991 (Public Law 102–73).

(f)

Associate Director for Prevention; functions

There shall be in the National Institutes of Health an Associate Director for Prevention. The Director of NIH shall delegate to the Associate Director for Prevention the functions of the Director relating to the promotion of the disease prevention research programs of the national research institutes and the coordination of such programs among the national research institutes and between the national research institutes and other public and private entities, including elementary, secondary, and post-secondary schools. The Associate Director shall—

(1)

annually review the efficacy of existing policies and techniques used by the national research institutes to disseminate the results of disease prevention and behavioral research programs; and

(2)

recommend, coordinate, and oversee the modification or reconstruction of such policies and techniques to ensure maximum dissemination, using advanced technologies to the maximum extent practicable, of research results to such entities.

(g)

Transferred

(h)

Increased participation of women and disadvantaged individuals in biomedical and behavioral research

(i)

Data bank of information on clinical trials for drugs for serious or life-threatening diseases and conditions

(1)

(A)

The Secretary, acting through the Director of NIH, shall establish, maintain, and operate a data bank of information on clinical trials for drugs for serious or life-threatening diseases and conditions (in this subsection referred to as the “data bank”). The activities of the data bank shall be integrated and coordinated with related activities of other agencies of the Department of Health and Human Services, and to the extent practicable, coordinated with other data banks containing similar information.

(B)

The Secretary shall establish the data bank after consultation with the Commissioner of Food and Drugs, the directors of the appropriate agencies of the National Institutes of Health (including the National Library of Medicine), and the Director of the Centers for Disease Control and Prevention.

(2)

In carrying out paragraph (1), the Secretary shall collect, catalog, store, and disseminate the information described in such paragraph. The Secretary shall disseminate such information through information systems, which shall include toll-free telephone communications, available to individuals with serious or life-threatening diseases and conditions, to other members of the public, to health care providers, and to researchers.

(3)

The data bank shall include the following:

(A)

A registry of clinical trials (whether federally or privately funded) of experimental treatments for serious or life-threatening diseases and conditions under regulations promulgated pursuant to section 355(i) of title 21, which provides a description of the purpose of each experimental drug, either with the consent of the protocol sponsor, or when a trial to test effectiveness begins. Information provided shall consist of eligibility criteria for participation in the clinical trials, a description of the location of trial sites, a point of contact for those wanting to enroll in the trial, and a description of whether, and through what procedure, the manufacturer or sponsor of the investigation of a new drug will respond to requests for protocol exception, with appropriate safeguards, for single-patient and expanded protocol use of the new drug, particularly in children, and shall be in a form that can be readily understood by members of the public. Such information shall be forwarded to the data bank by the sponsor of the trial not later than 21 days after the approval of the protocol.

(B)

Information pertaining to experimental treatments for serious or life-threatening diseases and conditions that may be available—

(i)

under a treatment investigational new drug application that has been submitted to the Secretary under section 360bbb(c) of title 21; or

(ii)

as a Group C cancer drug (as defined by the National Cancer Institute).

The data bank may also include information pertaining to the results of clinical trials of such treatments, with the consent of the sponsor, including information concerning potential toxicities or adverse effects associated with the use or administration of such experimental treatments.

(4)

The data bank shall not include information relating to an investigation if the sponsor has provided a detailed certification to the Secretary that disclosure of such information would substantially interfere with the timely enrollment of subjects in the investigation, unless the Secretary, after the receipt of the certification, provides the sponsor with a detailed written determination that such disclosure would not substantially interfere with such enrollment.

(5)

Fees collected under section 379h of title 21 shall not be used in carrying out this subsection.

(j)

Expanded clinical trial registry data bank

(1)

Definitions; requirement

(A)

Definitions

In this subsection:

(i)

Applicable clinical trial

(ii)

Applicable device clinical trial

The term “applicable device clinical trial” means—

(I)

a prospective clinical study of health outcomes comparing an intervention with a device subject to section 360(k), 360e, or 360j(m) of title 21 against a control in human subjects (other than a small clinical trial to determine the feasibility of a device, or a clinical trial to test prototype devices where the primary outcome measure relates to feasibility and not to health outcomes); and

(II)

a pediatric postmarket surveillance as required under section 360l of title 21.

(iii)

Applicable drug clinical trial

(I)

In general

(II)

Clinical investigation

(III)

Phase I

(iv)

Clinical trial information

(v)

Completion date

(vi)

Device

(vii)

Drug

(viii)

Ongoing

The term “ongoing” means, with respect to a clinical trial of a drug or a device and to a date, that—

(I)

1 or more patients is enrolled in the clinical trial; and

(II)

the date is before the completion date of the clinical trial.

(ix)

Responsible party

The term “responsible party”, with respect to a clinical trial of a drug or device, means—

(I)

the sponsor of the clinical trial (as defined in section 50.3 of title 21, Code of Federal Regulations (or any successor regulation)); or

(II)

the principal investigator of such clinical trial if so designated by a sponsor, grantee, contractor, or awardee, so long as the principal investigator is responsible for conducting the trial, has access to and control over the data from the clinical trial, has the right to publish the results of the trial, and has the ability to meet all of the requirements under this subsection for the submission of clinical trial information.

(B)

Requirement

(2)

Expansion of clinical trial registry data bank with respect to clinical trial information

(A)

In general

(i)

Expansion of data bank

(ii)

Content

The clinical trial information required to be submitted under this paragraph for an applicable clinical trial shall include—

(I)

descriptive information, including—

(aa)

a brief title, intended for the lay public;

(bb)

a brief summary, intended for the lay public;

(cc)

the primary purpose;

(dd)

the study design;

(ee)

for an applicable drug clinical trial, the study phase;

(ff)

study type;

(gg)

the primary disease or condition being studied, or the focus of the study;

(hh)

the intervention name and intervention type;

(ii)

the study start date;

(jj)

the expected completion date;

(kk)

the target number of subjects; and

(ll)

outcomes, including primary and secondary outcome measures;

(II)

recruitment information, including—

(aa)

eligibility criteria;

(bb)

gender;

(cc)

age limits;

(dd)

whether the trial accepts healthy volunteers;

(ee)

overall recruitment status;

(ff)

individual site status; and

(gg)

in the case of an applicable drug clinical trial, if the drug is not approved under section 355 of title 21 or licensed under section 262 of this title, specify whether or not there is expanded access to the drug under section 360bbb of title 21 for those who do not qualify for enrollment in the clinical trial and how to obtain information about such access;

(III)

location and contact information, including—

(aa)

the name of the sponsor;

(bb)

the responsible party, by official title; and

(cc)

the facility name and facility contact information (including the city, State, and zip code for each clinical trial location, or a toll-free number through which such location information may be accessed); and

(IV)

administrative data (which the Secretary may make publicly available as necessary), including—

(aa)

the unique protocol identification number;

(bb)

other protocol identification numbers, if any; and

(cc)

the Food and Drug Administration IND/IDE protocol number and the record verification date.

(iii)

Modifications

(B)

Format and structure

(i)

Searchable categories

The Director of NIH shall ensure that the public may, in addition to keyword searching, search the entries in the registry data bank by 1 or more of the following criteria:

(I)

The disease or condition being studied in the clinical trial, using Medical Subject Headers (MeSH) descriptors.

(II)

The name of the intervention, including any drug or device being studied in the clinical trial.

(III)

The location of the clinical trial.

(IV)

The age group studied in the clinical trial, including pediatric subpopulations.

(V)

The study phase of the clinical trial.

(VI)

The sponsor of the clinical trial, which may be the National Institutes of Health or another Federal agency, a private industry source, or a university or other organization.

(VII)

The recruitment status of the clinical trial.

(VIII)

The National Clinical Trial number or other study identification for the clinical trial.

(ii)

Additional searchable category

(iii)

Other elements

(iv)

Format

(C)

Data submission

The responsible party for an applicable clinical trial, including an applicable drug clinical trial for a serious or life-threatening disease or condition, that is initiated after, or is ongoing on the date that is 90 days after, September 27, 2007, shall submit to the Director of NIH for inclusion in the registry data bank the clinical trial information described in of 1

 So in original. The word “of” probably should not appear.

subparagraph (A)(ii) not later than the later of—

(i)

90 days after September 27, 2007;

(ii)

21 days after the first patient is enrolled in such clinical trial; or

(iii)

in the case of a clinical trial that is not for a serious or life-threatening disease or condition and that is ongoing on September 27, 2007, 1 year after September 27, 2007.

(D)

Posting of data

(i)

Applicable drug clinical trial

(ii)

Applicable device clinical trial

The Director of NIH shall ensure that clinical trial information for an applicable device clinical trial submitted in accordance with this paragraph is posted publicly in the registry data bank—

(I)

not earlier than the date of clearance under section 360(k) of title 21, or approval under section 360e or 360j(m) of title 21, as applicable, for a device that was not previously cleared or approved, and not later than 30 days after such date, unless the responsible party affirmatively requests that the Director of the National Institutes of Health publicly post such clinical trial information for an applicable device clinical trial prior to such date of clearance or approval; or

(II)

for a device that was previously cleared or approved, not later than 30 days after the clinical trial information under paragraph (3)(C) is required to be posted by the Secretary.

(iii)

Option to make certain clinical trial information available earlier

(iv)

Combination products

An applicable clinical trial for a product that is a combination of drug, device, or biological product shall be considered—

(I)

an applicable drug clinical trial, if the Secretary determines under section 353(g) of title 21 that the primary mode of action of such product is that of a drug or biological product; or

(II)

an applicable device clinical trial, if the Secretary determines under such section that the primary mode of action of such product is that of a device.

(3)

Expansion of registry data bank to include results of clinical trials

(A)

Linking registry data bank to existing results

(i)

In general

Beginning not later than 90 days after September 27, 2007, for those clinical trials that form the primary basis of an efficacy claim or are conducted after the drug involved is approved or after the device involved is cleared or approved, the Secretary shall ensure that the registry data bank includes links to results information as described in clause (ii) for such clinical trial—

(I)

not earlier than 30 days after the date of the approval of the drug involved or clearance or approval of the device involved; or

(II)

not later than 30 days after the results information described in clause (ii) becomes publicly available.

(ii)

Required information

(I)

FDA information

The Secretary shall ensure that the registry data bank includes links to the following information:

(aa)

If an advisory committee considered at a meeting an applicable clinical trial, any posted Food and Drug Administration summary document regarding such applicable clinical trial.

(bb)

If an applicable drug clinical trial was conducted under section 355a or 355c of title 21, a link to the posted Food and Drug Administration assessment of the results of such trial.

(cc)

Food and Drug Administration public health advisories regarding the drug or device that is the subject of the applicable clinical trial, if any.

(dd)

For an applicable drug clinical trial, the Food and Drug Administration action package for approval document required under section 355(l)(2) of title 21.

(ee)

For an applicable device clinical trial, in the case of a premarket application under section 360e of title 21, the detailed summary of information respecting the safety and effectiveness of the device required under section 360j(h)(1) of title 21, or, in the case of a report under section 360(k) of title 21, the section 360(k) summary of the safety and effectiveness data required under section 807.95(d) of title 21, Code of Federal Regulations (or any successor regulation).

(II)

NIH information

The Secretary shall ensure that the registry data bank includes links to the following information:

(aa)

Medline citations to any publications focused on the results of an applicable clinical trial.

(bb)

The entry for the drug that is the subject of an applicable drug clinical trial in the National Library of Medicine database of structured product labels, if available.

(iii)

Results for existing data bank entries

(B)

Inclusion of results

The Secretary, acting through the Director of NIH, shall—

(i)

expand the registry data bank to include the results of applicable clinical trials (referred to in this subsection as the “registry and results data bank”);

(ii)

ensure that such results are made publicly available through the Internet;

(iii)

post publicly a glossary for the lay public explaining technical terms related to the results of clinical trials; and

(iv)

in consultation with experts on risk communication, provide information with the information included under subparagraph (C) in the registry and results data bank to help ensure that such information does not mislead the patients or the public.

(C)

Basic results

Not later than 1 year after September 27, 2007, the Secretary shall include in the registry and results data bank for each applicable clinical trial for a drug that is approved under section 355 of title 21 or licensed under section 262 of this title or a device that is cleared under section 360(k) of title 21 or approved under section 360e or 360j(m) of title 21, the following elements:

(i)

Demographic and baseline characteristics of patient sample

(ii)

Primary and secondary outcomes

(iii)

Point of contact

(iv)

Certain agreements

(D)

Expanded registry and results data bank

(i)

Expansion by rulemaking

(ii)

Clinical trials

(I)

Approved products

The regulations under this subparagraph shall require the inclusion of the results information described in clause (iii) for—

(aa)

each applicable drug clinical trial for a drug that is approved under

(bb)

each applicable device clinical trial for a device that is cleared under section 360(k) of title 21 or approved under section 360e or 360j(m) of title 21.

(II)

Unapproved products

The regulations under this subparagraph shall establish whether or not the results information described in clause (iii) shall be required for—

(aa)

an applicable drug clinical trial for a drug that is not approved under section 355 of title 21 and not licensed under section 262 of this title (whether approval or licensure was sought or not); and

(bb)

an applicable device clinical trial for a device that is not cleared under section 360(k) of title 21 and not approved under section 360e or section 360j(m) of title 21 (whether clearance or approval was sought or not).

(iii)

Required elements

The regulations under this subparagraph shall require, in addition to the elements described in subparagraph (C), information within each of the following categories:

(I)

A summary of the clinical trial and its results that is written in non-technical, understandable language for patients, if the Secretary determines that such types of summary can be included without being misleading or promotional.

(II)

A summary of the clinical trial and its results that is technical in nature, if the Secretary determines that such types of summary can be included without being misleading or promotional.

(III)

The full protocol or such information on the protocol for the trial as may be necessary to help to evaluate the results of the trial.

(IV)

Such other categories as the Secretary determines appropriate.

(iv)

Results submission

The results information described in clause (iii) shall be submitted to the Director of NIH for inclusion in the registry and results data bank as provided by subparagraph (E), except that the Secretary shall by regulation determine—

(I)

whether the 1-year period for submission of clinical trial information described in subparagraph (E)(i) should be increased from 1 year to a period not to exceed 18 months;

(II)

whether the clinical trial information described in clause (iii) should be required to be submitted for an applicable clinical trial for which the clinical trial information described in subparagraph (C) is submitted to the registry and results data bank before the effective date of the regulations issued under this subparagraph; and

(III)

in the case when the clinical trial information described in clause (iii) is required to be submitted for the applicable clinical trials described in clause (ii)(II), the date by which such clinical trial information shall be required to be submitted, taking into account—

(aa)

the certification process under subparagraph (E)(iii) when approval, licensure, or clearance is sought; and

(bb)

whether there should be a delay of submission when approval, licensure, or clearance will not be sought.

(v)

Additional provisions

The regulations under this subparagraph shall also establish—

(I)

a standard format for the submission of clinical trial information under this paragraph to the registry and results data bank;

(II)

additional information on clinical trials and results that is written in nontechnical, understandable language for patients;

(III)

considering the experience under the pilot quality control project described in paragraph (5)(C), procedures for quality control, including using representative samples, with respect to completeness and content of clinical trial information under this subsection, to help ensure that data elements are not false or misleading and are non-promotional;

(IV)

the appropriate timing and requirements for updates of clinical trial information, and whether and, if so, how such updates should be tracked;

(V)

a statement to accompany the entry for an applicable clinical trial when the primary and secondary outcome measures for such clinical trial are submitted under paragraph (4)(A) after the date specified for the submission of such information in paragraph (2)(C); and

(VI)

additions or modifications to the manner of reporting of the data elements established under subparagraph (C).

(vi)

Consideration of World Health Organization data set

(vii)

Public meeting

(E)

Submission of results information

(i)

In general

Except as provided in clauses (iii), (iv), (v), and (vi) the responsible party for an applicable clinical trial that is described in clause (ii) shall submit to the Director of NIH for inclusion in the registry and results data bank the clinical trial information described in subparagraph (C) not later than 1 year, or such other period as may be provided by regulation under subparagraph (D), after the earlier of—

(I)

the estimated completion date of the trial as described in paragraph (2)(A)(ii)(I)(jj)); 2

 So in original. The second closing parenthesis probably should not appear.

(II)

the actual date of completion.

(ii)

Clinical trials described

An applicable clinical trial described in this clause is an applicable clinical trial subject to—

(I)

paragraph (2)(C); and

(II)

(aa)

subparagraph (C); or

(bb)

the regulations issued under subparagraph (D).

(iii)

Delayed submission of results with certification

(iv)

Seeking initial approval of a drug or device

(v)

Seeking approval of a new use for the drug or device

(I)

In general

With respect to an applicable clinical trial where the manufacturer of the drug or device is the sponsor of an applicable clinical trial, and such manufacturer has filed, or will file within 1 year, an application seeking approval under section 355 of title 21, licensing under section 262 of this title, or clearance under section 360(k), or approval under section 360e or 360j(m) of title 21 for the use studied in such clinical trial (which use is not included in the labeling of the approved drug or device), then the responsible party shall submit to the Director of NIH for inclusion in the registry and results data bank the clinical trial information described in subparagraphs (C) and (D) on the earlier of the date that is 30 days after the date—

(aa)

the new use of the drug or device is approved under such section 355, licensed under such section 262, cleared under such section 360(k), or approved under such section 360e or 360j(m);

(bb)

the Secretary issues a letter, such as a complete response letter, not approving the submission or not clearing the submission, a not approvable letter, or a not substantially equivalent letter for the new use of the drug or device under such section 355, 262, 360(k), 360e, or 360j(m); or

(cc)

except as provided in subclause (III), the application or premarket notification under such section 355, 262, 360(k), 360e, or 360j(m) is withdrawn without resubmission for no less than 210 days.

(II)

Requirement that each clinical trial in application be treated the same

(III)

Two-year limitation

(vi)

Extensions

(F)

Notice to Director of NIH

(G)

Posting of data

(H)

Waivers regarding certain clinical trial results

(I)

Adverse events

(i)

Regulations

(ii)

Default

(iii)

Additional elements

Upon the application of clause (ii), the Secretary shall include in the registry and results data bank for applicable clinical trials described in subparagraph (C), in addition to the clinical trial information described in subparagraph (C), the following elements:

(I)

Serious adverse events

(II)

Frequent adverse events

(iv)

Posting of other information

(v)

Relation to subparagraph (C)

(4)

Additional submissions of clinical trial information

(A)

Voluntary submissions

(B)

Required submissions

(i)

In general

Notwithstanding paragraphs (2) and (3) and subparagraph (A), in any case in which the Secretary determines for a specific clinical trial described in clause (ii) that posting in the registry and results data bank of clinical trial information for such clinical trial is necessary to protect the public health—

(I)

the Secretary may require by notification that such information be submitted to the Secretary in accordance with paragraphs (2) and (3) except with regard to timing of submission;

(II)

unless the responsible party submits a certification under paragraph (3)(E)(iii), such information shall be submitted not later than 30 days after the date specified by the Secretary in the notification; and

(III)

failure to comply with the requirements under subclauses (I) and (II) shall be treated as a violation of the corresponding requirement of such paragraphs.

(ii)

Clinical trials described

A clinical trial described in this clause is—

(I)

an applicable clinical trial for a drug that is approved under section 355 of title 21 or licensed under section 262 of this title or for a device that is cleared under section 360(k) of title 21 or approved under section 360e or section 360j(m) of title 21, whose completion date is on or after the date 10 years before September 27, 2007; or

(II)

an applicable clinical trial that is described by both by 3

 So in original.

paragraph (2)(C) and paragraph (3)(D)(ii)(II)).4

 So in original. The second closing parenthesis probably should not appear.

(C)

Updates to clinical trial data bank

(i)

Submission of updates

The responsible party for an applicable clinical trial shall submit to the Director of NIH for inclusion in the registry and results data bank updates to reflect changes to the clinical trial information submitted under paragraph (2). Such updates—

(I)

shall be provided not less than once every 12 months, unless there were no changes to the clinical trial information during the preceding 12-month period;

(II)

shall include identification of the dates of any such changes;

(III)

not later than 30 days after the recruitment status of such clinical trial changes, shall include an update of the recruitment status; and

not later than 30 days after the completion date of the clinical trial, shall include notification to the Director that such clinical trial is complete.

(ii)

Public availability of updates

(5)

Coordination and compliance

(A)

Clinical trials supported by grants from Federal agencies

(i)

Grants from certain Federal agencies

(ii)

Verification by Federal agencies

(iii)

Notice and opportunity to remedy

(iv)

Consultation with other Federal agencies

The Secretary shall—

(I)

consult with other agencies that conduct research involving human subjects in accordance with any section of part 46 of title 45, Code of Federal Regulations (or any successor regulations), to determine if any such research is an applicable clinical trial; and

(II)

develop with such agencies procedures comparable to those described in clauses (i), (ii), and (iii) to ensure that clinical trial information for such applicable clinical trial is submitted under paragraphs (2) and (3).

(B)

Certification to accompany drug, biological product, and device submissions

(C)

Quality control

(i)

Pilot quality control project

(ii)

Notice of compliance

(D)

Truthful clinical trial information

(i)

In general

(ii)

Effect

Clause (i) shall not have the effect of—

(I)

requiring clinical trial information with respect to an applicable clinical trial to include information from any source other than such clinical trial involved; or

(II)

requiring clinical trial information described in paragraph (3)(D) to be submitted for purposes of paragraph (3)(C).

(E)

Public notices

(i)

Notice of violations

If the responsible party for an applicable clinical trial fails to submit clinical trial information for such clinical trial as required under paragraphs (2) or (3), the Director of NIH shall include in the registry and results data bank entry for such clinical trial a notice—

(I)

that the responsible party is not in compliance with this chapter by—

(aa)

failing to submit required clinical trial information; or

(bb)

submitting false or misleading clinical trial information;

(II)

of the penalties imposed for the violation, if any; and

(III)

whether the responsible party has corrected the clinical trial information in the registry and results data bank.

(ii)

Notice of failure to submit primary and secondary outcomes

(iii)

Failure to submit statement

(iv)

Submission of false information statement

(v)

Non-submission of statement

(vi)

Compliance searches

(6)

Limitation on disclosure of clinical trial information

(A)

In general

(B)

Information described

Information described in this subparagraph is—

(i)

information submitted to the Director of NIH under this subsection, or information of the same general nature as (or integrally associated with) the information so submitted; and

(ii)

information not otherwise publicly available, including because it is protected from disclosure under section 552 of title 5.

(7)

Authorization of appropriations

(k)

Day care for children of employees

(1)

The Director of NIH may establish a program to provide day care services for the employees of the National Institutes of Health similar to those services provided by other Federal agencies (including the availability of day care service on a 24-hour-a-day basis).

(2)

Any day care provider at the National Institutes of Health shall establish a sliding scale of fees that takes into consideration the income and needs of the employee.

(3)

For purposes regarding the provision of day care services, the Director of NIH may enter into rental or lease purchase agreements.

(l)

Council of Councils

(1)

Establishment

(2)

Membership

(A)

In general

(B)

Certain requirements

In selecting the members of the Council, the Director of NIH shall ensure—

(i)

the representation of a broad range of disciplines and perspectives; and

(ii)

the ongoing inclusion of at least 1 representative from each national research institute whose budget is substantial relative to a majority of the other institutes.

(C)

Nomination

The Director of NIH shall maintain an updated list of individuals who have been nominated to serve on the Council, which list shall consist of the following:

(i)

For each national research institute and national center, 3 individuals nominated by the head of such institute or center from among the members of the advisory council of the institute or center, of which—

(I)

two shall be scientists; and

(II)

one shall be from the general public or shall be a leader in the field of public policy, law, health policy, economics, or management.

(ii)

For each office within the Division of Program Coordination, Planning, and Strategic Initiatives, 1 individual nominated by the head of such office.

(iii)

Members of the Council of Public Representatives.

(3)

Terms

(A)

In general

(B)

Terms of initial appointees

Of the initial members selected for the Council, the Director of NIH shall designate—

(i)

nine for a term of 6 years;

(ii)

nine for a term of 4 years; and

(iii)

nine for a term of 2 years.

(C)

Vacancies

(m)

National Institutes of Health Strategic Plan

(1)

In general

(2)

Requirements

The strategy under paragraph (1) shall—

(A)

identify strategic research priorities and objectives across biomedical research, including—

(i)

an assessment of the state of biomedical and behavioral research, including areas of opportunity with respect to basic, clinical, and translational research;

(ii)

priorities and objectives to advance the treatment, cure, and prevention of health conditions;

(iii)

emerging scientific opportunities, rising public health challenges, and scientific knowledge gaps; and

(iv)

the identification of near-, mid-, and long-term scientific needs;

(B)

consider, in carrying out subparagraph (A)—

(i)

disease burden in the United States and the potential for return on investment to the United States;

(ii)

rare diseases and conditions;

(iii)

biological, social, and other determinants of health that contribute to health disparities; and

(iv)

other factors the Director of National Institutes of Health determines appropriate;

(C)

include multi-institute priorities, including coordination of research among institutes and centers;

(D)

include strategic priorities for funding research through the Common Fund, in accordance with section 282a(c)(1)(C) of this title;

(E)

address the National Institutes of Health’s proposed and ongoing activities related to training and the biomedical workforce; and

(F)

describe opportunities for collaboration with other agencies and departments, as appropriate.

(3)

Use of plans

(4)

Consultation

(n)

Unique research initiatives

(1)

In general

The Director of NIH may approve, after consideration of a proposal under paragraph (2)(A), requests by the national research institutes and centers, or program officers within the Office of the Director to engage in transactions other than a contract, grant, or cooperative agreement with respect to projects that carry out—

(A)

the Precision Medicine Initiative under section 289g–5 of this title;

(B)

subsection (b)(7), except that not more than 50 percent of the funds available for a fiscal year through the Common Fund under section 282a(c)(1) of this title for purposes of carrying out such subsection (b)(7) may be used to engage in such other transactions; or

(C)

high impact cutting-edge research that fosters scientific creativity and increases fundamental biological understanding leading to the prevention, diagnosis, or treatment of diseases and disorders, or research urgently required to respond to a public health threat.

(2)

Requirements

The authority provided under this subsection may be used to conduct or support high impact cutting-edge research described in paragraph (1) using the other transactions authority described in such paragraph if the institute, center, or office—

(A)

submits a proposal to the Director of NIH for the use of such authority before conducting or supporting the research, including why the use of such authority is essential to promoting the success of the project;

(B)

receives approval for the use of such authority from the Director of NIH; and

(C)

for each year in which the institute, center, or office has used such authority in accordance with this subsection, submits a report to the Director of NIH on the activities of the institute, center, or office relating to such research.

(o)

Regenerative medicine

(July 1, 1944, ch. 373, title IV, § 402, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 823; amended Pub. L. 100–607, title I, § 111, Nov. 4, 1988, 102 Stat. 3052; Pub. L. 102–321, title I, § 163(b)(3), July 10, 1992, 106 Stat. 376; Pub. L. 103–43, title I, § 141(b), title II, §§ 201, 202, 206, 208, 210(b), (c), title III, § 303(b), June 10, 1993, 107 Stat. 139, 144, 148–150, 153; Pub. L. 105–115, title I, § 113(a), Nov. 21, 1997, 111 Stat. 2310; Pub. L. 105–362, title VI, § 601(a)(1)(A), Nov. 10, 1998, 112 Stat. 3285; Pub. L. 105–392, title IV, § 409, Nov. 13, 1998, 112 Stat. 3589; Pub. L. 107–109, § 15(c)(2), Jan. 4, 2002, 115 Stat. 1420; Pub. L. 109–482, title I, §§ 102(a)–(d), (f)(1)(A), 103(b)(1), Jan. 15, 2007, 120 Stat. 3681, 3683, 3684, 3687; Pub. L. 110–85, title III, § 304(a), title VIII, § 801(a), title XI, § 1104(2), Sept. 27, 2007, 121 Stat. 863, 904, 975; Pub. L. 110–316, title III, § 302, Aug. 14, 2008, 122 Stat. 3524; Pub. L. 111–148, title X, § 10409(b), Mar. 23, 2010, 124 Stat. 978; Pub. L. 112–74, div. F, title II, § 221(b)(5)(B), (d)(1), Dec. 23, 2011, 125 Stat. 1089, 1090; Pub. L. 113–94, § 3(a), Apr. 3, 2014, 128 Stat. 1086; Pub. L. 114–255, div. A, title II, §§ 2014(a), 2031(a), 2036(a), 2038(a), 2051, Dec. 13, 2016, 130 Stat. 1051, 1054, 1062, 1064, 1074; Pub. L. 115–271, title VII, § 7041, Oct. 24, 2018, 132 Stat. 4016; Pub. L. 117–15, § 4, May 26, 2021, 135 Stat. 278; Pub. L. 117–286, § 4(a)(231), Dec. 27, 2022, 136 Stat. 4331; Pub. L. 117–328, div. FF, title II, §§ 2302, 2323, Dec. 29, 2022, 136 Stat. 5757, 5767.)

cite as: 42 USC 282

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