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SUPPLEMENT 2
NATIONAL RESEARCH SERVICE AWARD AUTHORITY
Public Law 93-34B, as amended
LEMON RICH sumacs AWARDS
SEC. 472. (a) (1) The Secretary shall- 289~^C.
(A) provide National Research Service Awards
for—
(i) biomedical and behavioral research at the
National Institutes of Health and the Alcohol,
Drug Abuse, and Mental Health A~nmistra-
tion or under programs administered by the
Division of Nursing of the Health Resources
Administration, in matters relating to the
cause, diagnosis, prevention, and treatment of
the diseases or other health problems or Division
of ~ ursin,.
(ii) framing at the Institutes and Adminis-
tration of ~ndiw~uals to undertake such re-
search,
(iii) biomedical and behavioral research at
public institutions and at nonprofit private in-
StitUtiOnS, and
(iv) pre- and post doctoral training at such
public and private institutions of in~i`-iduals
to undertake such research; and
(B) make grants to public institutions and to
nonprofit private institutions to enable such in-
stitutions to make to individuals selected by them
National Research Service Awards for research
(and training to undertake such research) in the
matters described In subparagraph (A) (i).
A reference in this subsection to the National Institutes of
Health or the Alcohol, Drug Abuse, and Mental Health
Administration shall be considered to include the insti-
tutes, divisions, and bureaus included in the Institutes
or under the Administration, as the case may be.
(~) National Research Service Awards may not be
used to support residencies.
(3) Effective July 1, 1975, National Research Service
Awards may be made for research or research training
in only those subject areas for which, as determined under
section 473, there is a need for personnel.
(b) (1) No National Research Service Award may be
made by the Secretary to any individual unless
(A) the individual has submitted to the Secretary
an application therefor and the Secretary has ap-
proved the application;
(B) the individual provides, in such form and
manner as the Secretary shall by regulation pre-
scr~be, assurances satisfactory to the Secretary that
the individual will meet the service requirement of
subsection (c) (1~; and
(C) in the case of a National Research Service
Award for a purpose described in subsection (a) (1)
(A) (iii) or (a) (1) (A) (iv), the individual has been
sponsored (m such manner as the Secretary may by
80.727 o - 77 - vote ~ - u
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OCR for page 200
regulation require) by the institution at which the
research or training under the Award will be
conducted.
An application for an Award shall be in such form, sub-
mitted in such manner, and contain such "formation, as
the Secretary may by regulation prescribe.
(2) The award of National Research Service Award
by the Secretary under subsection (a) and the making of
grants for such Award shad be subject to review and
approval by the appropriate advisory councils within the
Department of Health, Education, and Welfare (A)
whose activities relate to the research or training under
the Awards, or (B) at which such research or training
will be concluctM.
(3) No grant may be made under subsection
(a) (1) (B) unIem an application therefor has Men sub-
mitted to and approved by the Secretary. Such applica-
tion shall be in such form, submitted in such manner, and
contain such information, as the Secretary may by re~u-
lation prescribe. Subject to the provisions of this section
other than paragraph (1) of this subsection, National
Research Service Awards made under a grant under sum
section (a) (1) (B) shall be made in accordance with such
regulations as the Secretary shall prescribe.
(~) The period of any National Research Service
Award made to any ~ndindua] under subsection (a) may
not exceed three years in the aggregate unless the Secre-
tary for good cause shown waives the application of the
three-year limit to such ~n~v~dual.
(5) National Research Service Awards shall pronde
for such stipends and allowances (including travel and
subsistence expenses and dependency allowances) for the
recipients of the Awards as the Secretary may deem
necessary. A National Research Service Award made to
an individual for research or research training at a non-
Federal public or nonprofit private institution shall also
provide for payments to be made to the institution for the
cost of support services (including the cost of faculty
salaries, supplies, equipment, general research support,
and related Items) provided such Individual by such
institution. The amount of any such payments to any
institution shall be determined by the Secretary and shall
bear a direct relationship to the reasonable costs of the
institution for establishing and maintaining the quality
of its biomedical and behavioral research and training
programs.
(c) (1) (A) Each individual who receives a National
Research Service Award shall, In accordance with para-
graph (3), engage it
(i) health research or teaching or any combination
thereof which is in accordance with usual patterns
Of academic employment,
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(ii) if authorized under subparagraph (B), serve
as a member of the National Health Service Corps
or serve in his specialty, or
(iii) if authorized unpiler subparagraph (C),serve
in a health related activity approved under that sub-
paragraph,
for a period computed in accordance with paragraph
(B) Any individual who receive a National Research
Service Award and who is a physician, dentist, nurse,
or other ~nd~v~dua] trained to provide health care directly
to individual patients may, upon application to the Sec-
retary, be authorized by the Secretary to
. (i) serve as a member of the national Health
Service Corps,
(ii) serve in his specialty in private practice in a
geographic area designated by the Secretary as re-
quiring that specialty, or
(iii) provides services in his specialty for a health
maintenance organization to which payments may
be made under section 1876 of title XVIll of the
Social Security Act and which serves a medically
underserved population (as defined in section 1302
(7)ofthisAct),
in lieu of engaging in health research or teaching if the
Secretary determines that there are no suitable health
research or teaching positions available to such
· · .
no .~v~dual.
(C) Where appropriate the Secretary may, upon
application, authorize a recipient of a National Research
Service Award, who is not trained to provide health care
directly to individual patients, to engage in a health-
reiated activity in lieu of engaging in health research or
teaching if the Secretary determines that there are no
suitable health research or teaching positions available to
such individual.
(2) For each year for which an individual receives
National Research Service Award he shall-
(A) for twelve months engage in health research
or teaching or any combination thereof which is in
accordance with the usual patterns of academic em-
ployment. or, if so authorized, serve as a member
of the National Health Service Corps, or
(B) if authorized under paragraph (1) (B) or
(1) (C), for twenty months serve In his specialty or
engage in a health-related activity.
(3) The requirement of paragraph (1) shall be com-
piled with by any individual to whom it applies within
such reasonable period of time, after the completion of
such individual's Award, as the Secretary shall by regu-
lation prescribe. The Secretary shall (A) by regulation
prescribe (i) the type of research and teaching which an
201
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individual may end n to comply with such require-
ment, and (ii) suc other requirements respecting such
research and teaching and alternative service authorized
under paragraphs (1) (B) and (1) (C) as he deems neces-
sary; and (B) to the extent feasible, provide that the
members of the National Health Service Corps who are
serving in the Corps to meet the requirement of para-
graph (1) shall be assigned to patient care and to post
tions which utilize the clinical training and experience
of the members.
(4) (A) If any individual to whom the requirement of
paragraph (1) is applicable fails, within the period Arm
scribed by paragraph (3), to comply with such require
meet, the United States shall be entitled to recover from
such individual an amount determined in accordance with
the formula—
A .~ (t I/ ~)
in which "A" is the amount the United States is entitled
to recover; "09, is the sum of the total amount paid under
one or more National Research Service Award to such
individual; "t" is the total number of months In such
individual's service obligation; and "s" is the number of
months of such obligation served by him in accordance
with paragraphs (1) and (2) of this subsection.
(B) Any amount which the United States is entitled
to recover under subparagraph (A) shall, within the
three-year per od begs ng on the date the United States
becomes entitled to recover such amount, be Paid to the
United States. Until any amount due the United States
under subparagraph it? on accost of any National
Research Service Award Is paid, there shall accrue to the
IJnited States interest on such amount at a rate fixed by
the Secretary of the Treasury after taking into considera-
tion private consumer rates of interest prep ailing on the
date the United States becomes entitled to such amount.
(5) (it) Any obligation of any individual under para-
graph (3) shall be canceled upon the death of such
individual.
(B) The Secretary shall by regulation pronde for the
waiver or suspension of any such obligation applicable to
any individual whenever compliance~by such ~ndindual
is impossible or would involve extreme hardship to such
individual and if enforcement of such obligation with
respect to an,, Lingual would be again; equity and
goo
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centum shall be made available for payments under Na-
tional Research Service Awards pronded by the Secre-
tary under subsection (a) (1) (A).
8TDDn:8 RE8pEcrING BIO1~DICAI, AND BEHAVIORS
RESEARCH PER80N~
SEC. 473. (a) The Secretary shall, in accordance with 48,U~C
subsection (b), arrange for t e conduct of a continuing
study to—
(1) establish (~) the Nation's overall need for
biomedical and behavioral research personnel, (B)
the subject areas in which such personnel are needed
and the number of such personnel needed in each
such area, and (C) the kincis and extent of training
which should be provided such personnel;
(2) assess (A) current training programs avail-
able for the training of biomedical and behavioral
research personnel which are conducted under this
Act at or through institutes under the National
Institutes of Health and the Alcohol, Drum Abuse,
and Mental Health Administration, and (~) other
current training programs available for the train-
~ng of such personnel;
(3) identify the kinds of research positions avail-
able to and held by individuals completing such
programs;
(4) determine, to the extent feasible, whether the
programs referred to in clause (B) of paragraph
(2) would be adequate to meet the needs established
under paragraph (1) if the programs referred to In
clause (A) of paragraph (2) were terminated; and
(5) determine what modifications in the programs
referred to ~ paragraph (2) are required to meet
the needs established under paragraph (1)
(b) (1) The Secretary shall request the National
Academy of Sciences to conduct the study required by
subsection (a) under an arrangement under which the
actual expenses incurred by such Academy In conducting
such study will be paid by the Secretary. If the Nationa]
Academy of Sciences is willing to do so, the Secretary
shall enter into such an arrangement with such Academy
for the conduct of such study.
(2) If the National Academy of Sciences is unwilling
to conduct such study under such an arrangement, then
the Secretary shall enter into a similar arrangement with
other appropriate nonprofit private groups or associa-
tions under which such groups or associations will con-
duct such study and prepare and submit the reports
thereon as pros bled In subsection (c).
(3) The National Academy of Sciences or other group
or association conducting the study required by subsec-
tion (a) shall conduct such study In consultation with the
Director of the National Institute of Health.
203
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42 U..
2891 ~
42 U^C
2~} -
(c) A report on the resulb of such study Mall be Bun
misted by the Secretary to the Committee on Interstate
and Foreign Commerce of the House of Representatives
and the Committee on I~abor and Public Welfare of the
Senate not later than September 30 of each year.
INBT~ONAT- RB~W BOARDS; ET=C8 GUIDANCE Croats
SEC. 474. (a) The Secretary shall by regulation require
that each entity which applies for a grant or contract
under this Act for any ,project or program which Evolves
the conduct of biomedical or behavioral research mvolv-
ing human subjects submit in or with its application for
such grant or contract assurances satisfactory to the Sec-
retary that it has established {m accordance with re~ula-
tions which the Secretary shall prescribe) a board To be
known as an "Institutional Renew Board") to review
biomedical and behaviors research involving human sum
jects conducted at or sponsored by such entity in order
to protect the rights of the human subjects of such
research.
(b) The Secretary shall establish a program within the
Department under which requests for clarification and
guidance with respect to ethical issues raped in connec-
tion with biomedical or behavioral research ~nvoInng
human subjects are Sponged to promptly and appro-
pr~ately.
PEER Ik;~w OF MAT APPLICATION8 AD CONTRACT
~OJ~8
Sac. 475. (a) The Secretary, after consultation with
the Director of the National Institutes of Health, and,
where appropriate, the Directors of the National Insti-
tute of Mental Health, the National Institute on Alcohol
Abuse and Alcoholic, and the National Institute on
Drug Abuse, shall by regulation require appropriate
scientific peer review of—
. .. .
(1) applications made after the effective date of
such regulations for "ants under this Act for bin
medical ardbehanoral research; and
(2) biomedical and behavioral research and de"
velopment contract projects to be administered after
such effective date through an institute established
Under this title, the National Institute on Alcohol
Abuse and Alcoholism, or the National Institute on
Drug IBM
(b) Regulations promulgated under subsection (a)
shall, to the extent practicil, require that the renew of
grant applications required by the regulations be con-
duc~d
(1) ~ a manner consistent with the system for
scientific peer review applicable on the date of the
enactment of this section to applications for grants
204
OCR for page 205
under this Act for biomedical and behavioral re-
search, and
(2) by peer review groups performing such review
on or before such date.
(c) The members of any peer review group established
under such regulations shall be individuals who by vir-
tue of their training or experience are eminently quali-
fied to perform the review functions of the group and
not more than one-fourth of the members of any peer
review group established under such regulations shall
be officers or employees of the United Stated
vIsrr~-a SCIENTIST AWARDS
SEC. 476. (a) The Secretary may make awards (re- 42U~C 2801
ferred to as "Visiting Scientist Rewards") to outstanding
scientists who agree to serge as visiting scientists at insti-
tutions of post-secondary education which have signifi-
cant enrollments of disadvantaged students. Visiting
Scientist Awards shall be made by the Secretary to enable
the faculty and students of such institutions to draw upon
the special talents of scientists from other institutions for
the purpose of receiving guidance advice, and instruc-
tion with regard to research, teaching. and curriculum
development in the biomedical and behavioral sciences
and such other aspects of these sciences as the Secretary
shall deem appropriate.
(b) The amount of each Visiting Scientist.\ward shall
include such sum as shall be commensurate with the. sal-
ary or remuneration which the individual recei`-ing the
award wouId have been entitled to receive e from the insti-
tution with which the individual has, or had. a permanent
or immediately prior affiliation. Eligibility for and terms
of Visiting Scientist Awards shall be determined in ac-
cordance with regulations the Secretary shall prescribe.
205
Representative terms from entire chapter:
service awards
