Page:United States Statutes at Large Volume 88 Part 1.djvu/395

 88 STAT. ]

PUBLIC LAW 93-348-JULY 12, 1974

351

ADMINISTRATIVE PROVISIONS

SEC. 204. (a) The Commission may for the purpose of carrying out ^J^te,"^^ 289^i its duties under sections 202 and 203 hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission deems advisable. (b) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties. Upon the request of the chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) The Commission shall not disclose any information reported information disto or otherwise obtained by it in carrying out its duties which (1) uon."*^^' '"^^ identifies any individual who has been the subject of an activity studied and investigated by the Commission, or (2) which concerns any information which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code. (d) Except as provided in subsection (b) of section 202, the Commission shall complete its duties under sections 202 and 203 not later than the expiration of the 24-month period beginning on the first day of the first month that follows the date on which all the members of the Commission have taken office. The Commission shall make periodic p^gg?j°J^^j *^^^_ reports to the President, the Congress, and the Secretary respecting gr'^s^^ ^nd'HEwr its activities under sections 202 and 203 and shall, not later than ninety days after the expiration of such 24-month period, make a final report to the President, the Congress, and the Secretary respecting such activities and including its recommendations for administrative action and legislation. (e) The Commission shall cease to exist thirty days following the ^^7^'''"^"^*^°" date. submission of its final report pursuant to subsection (d). DUTIES OF THE SECRETARY

SEC. 205. Within 60 days of the receipt of any recommendation made " ^ use 289Z.i ^ by the Commission under section 202, the Secretary shall publish it in the Federal Register and provide opportunity for interested per- Publication in sons to submit written data, views, and arguments with respect to ^ ^'^^ agister such recommendation. The Secretary shall consider the Commission's recommendation and relevant matter submitted with respect to it and, within 180 days of the date of its publication in the Federal Register, the Secretary shall (1) determine whether the administrative action proposed by such recommendation is appropriate to assure the protection of human subjects of biomedical and behavioral research conducted or supported under programs administered by him, and (2) if he determines that such action is not so appropriate, publish in the Federal Register such determination together with an adequate statement of the reasons for his determination. If the Secretary determines that administrative action recommended by the Commission should be undertaken by him, he shall undertake such action as expeditiously as is feasible. P A R T B—MiscELiiANEOtis NATIONAL ADVISORY COUNCIL FOR THE PROTECTION OF SUBJECTS OF BIOMEDICAL A N D BEHAVIORAL RESEARCH

S E C 211. (a) Section 217 of the Public Health Service Act is amended by adding at the end the following new subsection: " (f)(1) There shall be established a National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research

42 USC 21 s. Establishment.

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