Page:United States Statutes at Large Volume 90 Part 1.djvu/456

 90 STAT. 406 42 USC 289Z-1.

42 USC 289/-1.

Biomedical and behavioral research personnel, studies.

42 USC 289/-2.

Report to congressional committees.

42 USC 289/-2.

Investigations and study.

42 USC 289/-1 note.

42 USC 289/-1 note.

42 USC 201 note.

PUBLIC LAW 94-278—APR. 22, 1976 SEC. 202. (a) Subsection (a)(1)(A)(i) of section 472 is amended by striking out "the disease or (diseases) or other health problems to which the activities of the Institutes and Administration are directed" and inserting in lieu thereof "diseases or other health problems". (b) Subsection (b)(2) of section 472 is amended by striking out "to the entities of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration" and inserting in lieu thereof "within the Department of Health, Education, and Welfare". SEC. 203. (a)(1) Subparagraph (A) of the first paragraph (4) of subsection (c) of section 472 is amended by striking out "and the interest on such amount" down through and including "was made". (2) The last sentence of subparagraph (B) of such paragraph is amended by striking out "at the same rate as that fixed by the Secretary of the Treasury under subparagraph (A) to determine the amount due the United States" and inserting in lieu thereof "at a rate fixed by the Secretary of the Treasury after taking into consideration private consumer rates of interest prevailing on the date the United States becomes entitled to such amount". (b) The amendments made by subsection (a) shall apply with respect to National Research Awards under section 472 which are made from appropriations for fiscal years ending on or after June 30, 1975. SEC. 204. Section 473(b) is amended by adding after paragraph (2) the following new paragraph: "(3) The National Academy of Sciences or other group or association conducting the study required by subsection (a) shall conduct such study in consultation with the Director of the National Institutes of Health.". SEC. 205. Subsection (c) of section 473 is amended by striking out "March 31" and inserting in lieu thereof "September 30". TITLE III—DISCLOSURE OF RESEARCH INFORMATION SEC. 301. (a)(1) The President's Biomedical Research Panel (established by section 201(a) of the National Cancer Act Amendments of 1974 (Public Law 93-352)) and the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (established by section 201 of the National Research Act (Public Law 93-348)) shall each conduct an investigation and study of the implication of the disclosure to the public of information contained in research protocols, research hypotheses, and research designs obtained by the Secretary of Health, Education, and Welfare (hereinafter in the subsection referred to as the "Secretary") in connection with an application or proposal submitted, during the period beginning January 1, 1975, and ending December 31, 1975, to the Secretary for a grant, fellowship, or contract under the Public Health Service Act. In making such investigation and study the Panel and the Commission shall each determine the following: (A) The number of requests made to the Secretary for the disclosure of information contained in such research protocols, hypotheses, and designs and the interests represented by the persons for whom such requests were made. (B) The purposes for which information disclosed by the Secretary pursuant to such requests was used. (C) The effect of the disclosure of such information on— (i) proprietary interests in the research protocol, hypothesis, or design ft*om which such information was disclosed and on patent rights;

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