Page:United States Statutes at Large Volume 99 Part 1.djvu/900

 99 STAT. 878

Regulations.

Study. 42 USC 275.

Report.

Report.

Prohibition.

Effective date.

PUBLIC LAW 99-158—NOV. 20, 1985 development of important biomedical knowledge which cannot be obtained by other means. "(b) In administering the regulations for the protection of human research subjects which— "(1) apply to research conducted or supported by the Secretary; "(2) involve living human fetuses in utero; and "(3) are published in section 46.208 of part 46 of title 45 of the Code of Federal Regulations; or any successor to such regulations, the Secretary shall require that the risk standard (published in section 46.102(g) of such part 46 or any successor to such regulations) be the same for fetuses which are intended to be aborted and fetuses which are intended to be carried to term. "(c)(1) The Biomedical Ethics Advisory Committee appointed under section 381 shall conduct a study of the nature, advisability, and biomedical and ethical implications of exercising any waiver of the risk standard'published in section 46.102(g) of such part 46 (or any successor to such regulations). The Committee shall complete the study and report its findings to the Biomedical Ethics Board established under section 381 not later than the expiration of thirty months after the date of enactment of this section. The report shall include the recommendations, if any, of the Committee on the advisability of the authority for such a waiver and the circumstances under which such a waiver might be granted. The Biomedical Ethics Board shall transmit the report to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate. "(2) During the thirty-six-month period beginning on the date of enactment of this section, the Secretary may not grant (under section 46.211 of part 45 of title 46 of the Code of Federal Regulations or any successor to such section) a modification or waiver for "(3) Effective October 31, 1988, paragraph (2) is repealed. CONSTRUCTION OF TITLE

42 USC 289h. 42 USC 241.

"SEC. 499. This title shall not be construed as limiting (1) the functions or authority of the Secretary under section 301 or of any officer or agency of the United States, relating to the study, prevention, diagnosis, and treatment of any disease for which a separate national research institute is established under this title, or (2) the expenditure of any funds therefor." SEC. 3. CONFORMING AMENDMENTS.

National Advisory Health Council, termination. 42 USC 218 note. 98 Stat. 2364.

(a) ADVISORY COUNCILS.—(1) The National Advisory Health Council established under section 217 is terminated. (2) Section 217(a) (42 U.S.C. 218(a)) is amended— (A) in the first sentence— (i) by striking out "National Advisory Health Council, the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, and the National Advisory Dental Research Council" and inserting in lieu thereof "National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism"; and

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