Table of Contents Disease Prevention and Control Amendments Food and Drug Improvement Amendments National Vaccine Injury Compensation Program Public Health Service and Resource Amendments

BIOMEDICAL RESEARCH
AMENDMENTS


NIH-1997/01

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Alcohol Abuse and Alcoholism Research

Extend Authorities for Research on Alcohol Abuse and Alcoholism.

Current Law: The Secretary, acting through the National Institute on Alcohol Abuse and Alcoholism, is authorized to conduct and support biomedical and behavioral research, health services research, research training, and health information dissemination with respect to the prevention of alcohol abuse and the treatment of alcoholism, under section 464H (42 USC 285n) of the PHS Act. The existing appropriation authority expires on September 30, 1994. The Institute is authorized for fiscal year 1995 through P.L. 103-333. A one-year authorization for FY 1996 is currently being drafted and we expect its approval. Public Law 103-333 and the passage of the draft bill will place NIAAA's reauthorization process parallel to the other NIH institutes.

Proposal: Extend authorization for appropriations for the research programs of the National Institute on Alcohol Abuse and Alcoholism for five years.

Rationale: The National Institute on Alcohol Abuse and Alcoholism (NIAAA) serves as the focus for the Federal government's efforts to reduce the medical, social and economic consequences of alcohol abuse and alcoholism within the United States. It is estimated that 10 percent of adult Americans are either alcoholic or have serious alcohol-related problems. Alcohol abuse is a major cause of diseases of the liver and pancreas; is a direct contributor to many other diseases including several types of cancer, hypertension, heart disease, and neurological disorders; and plays a significant role in preventable birth defects, retardation and learning disabilities as well as in injuries, homicides, and suicides. It is conservatively estimated that 25-30% of all urban hospital beds are filled due to the medical consequences of alcohol abuse. A minimum of 3 out of 100 deaths in the United States can be attributed to alcohol- related causes.

Expansion of scientific knowledge of the causes, prevention, treatment and consequences of alcohol abuse and alcoholism has enormous potential for reducing illness and death and for improving the quality of life for millions of Americans. Research advances in understanding the nature of alcoholism and improving the methods of prevention and treatment are already being integrated into the Nation's health care system. Future research initiatives will play a critical part in meeting the public health challenges of alcohol abuse and alcoholism.

Effect on Beneficiaries: This proposal will promote public health by continuing to facilitate NIAAA research which has enormous potential for improving the medical, social and economic consequences of alcohol abuse, and, therefore, the quality of life for millions of Americans.

Cost: Such sums as necessary for the next five fiscal years.

Personnel Requirements: None.

Effective Date: Upon enactment.


NIH-1997/02
6/14/99

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Reauthorize the National Institute on Aging

Extend Authorization of Appropriations of the National Institute on Aging (NIA)

Current Law: Section 445I of the PHS Act, as amended by section 803 of P.L. 103-43, authorizes appropriations for fiscal years 1994 through 1996 for the NIA.

Proposal: Authorize appropriations for NIA research and training programs for five years.

Rationale: Population aging will become one of the most important social phenomena of the next half century, especially when the now middle-aged baby-boom generation becomes eligible for Social Security and Medicare. How this Nation and its institutions accommodate themselves to the dramatic demographic age shift will have a significant effect on the quality of life for all Americans in the 21st century.

Over the last 20 years, the National Institute on Aging has built a firm foundation to understand the usual changes with age as well as age-associated disorders, such as Alzheimer's disease, cardiovascular disease, osteoporosis, and cancer. Studies including the Institute's 41-year old Baltimore Longitudinal Study of Aging (BLSA) have shattered stereotypes about aging processes. These, and other studies have shown that productivity and creativity can increase with age; exercise, proper nutrition, and health screening and treatment strategies can reduce disability rates. As a result, fewer people now equate aging with inevitable decline and disease, and people of all ages are taking greater responsibility for their health. As the pace of discovery quickens, the potential of research to stave off disease and disability as well as promote independence and quality of life, improve health and health services, and enhance social supports is gaining momentum.

NIA-supported research has made major inroads in understanding the basis of aging and age- related diseases. For example, Alzheimer's disease (AD) has now been linked to alterations in specific proteins and has been shown to affect specific regions of the brain. Clinical trials of interventions to delay or prevent AD are now being initiated.

Basic research on cellular aging has applications that cross a wide range of health issues. For example, important links have been established between the mechanisms of cell cycle regulation, cell aging, and the uncontrolled proliferation of cancer cells. Research in this area can identify specific potential targets for new cancer drugs.

Investigations on vascular diseases, such as atherosclerosis are providing new directions for the development of interventions. Another major initiative is under way to develop the basis for new therapeutic approaches to adult late-onset diabetes.

Although the NIA has made significant progress, many challenges remain. Alzheimer's disease will reach critical proportions in the United States and other countries as the baby-boom generation ages. Consequently, the Nation is faced with a growing public health crisis unless interventions can be developed to halt or slow the progression of this disease.

Even with the hope of major advances in the treatment and prevention of such debilitating diseases, the demand for long-term care is expected to expand. Research holds the best hope to mitigate the need for long-term care or institutionalization, enhance the quality and efficiency of such care, ease the burden of long-term care, and forecast the requirements for long-term care.

Continued efforts in all areas of aging-related research are essential to promote independence and improve the quality of life for older Americans.

Effect on Beneficiaries: The American people, the health professions, and the biomedical research community would all be favorably affected.

Federalism Impact: This proposal does not directly regulate States or interfere with or displace essential State functions. It does not attach conditions to grants that are not related to the purpose of the grant or preempt State Law as discussed in E.O. 12612.

Cost: There is no intrinsic cost. Ultimate costs and benefits are contingent upon the appropriations process.

Effective Date: First day of FY 2000 fiscal year or upon enactment, whichever comes later.


NIH-1997/04

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

NCI General Cancer Research Authorization

Extend the Authorization for Appropriations for the National Cancer Institute (NCI) for the Next Five Fiscal Years

Current Law: Section 417 B(a) of the Public Health Service Act authorizes appropriations (other than that of its programs under section 412) for the NCI through Fiscal Year 1996. Section 417 B(d) authorizes appropriations for cancer control programs conducted under Section 412. Additional authorizations for breast/gynecological cancers and prostate cancer are found under Section 417 B(b) and (c).

Proposal: Authorize appropriations for all cancer research activities for five years.

Rationale: The NCI is the Federal government’s lead agency for cancer research. Established in 1937, the mission of the Institute is the conduct and support of research, training, health information dissemination, and other programs with respect to the cause, diagnosis, prevention and treatment of cancer, rehabilitation from cancer, and the continuing care of cancer patients and their families. The NCI is responsible for leading the National Cancer Program (NCP), which consists of an expanded, intensified and coordinated cancer research program encompassing the research programs conducted and supported by the Institute and the related research programs of other public and private sector organizations, including an expanded and intensified research program for the prevention of cancer caused by occupational or environmental exposure to carcinogens.

The NCI supports research on all aspects of the cancer process, from molecular biology to prevention, diagnosis, causation, control, and treatment. Over the past several years, NCI- supported basic research has led to an unparalleled understanding of the cancer cell. During this time, scientists have discovered that all cancers are genetic diseases. This knowledge, and a continued investment in cancer research, will ultimately allow us to prevent, diagnose, and successfully treat these diseases.

The continuation of NCI’s research program is essential to America’s commitment to further progress against cancer.

The NCI has statutory authority, through the professional judgement or ByPass Budget (Section 413(b)(9) of the Act), to alert the President directly to future cancer research opportunities and their related estimated costs. This narrative serves as a forum to express the NCI’s professional judgement of scientific needs that must be addressed to achieve the eradication of this disease. The ByPass Budget is widely distributed upon request to Congress, research organizations, advocacy groups, and the general public. In order to allow maximum flexibility in addressing emerging areas of scientific research and investment opportunities, we recommend that the authorization of appropriations for the NCI be, such sums as necessary for the full reauthorization period.

Companion legislative proposals have been submitted to delete the separate authorization of appropriations for breast/gynecological cancers, prostate cancer, and cancer control. This proposal would therefore include all activities authorized under PHS Act for cancer research under a single authorization of appropriations.

Effect on Beneficiaries: The beneficiaries of the National Cancer Program are all citizens for whom cancer is prevented and all the cancer patients and their families both in this country and throughout the world. The benefits of NCI-supported research also extend to the pharmaceutical industry, biotechnology, and the scientific research community where untargeted basic research by NCI has already led to tremendous advances.

Cost: Such sums as necessary for the next five fiscal years.

Personnel Requirements: Negligible.

Effective Date: Upon enactment.


NIH-1997/07
6/14/99

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

NIDA Appropriations

Extend Authorization of Appropriations for the National Institute on Drug Abuse

Current Law: Title IV, Sections 464L(d)(1) and 464P(e) of the Public Health Services Act currently authorizes appropriations for the National Institute on Drug Abuse. NIDA conducts and supports biomedical and behavioral research, health services research, research training, and health information dissemination with respect to the prevention of drug abuse and treatment of drug abusers.

Proposal: Extend the authorization for appropriations for such programs at such sums as necessary for five years.

Rationale: Extension of authorization of appropriations for the National Institute on Drug Abuse will ensure continuation of timely research in the areas of drug addiction and recovery.

Effect on Beneficiaries: This proposal will contribute to the public health by ensuring the continuation of research on drug abuse and addiction and the treatment of drug abusers as well as improving the medical, social and economic consequences of drug abuse.

Cost: 464L(d) and 464P(e): Such sums as necessary for each of the five fiscal years.


NIH-1997/08

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Superfund Research and Training Grants

Extend the Dollar Authorization for the National Institute on Environmental and Health Sciences University-based, Basic Research and Training Grants Program in Support of the Comprehensive Environmental Response, Compensation, and Liability Act

Current Law: Section 311 on Research, Development, and Demonstration of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as the Superfund law) was added by section 209 of P.L. 99-499, the Superfund Amendments and Reauthorization Act of 1986. The dollar authorization for section 311 activities is contained in sections 111( c ) (10) and (n) of the CERCLA. CERCLA section 311(a) established a new program of basic research and training, managed by the National Institute of Environmental Health Sciences (NIEHS), to fill the gaps in the scientific information regarding health and environmental effects from the release of hazardous substances into the environment. Studies conducted under the program are to: (1) develop methods and technologies to detect hazardous substances in the environment; (2) advance techniques for the detection, assessment, and evaluation of the effects on human health of hazardous substances; (3) develop methods to assess the risk to human health presented by hazardous substances; and (4) develop basic biological, chemical, and physical methods to reduce the amount and toxicity of hazardous substances. Sections 111 and 311 of the CERCLA permit NIEHS to use up to ten percent of funds to train scientists and other professionals necessary to protect human health and the environment from the harmful affects of the transportation, storage, and permanent disposal of hazardous substances.

Proposal: Extend the funding authorization contained in section 111(c)(10) and section 111(n)(2) of the CERCLA through Fiscal Year 2003. Such an extension would provide support for the NIEHS basic research and training program at a level that would enhance significantly the scientific and technical base for the cleanup program, and provide for the training of scientists and other professionals required for decisions made by the Environmental Protection Agency (EPA), the Department of Energy (DOE), and the Department of Defense (DOD) in the management of hazardous substances at abandoned waste sites.

Rationale: The NIEHS Superfund basic research and training grants program provides environmental technologies for commercial markets and scientific knowledge needed by Superfund administrators and program officials so they can fulfill their responsibilities regarding safe disposal of toxic wastes and emergency response to accidental release of hazardous substances.

The Superfund law requires that EPA assess each site proposed for remediation and “select a remedial action that is protective of human health and the environment, that is cost-effective, and that utilizes permanent solutions…to the extent practicable.” Site prioritization must be based on sound information regarding the risks that the site presents before remediation. Selection of the most cost-effective cleanup option can only be made if there are good data to support reduction of environmental contamination to levels that are permanently protective. Cleanup activities have been completed at more than 340 sites with over 1,300 remaining on the National Priorities List and more than 5000 waiting for assessment.

The NIEHS Superfund basic research and training program’s primary goal is to provide a unique opportunity for the researchers from the biomedical sciences, engineering, ecology, and the geosciences to explore the scope of the problems of uncontrolled hazardous waste and seek solutions. No other agency provides support for this kind of multidisciplinary research effort. The Program is designed to provide a broader and more detailed body of scientific information to be used by state, local, and federal agencies and by private organizations and industry in making decisions related to the management of hazardous substances. To accomplish its goals and objectives, the NIEHS presently supports 17 grants at 69 institutions throughout the United States which encompass 134 individual research projects involving more than 1000 scientists. Continued support of these scientists in their collaborative efforts is crucial to protect those at risk from the health hazards of toxic waste sites.

The basic research and training program conducted by NIEHS’s grantees should be reauthorized so that it can continue to provide the scientific knowledge required by Superfund program managers to select the best remedial action and to evaluate the health and safety, and effectiveness of those decisions. Continued development in the area of technology transfer is especially critical in expediting the transfer of the Program’s basic research findings to applied research and ultimately to the demonstration and commercialization of this technology. In addition, this program provides most of the support for multidisciplinary training of scientists and other health professionals.

The FY98 proposed budget is based on H.R. 228, Superfund Reform Act of 1995, and would allow for the continued funding of the current 17 programs and for funding of additional grants to meet programmatically relevant scientific goals and objectives in a second competition. Out years reflect adjustments for inflation.

Lack of basic understanding of fundamental environmental processes and health affects will hinder effective, timely, and cost-effective remedial actions. Lack of adequate information about the effects of hazardous substances on human health will also hamper the ability to assess risks, issue appropriate standards, and task enforcement actions.

Effect on Beneficiaries: There are over 1,300 abandoned toxic chemical waste disposal sites on the National Priority List complied by the EPA. These sites contain hundreds of extremely hazardous compounds which contaminate the air, soil, food, and water around them. One in four Americans lives within four miles of an NPL site. Tens of thousands of people have been and will continue to be exposed to the contents of these sites unless effective remediation occurs. The EPA, with the cooperation of state and local government officials, private industries, and academic institutions have the responsibility for containing or destroying these substances and protecting the affected people and environments. The research studies to be conducted under the NIEHS program would improve and strengthen the environmental remedies and help protect the health and food/water supply of the persons living and working near the sites.

Cost: Such sums as necessary for the next five fiscal years.

Effective Date: Upon enactment.


NIH-1997/09

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Superfund Worker Safety Training Grants Program

Extend the Dollar Authorization for the Program of Grants for the Training and Education of Workers Who are or May be Engaged in Activities Related to Hazardous Waste Removal or Containment or Engaged in Response to Emergencies Involving Releases of Hazardous Substances

Current Law: Section 126(g) of P.L. 99-499, the Superfund Amendments and Reauthorization Act of 1986 (SARA), establishes a worker training grants program to be administered by the National Institute of Environmental Health Sciences. [This is a stand alone provision in SARA and not an amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as is the other authority given to NIEHS under P.L. 99-499.] The purpose is to make grants for the training and education of workers and their first-line supervisors, as well as for training of emergency response personnel (e.g., fire fighters and police officers), in appropriate actions to protect themselves and bystanders from dangers of exposure to hazardous substances. Authorization for funding through FY 1994 for SARA section 126(g) grants is included in section 111(c)(12) of CERCLA at not to exceed $20 million for each fiscal year.

Proposal: Reauthorize, for five years, section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 to continue support for grants to train workers, supervisors, and emergency response personnel engaged in hazardous waste management and emergency response by amending section 111(c)(12) of CERCLA.

Rationale: In the NIEHS program, not-for-profit organizations instruct workers and their supervisors and emergency response personnel on how to prevent harmful exposures to themselves and to the community to hazardous substances at abandoned waste sites, at licensed disposal sites, and at the scenes of potentially catastrophic releases of hazardous substances.

There are over 30,000 abandoned chemical waste sites known to exist in the U.S. Over 1,300 of these are considered by the EPA to present an unacceptable health and environmental threat; their contents must be immobilized, removed, or destroyed. Such operations require intensive manual labor and are extremely dangerous to site workers and their supervisors. There are approximately 5,000 active hazardous disposal sites currently in operation which pose risks to workers. Moreover, dozens of areas severely contaminated by low and high level radioactive wastes must be cleaned up. Each day, somewhere in the United States, an industrial facility experiences a fire or explosion or a train or truck crash releasing reactive, explosive, corrosive, or toxic substances. Among the first to appear at these incidents are fire fighters and police, who then are in peril of death or severe injury. These workers are the first line of defense against a public health catastrophe, but in carrying out their duties they are at greatest risk of harm if they are not trained to recognize and avoid actions which are dangerous.

Safe and permanent disposal or destruction of hazardous wastes continues to be a national priority. Special efforts are required to train and educate workers, particularly those engaged in federally mandated environmental programs. In 1989, the Department of Labor promulgated regulations for the protection of workers in hazardous waste management and emergency response operations as required in the 1986 reauthorization. These regulations are comprehensive, detailed, and require that 40 or more hours of training be given before workers are employed. The NIEHS grants for training site workers and emergency response personnel have set the standard for such training programs.

The DOL estimates at least 1.758 million persons are covered by federal regulations to protect hazardous waste management workers and emergency response personnel. Efforts over the past nine years by NIEHS have provided training to over 400,000 workers, supervisors, and emergency response personnel.

Support of this model training program should continue for so long as there is a need for workers to be engaged in the particularly dangerous professions of collecting and transporting hazardous waste materials; operating in the newly developed technologies related to hazardous waste disposal; and responding to emergencies involving toxic substances.

Effect on Beneficiaries: The effects and benefits from this program are clear. Site workers, supervisory staff, and emergency response personnel are protected through the prevention of acute injuries, acute and chronic illnesses, and adverse reproductive outcomes. The training contributes to employee morale and productivity by increasing professionalism and insuring a healthier work force. Societal benefits accrue from the training program through the reduction of time lost from occupational illness and injury and of costs to workers compensation programs for the treatment of exposure-related long-term illnesses and serious injuries.

Cost: Such sums as necessary for the next five fiscal years.

Effective Date: Upon enactment.


NIH-1997/10

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Contraception and Infertility Research

Reauthorize appropriations for National Institute of Child Health and Human Development Research Centers with respect to contraception and infertility and eliminate the requirement limiting the number of centers.

Current Law: The National Institutes of Health Revitalization Act of 1993, P.L. 103-43, Title IV, section 452A(g) of the PHS Act [42 U.S.C. 285g-6] provided that “For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.” In addition, section 452A(b) of the PHS Act [42 U.S.C. 285g-5] states that “In carrying out subsection (a), the Director of the Institute shall, subject to the extent of amounts made available in appropriations Acts, provide for the establishment of three centers with respect to contraception and for two centers with respect to infertility.”

Proposal: Reauthorize appropriations for the National Institute of Child Health and Human Development Contraception and Infertility Research Centers for five years and delete statutory language which limits the number of such centers that may be funded.

Rationale: The statutory authorization of the NICHD Contraception and Infertility Research Centers enhanced the Institute’s initiative to expand and strengthen its activities in the areas of contraception and infertility research, as well as established the mandate of Congress to make research in these areas a high priority for the Institute. Statutory reauthorization of the NICHD Contraception and Infertility Research Centers for the next five fiscal years would renew the mandate of Congress and reenforce the Institute’s efforts in these areas of research. Repealing the words “three” and “two” in section 452A(b) would eliminate the requirement to establish three Contraception Research Centers and two Infertility Research Centers, which began as a “floor” but has become a “ceiling” limiting the possible expansion of these research centers programs.

Cost: Such sums as necessary for the next five fiscal years.

Personnel Requirements: There would be no additional personnel needed.

Effective Date: Upon enactment.


NIH-1997/11

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Authorities of the NIH Director

Provide the Authorities of the National Research Institutes to the NIH Director So That They May Be Delegated to NIH Components as the NIH Director Deems Appropriate

Current Law: The PHS Act provides authorities to each national research institute but not to other NIH components (for example, CC, NCRR, FIC, NLM, OSE and CIT.) Many of these authorities have been made available to NIH components through other statutory provisions or delegation of authority from the NIH Director.

Proposal: Amend Section 402 of the PHS Act to provide the authorities of the national research institutes found in Section 405 of the PHS Act to the NIH Director, so that they may be delegated to other NIH components as the NIH Director deems appropriate.

Rationale: Certain authorities were provided for the Directors of “national research institutes” but not to the Directors of the Clinical Center, the National Center for Research Resources, Fogarty International Center, the National Library of Medicine, the NIH Office of Science Education, the Division of Computer Research and Technology, or other NIH components. Providing these legislative authorities to the NIH Director would enable the NIH Director to delegate these authorities to NIH components as the NIH Director deems appropriate. For example, authorities:

  1. to make awards ($50,000 or less) without the requirement of Advisory Council approval. This would allow an NIH component to expedite and support pilot studies or offer support to investigators at smaller institutions interested in developing research activities;
  2. to support demonstrations and programs about the results of clinical practice and disease prevention. This would allow an NIH component to disseminate information and support technology transfer concerning basic and clinical research they support; and
  3. to publish, other than through the Government Printing Office. This would allow an NIH component significantly greater flexibility and ability to make optimum arrangements for publishing materials.

Cost: None.

Personnel Requirements: None.

Effective Date: Upon enactment.


NIH-1997/12

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

National Heart, Lung and Blood Institute

Extend Authorization of Appropriations of the National Heart, Lung, and Blood Institute.

Current Law: Section 425 of the PHS Act, as amended by section 504 of P.L. 103-43, authorizes appropriations for Fiscal Years 1994 through 1996 for the NHLBI.

Proposal: Authorize appropriations for NHLBI research activities and training and prevention and control programs for five years.

Rationale: The Institute's broad mandate addresses the needs of Americans for better health through increased understanding; more effective treatment; and earlier prevention of heart, blood vessel, lung, and blood diseases. Recently, sleep disorders also became part of the NHLBI mission. NHLBI research activities are complemented by the Institute's professional and public education programs including the National High Blood Pressure Education Program, National Cholesterol Education Program, National Asthma Education and Prevention Program, and National Heart Attack Alert Program.

The success of past investments illustrates the potential achievements of future research. For example, age-adjusted coronary heart disease death rates declined 53 percent between 1970 and 1993, and rates for stroke declined 60 percent. Infant mortality rates are now at a historic low, in large part because of improvements in our ability to treat and prevent respiratory distress syndrome, a common lung complication of prematurity. Life expectancy for people afflicted with inherited diseases, such as cystic fibrosis and sickle cell anemia, has soared as research has provided new skills to combat the devastating complications of these illnesses.

However, many challenges remain. Cardiovascular, lung, and blood diseases within the Institute's purview still account for 52 percent of all deaths in the United States. Further, although significant progress has been made in averting deaths, success has been accompanied by a large increase in the number of Americans who suffer from chronic diseases such as congestive heart failure and emphysema. These conditions seriously reduce the quality of life of affected individuals and can lead to significant expenditures for hospitalizations, physician visits, drugs, and other forms of health care. Continued research in these and related areas is essential to improving the health status of the American people.

Effect on Customers: The American people, the health professions, and the biomedical research community would all be favorably affected.

Impact on Partners: This proposal does not directly regulate States or interfere with or displace essential State functions. It does not attach conditions to grants that are not related to the purpose of the grant or preempt State Law as discussed in E.O. 12612.

Cost: Such sums as necessary

Effective Date: Upon enactment.


NIH-1997/13

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

National Library of Medicine

Reauthorize Appropriations for the National Library of Medicine

Current Law: Title IV, Part D of the Public Health Service Act provides authority for the National Library of Medicine (NLM) to assist the advancement of medical and related sciences and to aid the dissemination and exchange of scientific and other information. The existing appropriation authority expired on September 30, 1996.

Proposal: Reauthorize the appropriations authority for the National Library of Medicine for five years.

Rationale: Reauthorization of the National Library of Medicine programs will ensure the timely dissemination of scientific information, an integral part of the research process. Utilized primarily by health professionals, including clinicians, researchers, and educators, the biomedical and specialized toxicology information services available from the NLM are critical to the nation's health. The world's largest research library in a single scientific and professional field, the NLM acquires, organizes, and preserves materials in all major areas of the health sciences and serves as a national resource for all U.S. health science libraries. The Library conducts important research and development programs in biomedical communications designed to apply advanced computer and communications to medical information. Under the National Center for Biotechnology Information, the Library manages and distributes the rapidly growing body of information in the field of molecular biology, particularly genetic sequence information. The Library's extramural program provides a range of grants relating to the management, dissemination, and use of medical knowledge. Authorized since 1965 under the Medical Library Assistance Act, these grants seek to improve biomedical communication and knowledge access and continue to represent the only Federal programs focusing on information issues that concern the entire health community.

Effect on Beneficiaries: The NLM programs ensure that all who need medical information are able to access it. The Library's extensive collections, sophisticated information services, research and development programs, and grants are important to the public health.

Authorization Level: Such sums as may be necessary for the next five fiscal years.


NIH-1997/14

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

National Institute of Mental Health

Reauthorize the National Institute of Mental Health.

Current Law: Title IV, Section 464R(f)(1) of the Public Health Service Act currently authorizes appropriations for the National Institute of Mental Health (NIMH) at $675,000,000 for FY 93 and such sums as necessary for FY 94. The National Institute of Mental Health conducts and supports biomedical and behavioral research, health services research, research training and health information dissemination with respect to the cause, treatment, control and prevention of mental illness.

Proposal: Extend the authorization for appropriations for such programs for five years.

Rationale: Authorization for appropriations to the National Institute of Mental Health expired in FY 94. A five year reauthorization will place the NIMH on the same authorization cycle as the National Cancer Institute and the National Health, Lung and Blood Institute. There is a compelling need to continue to fund the programs of the NIMH. NIMH research has brought hope and relief to millions of people with mental disorders, their families and their friends. More than 5 million people suffer from such severe illnesses as schizophrenia, major depression, manic-depressive illness and obsessive-compulsive disorder.

Effect on Beneficiaries: Mental Illnesses cost the nation a staggering $148 billion in 1990 for direct and indirect costs. Improved treatments and services that result from NIMH research can greatly lower these costs to individuals and society.

Federalism Impact: This proposal does not directly regulate States nor interfere nor displace essential State functions; attach to grants conditions that are not related to the purpose of the grant or preempt State law.

Cost: Such sums as necessary for the next five fiscal years.

Personnel Requirements: No additional personnel required.

Effective Date: Upon enactment.


NIH-1997/15
5/18/00

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Reauthorize Comprehensive Plan for AIDS Research

Reauthorize the Comprehensive Plan, Bypass Budget, and Consolidated Appropriations for the Office of AIDS Research

Current Law: Section 2353 of Public Law 103-43, the NIH Revitalization Act of 1993, stipulates that with respect to Fiscal Years 1994 through1996 the Director, OAR, shall establish a comprehensive plan for the conduct and support of all AIDS activities of the National Institutes of Health and assure that all amounts appropriated for such activities are expended in accordance with the Plan; shall prepare and submit directly to the President for review and transmittal to the Congress a budget estimate for carrying out the Plan for the fiscal year, after reasonable opportunity for comment (but without change) by the Secretary, the Director of the National Institutes of Health, and the advisory council established under section 2352; and shall receive directly from the President and the Director of the Office of Management and Budget all funds available for AIDS activities of the National Institutes of Health for distribution to the Institutes, Centers and Divisions according to the priorities of the comprehensive plan.

Proposal: Reauthorize Section 2353 of the PHS Act – with the exception of portions of Section 2353(c)(1)(A) that restrict the Department of Health and Human Services, OMB and the President, from the exercise of their normal budget responsibilities and authority – for five years to provide continuing direction and coordination of NIH AIDS research, as well as to chart a new course for the future.

Rationale: The NIH Revitalization Act restructured the way the NIH carries out AIDS research, investing primary responsibility for planning, coordinated and funding all AIDS-related research in the OAR. The planning and budget process developed by OAR, in response to the need for a more focused and targeted NIH AIDS program, symbolizes a turning point in the conduct of AIDS research. It provides the opportunity for the NIH to set in place refocused scientific priorities and to shift resources to meet these priorities. This inclusive process, involving representation from each of the NIH Institutes and Centers, nongovernment researchers, both in AIDS and other related disciplines, and community leaders in AIDS, results in formation of a consensus regarding the formulation and prioritization of the objectives that will guide research within each of the areas of research emphasis.

The Congress strongly believed that in order to meet the growing challenge that AIDS presents, a more focused and coordinated response from the NIH was necessary. The AIDS research effort is unlike any other research program of the NIH, in that every Institute and Center conducts or supports AIDS research. Furthermore, the management of this complex $1.3 billion portfolio requires a unique and unprecedented level of scientific oversight to ensure collaboration and minimize duplication in a united research front against the epidemic. Particularly at a time of budgetary constraints, effective management of this portfolio, to take advantage of the scientific opportunities, is more critical than ever. The authority provided by the single appropriation will allow the Director of OAR to effectively bring about the efficient redirection of research across all of the institutes by managing the research resources based on sound scientific judgment, without seriously damaging ongoing programs, and taking advantage of the most promising scientific avenues.

Effects on Customers: AIDS is now the leading cause of death among all Americans aged 25 to 44 years. These deaths are disproportionately disruptive to society, as this age group constitutes the majority of the civilian labor force. More than 440,000 cases of AIDS, including more than 6,000 among children, have been reported to the Centers for Disease Control since the epidemic was first recognized. More than 250,000 people in the U.S. have died from AIDS or AIDS-related causes. In the United States today, one person dies of AIDS every eight minutes. Approximately one million Americans are estimated to be HIV-infected. The epidemic has undergone striking demographic changes with more than half the new cases of AIDS occurring in women, children and adolescents, particularly among minority populations.

Worldwide, more than 985,000 cases of AIDS have been reported to the World Health Organization from more than 160 countries, and WHO estimates that 18 million adults and 1.5 million children have been infected since the late 1970s. WHO also estimates that by the year 2000, between 30 and 40 million people will become HIV-infected. The epidemic is now spreading faster in Asia than anywhere else in the world. Heterosexual transmission is the predominant mode of transmission worldwide. In the U.S., cases of heterosexually transmitted AIDS have increased 114 percent in adult and adolescent makes and 139 percent in adult and adolescent females from 1992 to 1993. There is an alarming increase in HIV infection among adolescents (aged 10 to 18 years), as demonstrated by the growing number of 20 to 20 year olds with AIDS who acquired HIV infection during adolescence.

These striking statistics indicate that there can be no lessening of our effort to master this disease. A well-planned and coordinated research response is critical to manage resources and capitalize on scientific opportunities to prevent, treat, and control this devastating pandemic.

Cost: Such sums as necessary for the next five fiscal years.


NIH-1997/17

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

National Research Service Awards

Reauthorize the National Research Service Award Programs.

Current Law: Section 487, Part G of the Public Health Service Act provides authority to the Secretary of the Department of Health and Human Services for National Research Service Awards (NRSA) programs which support predoctoral and postdoctoral training in biomedical, behavioral and clinical sciences. The existing appropriation authority expired September 30, 1996.

Proposal: Reauthorize the appropriations authority for five years.

Rationale: Under Section 487, the National Institutes of Health (NIH), the Agency for Health Care Policy and Research (AHCPR), and the Health Resources Services Administration (HRSA) make training grant and fellowship awards to support predoctoral and postdoctoral training. Training grants are awards to non-Federal public and non-profit private institutions of higher learning. Under a training grant, the principal investigator selects the graduate students and postdoctorates for appointment and support under this program. Section 487 also authorizes fellowship awards to individual graduate students and postdoctorates who are pursuing training in a health- related areas. Fellowships may be sponsored by Federal and non-Federal, for profit and non-profit research institutions.

Since the NRSA programs were first authorized in 1974, they have been evaluated on a periodic basis and modified to ensure that a well-trained cadre of scientists will continue to be available to solve the biomedical research questions of the future. Over the years, more than 130,000 individuals have received support for graduate or postdoctoral training under this program. At the current time, approximately 9 percent of all full-time graduate students in biomedical sciences receive support from NRSA. Career outcome studies have shown that recipients of NRSA support have longer and more productive scientific careers than graduate students and postdoctorates that received comparable training but without NRSA support. The quality of the programs is reflected in recommendations in the 1995 report from the Committee on Science, Engineering, and Public Policy of the National Academy of Sciences, Reshaping the Graduate Education of Scientists and Engineers. This Committee recommended that all Federal agencies should adopt the NRSA research training grant as a model for graduate research training support.

Effect on Beneficiaries: The NRSA programs provide stipend and tuition support for predoctoral and postdoctoral trainees and fellows in biomedical and behavioral research. These programs ensure that the training is relevant to the Nation’s needs for health-related research and is of the highest quality available.

Authorization Level: Such sums as necessary for the next five fiscal years.


NIH-1997/19

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Director’s Discretionary Fund

Reauthorize the Discretionary Fund of the Director of the National Institutes of Health.

Current Law: Section 402 of the Public Health Service, as amended by section 206 of the National Institutes of Health Revitalization Act of 1993 (P.L. 103-43), establishes a fund for use by the Director of NIH to carry out the activities authorized for the National Institutes of Health.

Proposal: Reauthorize the Director of NIH’s discretionary fund for five years.

Rationale: Reauthorization of the fund will allow the Director, NIH to continue to provide for research on matters that have not received significant funding relative to other matters, respond to new issues and scientific emergencies, act on research opportunities of high priority and support research that is not exclusively within the authority of any single agency of the Institutes. The Director, NIH will continue to support high priority, cross-cutting scientific research.

Cost: Such sums as necessary for the next five fiscal years.

Effective Date: Upon enactment.


NIH-1997/30

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Modernization and Construction of Research Facilities

Reauthorize the Modernization and Construction of Biomedical and Behavioral Research Facilities and Terminate the Board

Current Law: The Modernization and Construction of Facilities is authorized under Title IV, Part E, Subpart 1, Section 481A of the Public Health Service (PHS) Act. The existing appropriation authority expired on September 30, 1996. Section 481A(b) established the Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities.

Proposal: Reauthorize the appropriation authority for the Modernization and Construction of Facilities under Section 481A of the PHS Act for five additional years.

Terminate the Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities by deleting Section 481A(b).

Rationale: Reauthorization of the appropriations authority for the Modernization and Construction of Facilities would allow the Federal Government to continue to make grants to public and non-profit private entities to expand, remodel, renovate, or alter existing research facilities or construct new research facilities. Termination of the Board is recommended because the Board is performing functions more appropriately performed by the existing National Center for Research Resources (NCRR) initial review group and the National Advisory Research Resources Council. Using these two entities would also ensure continuity, experience, and uniformity of scientific peer review. In addition, termination of the Board is consistent with NIH streamlining efforts and Executive Order No. 12838, dated February 10, 1993, entitled “Termination and Limitation of Federal Advisory Committees.”

Cost: Such sums as necessary for the next five fiscal years.

Personnel Requirements: None.


NIH-1997/31

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Regional Primate Research Centers Construction

Extend Authorization of Appropriations for the Construction of Regional Primate Research Centers

Current Law: Title IV, Part E, Subpart 1, Section 481B of the Public Health Service (PHS) Act provides authority for grants and contracts to be made to public and nonprofit private entities to construct, renovate, or otherwise improve such regional primate research centers. Section 481A(h) authorizes the appropriations for this construction. The existing appropriation authority expired on September 30, 1996 (NIH-1997/30 extends authorization of appropriations for 481A(h)).

Proposal: Reauthorize the appropriation authority for the Regional Primate Research Centers, Section 481B of the PHS Act, for five years.

Rationale: Reauthorization of the appropriations authority for the Regional Primate Research Centers would allow the Federal Government to continue to make awards of grants and contracts to public and nonprofit entities to construct, renovate, or otherwise improve such regional primate research centers.

Effect on Beneficiaries: The number of research facilities benefitting from this proposal depends on existing funding levels.

Federalism Impact: None

Cost: Such sums as necessary for each of the five fiscal years.

Personnel Requirements: None

Effective Date: Upon enactment.


NIH-1997/33

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Definition of Construction

Correct Cross-Reference Related to Construction Definition in Centers Authority To Restore an Inadvertently Eliminated Definition for Construction.

Current Law: NIAAA's alcohol research centers authority [Sec. 464J(b)] contains language that declares that "No funds provided under a grant . . . may be used for the . . . construction . . . of any building." By referring to another section of law [Sec. 701(1)], NIAAA's authorizing language should provide a definition of construction. Unfortunately, the referenced section of law was eliminated during work on another bill. Current NIAAA law states, in PHS Act Sec. 464J(b) that "the term "construction" has the meaning given by section 701(1)."

Section 701(1) no longer exists; thus, the PHS Act sentence above is obsolete and is footnoted in the most recent Compilation of Health Law to indicate that, concurrent to the passage of P.L. 102-321, Congress was passing another law, P.L. 102-408, which eliminated the definition of construction now in former section 701(1).

Proposal: Place into NIAAA's current authorizing language [464J(b)] the long-used definition of construction that appeared, prior to elimination, in PHS Act "Health Law" as amended through July 31, 1991, House Committee on Energy and Commerce, Committee Print 102-L, August 1991, Title VII, Section 701(1); and eliminate the current reference to the now non-existent section of law [701(1)].

Rationale: Inadvertently during the passage of another law [Health Professions Education Extension Amendments of 1992 (P.L. 102-408)], a definition referred to by NIAAA for construction was eliminated. That definition had been referenced in NIAAA's alcohol research center's authority language to prohibit research grant funds from being used for construction; it had served us well for many years. Due to this inadvertent elimination, NIAAA is currently operating without a statutory definition for construction. This proposal will merely reinstate the definition NIAAA had been using.

By placing the definition in NIAAA's own authorizing section, an inadvertent elimination cannot occur again. The definition prevents possible problems in the Administration of grants; i.e., without the definition, disagreements could arise between the Institute and it's grantees as to what constitutes construction and the prohibition against the use of grant funds for construction.

Cost: None.


NIH-1997/36

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Deletion of Authorization for Earmark

Delete Authorization of Appropriations Cancer Control

Current Law: Section 417B of the Public Health Service Act requires that 10 percent of the National Cancer Institute’s budget be applied to cancer control activities for fiscal year 1996 and for subsequent fiscal years.

Proposal: Delete the authorization of appropriations for cancer control from the Public Health Service Act.

Rationale: Authorizations of appropriations at specific levels restrict NCI’s ability to draw on the planning mechanisms of the Institute. The NCI relies on advice from its staff, its advisory boards and scientific counselors, working groups of non-NCI cancer research experts, and advocacy organizations to determine its priorities and future research directions. These decisions are based on current knowledge as well as the experts’ understanding of likely technological innovations. If specific funding levels are set for research pursuits, the Institute's ability to change direction quickly, and/or fund the most promising research based on scientific merit, is undermined. The specific mandate that 10 percent of NCI’s budget be applied to cancer control reduces the flexibility of the NCI Director to address the priorities set through NCI’s comprehensive planning process, and could slow the Institute’s ability to capitalize on research breakthroughs. Cancer control is part of the NCI’s mandate, and will remain a compelling priority for the National Cancer Program. Elimination of the earmark simply offers the opportunity for NCI to fund the research that is the most promising, most important, and of the greatest potential benefit to the public.

Effect on Beneficiaries: This proposal would benefit the public by enhancing and strengthening the National Cancer Program. It would allow for public research dollars to be expended on the most promising cancer research and it would increase the opportunities for the NCI to make progress in the prevention, treatment and cure of cancer.

Federalism Impact: None

Cost: None

Effective Date: Upon enactment


NIH-1997/37

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Breast and Prostate Cancer Plans

Delete Requirements for Developing and Submitting to Congress Breast and Prostate Cancer Research Plans.

Current Law: Sections 417(c)(2) and 417A(C)(2) of the Public Health Service Act (the Act) require the National Cancer Institute (NCI) to develop a plan to ensure expansion of activities for breast cancer and prostate cancer research, respectively, for submission to Congress and the President's Cancer Panel.

Proposal: Delete these reporting requirements.

Rationale: These requirements are duplicative. The NCI already has authority through the professional judgement or ByPass Budget mechanism (Section 413(b)(9) of the Act) to alert the President directly to future cancer research opportunities. The ByPass narrative comprehensively describes the broad view of NCI's cancer research plan, and includes very detailed reviews of research plans for both breast and prostate cancer. The ByPass Budget is widely distributed upon request to Congress, research organizations, advocacy groups, and the general public.

The breast and prostate cancer plans submitted in response to this Act were drawn directly from the FY1995 ByPass Budget. Likewise, future research plans in breast and prostate cancer will be included in the NCI ByPass Budget. The Act also requires that the NCI Director include reports of progress made in breast and prostate cancer research in the biennial reporting requirement of the NIH. Therefore, under current law, breast and prostate cancer research plans and reviews are now required to be transmitted through three separate reporting activities. This proposal would reduce this number to two, and reduce the paperwork flowing from NCI through the Department to Congress.

Cost: None.

Personnel Requirements: Negligible.

Effective Date: Upon enactment.


NIH-1997/39

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Advisory Panel

Repeal section 1902 of the NIH Revitalization Act of 1993.

Current Law: The NIH Revitalization Act of 1993, section 1902, mandates the establishment of an advisory panel to oversee the design, implementation and evaluation of two studies relating to malnutrition in the elderly.

Proposal: Repeal section 1902 of the NIH Revitalization Act of 1993 requiring the establishment of an advisory panel to oversee the design, implementation and evaluation of two studies relating to malnutrition in the elderly and include this proposal in the Omnibus bill "Federal Advisory Committee Termination Act" to delete the requirement for this committee.

Rationale: In lieu of establishing such a committee, National Institute on Aging staff have held numerous meetings with concerned members and staff of the congressional authorizing and appropriation committees, the U.S. Senate Special Committee on Aging, the professional community and other Federal agencies and have kept them informed of efforts to develop a research strategy. This action is consistent with Executive Order 12838, "Termination and Limitation of Federal Advisory Committees" and with OMB A-135, "Management of Federal Advisory Committees," to reduce the number of non- discretionary committees (mandated by statute).

Cost: None.

Personnel Requirements: None.

Effective Date: Upon enactment.


NIH-1997/41
6/14/99

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Repeal Obsolete Committees

Eliminate certain advisory committees that no longer carry out the purposes for which they were established.

Current Law: The following committees have been established in current law, but no longer carry out the purposes for which they were established:

Proposal: Repeal the sections of current law that established these obsolete committees.

Rationale: This proposal is consistent with the Federal Advisory Committee Act (P.L. 92-463), Executive Order 12838, “Termination and Limitation of Federal Advisory Committees” and with OMB Circular A-135, “Management of Federal Advisory Committees,” to reduce the number of Federal Advisory Committees. The elimination of these committees will result in significant savings of staff time and resources and alleviate unnecessary reporting requirements. The following is a list of the ten committees to be terminated:

Effect on Beneficiaries: None.

Federalism Impact: None

Cost: Adoption of this proposal requires no additional appropriation.

Personnel Requirements: None.

Effective Date: Upon enactment.


NIH-1997/42
6/14/99

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Centers Authority

Correct an Obsolete Cross-Reference to Construction Definition in NIDA's Multidisciplinary Centers Authority.

Current Law: Section 464N of the Public Health Service Act (42 U.S.C. 285o-2), as added by sec. 123(b) of the ADAMHA Reorganization Act [P.L. 102-321] and amended by sec. 2(a)(4) of the Public Health Service Act Technical Amendments Act [P.L. 102-352], authorizes the Director of the National Institute on Drug Abuse to designate and to make annual grants to multidisciplinary National Drug Abuse Research Centers. This statutory authority, like its model (sec. 464J PHSA administered by the National Institute on Alcohol Abuse and Alcoholism), prohibits use of these grant funds for construction of any building and specifies that "... the term 'construction' has the meaning given that term by section 701(1)[PHSA]." Section 701(1) no longer exists, having been eliminated by legislation (unrelated to the NIDA and NIAAA Centers authorities) enacted on October 13, 1992.

Proposal: Replace the obsolete statutory citation with the definition of “construction” stated in the August 1991 edition of the Health Law volume of Compilation of Selected Acts Within The Jurisdiction of The Committee On Energy And Commerce [Committee Print 102-L], p. 347.

That definition reads as follows:

“The terms ‘construction’ and ‘cost of construction’ include (A) the construction of new buildings, the expansion of existing buildings, and the acquisition, remodeling, replacement, renovation, major repair (to the extent permitted by regulations), or alteration of existing buildings, including architects’ fees, but not including the cost of acquisition of land or offsite improvements, and (B) initial equipment of new buildings and of the expanded, remodeled, repaired, renovated, or altered part of existing buildings; but such term shall not include the construction or cost of construction of so much of any facility as is used or is to be used for sectarian instruction or as a place for religious worship.”

Rationale: Three months after the enactment of NIDA’s sec. 464N Centers authority, Congress enacted the Health Professions Education Extension Amendments of 1992 [P.L. 102-408]. That law amended Title VII of the Public Health Service Act generally and, in so doing, removed the sec. 701(1) definition of "construction". As a result, the cross-reference to sec. 701(1) in NIDA's (and NIAAA's) Centers authority has been rendered obsolete and ineffective. The remedial legislative proposal outlined above may help to prevent possible future problems in administering the Centers authority and to enforce compliance with the statutory restrictions on use of grant funds.

Cost: None.

Personnel Requirements: None.

Effective Date: Upon enactment.


NIH-1997/49

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

NHGRI Statutory Designation

Establishment in statute the NHGRI as a National Research Institute of the National Institutes of Health.

Current Law: Section 401 of the Public Health Service (PHS) Act describes the organization of the NIH as being composed of two types of “agencies:” the “national research institutes” and the “entities.” The National Human Genome Research Institute (NHGRI) is listed in Section 401(b)(2) of the PHS Act as an “entity” of the NIH and as the “National Center for Human Genome Research” (NCHGR) in Section 485B of the Act.

Proposal: Update the PHS Act to conform to the Secretary’s administrative action to establish the NCHGR as a national research institute of the NIH.

Rationale: Section 401(c)(1) of Title IV of the PHS Act authorizes the Secretary to establish national institutes at the NIH after providing Congress with a 180 day notice. On July 17, 1996, the Secretary sent letters to the Chairmen and Ranking Members of the Senate Committee on Labor and Human Resources and the House Committee on Commerce notifying the Congress of the Secretary’s intent to exercise this authority with respect to the National Center for Human Genome Research. On January 17, 1997, Secretary Donna Shalala conferred institute status on the NHGRI.

The change from an “entity” to an “institute” was budget neutral and did not require an increase of funds or of FTEs. It also did not result in any reorganization or affect employee grades or pay, since the NCHGR already had been organized in the same way as the NIH institutes.

The proposal, therefore, is technical, and necessary to conform the PHS Act to the action already taken by the Secretary in establishing the NHGRI as one of the national research institutes under Section 401.

Cost: None

Personnel Requirements: None

Effective Date: Upon enactment.


NIH-1997/50

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Cord Blood Donor Confidentiality

Extend Existing Donor Confidentiality Protections to Cord Blood Donors.

Current Law: Section 379 of the Public Health Service Act establishes a National Bone Marrow Donor Registry, and requires, in section 379(c)(5), confidentiality standards to protect marrow donors or potential marrow donors for an unrelated patient. Current law does not include protection for a new class of donors, i.e., infants who donate cord blood stem cells for transplantation.

Proposal: Extend the current confidentiality protections to encompass donors from whom cord blood stem cells are collected at birth for transplantation to unrelated recipients.

Rationale: Cord blood stem cell transplantation donors are not covered by the confidentiality protections the law now provides for bone marrow donors. Such provisions are ethically essential, as situations may arise after transplantation in which the recipient is believed to need additional bone marrow, peripheral blood lymphocytes, or peripheral blood stem cells from the original donor. Donors of cord blood stem cells would have already provided a substantial benefit to the recipient. Neither they nor their families should be exposed to requests for additional marrow or blood that would require invasive and sometimes risky procedures.

Effect on Beneficiaries: Individuals transplanted with cord blood stem cells will not be able to identify the donor if they need additional marrow or blood transplants. The families of donors will not have their identities revealed to recipients. This is consistent with current law protecting the privacy of bone marrow donors.

Federalism Impact: This proposal does not directly regulate States nor interfere with or displace essential State functions. It does not attach conditions to grants that are not related to the purpose of the grant or preempt State Law as discussed in E.O. 12612.

Cost: None.

Effective Date: This provision should be effective upon enactment.


NIH-1997/52
6/14/99

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Threshold Levels for Council Review

Increase grant and cooperative agreement amounts that may be made without National Advisory Council recommendations.

Current Law: Section 405[284](b)(2)(B)(i) and (ii) state that Institutes may award research and training grants and cooperative agreements only if recommended after technical and scientific peer review, and in the case of awards exceeding $50,000 direct cost, only if additionally recommended by the National Advisory Councils.

Proposal: Increase, to $100,000 the direct cost dollar amount for grant and cooperative agreement awards that can be made after scientific and technical peer review but without Council recommendation, and extend this provision to the other agencies of the National Institutes of Health.

Rationale: The proposed changes would update the previously established threshold levels to more accurately reflect contemporary award levels for individual grants, and would enable the Institutes, Centers, and the National Library of Medicine to better organize their workloads and shorten the time from review to award of applications. These changes are consistent with streamlining and reinvention activities at the National Institutes of Health.

Federalism Impact: None

Cost: None

Effective Date: Upon enactment


NIH-1997/53
6/14/99

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

National Advisory Meetings

Allow the Director, Institute heads, and heads of other agencies and entities of NIH to call meetings of advisory councils and committees on an as-needed basis.

Current Law: Sections 406[284a](e), 406[284a](h)(2)(A)(vi), and 406[284a](h)(2)(B) state that the advisory council for each national research institute shall meet at least three times each fiscal year, except that the advisory councils for the National Cancer Institute and the National Heart, Lung, and Blood Institute shall meet at least four times each fiscal year; Section 480[287a](e) states that the advisory council of the National Center for Research Resources shall meet at least three times each fiscal year. Additional requirements regarding frequency of meetings include: President’s Cancer Panel, Section 415(a)(3); Diabetes Mellitus Interagency Coordinating Committee, Digestive Diseases Interagency Coordinating Committee, and Kidney, Urologic, and Hematologic Diseases Interagency Coordinating Committee, Section 429(b); Arthritis and Musculoskeletal Diseases Interagency Coordinating Committee and Skin Diseases Interagency Coordinating Committee, Section 439(b), Deafness and Other Communication Disorders Interagency Coordinating Committee, Section 464E(d), and National Institute of Nursing Research Advisory Council, Section 464X(e) PHS Act).

Proposal: Allow the NIH Director, NIH national research institutes, and other components of NIH, to convene advisory councils/committees on an as-needed basis and eliminate all specific statutory requirements for frequency of such meetings.

Rationale: The proposed changes would provide flexibility to the NIH Director and each component of the National Institutes of Health (NIH) with respect to the number of advisory council/committee meetings held per year. As a result of ongoing streamlining and reinvention at the NIH, including the increasing use of electronic communications media, three (or four) advisory council meetings per year may be excessive. Unneeded meetings are wasteful of resources, including time and effort on the part of both council/committee members and staff and travel expenses and compensation for council/committee members.

Cost: If agencies of the NIH use the requested flexibility to convene advisory council meetings less frequently than required by current statute, some savings will be realized; the amount is difficult to estimate.


NIH-1997/54
6/14/99

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Mandated Research and Progress Reports

Eliminate or Modify Certain Mandated Research and Progress Reports Submitted by the Director of the NIH and the ICs.

Current Law: Under current law, the Director, NIH, Directors of ICs, and NIH components are required to furnish research, progress, and administrative reports to the Secretary or the Congress. See attached list for specific references.

Proposal: Eliminate or modify the requirement of the NIH, the ICs, and other NIH components to provide written reports to the Secretary or the Congress. In order to accomplish this, the Office of the Director, NIH, and the IC Directors have identified the attached list of reports, which are considered wasteful, unnecessary, and an overburden to the NIH.

Rationale: The proposed elimination of these reports or modification of reporting requirements is in accordance with The Paperwork Reduction Act, and with the principles of Vice President Gore’s National Performance Review in as much as they provide a constant burden of the federal workforce. The reports to be eliminated or modified are identified by NIH components in the attachment.

It is proposed that the elimination of these reports or modification of reporting requirements will improve the efficiency of the individual ICs and the NIH in general, by allowing staff to concentrate on the administration of research programs, rather than producing reports for the Congress that are no longer useful. This legislative proposal is consistent with current efforts of streamlining and reinventing Government to make it more efficient and by reducing the burden in the federal workforce, and thereby saving taxpayers money.

Cost: None

Personnel Requirements: Reduction in personnel time and cost.

Effective Date: Upon enactment.

ATTACHMENT

Mandated Reports Elimination/Modification

NIA

Report of the Task Force on Aging Research

Title III of P.L. 101-557 requires the establishment of the Task Force and an annual report to be submitted to the Secretary and to the Congress. National Institute on Aging (NIA) requests that the report be eliminated for three reasons: 91) TFAR is redundant–agencies compromising TFAR already meet as members of the Ad Hoc Interagency Committee on Research on Aging and the Federal Council on Aging Statistics to exchange information and discuss aging research priorities; (2) preparing the TFAR report is a resource-intensive exercise that duplicates efforts involved in the NIA strategic planning process; and (3) the public information/education goals of TFAR are being achieved through a variety of electronic and multi-media strategies initiated since the inception of TFAR.

NIAMS

Arthritis and Musculoskeletal and Skin Diseases Advisory Board Annual Report

[42 USC 285d-7] [Section 442(j) of the PHS Act]

The current charter for this Board expired September 30, 1994, and the Secretary has stated that DHHS will not renew the existing charter. Also, in the 103rd Congress, Senator John Glenn introduced legislation (S. 2463) that would repeal the language establishing this Board. The legislation may be reintroduced in the 105th Congress.

NICHD

Sudden Infant Death Syndrome Research Reports

[42 USC 300c-12] [Title XI, Sections 1122(b) and (c), PHS Act]

Sections 1122(b) and (c) of the PHS Act require two extensive annual reports that are of very limited value to the Congress (or anyone). The authors of these requirements enacted in 1974, former Senators Cranston and Mondale, have long since departed the Congress. SIDS advocacy groups are not likely to oppose the elimination of these two reports.

NIDA

Triennial Report on Drug Abuse

[42 USC 290aa-2] [Title V, Section 503(b)]

The requirement for the Triennial Report on Drug Abuse should be eliminated because this information is already available in a much more timely manner through NIDA publications and through the budget process. Since the enactment of this reporting requirement, NIDA has developed enhanced mechanisms for informing the public and the Congress of important research progress, including monographs and publications such as NIDA notes.

NIAAA

Alcohol and Health – [42 USC 290aa-2] [Title IV, Section 503(a)]

Retain the statutory reporting requirement, but change the frequency to every five years. Current law requires the Secretary to submit to Congress every three years a report (1) containing current information on the health consequences of using alcoholic beverages, (2) containing a description of current research findings made with respect to alcohol abuse and alcoholism, and (3) containing such recommendations for legislation and administrative action as the Secretary may deem appropriate.

NIDDK

The following advisory committee reports have been recommended for termination by NIH, DHHS, and OMB.

Report of the End-Stage Renal Disease Data Advisory Committee – [42 USC 1395rr(c)(7)]. Established by the Secretary February 28, 1990, as amended by P.L. 99-509. This Committee is governed by provisions of P.L. 92-463 as amended.

Section 440A of P.L. 94-562 in 1976 created the Digestive Diseases Interagency Coordinating Committee, which was reauthorized in 1986 by P.L. 99-158. P.L. 99-158 also created the Diabetes Mellitus and the Kidney and Urologic Diseases Interagency Coordinating Committees. In the interest of streamlining Federal activities, the utility of the following annual reports does not justify their continuance:

Report of the Digestive Diseases Interagency Coordinating Committee

Report of the Diabetes Mellitus Interagency Coordinating Committee

Report of the Kidney and Urologic Diseases Interagency Coordinating Committee

[42 USC 285c-3] [Title iv, Section 429, PHS Act]

OSP/OD

Biennial Report of the Director, NIH

[42 USC 283] [Title IV, Section 403 PHS Act]

Eliminate the requirement in Section 403, PHS Act, for the preparation and transmittal to the President and the Congress of the Biennial Report of the Director, NIH. All other requirements for submissions to this report found elsewhere in law should also be eliminated. The information in the report is available in a more timely manner through the Congressional Justification and other documents provided to Congress on an annual and regular basis. Elimination of the report would save resources that could be expended on other necessary activities.

NIDCD

Report of the Deafness and Other Communication Disorders Interagency Coordinating Committee [42 USC 285m-5] [Section 464E(e) of the PHS Act]

Eliminate the requirement for a report of the Deafness and Other Communication Disorders Interagency Coordinating Committee. Pending legislative proposal NIH-1997/53 would change meeting requirement of the Committee to an “as needed basis,” making reporting as statutorily mandated (“not later than 120 days after the end of each fiscal year”) difficult. In lieu of report, exchange of Committee information to occur through List Serve mechanism.


NIH-1997/56

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Eliminate Earmarks

Eliminate designated provisions of law that provide earmarks for NIH programs.

Current Law: Current law contains several unnecessary earmarks for NIH programs. Specifically, these include earmarks for an elderly research center funded by NIAAA and for a designated number of breast cancer and prostate cancer research centers (specialized programs of research excellence--SPOREs) funded by NCI. NIH already has sufficient authority to conduct its programs, and these specific earmarks should be eliminated.

Section 464J of the PHS Act requires the Secretary to make a grant for research on the effects of alcohol on the elderly. Section 417 of the PHS Act requires the Director, NCI, to conduct or support research to expand the understanding of the cause of, and to find a cure for, breast cancer, including the establishment of six breast cancer centers. Similar language is contained in Section 417A of the PHS Act for prostate cancer.

Proposal: Amend NIH statutory authorities by eliminating specific earmarks for an elderly research center funded by NIAAA and the numerical designation of six centers for breast cancer research and six centers for prostate cancer research (specialized programs of research excellence--SPOREs) funded by NCI.

Rationale: In recent years the Congress has enacted numerous statutory earmarks for NIH programs despite the fact that NIH already has sufficient authority to conduct these programs. These earmarks are unnecessary and reduce the flexibility of NIH to adjust priorities to meet changing research needs and opportunities. The earmarks require the establishment and funding of centers and other research programs, provide set-asides of appropriated funds, or contain time-and-dollar-limited authorizations of appropriations for specific NIH programs. These programs should compete for funding as do other programs and, if deemed meritorious, can be continued without the necessity of earmarking funds. NIH has the appropriate peer-review mechanisms in place to ensure that federal dollars are allocated to the most meritorious research programs. Statutory earmarks bypass these mechanisms and arbitrarily require continued funding without permitting an assessment of these programs during times of reduced funding or changing research priorities and opportunities. The national biomedical research effort has a continuing need for such reassessments and can no longer afford, particularly during times of fiscal constraint, to be driven by decisions set in statute in previous years.

Specific earmarks designated in the proposal for elimination are those for an elderly research center funded by NIAAA and the numerical designation of six centers for breast cancer research and six centers for prostate cancer research (specialized programs of research excellence--SPOREs) funded by NCI.

· Elderly Research Center--In the Omnibus Budget Reconciliation Act of 1981, the National Alcohol Research Center grant authority language was changed to require the Secretary to "include in the grants made under this section for fiscal years beginning after September 30, 1981, a grant to a designated Center for research on the effects of alcohol and the elderly.” The same section of law did then, and continues to, provide requirements that the Secretary not approve an application unless it is worthy according to several guidelines.

Elderly research is an area of directed science for NIAAA. Generally research grant applications are approved in the 150-160 priority score range, which is considered superb science; we have received some applications that scored 130 or better. Because the elderly center is directed by law and we only received three grant applications in our last application cycle (two of which were non- responsive to the RFA and unfundable with scores of 298 and 298), our current elderly center grant was approved at a score of 186. This is just about fundable. This center is in its second year of a 5- year approval and the new principal investigator at the Center is making improvements.

When this center's five year grant is up for renewal, NIAAA would prefer not to be in a position where we are forced to fund grant applications receiving lower priority scores and not fund others which received higher scores. In addition, the basic science at the cellular level of gerontology, much less alcohol and aging, is narrow and in its infancy; therefore, we may not receive any fundable applications in the next review cycle. We will then be caught between two conflicting portions of law: one forbidding the funding of poor science, and the other requiring us to fund elderly research.

· Specialized Programs of Research Excellence (SPOREs)--In 1992, the NCI developed SPORE grants concept to foster the translation of basic discoveries into innovative clinical testing and eventual treatment advances in cancer research. Four full SPOREs and five planning grants (P20s) for breast cancer were awarded in 1992. In Fiscal Year 1995, NCI will reissue a Request for Application (RFA) to solicit proposals to fund at least one to two additional breast cancer SPOREs.

There are currently two prostate cancer SPOREs. NCI will reissue Request for Applications (RFA) to solicit new and competing proposals with the aim of funding one to two additional prostate SPORES in 1995.

Breast and prostate cancer are high priority issues for NCI. However, given the uncertainty of budget and high quality applications in any given year, flexibility to support high priority research in these tumors should be the criterion for supporting SPOREs.

Effect on Beneficiaries: The proposal would benefit the national biomedical research effort and would not diminish the opportunity to fund meritorious programs.

Federalism Impact: This proposal does not directly regulate States or interfere nor displace essential State functions; attach to grants conditions that are not related to the purpose of the grant; or preempt State law as discussed in E.O. 12612.

Authorization Level: None.

Personnel Requirements: No additional FTEs are required.

Effective Date: Upon enactment.


NIH-98/34

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Personal Services Contracts

Provide Authority to Use Personal Services Contracts.

Current Law: Civil service laws and 48 CFR 37.104 prohibit the use of personal services contracts unless specifically authorized by statute.

Proposal: Amend the Public Health Service Act to provide the Warren Grant Magnuson Clinical Center, NIH, with the authority to award personal services contracts to meet the operational challenges associated with the Clinical Center's dynamic research and patient care needs.

Rationale: The Clinical Center, the clinical research facility of the National Institutes of Health intramural programs, was established to facilitate the translation of basic science discoveries of intramural and extramural investigators into clinical applications that advance human health and address the nation's health needs. As the world's largest clinical research facility, the Clinical Center provides the intellectual and physical resources necessary to provide rapid responses to a wide spectrum of new research opportunities and agendas. The provision of quality, efficient, and coordinated service and care is essential to accomplishing the clinical research mission of the Clinical Center. Current personnel systems and contract mechanisms limit the Clinical Center from hiring highly specialized employees in a timely fashion, at competitive salaries, for varying lengths of service. Efficiency and performance management are further confounded because mechanisms prevent the continuous supervision and control of contractor staff by Clinical Center employees. This proposal is designed to provide the Clinical Center with alternative methods of securing personnel necessary to meet the needs of our patients, NIH investigators, and the public health constituency. The following examples illustrate the flexibility that personal services contracts would afford the Clinical Center:

Information Systems Support:

The dynamic nature of clinical and administrative information technology requires constant upgrading of existing and development of unique information systems to meet the needs of the Clinical Center investigators, clinicians, and administrators. Authority to use personal services contracts would provide a mechanism to secure skilled employees with highly specific, technical expertise for short term assistance. The personal service contract arrangement would allow Clinical Center employees to supervise directly these employees.

Specialized Clinical Care:

Clinical research protocols often require the provision of specialized clinical care for a defined period of time. Permanent Clinical Center employees may not have the specific expertise necessary to support a clinical research initiative. For example, a three-year clinical research protocol may involve a large volume of patient activity requiring a highly technical clinical intervention (e.g., hemodialysis) that the Clinical Center nursing department or other clinical departments are unable to support with the available skill mix. Personal service contracts would allow the Clinical Center to hire specialized practitioners, for varying lengths of time, at competitive wages to provide services, that otherwise are not necessary for hospital operations or patient care. This contract arrangement will provide the Clinical Center with the personnel resources necessary to meet the changing clinical research agenda.

Medical Consultative Services:

Clinical Center patients often require specialty or subspecialty medical care not available at the Clinical Center (e.g., orthopedic surgery, podiatry, gastroenterology). To assure quality care for these Center patients, services must be available; however, the generally low volume needs for these specialized services does not warrant hiring a full-time permanent medical staff employee. In addition, the inability to compensate medical staff under current government pay systems complicates the ability to secure quality practitioners. Historically, the CC has used a variety of arrangements, formal and informal, to provide these services. Because of the informal nature of many of these service arrangements, the availability and quality of consultative clinical care has not been consistent. The restriction against federal employees directly supervising contract employees has made assuring quality extremely difficult. Personal services contracts would provide a means to secure and pay medical staff to provide consultative services to patients and to allow the Clinical Center to assess directly the quality of care and services provided.

Rationale: The primary benefit of this proposal is the provision of a flexible mechanism to enable the Clinical Center to hire highly specialized personnel at competitive salaries for varying lengths of time. This contract mechanism will allow the Clinical Center to hire staff with specialized skills that would otherwise not be necessary for routine care of patients or operations of the hospital, making long term employment of these staff unnecessary. Use of personal services contracts will permit Clinical Center staff to supervise and direct personal services contractors' activities, an action that is currently prohibited under standard contract mechanisms. The use of personal services contracts will facilitate the assessment of the quality of service provided by individual contract personnel. Use of personal services contractors will shorten the time required to obtain crucial services and decrease the overhead requirements for such contractors, since the government will not be required to pay benefits.

Federalism Impact: This proposal does not regulate States or interfere nor displace essential State functions, or preempt State law as discussed in E.O. 12612.

Authorization Level: No sums requested.

Personnel Requirements: No additional FTE are required.

Effective Date: Upon enactment.


NIH-1998/50

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Blood and Blood Products

Repeal of 24 USC § 30 Regarding Compensation for Blood and Blood Products Collected for Biomedical Research.

Current Law: Section 30 of Title 24 of the U.S. Code provides for reasonable monetary reimbursement for blood collection for transfusion into a person undergoing treatment at Government expense or for blood banks or for use in research in connection with the care of any person entitled to treatment at Government expense and sets a limit of $50.00 for compensation for blood withdrawal.

Proposal: Repeal Title 24 U.S. Code, section 30 to be consonant with current DHHS policy for the maintenance of an “all volunteer” blood donor program and to eliminate the $50.00 cap for compensation for blood collections. This repeal is consistent with the maintenance of an “all volunteer” blood donor program for patient care and allow institutions to develop appropriate compensation policy for the collection of blood for research purposes.

Rationale: The Warren Grant Magnuson Clinical Center (Clinical Center), the clinical research facility of the National Institutes of Health intramural programs, was established to facilitate the translation of basic science discoveries of intramural and extramural investigators into clinical applications that advance human health and address the nation’s health needs. The safe and efficient collection of blood and blood products for patient care and biomedical research purposes is critical to the mission of the Clinical Center.

The Clinical Center uses an “all volunteer” blood donor program, as recommended by the Department of Health and Human Services in 1973, to collect blood and blood products for clinical/patient care use. Currently, the Clinical Center does not compensate for donations that are for patient use, in accordance with DHHS recommendations, but does compensate for blood and blood products used for biomedical research purposes, based on the complexity of the procedure used for collection, according to existing NIH policy. However, existing federal statutory requirements indicate that persons who furnish blood to be used for clinical and/or biomedical research are “entitled” to receive compensation, and that compensation is not to exceed $50.00 per blood withdrawal.

This law poses impediments to an “all volunteer” donor program for blood collected for clinical/patient care use by entitling persons to compensation for patient care/non-research donations and also imposes limits on compensation for persons providing blood and blood products for biomedical research purposes. The Clinical Center requests a repeal of the existing law to eliminate entitlement to monetary compensation for blood and blood products collected for patient care use and to eliminate the current $50.00 compensation cap per blood withdrawal to allow for appropriate compensation for blood collected for research purposes.

US Code, Title 24, section 30, enacted in 1927 and amended in 1939 and 1941, poses substantial impediments to the collection of a safe and adequate supply of blood and blood products at the Clinical Center. The current law indicates that “any person....who shall furnish blood from his or her veins for transfusion into the veins of a person...or who shall furnish blood for blood banks or for other scientific and research purposes...shall be entitled to be paid therefore such reasonable sum, not to exceed $50, for each blood withdrawal....” In July 1973, the Secretary, US Department of Health, Education, and Welfare, announced the move to a national “all volunteer” blood donor program in an effort to counter the increase in viral hepatitis transmitted by blood transfusions. The establishment of an “all volunteer” donor program has increased significantly the safety of our country’s blood supply. Currently, the Department of Transfusion Medicine (DTM), Clinical Center uses only volunteers for the collection of blood and blood products for transfusions or other clinical purposes. The DTM still offers compensation for collection of blood and blood products to be used solely for the purpose of biomedical research as outlined in NIH policy 3010.

Since the enactment of US Code Title 24, section 30, transfusion medicine technologies and practices have changed dramatically. Blood and blood products collection techniques have been developed (e.g., pheresis including platelet pheresis, stem cell harvesting, cytopheresis, among others) that: are associated with greater discomfort and inconvenience for the person furnishing the blood; require a longer time commitment (e.g., two to four hours versus 30 minutes for whole blood collection); may require premedication; and/or require the collection of a greater volume of blood for processing. The $50.00 compensation limit set in 24 USC 30 is not consonant with the added complexities and inconveniences associated with the current blood collection techniques. Repeal of this law will eliminate this compensation cap and will allow individual institutions the latitude to establish reimbursement fees for research subjects commensurate with modern blood collection techniques.

Effect on Beneficiaries: The primary benefit of the proposal will be to eliminate the law that is in conflict with the current DHHS policy for an “all volunteer” donor program for collection of blood for patient care use. Additionally, the proposal will give health care institutions the latitude to set institution-specific policy regarding compensation for the collection of blood and blood products for biomedical research purposes that is commensurate with the complexity of the blood collection technique.

Federalism Impact: This proposal does not regulate States or interfere nor displace essential State functions, or preempt State law as discussed in E.O. 12612.

Authorization Level: No sums requested. The budgetary impact of repeal of US Code Title 24, section 30 will be modest. No funds will be expended to compensate “volunteer” donors that provided blood and blood products for patient care use. Compensation for blood and blood products used for research purposes has been directed by NIH policy 3010 since 1986 (revised 1990). The current compensation rates outlined in NIH policy 3010 have been used since 1990 and are unlikely to increase.

Personnel Requirements: No additional FTEs are required.

Effective Date: Upon enactment.


NIH-2000/01

6/14/99

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Extramural Clinical Research Loan Repayment

Authorize an extramural clinical research loan repayment program for the NIH in order to provide recruitment and retention incentives for clinical researchers.

Current Law: There is no current authority for an extramural clinical research loan repayment program under which the Director, NIH, may provide an incentive for health professionals to conduct extramural clinical research. Section 487E of the PHS Act describes the NIH LRP regarding health professionals from disadvantaged backgrounds who become employees of the NIH. That program pertains to health professionals who will commit to working as intramural clinical researchers of the National Institutes of Health. Although the NICHD does have an extramural LRP focused on contraception and infertility research (Section 487B), there is no extramural LRP for general clinical researchers.

Proposal: Amend the PHS Act to provide an NIH loan repayment program under which the Director, NIH, is authorized to (1) identify areas of extramural clinical research for which specific loan repayment benefits may be awarded and (2) contract with qualified health professionals to conduct such research with respect to these research areas for a minimum of two years in exchange for the Government’s repayment, for each year of such research service, of not more than $35,000 of principal and interest of the extant educational loans of such health professionals. Health professionals eligible to participate in this program include investigators engaged in clinical research. Examples include, but are not limited to NIH grantees at research institutions, universities, medical schools, and hospitals.

Rationale: The national biomedical research effort has a continuing need for qualified physicians and scientists to train in and conduct medical research in a wide range of research areas, including clinical research. High educational debt burdens of health professionals and competing employment opportunities continue to make it difficult to attract qualified physicians and scientists to engage in research activities. The cost of medical education is so high that many individuals have no choice but to enter clinical practice as soon as they graduate. According to the Association of American Medical Colleges, 50.5% of medical school graduates who graduated in 1994 had more than $50,000 in educational debt, while 27.2% had educational debt of more than $75,000. With recent changes in the availability of deferment of repayment, and interest accruals commencing during residency and internship training periods, many physicians report that they are precluded from considering additional research training and, specifically, careers in research. This proposal is designed to counter the growing economic disincentives to embark on research careers, and to provide an incentive to engage in clinical research. The program is expected to attract highly qualified applicants and will encourage the commitment of these health professionals to sustaining a career in clinical research. The program would benefit individuals who have incurred substantial educational debt during their professional training.

Authorization Level: Such sums as necessary.

Personnel Requirements: None.

Effective Date: Upon enactment.


NIH-2001/01
6/14/99

NATIONAL CANCER INSTITUTE
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Long Island Breast Cancer Study Project

Extend Authorization for the Long Island Breast Cancer Study Project .

Current Law: P.L. 103-43, Sec. 1911 amended the Public Health Service Act* (the Act) to require that a study of potential environmental and other risks contributing to incidence of breast cancer on Long Island be conducted by the National Cancer Institute and the National Institute on Environmental Health Sciences. Such sums as necessary were authorized for fiscal years 1994 and 1995; the study was required to be completed within 30 months of enactment.

*The text from this law is not included in the 1997 publication of the PHS Act. Therefore, all citations refer to the public law.

Proposal: Extend the authority for the Long Island Breast Cancer Study Project for five years.

Rationale: The grants funded to conduct this research will be completed during 1999 and 2000; peer- reviewed articles on research findings to date have been published, and the largest projects are expected to publish results in peer-reviewed journals during 2000. Extension of that authorization for five years (such sums as necessary) will allow the research to be completed.

Federalism Impact: None.

Cost: No additional costs over those projected at award.

Effective Date: Upon enactment.


NIH-2001/02
6/14/99

NATIONAL CANCER INSTITUTE
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Prostate Cancer Research

Extend Authorization for Expansion and Coordination of Activities on Prostate Cancer Research.

Current Law: Sections 417A and 417B(c)of the Public Health Service Act (the Act) require the National Cancer Institute (NCI) to expand, intensify, and coordinate activities for prostate cancer research. $72 million was authorized in FY1994; such sums as necessary were authorized for FY1995 and FY1996.

Proposal: Extend authority for prostate cancer research for five years.

Rationale: Prostate cancer is a disease which commands intense interest from the public, the Congress, and from the medical and research communities. Extending NCI’s authority will demonstrate the Federal government’s commitment to understanding and eradicating this disease. It sends a message to the research community that NCI continues to emphasize expanding knowledge of prostate cancer and that momentum must be maintained as we are poised to discover new tumor markers and prognostic indicators, design individualized treatment, understand biology, and determine genetic influences. The NCI recently received recommendations from the Prostate Cancer Review Group on future research directions, and an implementation plan is under development.

Federalism Impact: None.

Cost: Such sums as necessary.

Effective Date: Upon enactment.


NIH-2001/03
4/7/00

NATIONAL INSTITUTES OF HEALTH
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL

Parkinson’s Disease Research

Reauthorize appropriations for funds to conduct research focused on Parkinson’s disease.

Current Law: Section 409B(e) of the Public Health Service Act authorized $100 million for FY 1998 and such sums for FY 1999 and FY 2000.

Proposal: Reauthorize appropriations for Parkinson’s disease for five years.

Rationale: This program is essential to advancing treatment of this crippling disease.

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