S. 1828 (92nd): An Act to amend the Public Health Service Act so as to strengthen the National Cancer Institute ...
...and the National Institutes of Health in order to conquer cancer as soon as possible
778 PUBLIC LAW 92-216-DEC. 22, 1971 [85 STAT. Public Law 92-216 T. u oo ,o., JOINT RESOLUTION December 22, 1971 [s, J. Res. 184] Extending the dates for transmission of the Economic Rejwrt and the report of the Joint Economic Committee. President's Resolved hy the Senate and House of Representatives of the United Economic Report. States of America in Congress assembled^ That (a) notwithstanding the provisions of section 3 of the Act of February 20,1946, as amended 60 Stat. 24; (15 U.S.C. 1022), the President shall transmit to the Congress not later 70 Stat. 289. than February 15,1972, the Economic Report; and (b) notwithstand- ing the provisions of clause (3) of section 5(b) of the Act of Feb- 62 Stat. 16. ruary 20, 1946 (15 U.S.C. 1024(b)), the Joint Economic Committee shall file its report on the President's Economic Report with the House of Representatives and the Senate not later than March 10, 1972. Approved December 22, 1971. Public Law 92-217 December 22, 1971 JOINT RESOLUTION [s. J. Res. 186] r)^Q provide for the beginning of the second session of the Ninety-second Congress. Resolved hy the Senate and House of Representatives of the United 92nd Congress. Second session. States of America in Congress assembled^ That the second regular session of the Ninety-second Congress shall begin at noon on Tuesday, January 18,1972. Approved December 22, 1971. Public Law 92-218 AN ACT December 23, 1971 [S.1828] To amend the Public Health Service Act so as to strengthen the National Cancer Institute and the National Institutes of Health in order more effectively to carry out the national effort against cancer. Be it enacted hy the Senate and House of Representatives of the The National Cancer Act of United States of America in Congress assembled, 1971. SHORT T I T L E SECTION 1. This Act may be cited as "The National Cancer Act of 1971". F I N D I N G S A N D DECLARATION OF PURPOSE SEC. 2. (a) The Congress finds and declares—• (1) that the incidence of cancer is increasing and cancer is the disease which is the major health concern of Americans today; (2) that new scientific leads, if comprehensively and energeti-
85 STAT.] PUBLIC LAW 9 2 - 2 1 8 - D E C . 23, 1971 779 cally exploited, may significantly advance the time when more adequate preventive and therapeutic capabilities are available to cope with cancer; (3) that cancer is a leading cause of death in the United States; (4) that the present state of our understanding of cancer is a consequence of broad advances across the full scope of the bio- medical sciences; (5) that a great opportunity is offered as a result of recent ad\'ances in the knowledge of this dread disease to conduct ener- getically a national program against cancer; (6) that in order to provide for the most effective attack on cancer it is important to use all of the biomedical resources of the National Institutes of Health; and (7) that the programs of the research institutes which com- prise the National Institutes of Health have made it possible to bring into being the most productive scientific community cen- tered upon health and disease that the world has ever known. (b) I t is the purpose of this Act to enlarge the authorities of the National Cancer Institute and the National Institutes of Health in order to advance the national effort against cancer. N A T I O N A L CANCER PROGRAM SEC. 3. (a) P a r t A of title I V of the Public Health Service Act is Jl.H^'lJ^^J' amended by adding after section 406 the following new sections: 42 use 28*1. "NATIONAL CANCER PROGRAM "SEC. 407. (a) The Director of the National Cancer Institute shall coordinate all of the activities of the National Institutes of Health relating to cancer with the National Cancer Program. " ( b ) In carrying out the National Cancer Program, the Director of National cancer I n s t i t u t e Direc- the National Cancer Institute shall: tor, d u t i e s . " (1) With the advice of the National Cancer Advisory Board, plan and develop an expanded, intensified, and coordinated cancer research program encompassing the programs of the National Cancer Institute, related programs of the other research institutes, and other Federal and non-Federal programs. "(2) Expeditiously utilize existing research facilities and per- sonnel of the National Institutes of Health for accelerated explo- I'ation of opportunities in areas of special promise. "(3) Encourage and coordinate cancer research by industrial concerns where such concerns evidence a pai-ticular capability for sucli research. "(4) Collect, analyze, and disseminate all data useful in the prevention, diagnosis, and treatment of cancer, including the establishment of an international cancer research data bank to collect, catalog, store, and disseminate insofar as feasible the results of cancer research undertaken in any country for the use of any person involved in cancer research in any country.
780 PUBLIC LAW 92-218-DEC. 23, 1971 [85 STAT. "(5) Establish or support the large-scale production or distri- bution of specialized biological materials and other therapeutic substances for research and set standards of safety and care for persons using such materials. "(6) Support research in the cancer field outside the United States by highly qualified foreign nationals which research can be expected to inure to the benefit of the American people; support collaborative research involving i^merican and foreign partici- pants; and support the training of American scientists abroad and foreign scientists in the United States. "(7) Support appropriate manpower programs of training in fundamental sciences and clinical disciplines to provide an expanded and continuing manpower base from which to select investigators, physicians, and allied health professions personnel, for participation in clinical and basic research and treatment pro- grams relating to cancer, including where appropriate the use of training stipends, fellowships, and career awards. "(8) Call special meetings of the National Cancer Advisory Board at such times and in such places as the Director deems necessary in order to consult with, obtain advice from, or to secure the approval of projects, programs, or other actions to be undertaken without delay in order to gain maximum benefit from a new scientific or technical finding. "(9) (A) Prepare and submit, directly to the President for review and transmittal to Congress, an annual budget estimate for the National (^ancer Program, after reasonable opportunity for comment (but without change) by the Secretary, the Direc- tor of the National Institutes of Health, and the National Cancer Advisory Board; and (B) receive from the President and the Office of Management and Budget directly all funds appropriated by Congress for obligation and expenditure by the National Cancer Institute. ca^'^^eVp^^nei "(c) (1) There is established the President's Cancer Panel (herein- Membership! after iu tliis section referred to as the 'Panel') which shall be composed of three persons appointed by the President, who by virtue of their training, experience, and background are exceptionally qualified to a]>praise the National Cancer Program. At least two of the members of the Panel shall be distinguished scientists or physicians. '^^'™' "(2) (A) Members of the Panel shall be appointed for three-year terms, except that (i) in the case of tw^o of the members first appointed, one shall be appointed for a term of one year and one shall be appointed for a term of two years, as designated by the President at the time of appointment, and (ii) any member appointed to fill a vacancy occur- ring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. " ( B ) The President shall designate one of the members to serve as Chairman for a term of one year. Compensation. " ( C ) Members of the Panel shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade
85 STAT. ] PUBLIC LAW 92-218-DEC. 23, 1971 781 5 u s e 5332 GS-18 of the General Schedule for each day (including traveltime) note. during which they are engaged in the actual performance of duties vested in the Panel, and shall be allowed travel expenses (including a per diem allowance) under section 5703(b) of title 5, United States ^^ ^^^^^ ^^^ Code. 83 Stat. 190. "(3) The Panel shall meet at the call of the Chairman, but not Meetings. less often than twelve times a year. A transcript shall be kept of the avIiiTwiIty!^' proceedings of each meeting of the Panel, and the Chairman shall make such transcript available to the public. ^^ ^^^^ ^^ " ( 4 ) The Panel shall monitor the development and execution of the Presi'dem. ° JsFational Cancer Program under this section, and shall report directly to the President. Any delays or blockages in rapid execution of the Program shall immediately be brought to the attention of the Presi- dent. The Panel shall submit to the President periodic progress reports on the Program and annually an evaluation of the efficacy of the Program and suggestions for improvements, and shall submit such other reports as the President shall direct. A t the request of the President, it shall submit for his consideration a list of names of persons for consideration for appointment as Director of the National Cancer Institute. "NATIONAL CANCER RESEARCH AND DEMONSTRATION CENTERS "SEC. 408. (a) The Director of the National Cancer Institute is authorized to provide for the establishment of fifteen new centers for clinical research, training, and demonstration of advanced diagnostic and treatment methods relating to cancer. Such centers may be sup- ported under subsection (b) or under any other applicable provision of law. " ( b ) The Director of the National Cancer Institute, under policies established by the Director of the National Institutes of Health and after consultation with the National Cancer Advisory Board, is authorized to enter into cooperative agreements with public or private nonprofit agencies or institutions to pay all or part of the cost of planning, establishing, or strengthening, and providing basic oper- ating support for existing or new centers (including, but not limited to, centers established under subsection ( a ) ) for clinical research, training, and demonstration of advanced diagnostic and treatment methods relating to cancer. Federal payments under this subsection in support of such cooperative agreements may be used for (1) construc- tion (notwithstanding any limitation under section 405), (2) staffing ^2 us^c^'s's^' and other basic operating costs, including such patient care costs as are required for research, (3) training (including training for allied health professions personnel), and (4) demonstration purposes; but support under this subsection (other than support for construction) shall not exceed $5,000,000 per year per center. Support of a center under this section may be for a period of not to exceed three years and may be extended by the Director of the National Cancer Institute for additional periods of not more than three years each, after review of the operations of such center by an appropriate scientific review group established by the Director of the National Cancer Institute. "CANCER CONTROL PROGRAMS "SEC. 409. (a) The Director of the National Cancer Institute shall establish programs as necessary for cooperation with State and other health agencies in the diagnosis, prevention, and treatment of cancer. " ( b ) There are authorized to be appropriated to carry out this Appropriation.
782 PUBLIC LAW 92-218-DEC. 23, 1971 [85 STAT. section $20,000,000 for the fiscal year ending June 30,1972, $30,000,000 for the fiscal year ending June 30, 1973, and $40,000,000 for the fiscal year ending June 30,1974. ((A U T H O R I T Y OF DIRECTOR "SEC. 410. The Director of the National Cancer Institute (after con- sultation with the National Cancer Advisory B o a r d ) , in carrying out his functions in administering the National Cancer Program and without regard to any other provision of this Act, is authorized— "(1) if authorized by the National Cancer Advisory Board, to obtain (in accordance with section 3109 of title 5, United States 80 Stat. 416. Code, but without regard to the limitation in such section on the number of days or the period of such service) the services of not more than fifty experts or consultants who have scientific or pro- fessional qualifications; " (2) to acquire, construct, improve, repair, operate, and main- tain cancer centers, laboratories, research, and other necessary facilities and equipment, and related accommodations as may be necessary, and such other real or personal property (including patents) as the Director deems necessary; to acquire, without 19 Stat. 370. regard to the Act of March 3, 1877 (40 U.S.C. 34), by lease or otherwise through the Administrator of General Services, build- ings or parts of buildings in the District of Columbia or communi- ties located adjacent to the District of Columbia for the use of the National Cancer Institute for a period not to exceed ten years; "(3) to appoint one or more advisory committees composed of such private citizens and officials of Federal, State, and local gov- ernments as he deems desirable to advise him with respect to his functions; " (4) to utilize, with their consent, the services, equipment, per- sonnel, information, and facilities of other Federal, State, or local public agencies, with or without reimbursement therefor; " (5) to accept voluntary and uncompensated services; "(6) to accept unconditional gifts, or donations of services, money, or property, real, personal, or mixed, tangible or intangible; " (7) to enter into such contracts, leases, cooperative agreements, or other transactions, without regard to sections 3648 and 3709 of the Revised Statutes of the United States (31 U.S.C. 529, 41 U.S.C. 5), as may be necessary in the conduct of his functions, with any public agency, or with any person, firm, association, corporation, or educational institution; and " (8) to take necessary action to insure that all channels for the dissemination and exchange of scientific knowledge and informa- tion are maintained between the National Cancer Institute and the other scientific, medical, and biomedical disciplines and organizations nationally and internationally. u SCIENTIFIC R E V I E W ; REPORTS Regulation. ug^,^ ^^QJ^ (^^^ rpj^^ Director of the National Cancer Institute shall, by regulation, provide for proper scientific review of all research grants and programs over which he has authority (1) by utilizing, to the maximum extent possible, appropriate peer review groups estab- lished within the National Institutes of Health and composed prin-
85 STAT. ] PUBLIC LAW 92-218-DEC. 23, 1971 783 cipally of non-Federal scientists and other experts in the scientific and disease fields, and (2) when appropriate, by establishing, with the approval of the National Cancer Advisory Board and the Director of the National Institutes of Health, other formal peer review groups as may be required. " ( b ) The Director of the National Cancer Institute shall, as soon p^/„^°''' 1° . • 1 1 p 1 T i » i i i • 1 r T e s i d e n t and as practicable after the end of each calendar year, prepare m consulta- congress. tion with the National Cancer Advisory Board and submit to the President for transmittal to the Congress a report on the activities, progress, and accomplishments under the National Cancer Program during the preceding calendar year and a plan for the Program during the next five years. "NATIONAL CANCER ADVISORY BOARD "SEC. 410B. (a) There is established in the National Cancer Insti- Membership. tute a National Cancer Advisory Board (hereinafter in this section referred to as the 'Board') to be composed of twenty-three members as follows: "(1) The Secretary, the Director of the Office of Science and Technology, the Director of the National Institutes of Health, the chief medical officer of the Veterans' Administration (or his designee), and a medical officer designated by the Secretary of Defense shall be ex officio members of the Board. " (2) Eighteen members appointed by the President. Not more than twelve of the appointed members of the Board shall be scientists or physicians and not more than eight of the appointed members shall be representatives from the general public. Tlie scien- tists and physicians appointed to the Board shall be appointed from persons who are among the leading scientific or medical authorities outstanding in the study, diagnosis, or treatment of cancer or in fields related thereto. Each appointed member of the Board shall be appointed from among persons who by virtue of their training, experience, and background are especially qualified to appraise the programs of the National Cancer Institute. " ( b ) (1) Appointed members shall be appointed for six-year terms, "r^™* except that of the members first appointed six shall be appointed for a term of two years, and six shall be appointed for a term of four years, as designated by the President at the time of appointment. "(2) Any member appointed to fill a vacancy occurring prior to expiration of the term for which his predecessor was appointed shall serve only for the remainder of such term. Appointed members shall be eligible for reappointment and may serve after the expiration of their terms until their successors have taken office. "(3) A vacancy in the Board shall not affect its activities, and twelve members thereof shall constitute a quorum. "(4) The Board shall supersede the existing National Advisory go^^cancef'^'^^" Cancer Council, and the appointed members of the Council serving on co'tLcnr'supei- the effective date of this section shall serve as additional members of sedure. the Board for the duration of their terms then existing, or for such shorter time as the President may prescribe. "(c) The President shall designate one of the appointed members to serve as Chairman for a term of two years. " (d) The Board shall meet at the call of the Director of the National Cancer Institute or the Chairman, but not less often than four times a year and shall advise and assist the Director of the National Cancer Institute with respect to the National Cancer Program.
784 PUBLIC LAW 92-218-DEG. 23, 1971 [85 STAT. " (e) The Director of the National Cancer Institute shall designate a member of the staff of the Institute to act as Executive Secretary of the Board. " ( f ) The Board may hold such hearings, take such testimony, and sit and act at such times and places as the Board deems advisable to investigate programs and activities of the National Cancer Program. Report to " ( g ) The Board shall submit a report to the President for trans- P r e s i d e n t and Congress. mittal to the Congress not later than January 31 of each year on the progress of the National Cancer Program toward the accomplishment of its objectives. Compensation. " ( h ) Members of the Board who are not officers or employees of the United States shall receive for each day they are engaged in the per- formance of the duties of the Board compensation at rates not to exceed the daily equivalent of the annual rate in effect for GS-18 of the 5 u s e 5332 note. General Schedule, including traveltime; and all members, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5703, 80 Stat. 499; 83 Stat. 190. title 5, United States Code, for person in the Government service employed intermittently. " ( i ) The Director of the National Cancer Institute shall make available to the Board such staff, information, and other assistance as it may require to carry out its activities. "AUTHORIZATION OF APPROPRIATIONS "SEC. 410C. F o r the purpose of carrying out this part (other than Ante, p . 7 8 1 , section 409), there are authorized to be appropriated $400,000,000 for the fiscal year ending June 30, 1972; $500,000,000 for the fiscal year ending June 30, 1973; and $600,000,000 for the fiscal year ending June 30,1974." 58 Stat. 707; Infra. (b) (1) Section 402 of the Public Health Service Act is amended 42 u s e 282. by adding at the end thereof the following: "(b) Under procedures approved by the Director of the National Institutes of Health, the Director of the National Cancer Institute may approve grants under this Act for cancer research or training— " (1) in amounts not to exceed $35,000 after appropriate review for scientific merit but without the review and recommendation by the National Cancer Advisory Board prescribed by section 403(c), and "(2) in amounts exceeding $35,000 after appropriate review for scientific merit and recommendation for approval by such Board as prescribed by section 403 (c)." (2) Section 402 of such Act is further amended— (A) by inserting " ( a ) " immediately after "Sec. 402."; and (B) by redesignating paragraphs ( a ) , ( b ) , (c), ( d ) , (e), ( f ) , and (g) as paragraphs (1), ( 2 ) , ( 3 ) , ( 4 ) , ( 5 ) , ( 6 ) , and ( 7 ) , respectively. 42 u s e 2 8 3 . (3) Section 403(c) of such Act is amended by striking out " I n carrying out" and inserting in lieu thereof "Except as provided in Supra, section 402 (b), in carrying out". REPORT TO CONGRESS SEC. 4. (a) The President shall carry out a review of all admin- istrative processes under which the National Cancer Program, estab- Ante, p . 779. lished under part A of title I V of the Public Health Service Act, will
85 STAT. ] PUBLIC LAW 92-218-DEC. 23, 1971 785 operate, including the processes of advisory council and peer group reviews, in order to assure the most expeditious accomplishment of the objectives of the Program. Within one year of the date of enact- ^f^^°''^'° ^°"' ment of this Act the President shall submit a report to Congress of the findings of such review and the actions taken to facilitate the conduct of the Program, together with recommendations for any needed legislative changes. Additional (b) The President shall request of the Congress without delay such appropriations. additional appropriations (including increased authorizations) as are required to pursue immediately any development in the National Cancer Program requiring prompt and expeditious support and for which regularly appropriated funds are not available. PRESIDENTIAL APPOINTMENTS SEC. 5. Title I V of the Public Health Service Act is amended by adding after p a r t F the following new p a r t : sa^stau 7*7^1!^' 42 u s e 281. " P A R T G—^ADMINISTRATIVE PROVISIONS uDIRECTORS OF INSTITUTES "SEC. 454. The Director of the National Institutes of Health and the Director of the National Cancer Institute shall be appointed by the Ante, p. 779. President. Except as provided in section 407(b) (9), the Director of the National Cancer Institute shall report directly to the Director of the National Institutes of Health." CONFORMING AMENDMENTS SEC. 6. ( a ) ( 1 ) Section 217 of the Public Health Service Act is ^2 use 2^8.* amended (A) by striking out "National Advisory Cancer Council," each place it occurs in subsection ( a ) , and (B) by striking out "can- cer," m subsections (a) and (b) of such section. (2) Sections 301(d), 301(i), 402, and 403(c) of such Act are each Z^e^.Vyil amended by striking out "National Advisory Cancer Council" and inserting in lieu thereof "National Cancer Advisory Board". (3) Section 403 (b) of such Act is amended by striking out "National ^ u*|^* ^^^^ Cancer Advisory Council" and inserting in lieu thereof "National Cancer Advisory Board". (4) Section 404 of such Act is amended— ^^ ^^^ ^84. (A) by striking out "council" in the matter preceding para- graph (a) and inserting in lieu thereof "National Cancer Advi- sory Board", and (B) by striking out " C O U N C I L " in the section heading and inserting in lieu thereof "BOARD". EFFECTIVE DATE Publication in SEC. 7. (a) This Act and the amendments made by this Act shall Federal Register. take effect sixty days after the date of enactment of this Act or on such prior date after the date of enactment of this Act as the President shall prescribe and publish in the Federal Register. (b) The first sentence of section 454 of the Public Health Service Act (added by section 5 of this Act) shall apply only with respect to appointments made after the effective date of this Act (as prescribed by subsection ( a ) ) .
786 PUBLIC LAW 92-219-DEC. 23, 1971 [85 STAT. (c) Notwithstanding the provisions of subsection ( a ) , members of the National Cancer Advisory Board (authorized under section 41 OB Ante, p . 783. of the Public Health Service Act, as added by this Act) may be appointed, in the manner provided for in such section, at any time after the date of enactment of this Act. Such officers shall be compensated from the date thev first take office, at the rates provided for in such section-llOB. Approved December 23, 1971. Public Law 92-219 December 23, 1971 AN ACT [H. R. 3304] To amend the Fishermen's Protective Act of 1967 to enhance the effectiveness of international fishery conservation programs. Be it enacted hy the Senate and House of Representatives of the Fishermen's United States of America in Congress assembled^ That the Fishermen's P r o t e c t i v e Act of 1967, amend- Protective Act of 1967 (68 Stat. 883. as amended; 82 Stat. 729), is ment. amended by inserting- at the end thereof the following new section: 22 u s e 1971 note. "SEC. 8. (a) When the Secretary of Commerce determines that Fishery nationals of a foreign country, directly or indirectly, are conducting p r o d u c t s , importa- tion r e s t r i c t i o n . fishing operations in a manner or under circumstances which diminish the effectiveness of an international fishery conservation program, the Secretary of Commerce shall certify such fact to the President. Upon receipt of such certification, the President may direct the Secre- tary of the Treasury to prohibit the bringing or the importation into the United States of fish products of the offending country for such duration as he determines appropriate and to the extent that such prohibition is sanctioned by the General Agreement on Tariffs and 61 Stat. Pt s. 5,.6 . Trade. Notification to Congress. " (b) Within sixty days following certification by the Secretary of Commerce, the President shall notify the Congress of any action taken by him pursuant to such certification. In the event the President fails to direct the Secretary of the Treasury to prohibit the importation of fish products of the offending country, or if such prohibition does not cover all fish products of the offending country, the President shall inform the Congress of the reasons therefore. "(c) It shall be unlawful for any person subject to the jurisdiction of the United States knowingly to bring or import into, or cause to be imported into, the United States any fish products prohibited by the Secretary of the Treasury pursuant to this section. Penalties. " ( d ) (1) Any person violating the provisions of this section shall be fined not more than $10,000 for the first violation, and not more than $25,000 for each subsequent violation. Forfeiture. "(2) All fish products brought or imported into the United States in violation of this section, or the monetary value thereof, may be forfeited. "(3) All provisions of law relating to the seizure, judicial for- feiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale