(Pub. L. 99-660, title IV, § 431, Nov. 14, 1986, 100 Stat. 3792.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1396r-2, 11111 of this title.

§ 11152. Reports and memoranda of understanding (a) Annual reports to Congress

The Secretary shall report to Congress, annually during the three years after November 14, 1986, on the implementation of this chapter. (b) Memoranda of understanding

The Secretary of Health and Human Services shall seek to enter into memoranda of understanding with the Secretary of Defense and the Administrator of Veterans' Affairs to apply the provisions of subchapter II of this chapter to hospitals and other facilities and health care providers under the jurisdiction of the Secretary or Administrator, respectively. The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memoranda and on the cooperation among such officials in establishing such memoranda.

(c) Memorandum of understanding with Drug Enforcement Administration

The Secretary of Health and Human Services shall seek to enter into a memorandum of understanding with the Administrator of Drug Enforcement relating to providing for the reporting by the Administrator to the Secretary of information respecting physicians and other practitioners whose registration to dispense controlled substances has been suspended or revoked under section 824 of title 21. The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memorandum and on the cooperation between the Secretary and the Administrator in establishing such a memorandum.

(Pub. L. 99-660, title IV, § 432, Nov. 14, 1986, 100 Stat. 3794.)

11272.

Research program and plan.

(a) Grants for research.

(b) Preparation of plan; contents; revi

sion.

(c) Consultation for preparation and revision of plan.

Dissemination.

11273. Authorization of appropriations. 11281 to 11283. Repealed or Transferred. SUBCHAPTER V-EDUCATIONAL ACTIVITIES Providing information for personnel of Social Security Administration.

11291.

11292.

11293.

11294.

Education of public, individuals with Alzheimer's disease and their families, and health and long-term care providers.

(a) Training models grants.

(b) Educational grants.

(c) Award of grants.

(d) Application.

(e) Coordination.

Education programs for safety and transportation personnel.

Authorization of appropriations.

SUBCHAPTER I-GENERAL PROVISIONS

§ 11201. Findings

(d) Meetings.

(e) Appointment of Executive Secretary;

administrative staff and support.

The Congress finds that

(1) best estimates indicate that between 2,000,000 and 3,000,000 Americans presently

have Alzheimer's disease or related dementias;

(2) estimates of the number of individuals afflicted with Alzheimer's disease and related dementias are unreliable because current diagnostic procedures lack accuracy and sensitivity and because there is a need for epidemiological data on incidence and prevalence of such disease and dementias;

(3) studies estimate that between one-half and two-thirds of patients in nursing homes meet the clinical and mental status criteria for dementia;

(4) the cost of caring for individuals with Alzheimer's disease and related dementias is great, and conservative estimates range between $38,000,000,000 and $42,000,000,000 per year solely for direct costs;

(5) progress in the neurosciences and behavioral sciences has demonstrated the interdependence and mutual reinforcement of basic science, clinical research, and services research for Alzheimer's disease and related dementias;

(6) programs initiated as part of the Decade of the Brain are likely to provide significant progress in understanding the fundamental mechanisms underlying the causes of, and treatments for, Alzheimer's disease and related dementias;

(7) although substantial progress has been made in recent years in identifying possible leads to the causes of Alzheimer's disease and related dementias, and more progress can be expected in the near future, there is little likelihood of a breakthrough in the immediate future that would eliminate or substantially reduce

(A) the number of individuals with the disease and dementias; or

(B) the difficulties of caring for the individuals;

(8) the responsibility for care of individuals with Alzheimer's disease and related dementias falls primarily on their families, and the care is financially and emotionally devastating;

(9) attempts to reduce the emotional and financial burden of caring for dementia patients is impeded by a lack of knowledge about such patients, how to care for such patients, the costs associated with such care, the effectiveness of various modes of care, the quality and type of care necessary at various stages of the disease, and other appropriate services that are needed to provide quality care;

(10) the results of the little research that has been undertaken concerning dementia has been inadequate or the results have not been widely disseminated;

(11) more knowledge is needed concerning(A) the epidemiology of, and the identification of risk factors for, Alzheimer's disease and related dementias;

(B) the development of methods for early diagnosis, functional assessment, and psychological evaluation of individuals with Alzheimer's disease for the purpose of monitoring the course of the disease and developing strategies for improving the quality of life for such individuals;

(C) the understanding of the optimal range and cost-effectiveness of community and institutional services for individuals with Alzheimer's disease and related dementias and their families, particularly with respect to the design, delivery, staffing, and mix of such services and the coordination of such services with other services, and with respect to the relationship of formal to informal support services;

(D) the understanding of optimal methods to combine formal support services provided by health care professionals with informal support services provided by family, friends, and neighbors of individuals with Alzheimer's disease, and the identification of ways family caregivers can be sustained through interventions to reduce psychological and social problems and physical problems induced by stress;

(E) existing data that are relevant to Alzheimer's disease and related dementias; and (F) the costs incurred in caring for individuals with Alzheimer's disease and related dementias;

(12) it is imperative to provide appropriate coordination of the efforts of the Federal Government in the provision of services for individuals with Alzheimer's disease and related dementias;

(13) it is important to increase the understanding of Alzheimer's disease and related dementias by the diverse range of personnel involved in the care of individuals with such disease and dementias; and

(14) it is imperative that the Social Security Administration be provided information pertaining to Alzheimer's disease and related dementias, particularly for personnel in such Administration involved in the establishment and updating of criteria for determining whether an individual is under a disability for purposes of titles II and XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.). (Pub. L. 99-660, title IX, § 902, Nov. 14, 1986, 100 Stat. 3802; Pub. L. 102-507, § 4, Oct. 24, 1992, 106 Stat. 3281.)

REFERENCES IN TEXT

The Social Security Act, referred to in par. (14), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of the Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

AMENDMENTS

1992-Pars. (4) to (14). Pub. L. 102-507 added pars. (4) to (8), redesignated former pars. (7) to (12) as (9) to (14), respectively, and struck out former pars. (4) to (6) which read as follows:

"(4) the care for individuals with Alzheimer's disease and related dementias falls primarily on their families, and such care is very often financially and emotionally devastating;

"(5) the cost of caring for individuals with Alzheimer's disease and related dementias is great, and conservative estimates range between $38,000,000,000 and $42,000,000,000 per year solely for direct costs;

"(6) although substantial progress has been made in recent years in identifying possible leads to the causes

of Alzheimer's disease and related dementias and more progress can be expected in the near future, there is little likelihood of a breakthrough in the foreseeable future which would eliminate or substantially reduce the number of individuals with such disease and dementias or the difficulties of caring for such individuals;".

SHORT TITLE OF 1992 AMENDMENT

Section 1 of Pub. L. 102-507 provided that: “This Act [enacting section 11261 of this title, amending this section and sections 285e-5, 11211, 11212, 11221, 11223, 11251, 11253, 11263, 11292, and 11294 of this title, repealing section 11261 of this title, and amending provisions set out as a note under this section] may be cited as the 'Alzheimer's Disease Research, Training, and Education Amendments of 1992'."

SHORT TITLE

Section 901 of title IX of Pub. L. 99-660, as amended by Pub. L. 102–507, § 2(a), Oct. 24, 1992, 106 Stat. 3281, provided that: "This title [enacting this chapter] may be cited as the 'Alzheimer's Disease and Related Dementias Research Act of 1992'."

SUBCHAPTER II-COUNCIL ON ALZHEIMER'S DISEASE

§ 11211. Establishment

(a) Composition

There is established in the Department of Health and Human Services (hereinafter referred to as the "Department") the Council on Alzheimer's Disease (hereinafter referred to as the "Council"). The Council shall be composed of

(1) the Assistant Secretary for Health;

(2) the Surgeon General of the Public Health Service;

(3) the Assistant Secretary for Planning and Evaluation;

(4) the Director of the National Institute of Allergy and Infectious Diseases;

(5) the Director of the National Institute of Mental Health;

(6) the Director of the National Institute of Neurological Disorders and Stroke;

(7) the Director of the National Institute on Aging;

(8) the Assistant Secretary for Aging; (9) the Administrator of the Health Care Financing Administration (or the designee of such Administrator);

(10) the Administrator of the Agency for Health Care Policy and Research;

(11) the Administrator of the Health Resources and Services Administration;

(12) the Director of the National Center for Nursing Research;

(13) the Chief Medical Director of the Department of Veterans Affairs;

(14) the Director of the National Center for Health Statistics; and

(15) such additional members as the Secretary of Health and Human Services (hereinafter referred to as the "Secretary”) considers appropriate.

(b) Chairman

The Assistant Secretary for Health shall serve as the Chairman of the Council.

(c) Quorum

A majority of the members of the Council shall constitute a quorum, but a lesser number may hold hearings.

(d) Meetings

The Council shall meet periodically at the call of the Chairman, but not less than once each year.

(e) Appointment of Executive Secretary; administrative staff and support

The Secretary shall appoint an Executive Secretary for the Council and shall provide the Council with such additional administrative staff and support as may be necessary to enable the Council to carry out its functions.

(Pub. L. 99-660, title IX, § 911, Nov. 14, 1986, 100 Stat. 3804; Pub. L. 102-54, § 13(q)(14)(A), June 13, 1991, 105 Stat. 282; Pub. L. 102-507, § 5(2)[(a)], Oct. 24, 1992, 106 Stat. 3282; Pub. L. 103-171, § 3(b)(3), Dec. 2, 1993, 107 Stat. 1991.)

AMENDMENTS

1993-Subsec. (a)(8). Pub. L. 103-171, which directed the substitution of “Assistant Secretary for Aging" for "Commissioner on Aging" in section 911(a)(8) of the Alzheimer's Disease and Related Dementias Services Research Act of 1986, was executed to this section, which is section 911 of the Alzheimer's Disease and Related Dementias Research Act of 1992, to reflect the probable intent of Congress, and the change in the Short Title of that Act. See section 901 of Pub. L. 99-660, as amended, set out as a Short Title note under section 11201 of this title. 1992-Subsec. L.

(a)(2).

Pub.

102-507, § 5(2)[(a)](1)(A), substituted "Surgeon General of the Public Health Service" for "Surgeon General of the United States".

Subsec. (a)(6). Pub. L. 102–507, § 5(2)[(a)](1)(B), substituted "Disorders" for "and Communicative Diseases".

Subsec. (a)(10) to (15). Pub. L. 102-507, § 5(2)[(a)](1)(C), (D), added pars. (10) to (15) and struck out former pars. (10) to (12) which read as follows:

"(10) the Director of the National Center for Health Services Research and Health Care Technology Assessment;

"(11) the Secretary of Veterans Affairs (or the designee of such Secretary); and

"(12) such additional members as the Secretary of Health and Human Services (hereinafter referred to as the 'Secretary') considers appropriate."

Subsec. (b). Pub. L. 102-507, § 5(2)[(a)](2), added subsec. (b) and struck out former subsec. (b) which read as follows: "The Secretary shall select a Chairman for the Council from among its members."

Subsec. (d). Pub. L. 102-507, § 5(2)[(a)](3), substituted "once" for "twice".

1991-Subsec. (a)(11). Pub. L. 102-54 substituted "Secretary of Veterans Affairs (or the designee of such Secretary)" for “Administrator of Veterans' Affairs (or the designee of such Administrator)".

CHANGE OF NAME

National Center for Nursing Research changed to National Institute of Nursing Research by Pub. L. 103-43, title XV, § 1511, June 10, 1993, 107 Stat. 178.

References to Chief Medical Director of the Department of Veterans Affairs deemed to refer to Under Secretary for Health of the Department of Veterans Affairs pursuant to section 302(e) of Pub. L. 102-405, set out as a note under section 305 of Title 38, Veterans' Benefits.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 285e-5 of this title.

§ 11212. Functions

(a) The Council shall

(1) coordinate continuing research conducted by or through the Department on Alzheimer's disease and related dementias;

(2) establish a mechanism for the sharing of information among all officers and employees of the Department involved in carrying out programs serving elderly individuals;

(3) identify the most promising areas of research concerning Alzheimer's disease and related dementias; and

(4) establish mechanisms to use the results of research concerning Alzheimer's disease and related dementias in the development of policies, programs, and means to improve the quality of life for older Americans.

(b)(1) The Chairman of the Council shall submit to the committees listed in paragraph (2) an annual report containing information

on

(A) progress made by research, sponsored by the Federal Government, on Alzheimer's disease and related dementias; and

(B) new directions that the Council considers potentially important in research on Alzheimer's disease and related dementias.

(2) The Chairman of the Council shall submit the report described in paragraph (1) to—

(A) the Committee on Energy and Commerce of the House of Representatives;

(B) the Committee on Ways and Means of the House of Representatives;

(C) the Committee on Veterans' Affairs of the House of Representatives;

(D) the Committee on Appropriations of the House of Representatives;

(E) the Committee on Labor and Human Resources of the Senate;

(F) the Committee on Finance of the Senate;

(G) the Committee on Veterans' Affairs of the Senate; and

(H) the Committee on Appropriations of the Senate.

(Pub. L. 99-660, title IX, § 912, Nov. 14, 1986, 100 Stat. 3804; Pub. L. 100-607, title I, § 142(c)(1)(E), Nov. 4, 1988, 102 Stat. 3057; Pub. L. 102-507, § 5(b), Oct. 24, 1992, 106 Stat. 3282.)

AMENDMENTS

1992-Subsec. (a)(3) to (5). Pub. L. 102-507, § 5(b)(1), inserted "and" at end of par. (3), struck out "and" at end of par. (4), and struck out par. (5) which read as follows: "assist the National Institute on Aging, the National Institute of Mental Health, and the National Center for Health Services Research and Health Care Technology Assessment in developing and coordinating the plans for research required under subchapter V of this chapter, and in making revisions in such plans."

Subsec. (b). Pub. L. 102-507, § 5(b)(2), added subsec. (b) and struck out former subsec. (b) which directed the Council on Alzheimer's Disease to submit a report to Congress, not later than 9 months after Nov. 14, 1986, detailing plans for research prepared under subchapter IV of this chapter by the National Institute

on Aging, the National Institute on Mental Health, and the National Center for Health Services Research and Health Care Technology Assessment, and required an annual report to Congress on revisions to research plans made by those agencies and on progress and new directions in research.

1988-Subsec. (b)(1). Pub. L. 100-607 substituted "subchapter IV” for “subchapter V".

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives changed to Committee on Commerce of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. SUBCHAPTER III-ADVISORY PANEL ON

ALZHEIMER'S DISEASE

§ 11221. Establishment of Panel

(a) Composition; nonvoting ex officio members

There is established in the Department the Advisory Panel on Alzheimer's Disease (hereinafter referred to as the "Panel"). The Panel shall be composed of—

(1) 15 voting members appointed by the Director of the Office of Technology Assessment, of which

(A) 3 shall be individuals who are biomedical research scientists with demonstrated achievements in biomedical research relating to Alzheimer's disease, including at least one individual who is a researcher at a center supported under section 285e-2 of this title;

(B) 3 shall be individuals with demonstrated achievements in research relevant to services for the care of individuals with Alzheimer's disease and related dementias;

(C) 3 shall be individuals who are providers of services, or administrators of organizations which provide services, for individuals with Alzheimer's disease and related dementias and their families;

(D) 3 shall be individuals who are experts in the financing of health care services and long-term care services, including one individual who is a representative of private health care services insurers; and

(E) 3 shall be representatives of national voluntary organizations which are concerned with the problems of individuals with Alzheimer's disease and related dementias and their families; and

(2) the Chairman of the Council, the Director of the National Institute on Aging, the Director of the National Institute of Mental Health, the Assistant Administrator of the Agency for Health Care Policy and Research, and the Assistant Secretary for Aging, who shall be nonvoting ex officio members.

(b) Appointment of members

The Director of the Office of Technology Assessment shall appoint members to the Panel under subsection (a)(1) of this section within 90 days after November 14, 1986.

(c) Chairman

The Secretary shall appoint a Chairman of the Panel from among the members appointed under subsection (a)(1) of this section.

(d) Term of office; vacancy

(1)(A) Except as provided in subparagraph (B), members of the Panel appointed under subsection (a)(1) of this section shall each serve for a term of 3 years.

(B) of the members appointed under subsection (a)(1) of this section that are serving on the Panel on the day before October 24, 1992(i) five shall serve for a term that expires on October 24, 1992;

(ii) five shall serve for a term that expires 1 year after October 24, 1992; and

(iii) five shall serve for a term that expires 2 years after October 24, 1992.

(2) A vacancy on the Panel shall be filled in the same manner as the original appointment was made, and not later than 90 days after the date on which the vacancy first arises. A vacancy on the Panel shall not affect the powers of the Panel.

(e) Quorum; establishment of subcommittees

A majority of the members of the Panel appointed under subsection (a)(1) of this section shall constitute a quorum, but a lesser number may hold hearings. The Panel may establish such subcommittees as the Panel considers appropriate.

(f) Meetings

The Panel shall meet at the call of the Chairman, but not less than once per year.

(g) Executive Secretary; administrative staff and support

The Executive Secretary of the Council shall serve as Executive Secretary of the Panel. The Secretary shall provide the Panel with such additional administrative staff and support as may be necessary to enable the Panel to carry out its functions.

(h) Compensation; travel expenses

Each member of the Panel appointed under subsection (a)(1) of this section shall receive compensation at a rate at the daily equivalent of the maximum rate specified for GS-15 of the General Schedule under section 5332 of title 5 for each day, including travel time, that such member is engaged in duties as a member of the Panel. While away from their homes or regular places of business in the performance of duties as a member of the Panel, members of the Panel appointed under subsection (a)(1) of this section shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under section 5702 of title 5.

(i) Abolishment of Panel; termination

Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) on September 30, 1996, the Panel shall be abolished and all programs established under this subchapter shall terminate.

(Pub. L. 99-660, title IX, § 921, Nov. 14, 1986, 100 Stat. 3806; Pub. L. 102-507, § 6(a), Oct. 24, 1992, 106 Stat. 3283; Pub. L. 103-171, § 3(b)(3), Dec. 2, 1993, 107 Stat. 1991.)

REFERENCES IN TEXT

Section 14 of the Federal Advisory Committee Act, referred to in subsec. (1), is section 14 of Pub. L.

92-463, which is set out in the Appendix to Title 5, Government Organization and Employees.

CODIFICATION

October 24, 1992, referred to in subsec. (d)(1)(B), was in the original "the date of the enactment of this subsection" and "such date", which were translated as meaning the date of enactment of Pub. L. 102-507, which amended subsec. (d) generally, to reflect the probable intent of Congress.

AMENDMENTS

1993-Subsec. (a)(2). Pub. L. 103-171, which directed the substitution of "Assistant Secretary for Aging" for "Commissioner on Aging" in section 921(a)(2) of the Alzheimer's Disease and Related Dementias Services Research Act of 1986, was executed to this section, which is section 921 of the Alzheimer's Disease and Related Dementias Research Act of 1992, to reflect the probable intent of Congress, and the change in the Short Title of that Act. See section 901 of Pub. L. 99-660, as amended, set out as a Short Title note under section 11201 of this title.

1992-Subsec. (a)(2). Pub. L. 102–507, § 6(a)(1), substituted "the Administrator of the Agency for Health Care Policy and Research" for "the Director of the National Center for Health Services Research and Health Care Technology Assessment".

Subsec. (d). Pub. L. 102-507, § 6(a)(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "Members of the Panel shall serve for the life of the Panel. A vacancy on the Panel shall be filled in the same manner as the original appointment was made. A vacancy on the Panel shall not affect its powers."

Subsec. (f). Pub. L. 102-507, § 6(a)(3), substituted "once" for "twice".

Subsec. (h). Pub. L. 102-507, § 6(a)(4), substituted "at the daily equivalent of the maximum rate specified for GS-15 of the General Schedule under section 5332 of title 5" for "of $100 per day".

(i).

Subsec. (i). Pub. L. 102-507, § 6(a)(5), added subsec.

§ 11222. Functions of Panel

(a) The Panel shall assist the Secretary and the Council in the identification of priorities and emerging issues with respect to Alzheimer's disease and related dementias and the care of individuals with such disease and dementias. The Panel shall advise the Secretary and the Council with respect to the identification of

(1) emerging issues in, and promising areas of, biomedical research relating to Alzheimer's disease and related dementias;

(2) emerging issues in, and promising areas of, research relating to services for individuals with Alzheimer's disease and related dementias and their families;

(3) emerging issues and promising initiatives in home and community based services, and systems of such services, for individuals with Alzheimer's disease and related dementias and their families; and

(4) emerging issues in, and innovative financing mechanisms for, payment for health care services and social services for individuals with Alzheimer's disease and related dementias and their families, particularly financing mechanisms in the private sector.

(b) The Panel shall prepare and transmit to the Congress, the Secretary, and the Council, and make available to the public, an annual report. Such report shall contain such recom