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[PUBLIC-No. 244-75TH CONGRESS]

[CHAPTER 565—1ST SESSION]
[S. 2067]

AN ACT

To provide for, foster, and aid in coordinating research relating to cancer; to establish the National Cancer Institute; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of conducting researches, investigations, experiments, and studies relating to the cause, diagnosis, and treatment of cancer; assisting and fostering similar research activities by other agencies, public and private; and promoting the coordination of all such researches and activities and the useful application of their results, with a view to the development and prompt widespread use of the most effective methods of prevention, diagnosis, and treatment of cancer, there is hereby established in the Public Health Service a division which shall be known as the National Cancer Institute (hereinafter referred to as the "Institute").

SEO. 2. The Surgeon General of the Public Health Service (hereinafter referred to as the "Surgeon General") is authorized and directed for the purposes of this Act and subject to its provisions, through the Institute and in cooperation with the National Cancer Advisory Council hereinafter established

(a) To conduct, assist, and foster researches, investigations, experiments, and studies relating to the cause, prevention, and methods of diagnosis and treatment of cancer;

(b) To promote the coordination of researches conducted by the Institute and similar researches conducted by other agencies, organizations, and individuals;

(c) To procure, use, and lend radium as hereinafter provided; (d) To provide training and instruction in technical matters relating to the diagnosis and treatment of cancer;

(e) To provide fellowships in the Institute from funds appropriated or donated for such purpose;

(f) To secure for the Institute consultation services and advice of cancer experts from the United States and abroad; and

(g) To cooperate with State health agencies in the prevention, control, and eradication of cancer.

SEO. 3. There is hereby created the National Advisory Cancer Council (herein referred to as the "Council"), to consist of six members to be appointed by the Surgeon General with the approval of the Secretary of the Treasury, and of the Surgeon General, ex officio, who shall be chairman of the Council. The six appointed members shall be selected from leading medical or scientific authorities who are outstanding in the study, diagnosis, or treatment of cancer in the United States. Each appointed member shall hold office for a term of three years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the

term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of office of the members first taking office shall expire, as designated by the Surgeon General at the time of appointment, two at the end of the first year, two at the end of the second year, and two at the end of the third year after the date of the first meeting of the Council. No appointed member shall be eligible to serve continuously for more than three years but shall be eligible for reappointment if he has not served as a member of the Council at any time within twelve months immediately preceding his reappointment. Each appointed member shall receive compensation at the rate of $25 per day during the time spent in attending meetings of the Council and for the time devoted to official business of the Council under this Act, and actual and necessary traveling and subsistence expenses while away from his place of residence upon official business under this Act. SEC. 4. The Council is authorized

(a) To review research projects or programs submitted to or initiated by it relating to the study of the cause, prevention, or methods of diagnosis and treatment of cancer, and certify approval to the Surgeon General for prosecution under section 2 (a) hereof any such projects which it believes show promise of making valuable contributions to human knowledge with respect to the cause, prevention, or methods of diagnosis and treatment of cancer;

(b) To collect information as to studies which are being carried on in the United States or any other country as to the cause, prevention, and methods of diagnosis and treatment of cancer, by correspondence or by personal investigation of such studies, and with the approval of the Surgeon General make available such information through the appropriate publications for the benefit of health agencies and organizations (public or private), physicians, or any other scientists, and for the information of the general public;

(c) To review applications from any university, hospital, laboratory, or other institution, whether public or private, or from individuals, for grants-in-aid for research projects relating to cancer, and certify to the Surgeon General its approval of grants-in-aid in the cases of such projects which show promise of making valuable contributions to human knowledge with respect to the cause, prevention, or methods of diagnosis or treatment of cancer;

(d) To recommend to the Secretary of the Treasury for acceptance conditional gifts pursuant to section 6; and

(e) To make recommendations to the Surgeon General with respect to carrying out the provisions of this Act.

SEO. 5. In carrying out the provisions of section 2 the Surgeon General is authorized

(a) With the approval of the Secretary of the Treasury, to purchase radium, from time to time, without regard to section 8709 of the Revised Statutes; to make such radium available for use in carrying out the purposes of this Act; and, for such consideration and subject to such conditions as the Secretary of the Treasury shall prescribe, to lend such radium to institutions, now existing or hereafter established in the United States for the study of the cause, prevention, or methods of diagnosis or treatment of cancer, or for the treatment of cancer;

(b) To provide the necessary facilities where training and instruction may be given in all technical matters relating to diagnosis and treatment of cancer to such persons as in the opinion of the Surgeon General have proper technical training and shall be designated by him for such training or instruction; such persons while receiving training or instruction may, with the approval of the Surgeon General, receive a per-diem allowance to be fixed by the Surgeon General but not to exceed $10;

(c) To establish and maintain, with the approval of the Secretary of the Treasury, research fellowships in the Institute with such stípends or allowances (including traveling and subsistence expenses) as the Surgeon General may deem necessary to procure the assistance of the most brilliant and promising research fellows from the United States or abroad;

(d) To secure for the Institute, from time to time and for such periods as may be advisable, the assistance and advice of experts, scholars, and consultants from the United States or abroad who are learned and experienced in the problems involved in accomplishing the purposes of this Act;

(e) To make grants in aid for research projects certified by the Council pursuant to section 4 (c); and

(f) To adopt, upon recommendation of the Council and with the approval of the Secretary of the Treasury, such additional means as the Surgeon General may deem necessary or appropriate to carry out the provisions of sections 1 and 2 of this Act.

SEC. 6. The Secretary of the Treasury is authorized to accept on behalf of the United States gifts made unconditionally by will or otherwise for study, investigation, or research into the cause, prevention, and methods of diagnosis and treatment of cancer, or for the acquisition of grounds or for the erection, equipment, and maintenance of premises, buildings, and equipment for the Institute. Conditional gifts may be accepted by the Secretary if recommended by the Surgeon General and the Council. Any such gifts, if in money, shall be held in trusts and shall be invested by the Secretary of the Treasury in securities of the United States, and the principal or income thereof shall be expended by the Surgeon General, with the approval of the Secretary of the Treasury, for the purposes prescribed by this Act, subject to the same examination and audit as provided for appropriations made for the Public Health Service by Congress. Donations of $500,000 or over in aid of research under this Act shall be acknowledged permanently by the establishment within the Institute of suitable memorials to the donors.

SEC. 7. (a) There is hereby authorized to be appropriated a sum not to exceed $750,000 for the erection and equipment of a suitable and adequate building and facilities for the use of the Institute in carrying out the provisions of this Act. The Secretary of the Treasury is authorized to acquire, by purchase, condemnation, donation, or otherwise, a suitable and adequate site or sites in or near the District of Columbia for such building and facilities, and to erect thereon, furnish, and equip such buildings and facilities when funds are made available.

(b) There is hereby authorized to be appropriated the sum of $700,000 for each fiscal year, beginning with the fiscal year ending

June 30, 1938, for the purpose of carrying out the provisions of this Act (except subsection (a) hereof). Sums appropriated pursuant to this subsection may be expended in the District of Columbia for personal services, stenographic recording and translating services, by contract if deemed necessary, without regard to section 3709 of the Revised Statutes; traveling expenses (including the expenses of attendance at meetings when specifically authorized by the Surgeon General); rental, supplies and equipment, purchase and exchange of medical books, books of reference, directories, periodicals, newspapers, and press clippings; purchase, operation, and maintenance of motor-propelled passenger-carrying vehicles; printing and binding (in addition to that otherwise provided by law); and for all other necessary expenses in carrying out the provisions of this Act.

SEC. 8. (a) There is hereby authorized to be appointed in the Public Health Service, in accordance with applicable law, such commissioned officers as may be necessary to aid in carrying out the provi

sions of this Act.

(b) This Act shall not be construed as superseding or limiting (1) the functions, under any other Act, of the Public Health Service or any other agency of the United States relating to the study of the prevention, diagnosis, and treatment of cancer; or (2) the expenditure of money therefor.

(c) The Surgeon General with the approval of the Secretary of the Treasury is authorized to make such rules and regulations as may be necessary to carry out the provisions of this Act.

(d) The Surgeon General shall include in his annual report for transmission to Congress a full report of the administration of this Act, including a detailed statement of receipts and disbursements. (e) This Act shall take effect thirty days after the date of its

enactment.

(f) This Act may be cited as the "National Cancer Institute Act". Approved, August 5, 1937.

[PUBLIC-No. 319-75TH CONGRESS]

[CHAPTER 700-1ST SESSION]

[H. R. 3406]

AN ACT

For the relief of the Southeastern University of the Young Men's Christian Association of the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the certificate of incorporation and certificate of amendment thereto for the incorporation of the Southeastern Universi of the Young Men's Christian Association of the District of Columbia under subchapter 1 of chapter 18 of the Code of Laws of the District of Columbia (1929 D. C. Code, title 5, ch. 8) be, and the same are hereby, approved and confirmed, except as herein specifically altered and amended.

SEC. 2. That the name of the corporation shall be "Southeastern University".

SEO. 3. That the management of the said corporation shall be vested in a board of trustees consisting of not less than nine nor more than twenty-one in number as determined from time to time by said board of trustees, one-third of whom, at all times, shall be graduates of the said university, of the qualifications prescribed by the board of managers of the Young Men's Christian Association of the city of Washington, a corporation organized and existing under and by virtue of the Act of Congress approved June 28, 1864 (13 Stat. L. 411 and the Acts amendatory thereof), nominated by the alumni of the said university in the manner prescribed by said board of managers, and all of whom shall be elected by said board of managers; that C. C. Caywood, A. W. Defenderfer, L. W. DeGast, Charles E. Krey, George A. Lewis, George W. Offutt, John Poole, James P. Schick, H. Randolph Barbee, James A. Bell, Harvey T. Casbarian, and D. Roland Potter shall act as and constitute the first board of trustees under this Act and shall be classified with respect to the time for which they shall severally originally hold office into three equal classes, the first class for the term of one year, the second class for the term of two years, and the third class for the term of three years; the respective original terms of office of any additional trustees shall be such as to equalize said three classes, as far as possible; and the successors to each said class of trustees shall severally hold office for the term of three years, so that the term of office of one class shall expire annually.

SEC. 4. That the said board of trustees is authorized to (a) make, alter, and repeal bylaws for the management of the said corporation and rules and regulations for the government of the university and the "schools", faculty, and students thereof; (b) elect as officers of the said corporation and fix the salaries of a president, a treasurer, and a secretary, and such other officers as it may find necessary, for the respective terms and with the respective powers and duties as fixed by the bylaws of the said corporation; (c) appoint, from among

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