cial support

a medical library or related instrumentality for any fiscal year exceed $200,000; and grants to such medical libraries Private finanor related instrumentalities shall be in such amounts as the Secretary may by regulation prescribe with a view. to assuring adequate continuing financial support for such libraries or instrumentalities from other sources during and after the period for which Federal assistance is provided.

"Annual oper

The "annual operating expense" of a library or related ating expense" instrumentality shall, for purposes of the preceding sentence, be an amount equal (if such annual operating expense is to be determined with respect to the first grant to be made to such library or instrumentality under this section) to the amount of the average of the annual operating expenses of such library or instrumentality over the three fiscal years preceding the year in which such grant is applied for; and if such library or related instrumentality has been operating for less than three years prior to applying for such grant, its "annual operating expense" shall be an amount determined by the Secretary pursuant to regulations prescribed by him. For the second or succeeding fiscal year in which a grant is made to a library or related instrumentality, the "annual operating expense" of such library or related instrumentality shall, for purposes of such sentence, be equal to its operating expense (exclusive of Federal financial assistance under this part) for the preceding fiscal year.

GRANTS FOR ESTABLISHMENT OF REGIONAL MEDICAL

LIBRARIES

280b-8

SEC. 397.18 (a) In order to enable the Secretary to 42 U.S.C. carry out the purposes of section 390 (b) (6), there are au- Appropriation thorized to be appropriated $3,000,000 for the fiscal year ending June 30, 1971, $3,250,000 for the fiscal year ending June 30, 1972, and $3,500,000 for the fiscal year ending June 30, 1973. Sums made available under this section shall be utilized by the Secretary, with the advice of the Board, to make grants to existing public or private nonprofit medical libraries so as to enable each of them to serve as the regional medical library for the geographical area in which it is located.

(b) The uses for which grants made under this section may be employed include, but are not limited to, the following

(1) acquisition of books, journals, and other simi- Uses lar materials;

(2) cataloging, binding, and other procedures for processing library resource materials for use by those who are served by the library;

18 Sec. 398 redesignated as sec. 397 by sec. 10(c)(3) and further amended by sec. 2(f) and sec. 7 of P.L. 91–212.

Conditions for grants

Priority factors

Limitation

(3) acquisition of duplicating devices and other equipment to facilitate the use of the resources of the library by those who are served by it;

(4) acquisition of mechanisms and employment of personnel for the speedy transmission of materials from the regional library to local libraries in the geographic area served by the regional library; (5) planning for services and activities under this section; and

(6) construction, renovation, rehabilitation, or expansion of physical plant considered necessary by such library to carry out its proper functions as a regional library.

(c) (1) Grants under this section shall be made only to medical libraries which agree (A) to modify and increase their library resources, and to supplement the resources of cooperating libraries in the region, so as to be able to provide adequate supportive services to all libraries in the region as well as to individual users of library services, (B) to provide free loan services to qualified users, and make available photoduplicated or facsimile copies of biomedical materials which qualified requesters may retain.

(2) The Secretary, in awarding grants under this section, shall give priority to medical libraries having the greatest potential of fulfilling the needs for regional medical libraries. In determining the priority to be assigned to any medical library, he shall consider

(A) the adequacy of the library (in terms of collections, personnel, equipment, and other facilities) as a basis for a regional medical library; and

(B) the size and nature of the population to be served in the region in which the library is located. (d) Grants under this section for construction, renovation, rehabilitation, or expansion of physical plant shall be made in the same manner and subject to the same conditions as are provided for grants made under section 393, except that the eligibility for any such grant would be determined on the basis of the construction requirements of the library so as to be able to serve as a regional medical library. Grants under this section for basic resource materials to a library may not exceed 50 per centum of the library's annual operating expense (exclusive of Federal financial assistance under this part) for the preceding year; or in case of the first year in which the library receives a grant under this section for basic resource materials, 50 per centum of its average annual operating expenses over the past three years (or if it had been in operation for less than three years, its annual operating expenses determined by the Secretary in accordance with regulations prescribed by him).

(e) Payment pursuant to grants made under this section may be made in advance or by way of reimbursement

and in such installment as the Secretary shall prescribe by regulations after consultation with the Board.

(f) The Secretary may also carry out the purposes of this section through contracts, and such contracts shall be subject to the same limitations as are provided in this section for grants.

FINANCIAL SUPPORT OF BIOMEDICAL SCIENTIFIC

PUBLICATIONS

42 U.S.C.

SEC. 398.19 (a) In order to enable the Secretary to carry 280b-9 out the purposes of section 390 (b) (7), there are hereby Appropriation authorized to be appropriated for each fiscal year, beginning with the fiscal year ending June 30, 1966, and ending with the fiscal year ending June 30, 1973, such sums, not to exceed $1,000,000 for any fiscal year, as may be necessary. Sums made available under this section shall be utilized by the Secretary, with the advice of the Board, in making grants to, and entering into appropriate contracts with, public or private nonprofit institutions of higher education and individual scientists for the purpose of supporting biomedical scientific publications of a nonprofit nature and to procure the compilation, writing, editing, and publication of reviews, abstracts, indices, handbooks, bibliographies, and related matter pertaining to scientific works and scientific developments.

(b) Grants under this section in support of any single periodical publication may not be made for more than three years, except in those cases in which the Secretary determines that further support is necessary to carry out the purposes of this section.

(c) Payment pursuant to grants made under this section may be made in advance or by way of reimbursement and in such installments as the Secretary shall prescribe by regulations after consultation with the Board.

CONTINUING AVAILABILITY OF APPROPRIATED FUNDS

280b-10

SEC. 399.20 Funds appropriated to carry out any of the 42U.S.C. purposes of this part for any fiscal year shall remain available for such purposes for the fiscal year immediately following the fiscal year for which they were appropriated.

RECORDS AND AUDIT

280b-11

SEC. 399a.20 (a) Each recipient of a grant under this 42 U.S.c. part shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in

"Sec. 399 redesignated as sec. 398 by sec. 10 (c)(3) and further amended by sec. 2(g) and sec. 8 of P.L. 91-212.

Sec. 399a redesignated as sec. 399 by sec. 10 (c) (3) and sec. 399b redesignated as 399a by sec. 10 (c) (3) of P.L. 91–212.

42 U.S.C. 280b-12

connection with which such grant is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

(b) The Secretary of Health, Education, and Welfare and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients that are pertinent to any grant received under the provisions of this part.

TRANSFERABILITY OF FUNDS

SEC. 399b. 21 (a) notwithstanding any other provision of this part, whenever there is appropriated any amount for any fiscal year (beginning with the fiscal year ending June 30, 1971) to carry out any particular program or activity authorized by this part, the Secretary shall have the authority to transfer sums from such amount, for the purpose of carrying out one or more of the other programs or activities authorized by this part; except that

(1) the aggregate of the sums so transferred from any such amount shall not exceed 10 per centum thereof,

(2) the aggregate of the sums so transferred to carry out any such program or activity for any fiscal year shall not exceed 20 per centum of the amount appropriated to carry out such program or activity for such year, and

(3) sums may not be transferred for any fiscal year to carry out any such program or activity if such transfer would result in there being available (from appropriated funds plus the sums so transferred) to carry out such program or activity for such year amounts in excess of the amounts authorized to be appropriated for such year to carry out such program or activity.

(b) Any sums transferred under subsection (a) for any fiscal year for the purpose of carrying out any program or activity shall remain available for such purpose to the same extent as are funds which are specifically appropriated for such purpose for such year.

21 New sec. 399b added by sec. 9 of P.L. 91–212.

TITLE IV-NATIONAL RESEARCH

INSTITUTES 1

PART A-NATIONAL CANCER INSTITUTE 2

3

TO BE A DIVISION IN NATIONAL INSTITUTES OF HEALTH

SEC. 401. The National Cancer Institute shall be a division in the National Institutes of Health.

3

CANCER RESEARCH, AND SO FORTH

42 U.S.C. 281

SEC. 402. In carrying out the purposes of section 301 42 U.S.C. 282 with respect to cancer, the Surgeon General, through

the National Cancer Institute and in cooperation with the National Cancer Advisory Council, shall

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

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

(c) provide training and instruction in technical matters relating to the diagnosis and treatment of

cancer;

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

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

(f) cooperate with State health agencies in the prevention, control, and eradication of cancer;

(g) procure, use, and lend radium as provided in section 403.

ADMINISTRATION

SEC. 403. (a) In carrying out the provisions of section 42 U.S.C. 283 402 all appropriate provisions of section 301 shall be applicable to the authority of the Surgeon General, and he is authorized

(1) to purchase radium, from time to time with

'The heading of Title IV was amended by sec. 2(a) of P.L. 692, 81st Congress.

Sec. 3(b) of the National Heart Act (P.L. 655, 80th Congress) added the designation of secs. 401 to 406, inclusive, as pt. A.

'Subtitle and sec. 401 were amended by sec. 6(b) of the National Heart Act (P.L. 655, 80th Congress) by adding "s" to "Institute.'

'Par. (1) of subsec. (a) and subsec. (b) were amended by sec. 6(c) of the National Heart Act (P.L. 655, 80th Congress), by changing the word "title" to "part.'