National Cancer Act Amendments
PL 93-352 (S.2893), enacted 07/23/1974

358 
PUBLIC LAW 93-352-JULY 23, 1974 
[88 STAT. 
Local contri-
butions, required 
proportion. 
42 u s e 3045f. 
Level of as-
sistance. 
Food stamps, 
regulations. 
subsection (a) and redesignating the present subsection (b) as sub-
section (c) : 
" (b) In no event shall the required proportion of the local contribu-
tion (including in-kind contributions) for a grant or contract made 
under this section be more than 10 per centum in the first year of assist-
ance under this section, 20 per centum in the second such year, 30 per 
centum in the third such year, 40 per centum in the fourth such year, 
and 50 per centum in any subsequent such years: Provided^ lioweiieT^ 
That the Director may make exceptions in cases of demonstrated need, 
determined (in accordance with regulations which the Director shall 
prescribe) on the basis of the financial capability of a particular recip-
ient of assistance under this section, to permit a lesser local contribution 
proportion than any required contribution proportion established by 
the Director in generally applicable regulations.". 
SEC. 5. Section 707 of the Older Americans Act of 1965 is amended 
by adding at the end thereof the following new subsections: 
"(d) In donating commodities pursuant to this section, the Secretary 
of Agriculture shall maintain an annually programed level of assist-
ance of not less than 10 cents per meal: Provided^ That this amount 
shall be adjusted on an annual basis each fiscal year after June 30, 
1975, to reflect changes in the series for food away from home of the 
Consumer Price Index published by the Bureau of Labor Statistics of 
the Department of Labor. Such adjustment shall be computed to the 
nearest one-fourth cent. Among the commodities delivered under this 
section, the Secretary shall give special emphasis to high protein 
foods, meat, and meat alternates. The Secretary of Agriculture, in 
consultation with the Commissioner, is authorized to prescribe the 
terms and conditions respecting the donating of commodities pursuant 
to this section, and, within ninety days after the date of enactment of 
this subsection (d), the Secretary of Agriculture shall issue regulations 
governing the donation of such commodities. 
"(e) The Secretary of Agriculture in consultation with the Com-
missioner shall, within ninety days after the date of enactment of this 
subsection, issue regulations clarifying the use of food stamps under 
this title.". 
Approved July 12, 1974. 
Public Law 93-352 
July 23, 1974 
[S. 2893] 
National can-
cer program, im-
provement. 
National Cancer 
Act Amendments 
of 1974. 
42 u s e 282 
note. 
42 u s e 282. 
AN ACT 
To amend the Public Health Service Act to improve tlie national cancer program 
and to authorize appropriations for such program for the next three fiscal 
years. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress 
assembled, 
TITLE I—EXTENSION OF (\\NCER 
PROGRAM 
SEC. 101. This title may be cited as the "National Cancer Act Amend-
ments of 1974". 
SEC. 102. Section 402(b) of the Public Health Service Act is 
amended— 
(1) by striking out "in amounts not to exceed $35,000" in para-
graph (1) and inserting in lieu thereof "if the direct costs of such 
research and training do not exceed $35,000, but only"; and 
(2) by striking out "in amounts exceeding $35,000" in para-
88 
STAT.] 
PUBLIC LAW 93-352-JULY 23, 1974 
359 
42 u s e 286a. 
42 u s e 286b. 
42 use 286c. 
graph (2) and inserting in lieu thereof ''if the direct costs of such 
research and training exceed $35,000, but only". 
SEC. 103. Section 407(b)(4) of the Public Health Service Act is 
amended by striking out "all data" and inserting in lieu thereof 
"information (including information respecting nutrition programs 
for cancer patients and the relationship betM'een nutrition and cancer)". 
SEC. 104. Section 407(b)(7) of the Public Health Service Act is 
amended by striking out "where appropriate". 
SEC. 105. Section 407(b) (9) (A) of the Public Health Service Act is 
amended by inserting "(including an estimate of the number and type 
of personnel needed for the National Cancer Program)" after "budget 
estimate". 
SEC. 106. Section 408 (a) of the Public Health Service Act is amended 
by striking out "fifteen". 
SEC. 107. (a) Subsection (a) of section 409 of the Public Health 
Service Act is amended by inserting before the period at the end 
thereof a comma and the following: "including programs to provide 
appropriate trials of programs of routine exfoliative cytology tests 
conducted for the diagnosis of uterine cancer". 
(b) Subsection (b) of such section is amended by striking out "and" 
before "$40,000,000" and by inserting before the period at the end 
thereof a comma and the following: "$53,500,000 for the fiscal year 
ending June 30, 1975, $68,500,000 for the fiscal year ending June 30, 
1976, and $88,500,000 for the fiscal year ending June 30, 1977". 
SEC. 108. Section 410 of the Public Health Service Act is amended— 
^^ use 286d 
(1) by striking out "fifty" in paragraph (1) and inserting in 
lieu thereof "one hundred"; 
(2) by striking out "and" at the end of paragraph (7) ; 
(3) by striking out the period at the end of paragraph (8) and 
inserting in lieu thereof "; and"; 
(4) by adding after paragraph (8) the following new para-
graph : 
" (9) to award grants for new construction as well as alterations 
and renovations for improvement of basic research laboratory 
facilities, including those related to biohazard control, as deemed 
necessary for the National Cancer Program."; and 
(5) by inserting " ( a ) " after "410." and by adding after para-
graph (9) the following new subsection: 
"(b) (1) The Director of the National Cancer Institute shall pro-
vide and contract for a program to disseminate and interpret, on a 
current basis, for practitioners and other health professionals, scien-
tists, and the general public scientific and other information respect-
ing the cause, prevention, diagnosis, and treatment of cancer. 
"(2) The Director of the National Cancer Institute shall include 
in the annual report required by section 410A(b) a report on the 
progress, activities, and accomplishments of, and expenditures for, 
the information services of the National Cancer Program." 
SEC. 109. Section 410C of the Public Health Service Act is amended 
by striking out "and" before "$600,000,000" and by inserting before 
the period at the end thereof a semicolon and the following: 
"$750,000,000 for the fiscal year ending June 30, 1975; $830,000,000 
for the fiscal year ending June 30, 1976; and $985,000,000 for the 
fiscal year ending June 30,1977". 
Information 
dissemination 
program. 
Report. 
42 u s e 286e. 
42 u s e 286g. 
360 
PUBLIC LAW 93-352-JULY 23, 1974 
[88 
STAT. 
Anto, p. 135, 
342. 
SEC. 110. The part H of the Public Health Service Act relating to 
the appointment of the Directors of the National Institutes of Health 
and the National Cancer Institute is redesignated as part I, section 
461 of such part is redesignated as section 471, and such part is 
amended by adding at the end the following new section: 
42 use 289M. 
42 use 241, 
Effective date. 
42 USe 289Z 
42 use 201 
note. 
"PEER REVIEW OF GRANT APPLICATIONS AND CONTRACT PROJECTS 
"SEC. 472. (a) The Secretary, after consultation with the Director of 
the National Institutes of Health, and, where appropriate, the Direc-
tors of the National Institute of Mental Health, the National Insti-
tute on Alcohol Abuse and Alcoholism, and the National Institute on 
Drug Abuse, shall by regulation require appropriate scientific peer 
review of— 
"(1) applications made after the effective date of such regula-
tions for grants under this Act for biomedical and behavioral 
research; and 
"(2) biomedical and behavioral research and development con-
tract projects to be administered after such effective date through 
an institute established under this title, the National Institute 
on Alcohol Abuse and Alcoholism, or the National Institute on 
Drug Abuse. 
"(b) Regulations promulgated under subsection (a) shall, to the 
extent practical, require that the review of grant applications required 
by the regulations be conducted— 
"(1) in a manner consistent with the system for scientific peer 
review applicable on the date of the enactment of this section to 
applications for grants under this Act for biomedical and behav-
ioral research, and 
" (2) by peer review groups performing such review on or before 
such date. 
"(c) The members of any peer review group established under such 
regulations shall be individuals who by virtue of their training or 
experience are eminently qualified to perform the review functions of 
the group and not more than one-fourth of the members of any peer 
review group established under such regulations shall be officers or 
employees of the United States." 
SEC. 111. Section 301(h) of the Public Health Service Act is 
amended bv striking out "during the fiscal year ending June 30,1966, 
and each of the eight succeeding fiscal years". 
SEC. 112. (a) The first sentence of section 471 of the Public Health 
Service Act (as so redesignated by section 110) is amended to read as 
follows: "The Director of the National Institutes of Health shall be 
appointed by the President by and with the advice and consent of the 
Senate; and the Director of the National Cancer Institute shall be 
appointed by the President." 
(b) The amendment made by subsection (a) shall apply with respect 
to appointments to the office of Director of the National Institutes 
of Health made after the date of the enactment of this Act. 
SEC. 113. Section 601 of the Medical Facilities Construction and 
Modernization Amendments of 1970 is amended by striking out "end-
ing prior to July 1, 1974,". 
88 STAT. ] 
PUBLIC LAW 93-352^JULY 23, 1974 
TITLE II—BIOMEDICAL RESEARCH 
SEC. 201. (a)(1) There is established the President's Biomedical 
Research Panel (hereinafter in this section referred to as the "Panel") 
which shall be composed of (A) the Chairman of the President's 
Cancer Panel (established under section 407(c) of the Public Health 
Service Act); and (B) six members appointed by the President who 
by virtue of their training, experience, and background are excep-
tionally qualified to carry out the duties of the Panel. At least five of 
the members of the Panel shall be distinguished scientists or physi-
cians. The appointed members of the Panel shall be appointed for the 
life of the Panel. 
(2) The President shall designate one of the appointed members to 
serve as Chairman of the Panel. 
(3) Appointed members of the Panel shall each be entitled to receive 
the daily equivalent of the annual rate of basic pay in effect for grade 
GS-18 of the General Schedule for each day (including traveltime) 
during which they are engaged in the actual performance of duties 
vested in the Panel; and while away from their homes or regular places 
of business in the performance of services for the Panel, all members of 
the Panel shall be allowed travel expenses, including per diem in lieu 
of subsistence, in the same manner as persons employed intermittently 
in the Government service are allowed expenses under section 5703(b) 
of title 5 of the United States Code. 
(4) The Panel may appoint and fix the pay of such personnel as it 
deems necessary to carry out its duties. 
(b) The Panel shall— 
(1) review and assess, 
(2) identify and make recommendations with respect to policy 
issues concerning the subject and content of, and 
(3) identify and make recommendations with respect to policy 
issues concerning the organization and operation of, 
biomedical and behavioral research conducted and supported under 
programs of the National Institutes of Health and the National Insti-
tute of ]\rental Health. 
(c) (1) Not later than the expiration of the 15-month period begin-
ning on the first day of the first month that follows the date on which 
all of the appointed members of the Panel have taken office, the Panel 
shall submit simultaneously to the President and to the Congress a 
comprehensive report of (A) its findings made on the basis of the 
review and assessment conducted iinder clause (1) of subsection (b). 
and (B) the policy issues identified under clauses (2) and (3) of such 
subsection and the Panel's recommendations with respect to such issues. 
(2) The Panel shall terminate upon the expiration of the 18-month 
period beginning on the first day of the first month that follows the 
date on which all of the appointed members of the Panel have taken 
office. 
Approved July 23, 1974. 
361 
President's 
Biomedical Re-
search Panel. 
Establishment. 
42 use 2891-1 
note. 
42 use 286a. 
eompensati.on. 
5 use 5332 
note. 
Report to Pres-
ident and Con-
gress. 
Termination.