An Act to amend the Public Health Service Act to establish a program of National Research Service Awards to assure the continued excellence of biomedical and behavioral research and to provide for the protection of human subjects involved in biomedical and behavioral research and for other purposes.
PL 93-348 (H.R.7724), enacted 07/12/1974

342 
PUBLIC LAW 93-348-JULY 12, 1974 
[88 STAT. 
Public Law 93-348 
July 12,1974 
[H. R. 7724] 
AN ACT 
National Re-
search Act. 
42 u s e 289/-1 
note. 
National Re-
search Service 
Award Act of 
1974. 
42 u s e 289Z-1 
note. 
42 u s e 289Z-1 
note. 
To amend the Public Health Service Act to establish a program of National 
Research Service Awards to assure the continued excellence of biomedical and 
behavioral research and to provide for the protection of human subjects 
involved in biomedical and behavioral research and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
SECTION 1. This Act may be cited as the "National Research Act". 
TITLE I—BIOMEDICAL AND BEHAVIORAL 
RESEARCH 
TRAINING 
SHORT TITLE 
SEC. 101. This title may be cited as the "National Research Service 
Award Act of 1974". 
FINDINGS AND DECLARATION OF PURPOSE 
SEC. 102. (a) Congress finds and declares that— 
(1) the success and continued viability of the Federal biomedi-
cal and behavioral research effort depends on the availability of 
excellent scientists and a network of institutions of excellence 
capable of producing superior research personnel; 
(2) direct support of the training of scientists for careers in 
biomedical and behavioral research is an appropriate and neces-
sary role for the Federal Government; and 
(3) graduate research assistance programs should be the key 
elements in the training programs of the institutes of the National 
Institutes of Health and the Alcohol, Drug Abuse, and Mental 
Health Administration. 
(b) It is the purpose of this title to increase the capability of the 
institutes of the National Institutes of Health and the Alcohol, Drug 
Abuse, and Mental Health Administration to carry out their respon-
sibility of maintaining a superior national program of research into 
the physical and mental diseases and impairments of man. 
Ante, 
p. 135. 
BIOMEDICAL AND BEHAVIORAL RESEARCH 
TRAINING 
SEC. 103. 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 sections: 
u 
42 u s e 289^-1. 
NATIONAL RESEARCH SERVICE AWARDS 
"SEC. 472. (a)(1) The Secretary shall— 
" (A) provide National Research Service Awards for— 
"(i) biomedical and behavioral research at the National 
Institutes of Health and the Alcohol, Drug Abuse, and Mental 
Health Administration in matters relating to the cause, diag-
nosis, prevention, and treatment of the disease (or diseases) 
or other health problems to which the activities of the 
Institutes and Administration are directed, 
"(ii) training at the Institutes and Administration of 
individuals to undertake such research. 
88 STAT.] 
PUBLIC LAW 93-348-JULY 12, 1974 
343 
"(iii) biomedical and behavioral research at non-Federal 
public institutions and at nonprofit private institutions, and 
"(iv) pre- and postdoctoral training at such public and 
private institutions of individuals to undertake such research; 
and 
"(B) make grants to non-Federal public institutions and to 
nonprofit private institutions to enable such institutions to make 
to individuals selected by them National Research Service Awards 
for research (and training to undertake such research) in the 
matters described in subparagraph (A)(i). 
A reference in this subsection to the National Institutes of Health or 
the Alcohol, Drug Abuse, and Mental Health Administration shall be 
considered to include the institutes, divisions, and bureaus included in 
the Institutes or under the Administration, as the case may be. 
"(2) National Research Service Awards may not be used to support 
residencies. 
"(3) Effective July 1, 1975, National Research Service Awards may 
be made for research or research training in only those subject areas 
for which, as determined under section 473, there is a need for 
personnel. 
"(b) (1) No National Research Service Award may be made by the 
Secretary to any individual unless— 
"(A) the individual has submitted to the Secretary an applica-
tion therefor and the Secretary has approved the application; 
"(B) the individual provides, in such form and manner as the 
Secretary shall by regulation prescribe, assurances satisfactory 
to the Secretary that the individual will meet the service require-
ment of subsection (c)(1); and 
"(C) in the case of a National Research Service Award for a 
purpose described in subsection (a)(l)(A)(iii) or (a)(1)(A) 
(iv), the individual has been sponsored (in such manner as the 
Secretary may by regulation require) by the institution at which 
the research or training under the xVward will be conducted. 
An application for an Award shall be in such form, submitted in such 
manner, and contain such information, as the Secretary may by 
regulation prescribe. 
"(2) The award of National Research Service Awards by the Secre-
tary under subsection (a) and the making of grants for such Awards 
shall be subject to review and approval by the appropriate advisory 
councils to the entities of the National Institutes of Health and the 
Alcohol, Drug Abuse, and Mental Health Administration (A) whose 
activities relate to the research or training under the Awards, or (B) 
at which such research or training Avill be conducted. 
"(3) No grant may be made under subsection (a)(1)(B) unless an 
application therefor has been submitted to and approved by the Sec-
retary. Such application shall be in such form, submitted in such 
manner, and contain such information, as the Secretary may by regu-
lation prescribe. Subject to the provisions of this section other than 
paragraph (1) of this subsection, National Research Service Awards 
made under a grant under subsection (a)(1)(B) shall be made in 
accordance with such regulations as the Secretary shall prescribe. 
"(4) The period of any National Research Service Award made to 
any individual under subsection (a) may not exceed three years in the 
aggregate unless the Secretary for good cause shown waives the 
application of the three-year limit to such individual. 
Non-Federal 
public and non-
profit private 
institutions, 
grants. 
Prohibition. 
Post, 
p. 345. 
Application. 
Application 
approval. 
Three-year 
limitation. 
344 
PUBLIC LAW 93-348-JULY 12, 1974 
[88 STAT. 
Stipends and 
allowances. 
Health research 
or teaching, par-
ticipation. 
42 u s e 1395mm, 
42 USC300e-l, 
Health-related 
activities. 
"(5) National Research Service Awards shall provide for such 
stipends and allowances (including travel and subsistence expenses 
and dependency allowances) for the recipients of the Awards as the 
Secretary may deem necessary. A National Research Service Award 
made to an individual for research or research training at a non-
Federal public or nonprofit private institution shall also provide for 
payments to be made to the institution for the cost of support services 
(including the cost of faculty salaries, supplies, equipment, general 
research support, and related items) provided such individual by such 
institution. The amount of any such payments to any institution shall 
be determined by the Secretary and shall bear a direct relationship 
to the reasonable costs of the institution for establishing and maintain-
ing the quality of its biomedical and behavioral research and training 
programs. 
"(c)(1)(A) Each individual who receives a National Research 
Service Award shall, in accordance with paragraph (8), engage in— 
"(i) health research or teaching, 
"(ii) if authorized under subparagraph (B), serve as a mem-
ber of the National Health Service Corps or serve in his specialty, 
or 
"(iii) if authorized under subparagraph (C), serve in a health 
related activity approved under that subparagraph, 
for a period computed in accordance with paragraph (2). 
"(B) Any individual who received a National Research Service 
Award and who is a physician, dentist, nurse, or other individual 
trained to provide health care directly to individual patients may, 
upon application to the Secretary, be authorized by the Secretary to— 
"fi) serve as a member of the National Health Service Corps, 
"(ii) serve in his specialty in private practice in a geographic 
area designated by the Secretary as requiring that specialty, or 
"(iii) provides services in his specialty for a health mainte-
nance organization to which payments may be made under section 
1876 of title X V I I I of the Social Security Act and which serves a 
medically underserved population (as defined in section 1302(7) 
of this Act), 
in lieu of engaging in health research or teaching if the Secretary 
determines that there are no suitable health research or teaching posi-
tions available to such individual. 
"(C) Where appropriate the Secretary may, upon application, 
authorize a recipient of a National Research Service Award, who is not 
trained to provide health care directly to individual patients, to engage 
in a health-related activity in lieu of engaging in health research or 
teaching if the Secretary determines that tliorc are no suitable health 
research or teaching positions available to such individual. 
"(2) For each year for which an individual receives a National 
Research Service Award he shall— 
" (A) for twelve months engage in health research or teaching 
or, if so authorized, serve as a member of the National Health 
Service Corps, or 
"(B) if authorized under paragraph (1)(B) o r ( l ) ( C ) , for 
twenty months serve in his specialty or engage in a health-related 
activity. 
"(3) The requirement of paragraph (1) shall be complied with by 
any individual to whom it applies within such reasonable period of 
time, after the completion of such individual's Award, as the Secre-
tary shall by regulation prescribe. The Secretary shall (A) by 
regulation prescribe (i) the type of research and teaching which an 
individual may engage in to comply with such requirement, and (ii) 
88 STAT. ] 
PUBLIC LAW 93-348-JULY 12, 1974 
345 
such other requirements respecting such research and teaching and 
alternative service authorized under paragraphs (1) (B) and (1) (C) 
as he deems necessary; and (B) to the extent feasible, provide that the 
members of the National Health Service Corps who are serving in the 
Corps to meet the requirement of paragraph (1) shall be assigned to 
patient care and to positions which utilize the clinical training and 
experience of the members. 
"(4) (A) If any individual to whom the requirement of paragraph 
Noncompliance, 
(1) is applicable fails, withm the period prescribed by paragraph (t>), 
to comply with such requirement, the United States shall be entitled 
to recover from such individual an amount determined in accordance 
with the formula— 
in which 'A' is the amount the United States is entitled to recover; 
'(/>' is the sum of the total amount paid under one or more National 
Research Service Awards to such individual and the interest on such 
amount which would be payable if at the time it was paid it was a loan 
bearing interest at a rate fixed by the Secretary of the Treasury after 
taking into consideration private consumer rates of interest prevailing 
at the time each Award to such individual was made; 't' is the total 
number of months in such individual's service obligation; and 's' is 
the number of months of such obligation served by him in accordance 
with paragraphs (1) and (2) of this subsection. 
"(B) Any amount which the United States is entitled to recover 
under subparagraph (A) shall, within the three-year period beginning 
on the date the United States becomes entitled to recover such amount, 
be paid to the United States. Until any amount due the United States 
under subparagraph (A) on account of any National Research Serv-
ice Award is paid, there shall accrue to the United States interest on 
such amount at the same rate as that fixed by the Secretary of the 
Treasury under subparagraph (A) to determine the amount due the 
LTnited States. 
"(4) (A) Any obligation of any individual under paragraph (3) cancinatlon^' 
shall be canceled upon the death of such individual. 
waiver or suspen-
''(B) The Secretary shall by regulation provide for the waiver or ^'°"-
suspension of any such obligation applicable to any individual when-
ever compliance by such individual is impossible or would involve 
extreme hardship to such individual and if enforcement of such obli-
gation with respect to any individual would be against equity and 
good conscience. 
"(d) There are authorized to be appropriated to make payments 
Appropriation. 
under National Research Service Awards and under grants for such 
Awards $207,947,000 for the fiscal year ending June 30, 1975. Of the 
sums appropriated under this subsection, not less than 25 per centum 
shall be made available for payments under National Research Service 
Awards provided by the Secretary under subsection (a) (1) (A). 
"STUDIES RESPECTING BIOMEDICAL AND BEHAVIORAL RESEARCH PERSONNEL 
"SEC. 473. (a) The Secretary shall, in accordance with subsection 
(b), arrange for the conduct of a continuing study to— 
" (1) establish (A) the Nation's overall need for biomedical and 
behavioral research personnel, (B) the subject areas in which 
such personnel are needed and the number of such personnel 
needed in each such area, and (C) the kinds and extent of training 
which should be provided such personnel; 
42 u s e 289i-2. 
346 
PUBLIC LAW 93-34S-JULY 12, 1974 
[88 STAT. 
Report to con-
gressional com-
mittees. 
"(2) assess (A) current training programs available for the 
training of biomedical and behavioral research personnel which 
are conducted under this Act at or through institutes under the 
National Institutes of Health and the Alcohol, Drug Abuse, and 
Mental Health Administration, and (B) other current training 
programs available for the training of such personnel; 
"(3) identify the kinds of research positions available to and 
held by individuals completing such programs; 
"(4) determine, to the extent feasible, whether the programs 
referred to in clause (B) of paragraph (2) would be adequate to 
meet the needs established under paragraph (1) if the programs 
referred to in clause (A) of paragraph (2) were terminated; and 
"(5) determine what modifications in the programs referred to 
in paragraph (2) are required to meet the needs established under 
paragraph (1). 
"(b)(1) The Secretary shall rec^uest the National Academy of 
Sciences to conduct the study required by subsection (a) under an 
arrangement under which the actual expenses incurred by such Acad-
emy in conducting such study will be paid by the Secretary, If the 
National Academy of Sciences is willing to do so, the Secretary shall 
enter into such an arrangement with such Academy for the conduct 
of such study. 
"(2) If the National Academy of Sciences is unwilling to conduct 
such study under such an arrangement, then the Secretary shall enter 
into a similar arrangement with other appropriate nonprofit private 
groups or associations under which such groups or associations will 
conduct such study and prepare and submit the reports thereon as 
provided in subsection (c). 
"(c) A report on the results of such study shall be submitted by the 
Secretary to the Committee on Interstate and Foreign Commerce of 
the House of Representatives and the Committee on Labor and Public 
Welfare of the Senate not later than March 31 of each year." 
42 use 241. 
Clinical train-
ing and instruc-
tion. 
42 u s e 242a. 
42 use 282. 
42 u s e 286a. 
CONFORMING AMENDMENTS 
SEC. 104. (a)(1) Section 301 of the Public Health Service Act i& 
amended (A) by striking out paragraph (c); (B) by striking out in 
paragraph (d) "or research training" each place it occurs, "and 
research training programs", and "and research training program"; 
and (C) by redesignating paragraphs (d), (e), (f), (g), (h),and (i) 
as paragraphs (c), (d), (e), (f), (g), and (h), respectively. 
(2) (A) Section 303(a)(1) of such Act is amended to read as 
follows: 
"(1) to provide clinical training and instruction and to estab-
lish and maintain clinical traineeships (with such stipends and 
allowances (including travel and subsistence expenses and depend-
ency allowances) for the trainees as the Secretary may deem 
necessary) ;". 
(B) Section 303(b) of such Act is amended by inserting before the 
first sentence the following: "The Secretar;^ may provide for training, 
instruction, and traineeships under subsection (a) (1) througn grants 
to public and other nonprofit institutions.". 
(3) Section 402(a) of such Act is amended (A) by striking out 
"training and instruction" in paragraph (3) and inserting in lieu 
thereof "clinical training and instruction", and (B) by striking out 
paragraph (4) and by redesignating paragraphs (5), (6), and (7) 
as paragraphs (4), (5), and (6), respectively. 
(4) Section 407(b) (7) of such Act is amended (A) by striking out 
88 STAT. ] 
PUBLIC LAW 93-348-JULY 12, 1974 
347 
"and basic research and treatment", and (B) by striking out "where 
appropriate". 
(5) Section 408(b) (3) of such Act is amended by inserting "clini-
cal" before "training" each place it occurs. 
(6) Section 412(7) of such Act is amended by striking out "(1) 
establish and maintain" and all that follows down through and includ-
ing "maintain traineeships" and inserting in lieu thereof ", provide 
clinical training and instruction and establish and maintain clinical 
traineeships". 
(7) Section 413(a)(7) is amended by inserting "clinical" before 
"programs". 
(8) Section 415 (b) is amended by inserting before the period at the 
end of the last sentence thereof the following: "; and the term 'train-
ing' does not include research training for which fellowship support 
may be provided under section 472". 
(9) Section 422 of such Act is amended (A) by striking out para-
graph (c) and by redesignating paragraphs (d), (e), and (f) as 
paragraphs (c), (d), and (e), respectively, and (B) by striking out 
"training and instruction and establish and maintain traineeships" in 
paragraph (e) (as so redesignated) and inserting in lieu thereof 
"clinical training and instruction and establish and maintain clinical 
traineeships". 
(10) Section 434(c) (2) of such Act is amended by inserting " (other 
than research training for which National Research Service Awards 
may be made under section 472)" after "training" the first time it 
occurs. 
(11) Sections 433(a), 444, and 453 of such Act are each amended 
by striking out the second sentence thereof. 
(12) The heading for part I of title IV of such Act (as so redesig-
nated by section 103) is amended bv striking out "ADMINISTRATIVE" 
and inserting in lieu thereof "GENERAL." 
(b) The amendments made by subsection (a) shall not apply with 
respect to commitments made before the date of the enactment of this 
Act by the Secretary of Health, Education, and Welfare for research 
training under the provisions of the Public Health Service Act 
amended or repealed by subsection (a). 
42 u s e 286b. 
42 u s e 287a. 
42 u s e 287b. 
42 use 287d. 
42 u s e 288a. 
42 use 289C-1. 
42 use 289c, 
289g, 289k. 
Ante, p. 342. 
42 use 241 
note. 
SEX DISCRIMINATION 
SEC. 105. Section 799A of the Public Health Service Act is amended 
^2 use 295h-9. 
by adding at the end thereof the following: "In the case of a school 
of medicine which— 
"(1) on the date of the enactment of this sentence is in the 
process of changing its status as an institution which admits only 
female students to that of an institution which admits students 
without regard to their sex, and 
"(2) is carrying out such change in accordance with a plan 
approved by the Secretary, 
the provisions of the preceding sentences of this section shall apply 
only with respect to a grant, contract, loan guarantee, or interest sub-
sidy to, or for the benefit of such a school for a fiscal year beginning 
after June 30, 1979." 
FINANCIAL DISTRESS GRANTS 
SEC. 106. Section 773(a) of the Public Health Service Act is 
amended (1) by striking out "$10,000,000" and inserting in lieu thereof 
"$15,000,000", and (2) by striking out "1972" each place it occurs in the 
last sentence thereof and inserting in lieu thereof "1974". 
42 use 295f-3, 
348 
PUBLIC LAW 93-348-JULY 12, 1974 
[88 STAT. 
TITLE II—PROTECTION OF HUMAN SUBJECTS OF 
BIOMEDICAL AND BEHAVIORAL RESEARCH 
PART A—NATIONAL COMMISSION FOR THE PROTECTION OF HUMAN 
SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH 
42 u s e 289/-1 
note. 
Membership. 
Term. 
Compensation. 
5 u s e 5332 
note. 
Travel 
expenses. 
Chairman. 
Personnel. 
5 u s e 101 et 
seq. 
5 u s e 5101, 
5331, 5332 note. 
ESTABLISHMENT OF COMMISSION 
SEC. 201. (a) There is established a Commission to be known as 
the National Commission for the Protection of Human Subjects of 
Biomedical and Behavioral Research (hereinafter in this title referred 
to as the "Commission"). 
(b) (1) The Commission shall be composed of eleven members 
appointed by the Secretary of Health, Education, and Welfare (here-
inafter in this title referred to as the "Secretary"). The Secretary shall 
select members of the Commission from individuals distinguished in 
the fields of medicine, law, ethics, theology, the biological, physical, 
behavioral and social sciences, philosophy, humanities, health adminis-
tration, government, and public affairs; but five (and not more than 
five) of the members of the Commission shall be individuals who are or 
who have been engaged in biomedical or behavioral research involving 
human subjects. In appointing members of the Commission, the Sec-
retary shall give consideration to recommendations from the National 
Academy of Sciences and other appropriate entities. Members of the 
Commission shall be appointed for the life of the Commission. The 
Secretary shall appoint the members of the Commission within sixty 
days of the date of the enactment of this Act. 
(2) (A) Except as provided in subparagraph (B)„members of the 
Commission shall each be entitled to receive the daily equivalent of the 
annual rate of the basic pay in effect for ^rade GS-18 of the General 
Schedule for each day (including traveltime) during which they are 
engaged in the actual performance of the duties of the Commission. 
(B) Members of the Commission who are full-time officers or 
employees of the L'nited States shall receive no additional pay on 
account of their service on the Commission. 
(C) While away from their homes or regular places of business in 
the performance of duties of the Commission, members of the Com-
mission 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. 
(c) The chairman of the Commission shall be selected by the mem-
bers of the Commission from among their number. 
(d) (1) The Commission may appoint and fix the pay of such staff 
personnel as it deems desirable. Such personnel shall be appointed 
subject to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and shall be paid in accordance 
with the provisions of chapter 51 and subchapter I I I of chapter 53 
of such title relating to classification and General Schedule pay rates. 
(2) The Commission may procure temporary and intermittent serv-
ices to the same extent as is authorized by section 3109(b) of title 5 of 
the United States Code, but at rates for individuals not to exceed the 
daily equivalent of the annual rate of basic pay in effect for grade 
GS-18 of the General Schedule. 
88 STAT. ] 
PUBLIC LAW 93-348-JULY 12, 1974 
349 
COMMISSION DUTIES 
SEC. 202. (a) The Commissioii shall carry out the following: 
(1) (A) The Commission shall (i) conduct a comprehensive investi-
gation and study to identify the basic ethical principles which should 
underlie the conduct of biomedical and behavioral research involving 
human subjects, (ii) develop guidelines which should be followed in 
such research to assure that it is conducted in accordance with such 
principles, and (iii) make recommendations to the Secretary (I) for 
such administrative action as may be appropriate to apply such guide-
lines to biomedical and behavioral research conducted or supported 
under programs administered by the Secretary, and (II) concerning 
any other matter pertaining to the protection of human subjects of 
biomedical and behavioral research. 
(B) In carrying out subparagraph (A), the Commission shall con-
sider at least the following: 
(i) The boundaries between biomedical or behavioral research 
involving human subjects and the accepted and routine practice 
of medicine. 
(ii) The role of assessment of risk-benefit criteria in the deter-
mination of the appropriateness of research involving human 
subjects. 
(iii) Appropriate guidelines for the selection of human subjects 
for participation in biomedical and behavioral research. 
(iv) The nature and definition of informed consent in various 
research settings. 
(v) Mechanisms for evaluating and monitoring the perform-
ance of Institutional Review Boards established in accordance 
with section 474 of the Public Health Service Act and appropriate 
enforcement mechanisms for carrying out their decisions. 
(C) The Commission shall consider the appropriateness of apply-
ing the principles and guidelines identified and developed under sub-
paragraph (A) to the delivery of health services to patients under 
programs conducted or supported by the Secretary. 
(2) The Commission shall identify the requirements for informed 
consent to participation in biomedical and behavioral research by chil-
dren, prisoners, and the institutionalized mentally infirm. The Com-
mission shall investigate and study biomedical and behavioral research 
conducted or supported under programs administered by the Secretary 
and involving children, prisoners, and the institutionalized mentally 
infirm to determine the nature of the consent obtained from such per-
sons or their legal representatives before such persons were involved 
in such research; the adequacy of the information given them respect-
ing the nature and purpose of the research, procedures to be used, 
risks and discomforts, anticipated benefits from the research, and other 
matters necessary for informed consent; and the competence and the 
freedom of the persons to make a choice for or against involvement in 
such research. On the basis of such investigation and study the Com-
mission shall make such recommendations to the Secretary as it deter-
mines appropriate to assure that biomedical and behavioral research 
conducted or supported under programs administered by him meets 
the requirements respecting informed consent identified by the Com-
mission. For purposes of this paragraph, the term "children" means 
individuals who have not attained the legal age of consent to partici-
pate in research as determined under the applicable law of the jurisdic-
tion in which the research is to be conducted; the term "prisoner" 
means individuals involuntarily confined in correctional institutions 
or facilities (as defined in section 601 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3781)); and the term "insti-
tutionalized mentally infirm" includes individuals who are mentally 
42 use 289M 
note. 
Research in-
volving human 
subjects, study; 
guideline develop-
ment. 
Post, p. 352. 
Consent re-
quirements. 
Definitions. 
350 
PUBLIC LAW 93-348-JULY 12, 1974 
[88 STAT. 
Protection 
mechanism, study. 
Living fetus 
research, study. 
Psychosurgery 
usage, study. 
Definition. 
Recommenda-
tions to Congress. 
Post, p. 351. 
42 u s e 289/-1 
note. 
ill, mentally retarded, emotionally disturbed, psychotic, or senile, or 
who have other impairments of a similar nature and who reside as 
patients in an institution. 
(3) The Commission shall conduct an investigation and study to 
determine the need for a mechanism to assure that human subjects in 
biomedical and behavioral research not subject to regulation by the 
Secretary are protected. If the Commission determines that such a 
mechanism is needed, it shall develop and recommend to the Congress 
such a mechanism. The Commission may contract for the design of 
such a mechanism to be included in such recommendations. 
(b) The Commission shall conduct an investigation and study of 
the nature and extent of research involving living fetuses, the purposes 
for which such research has been undertaken, and alternative means 
for achieving such purposes. The Commission shall, not later than the 
expiration of the i-month period beginning on the first day of the first 
month that follows the date on which all the members of the Commis-
sion have taken office, recommend to the Secretary policies defining the 
circumstances (if any) under which such research may be conducted 
or supported. 
(c) The Commission shall conduct an investigation and study of 
the use of psychosurgery in the United States during the five-year 
period ending December 31,1972. The Commission shall determine the 
appropriateness of its use, evaluate the need for it, and recommend to 
the Secretary policies defining the circumstances (if any) under which 
its use may be appropriate. For purposes of this paragraph, the term 
"psychosurgery" means brain surgery on (1) normal brain tissue of 
an individual, who does not suffer from any physical disease, for the 
purpose of changing or controlling the behavior or emotions of such 
individual, or (2) diseased brain tissue of an individual, if the sole 
object of the performance of such surgery is to control, change, or 
affect any behavioral or emotional disturbance of such individual. 
Such term does not include brain surgery designed to cure or amelio-
rate the effects of epilepsy and electric shock treatments. 
(d) The Commission shall make recommendations to the Congress 
respecting the functions and authority of the National Advisory Coun-
cil for the Protection of Subjects of Biomedical and Behavioral 
Research to be established under section 217(f) of the Public Health 
Service Act. 
SPECIAL STUDY 
SEC. 203. The Commission shall undertake a comprehensive study 
of the ethical, social, and legal implications of advances in biomedical 
and behavioral research and technology. Such study shall include— 
(1) an analysis and evaluation of scientific and technological 
advances in past, present, and projected biomedical and behavioral 
research and services; 
(2) an analysis and evaluation of the implications of such 
advances, both for individuals and for society; 
(3) an analysis and evaluation of laws and moral and ethical 
principles governing the use of technology in medical practice: 
(4) an analysis and evaluation of public understanding of and 
attitudes toward such implications and laws and principles; and 
(5) an analysis and evaluation of implications for public policy 
of such findings as are made by the Commission with respect to 
advances in biomedical and behavioral research and technology 
and public attitudes toward such advances. 
88 STAT. ] 
PUBLIC LAW 93-348-JULY 12, 1974 
351 
ADMINISTRATIVE PROVISIONS 
SEC. 204. (a) The Commission may for the purpose of carrying out ^J^te,"^^ 289^i 
its duties under sections 202 and 203 hold such hearings, sit and act 
at such times and places, take such testimony, and receive such evi-
dence as the Commission deems advisable. 
(b) The Commission may secure directly from any department or 
agency of the United States information necessary to enable it to 
carry out its duties. Upon the request of the chairman of the Com-
mission, the head of such department or agency shall furnish such 
information to the Commission. 
(c) The Commission shall not disclose any information reported 
information dis-
to or otherwise obtained by it in carrying out its duties which (1) uon."*^^' '"^^ 
identifies any individual who has been the subject of an activity 
studied and investigated by the Commission, or (2) which concerns 
any information which contains or relates to a trade secret or other 
matter referred to in section 1905 of title 18 of the United States Code. 
(d) Except as provided in subsection (b) of section 202, the Com-
mission shall complete its duties under sections 202 and 203 not later 
than the expiration of the 24-month period beginning on the first day 
of the first month that follows the date on which all the members of 
the Commission have taken office. The Commission shall make periodic p^gg?j°J^^j *^^^_ 
reports to the President, the Congress, and the Secretary respecting gr'^s^^ ^nd'HEwr 
its activities under sections 202 and 203 and shall, not later than ninety 
days after the expiration of such 24-month period, make a final report 
to the President, the Congress, and the Secretary respecting such activ-
ities and including its recommendations for administrative action and 
legislation. 
(e) The Commission shall cease to exist thirty days following the ^^7^'''"^"^*^°" 
submission of its final report pursuant to subsection (d). 
DUTIES OF THE SECRETARY 
date. 
SEC. 205. Within 60 days of the receipt of any recommendation made 
"
^
^ use 289Z.i 
by the Commission under section 202, the Secretary shall publish it 
in the Federal Register and provide opportunity for interested per- 
Publication in 
sons to submit written data, views, and arguments with respect to ^ ^'^^ agister 
such recommendation. The Secretary shall consider the Commission's 
recommendation and relevant matter submitted with respect to it 
and, within 180 days of the date of its publication in the Federal 
Register, the Secretary shall (1) determine whether the administra-
tive action proposed by such recommendation is appropriate to assure 
the protection of human subjects of biomedical and behavioral 
research conducted or supported under programs administered by him, 
and (2) if he determines that such action is not so appropriate, publish 
in the Federal Register such determination together with an adequate 
statement of the reasons for his determination. If the Secretary deter-
mines that administrative action recommended by the Commission 
should be undertaken by him, he shall undertake such action as expe-
ditiously as is feasible. 
PART B—^MiscELiiANEOtis 
NATIONAL ADVISORY COUNCIL FOR THE PROTECTION OF SUBJECTS OF 
BIOMEDICAL AND BEHAVIORAL RESEARCH 
SEC 211. (a) Section 217 of the Public Health Service Act is 
42 use 21 s. 
amended by adding at the end the following new subsection: 
"(f) (1) There shall be established a National Advisory Council for 
Establishment. 
the Protection of Subjects of Biomedical and Behavioral Research 
352 
PUBLIC LAW 93-348-JULY 12, 1974 
[88 STAT. 
Membership. 
5 use 101 et 
seq. 
Ante, p. 348. 
Term. 
5 use app. I. 
Effective date. 
42 use 218 
note. 
(hereinafter in this subsection referred to as the 'Council') which shall 
consist of the Secretary who shall be Chairman and not less than 
seven nor more than fifteen other members who shall be appointed by 
the Secretary without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service. The Secre-
tary shall select members of the Council from individuals distin-
guished in the fields of medicine, law, ethics, theology, the biological, 
physical, behavioral and social sciences, philosophy, humanities, health 
administration, government, and public affairs; but three (and not 
more than three) of the members of the Council shall be individuals 
who are or who have been engaged in biomedical or behavioral research 
involving human subjects. No individual who was appointed to be a 
member of the National Commission for the Protection of Human 
Subjects of Biomedical and Behavioral Research (established under 
title II of the National Research Act) may be appointed to be a member 
of the Council. The appointed members of the Council shall have 
terms of office of four years, except that for the purpose of staggering 
the expiration of the terms of office of the Council members, the Secre-
tary shall, at the time of appointment, designate a term of office of 
less than four years for members first appointed to the Council. 
"(2) The Council shall— 
"(A) advise, consult with, and make recommendations to, the 
Secretary concerning all matters pertaining to the protection of 
human subjects of biomedical and behavioral research; 
"(B) review policies, regulations, and other requirements of the 
Secretary governing such research to determine the extent to 
which such policies, regulations, and requirements require and are 
effective in requiring observance in such research of the basic 
ethical principles which should underlie the conduct of such 
research and, to the extent such policies, regulations, or require-
ments do not require or are not effective in requiring observance 
of such principles, make recommendations to the Secretary 
respecting appropriate revision of such policies, regulations, or 
requirements; and 
"(C) review periodically changes in the scope, purpose, and 
types of biomedical and behavioral research being conducted and 
the impact such changes have on the policies, regulations, and 
other requirements of the Secretary for the protection of human 
subjects of such research. 
"(3) The Council mav disseminate to the public such information, 
recommendations, and other matters relating to its functions as it 
deems appropriate. 
"(4) Section 14 of the Federal Advisory Committee Act shall not 
apply with respect to the Council." 
(b) The amendment made by subsection (a) shall take effect 
July 1, 1976. 
INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM 
SEC. 212. (a) Part I of title IV of the Public Health Service Act, 
as amended by section 103 of this Act, is amended by adding at the end 
the following new section: 
42 use 289Z-3. 
INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM 
"SEC. 474. (a) The Secretary shall by regulation require that each 
entity which applies for a grant or contract under this Act for any 
project or program which involves the conduct of biomedical or 
behavioral research involving human subjects submit in or with its 
88 STAT.] 
PUBLIC LAW 93-348-JULY 12, 1974 
353 
application for such grant or contract assurances satisfactory to the 
Secretary that it has established (in accordance with regulations which 
the Secretary shall prescribe) a board (to be known as an 'Institu-
tional Review Board') to review biomedical and behavioral research 
involving human subjects conducted at or sponsored by such entity in 
order to protect the rights of the human subjects of such research. 
"(b) The Secretary shall establish a program within the Depart-
ment under which requests for clarification and guidance with respect 
to ethical issues raised in connection with biomedical or behavioral 
research involving human subjects are responded to promptly and 
appropriately.'' 
(b) The Secretary of Health, Education, and Welfare shall within 
Ja^^us^ S - a 
240 days of the date of the enactment of this Act promulgate such note. 
regulations as may be required to carry out section 474(a) of the 
Public Health Service Act. Such regulations shall apply with respect 
^"'®' P- ^52. 
to applications for grants and contracts under such Act submitted 
after promulgation of such regulations. 
LIMITATION ON RESEARCH 
SEC. 213. Lentil the Commission has made its recommendations to 
the Secretary pursuant to section 202(b), the Secretary may not con-
duct or support research in the United States or abroad on a living 
human fetus, before or after the induced abortion of such fetus, unless 
such research is done for the purpose of assuring the survival of such 
fetus. 
INDIVIDUAL RIGHTS 
SEC. 214. (a) Subsection (c) of section 401 of the Health Programs 
Extension Act of 1973 is amended (1) by inserting "(1)" after "(c)", 
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) 
and (B), respectively, and (3) by adding at the end the following new 
paragraph: 
"(2) No entity which receives after the date of enactment of this 
paragraph a grant or contract for biomedical or behavioral research 
under any pix)gram administered by the Secretary of Health, Educa-
tion, and WelfariB may— 
"(A) discriminate in the employment, promotion, or termina-
tion of employment of any physician or other health care person-
nel, or 
"(B) discriminate in the extension of staff or other privileges 
to any physician or other health care personnel, 
because he performed or assisted in the performance of any lawful 
health service or research activity, because he refused to perform or 
assist in the performance of any such service or activity on the groiinds 
that his performance or assistance in the performance of such service 
or activity would be contrary to his religious beliefs or moral convic-
tions, or because of his religious beliefs or moral convictions respect-
ing any such service or activity." 
(b) Section 401 of such Act is amended by adding at the end the 
following new subsection: 
"(d) No individual shall be required to perform or assist in the per-
formance of any part of a health service program or research activity 
funded in whole or in part under a program administered by the Sec-
retary of Health, Education, and Welfare if his performance or assist-
ance in the performance of such part of such program or activity 
would be contrary to his religious beliefs or moral convictions." 
42 use 289/-1 
42 use 300a-7. 
Nondiscrimina-
tion. 
354 
PUBLIC LAW 93-349-JULY 12, 1974 
[88 STAT. 
42 u s e 295f-2. 
SPECIAL PROJECT GRANTS AND CONTRACTS 
SEC. 215. Section 772(a)(7) of the Public Health Service Act is 
amended by inserting immediately before the semicolon at the end 
thereof the following: ", or (C) providing increased emphasis on the 
ethical, social, legal, and moral miplications of advances in biomedical 
research and technology with respect to the effects of such advances on 
individuals and socjety". 
Approved July 12, 1974. 
July 12, 1974 
[H. R. 29] 
Public Law 93-349 
AN ACT 
To provide for payments by the Postal Service to the Civil Service Retirement 
Fund for increases in the unfunded liability of the Fund due to increases in 
benefits for Postal Service employees, and for other purposes. 
Civil Service 
Retirement 
Fund. 
Postal Service 
payments. 
39 u s e 101 et 
seq. 
Unfunded lia-
bility increase, 
determination. 
Repeal. 
Supra. 
Effective date, 
exceptions. 
39 u s e 1005 
note. 
87 Stat. 513. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemMed, That section 8348 of 
title 5, United States Code, is amended by adding at the end thereof 
the following new subsection: 
"(h)(1) Notwithstanding any other statute, the United States 
Postal Service shall be liable for that portion of any estimated increase 
in the unfunded liability of the Fund which is attributable to any 
benefits payable from the Fund to active and retired Postal Service 
officers and employees, and to their survivors, when the increase 
results from an employee-management agreement under title ^9, or 
any administrative action by the Postal Service taken pursuant to 
law, which authorizes increases in pay on which benefits are 
computed. 
"(2) The estimated increase in the unfunded liability, referred to 
in paragraph (1) of this subsection, shall be determined by the Civil 
Sarvice Commission. The United States Postal Service shall pay the 
amount so determined to the Commission in thirty equal annual install-
ments with interest computed at the rate used in the most recent valua-
tion of the Civil Service Retirement System, with the first payment 
thereof due at the end of the fiscal year in which an increase in pay 
becomes effective.". 
SEC. 2. (a) The last sentence of section 1005(d) of title 39, United 
States Code, is repealed. 
(b) Section 1005(d) of title 39, United States Code, is amended by 
adding at the end thereof the following new sentence: "The Postal 
Service shall pay into the Civil Service Retirement and Disability 
Fund the amounts determined by the Civil Service Commission under 
section 8348 (h) of title 5.". 
SEC. 3. The effective date of this Act shall be July 1, 1971, except 
that the Postal Service shall not be required to make (1) the payments 
due June 30, 1972, June 30, 1973, and June 30, 1974, attributable to 
pay increases granted by the Postal Service prior to July 1,1973, until 
such time as funds are appropriated to the Postal Service for that 
purpose, and (2) the transfer to the Civil Service Retirement and 
Disability Fund required by title I I of the Treasury, Postal Service, 
and General Government Appropriation Act, 1974, Public Law 93-143. 
Approved July 12, 1974.