National Institutes of Health Amendments of 1990
PL 101-613 (S.2857), enacted 11/16/1990

104 STAT. 3224 
PUBLIC LAW 101-613—NOV. 16, 1990 
Public Law 101-613 
101st Congress 
An Act 
Nov. 16, 1990 
To amend the Public Health Service Act with respect to certain programs for the 
[S. 2857] 
National Institutes of Health. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "National Institutes of Health 
Amendments of 1990". 
National 
Institutes of 
Health 
Amendments of 
1990. 
Medical 
I*6S6£LZ*ch 
42 use 201 note. SEC. 2. ESTABLISHMENT OF NATIONAL FOUNDATION FOR BIOMEDICAL 
RESEARCH. 
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is 
amended by adding at the end thereof the following new part: 
"PART H—NATIONAL FOUNDATION FOR BIOMEDICAL RESEARCH 
42 use 290b. 
"SEC. 499A. ESTABLISHMENT AND DUTIES OF FOUNDATION. 
"(a) IN GENERAL.—The Secretary shall establish a nonprofit cor-
poration to be known as the National Foundation for Biomedical 
Research (hereafter in this section referred to as the 'Foundation'). 
The Foundation shall not, except for the purposes of the Ethics in 
Government Act and the Technology Transfer Act, be an agency or 
instrumentality of the United States Government. 
"(b) DUTIES.— 
"(1) ESTABLISHMENT OF FUND FOR ENDOWING RESEARCH POSI-
TIONS AT NATIONAL INSTITUTES OF HEALTH.— 
"(A) The Foundation shall establish a fund whose pri-
mary purpose shall be to provide endowments for positions 
at the National Institutes of Health to conduct biomedical 
research. Such positions may be held by scientists without 
regard to whether the scientists are employees of the Fed-
eral Government. 
"(B) In addition to the purpose described in subparagraph 
(A), the fund established under such subparagraph may be 
expended to recruit scientists to hold the positions endowed 
by the fund. 
"(C) The purposes for which an endowment under 
subparagraph (A) may be expended include support for the 
staffing, equipment, and quarters for the biomedical re-
search conducted by scientists holding endowed positions 
under such subpareigraph. 
"(2) 
APPLICABILITY OF CERTAIN STANDARDS REGARDING NON-
FEDERAL RESEARCHERS.—In the case of scientists holding en-
dowed positions under paragraph (IXA) who are not employees 
of the Federal Government, the Foundation shall negotiate a 
memorandum of understanding with the Director of the Na-
tional Institutes of Health, subject to the approval of the Sec-
PUBLIC LAW 101-613—NOV. 16, 1990 
104 STAT. 3225 
retary, that specifies that any such scientist shall observe the 
ethical and procedural standards regulating research and re-
search finding (including publications and patents) that are 
followed by scientists conducting research as employees of such 
Institutes, including standards under this Act, the Ethics in 
Government Act, and the Technology Transfer Act. 
"(3) ADDITIONAL DUTIES.—The Foundation shall provide for 
biennial audits of the financial condition of the Foundation. 
'(c) BOARD OF DIRECTORS.— 
"(1) COMPOSITION.— 
"(A) The Foundation shall have a Board of Directors 
(hereafter referred to in this section as the 'Board'), which 
shall be composed of ex officio Eind appointed members in 
accordance with this subsection. AH members of the 
Foundation shall be voting members. 
"(B) The ex officio members of the Council shall be— 
"(i) the Chairman and ranking minority member of 
the Subcommittee on Health and the Environment 
(Committee on Energy and Commerce) or their des-
ignees, in the ceise of the House of Representatives; 
"(ii) the Chairman and ranking minority member of 
the Committee on Labor and Human Resources or their -
designees, in the case of the Senate; and 
"(iii) the Director of the National Institutes of 
Health. 
"(C) The ex officio members of the Board under subpara-
graph (B) shall appoint to the Council 9 individuals from 
among a list of candidates to be provided by the National 
Academy of Science. Of such appointed members— 
"(i) 4 shall be representative of the general bio-
medical field; 
"(ii) 2 shall be representatives of the general 
biobehavorial field; and 
"(iii) 3 shall be representatives of the general public. 
"(2) CHAIR.—The ex officio members of the Board under 
paragraph (IXB) shall designate an appointed member of the 
Board to serve £is the Chair of the Board. 
"(3) TERMS AND VACANCIES.— 
"(A) The term of office of each member of the Board 
appointed under paragraph (2)(C) shall be 5 years, except 
that the terms of offices for the initial appointed members 
of the Board shall expire as determined by the ex officio 
members and the Chair. 
"(B) Any vacancy in the membership of the Board shall 
be filled in the manner in which the original position was 
made and shall not affect the power of the remaining 
members to execute the duties of the Board. 
"(C) If a member of the Board does not serve the full term 
applicable under subparagraph (A), the individual ap-
pointed to fill the resulting vacancy shall be appointed for 
the remainder of the term of the predecessor of the individ-
ual. 
"(D) A member of the Board may continue to serve after 
the expiration of the term of the member until a successor 
is appointed. 
"(4) COMPENSATION.—Members of the Board may not receive 
compensation for service on the Board. Such members may be 
104 STAT. 3226 
PUBLIC LAW 101-613—NOV. 16, 1990 
reimbursed for travel, subsistence, and other necessary ex-
penses incurred in carr3dng out the duties of the Board, as set 
forth in the bylaws issued by the Board. 
"(d) INCORPORATION.—The initial members of the Board shall 
serve as incorporators and shall take whatever actions necessary to 
incorporate the Foundation. 
"(e) NONPROFIT STATUS.—The Foundation shall be considered to be 
a corporation under section 501(c) of the Internal Revenue Code of 
1986, and shall be subject to the provisions of such section. 
"(f) EXECUTIVE DIRECTOR.— 
"(1) IN GENERAL.—The Foundation shall have an Executive 
Director who shall be appointed by the Board and shall serve at 
the pleasure of the Board. The Executive Director shall be 
responsible for the day-to-day operations of the Foundation and 
shall have such speci^c duties and responsibilities as the Board 
shall prescribe. 
"(2) COMPENSATION.—The rate of compensation of the Execu-
tive Director shall be fixed by the Board. 
"(g) POWERS.—In carrying out subsection (b), the Foundation 
may— 
"(1) operate under the direction of its Board; 
"(2) adopt, alter, and use a corporate seal, which shall be 
judicially noticed; 
"(3) provide for 1 or more officers, employees, and agents, as 
may be necessary, define their duties, and require surety bonds 
or make other provisions against losses occasioned by acts of 
such persons; 
"(4) hire, promote, compensate, and discharge officers and 
employees of the Foundation; 
"(5) prescribe by its Board its bylaws, that shall be consistent 
with law, and that shall provide for the manner in which— 
"(A) its officers, employees, and agents are selected; 
"(B) its property is acquired, held, and transferred; 
"(C) its general operations are to be conducted; and 
"(D) the privileges granted by law are exercised and 
enjoyed; 
"(6) with the consent of any executive department or 
independent agency, use the information, services, staff, and 
facilities of such in carrying out this section; 
"(7) sue and be sued in its corporate name, and complain and 
defend in courts of competent jurisdiction; 
"(8) modify or consent to the modification of any contract or 
agreement to which it is a party or in which it has an interest 
under this subtitle; 
"(9) establish a mechanism for the selection of candidates, 
^ 
subject to the approval of the Director of the National Institutes 
of Health or the Administrator of the Alcohol, Drug Abuse, and 
Mental Health Administration, for the endowed scientific posi-
tions within the organizational structure of the intramural 
research programs of the National Institutes of Health and the 
Alcohol, Drug Abuse, and Mental Health Administration and 
candidates for participation in the National Institutes of Health 
Scholars program; 
Government 
"(10) enter into contracts with public and private organiza-
contracts. 
tions for the writing, editing, printing, and publishing of books 
and other material; 
PUBLIC LAW 101-613—NOV. 16, 1990 
104 STAT. 3227 
"(11) take such action as may be necessary to obtain patents 
and licenses for devices and procedures developed by the 
Foundation and its employees; 
"(12) accept, hold, administer, invest, and spend any gift, 
devise, or bequest of real or personal property made to the 
Foundation; 
"(13) enter into such other contracts, leases, cooperative Government 
agreements, and other transactions as the Executive Director contracts, 
considers appropriate to conduct the activities of the Founda-
tion; 
"(14) appoint other groups of advisors as may be determined 
necessary from time to time to carry out the functions of the 
Foundation; and 
"(15) exercise other powers as set forth in this section, and 
such other incidental powers as are necessary to carry out its 
powers, duties, and functions in accordance with this subtitle. 
"(h) ADMINISTRATIVE CONTROL.—No participant in the program 
established under this part shall exercise any administrative control 
over any Federal employee. 
"(i) FUNDING.— 
"(1) AUTHORIZATION OF APPROPRIATIONS.—Subject to para-
graph (2), for the purpose of carrying out this part, there are 
authorized to be appropriated such sums as may be necessary 
for each of the fiscal years 1991 through 1995. 
"(2) LIMITATIONS.— 
"(A) Amounts appropriated under paragraph (1) or made 
available under subparagraph (C) may not be provided to 
the fund established under subsection (bXlXA). 
"(B) For the first fiscal year for which amounts are 
appropriated under paragraph (1), $200,000 is authorized to 
be appropriated. 
"(C) With respect to the first fiscal year for which 
amounts are appropriated under paragraph (1), the Sec-
retary may, from amounts appropriated for such fiscal year 
for the programs of the Department of Health and Human 
Services, make available not more than $200,000 for carry-
ing out this part, subject to subparagraph (A).". 
SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR MEDICAL RE-
HABILITATION RESEARCH. 
(a) IN GENERAL.—Subpart 7 of part C of title IV of the Public 
Health Service Act (42 U.S.C. 285g et seq.) is amended by inserting 
after section 451 the following new section: 
"NATIONAL CENTER FOR MEDICAL REHABILITATION RESEARCH 
"SEC. 452. (a) There shall be in the Institute an agency to be 42USC285g-4. 
known as the National (Denter for Medical Rehabilitation Research 
(hereafter in this section referred to as the 'CJenter'). The Director of 
the Institute shall appoint a qualified individual to serve as Director 
of the Center. The Director of the Center shall report directly to the 
Director of the Institute. 
"(b) The general purpose of the Center is the conduct and support 
of research and research training (including research on the devel-
opment of orthotic and prosthetic devices), the dissemination of 
health information, and other programs with respect to the re-
habilitation of individuals with physical disabilities resulting from 
104 STAT. 3228 
PUBLIC LAW 101-613—NOV. 16, 1990 
disesises or disorders of the neurological, musculoskeletal, cardio-
vascular, pulmonary, or any other physiological system (hereafter in 
this section referred to as 'medical rehabilitation'). 
"(c)(1) In carrying out the purpose described in subsection (b), the 
Director of the Center may— 
"(A) provide for clinical trials regarding medical rehabilita-
tion; 
"(B) provide for research regarding model systems of medical 
rehabilitation; 
"(C) coordinate the activities of the Center with similar activi-
ties of other agencies of the Federal Government, including the 
other agencies of the National Institutes of Health, and with 
similar activities of other public entities and of private entities; 
"(D) support multidisciplinary medical rehabilitation re-
search conducted or supported by more than one such agency; 
"(E) in consultation with the advisory council for the Institute 
and with the approval of the Director of NIH— 
"(i) establish technical and scientific peer review groups 
in addition to those appointed under section 402(b)(6); 
and 
"(ii) appoint the members of peer review groups estab-
lished under subparagraph (A); and 
"(F) support medical rehabilitation research and training 
centers. 
The Federal Advisory Committee Act shall not apply to the duration 
of a peer review group appointed under subparagraph (E). 
Government 
"(2) In carrying out this section, the Director of the Center may 
make grants and enter into cooperative agreements and contracts. 
"(dXl) In consultation with the Director of the Center, the coordi-
nating committee established under subsection (e), and the advisory 
bo£ird established under subsection (f), the Director of the Institute 
shall develop a comprehensive plan for the conduct and support of 
medical rehabilitation research (hereafter in this section referred to 
as the 'Research Plan')-
"(2) The Research Plan shall— 
"(A) identify current medical rehabilitation research activi-
ties conducted or supported by the Federal Government, 
opportunities and neecfe for additional research, and priorities 
for such research; and 
"(B) make recommendations for the coordination of such 
research conducted or supported by the National Institutes of 
Health and other agencies of the Federal Government. 
"(3XA) Not later than 18 months after the date of the enactment 
of the National Institutes of Health Revitalization Amendments of 
1990, the Director of the Institute shall transmit the Research Plan 
to the Director of NIH, who shall submit the Plan to the President 
and the Congress. 
"(B) Subparagraph (A) shall be carried out independently of the 
process of reporting that is required in sections 403 and 407. 
"(4) The Director of the Institute shall periodically revise aiid 
update the Research Plan as appropriate, after consultation with 
the Director of the Center, the coordinating committee established 
under subsection (e), and the advisory board established under 
subsection (f). A description of any revisions in the Research Plan 
shall be contained in each report prepared under section 407 by the 
Director of the Institute. 
contracts. 
PUBLIC LAW 101-613—NOV. 16, 1990 
104 STAT. 3229 
"(eXD The Director of NIH shall establish a committee to be Establishment. 
known as the Medical Rehabilitation Coordinating Committee (here-
after in this section referred to as the 'Coordinating Committee'). 
"(2) The Coordinating Committee shall make recommendations to 
the Director of the Institute and the Director of the Center with 
respect to the content of the Research Plan and with respect to the 
activities of the Center that are carried out in conjunction with 
other agencies of the National Institutes of Health and with other 
Eigencies of the Federal Government. 
"(3) The Coordinating Committee shall be composed of the Direc-
tor of the Center, the Director of the Institute, euid the Directors of 
the National Institute on Aging, the National Institute of Arthritis 
and Musculoskeletal and Skin Diseases, the National Heart, Lung, 
and Blood Institute, the National Institute of Neurological Disorders 
and Stroke, and such other national research institutes and such 
representatives of other agencies of the Federal Government as the 
Director of NIH determines to be appropriate. 
"(4) The Coordinating Committee shall be chaired by the Director 
of the Center. 
"(fKl) Not later than 90 days after the date of the enactment of Establishment. 
the National Institutes of Health Revitalization Amendments of 
1990, the Director of NIH shall establish a National Advisory Board 
on Medical Rehabilitation Research (hereafter in this section 
referred to as the 'Advisory Board'). 
"(2) The Advisory Board shall review and assess Federal research 
priorities, activities, and findings regarding medical rehabilitation 
research, and shall advise the Director of the Center and the 
Director of the Institute on the provisions of the Research Plan. 
"(3XA) The Director of NIH shall appoint to the Advisory Board 18 
qualified representatives of the public who are not officers or 
employees of the Federal Government. Of such members, 12 shall be 
representatives of health and scientific disciplines with respect to 
medical rehabilitation and 6 shall be individuals representing the 
interests of individuals undergoing, or in need of, 
medical 
rehabilitation. 
"(B) The following officials shall serve as ex officio members of the 
Advisory Board: 
"(i) The Director of the Center, 
"(ii) The Director of the Institute, 
"(iii) The Director of the National Institute on Aging, 
"(iv) The Director of the National Institute of Arthritis and 
Musculoskeletal and Skin Diseases. 
"(v) The Director of the National Institute on Deafness and 
Other Communication Disorders. 
"(vi) The Director of the National Heart, Lung, and Blood 
Institute. 
"(vii) The Director of the National Institute of Neurological 
Disorders and Stroke. 
"(viii) The Director of the National Institute on Disability and 
Rehabilitation Research. 
"(ix) The Commissioner for Rehabilitation Services Adminis-
tration. 
"(x) The Assistant Secretary of Defense (Health Affairs), 
"(xi) The Chief Medical Director of the Department of Veter-
ans Affairs. 
104 STAT. 3230 
PUBLIC LAW 101-613—NOV. 16, 1990 
"(4) The members of the Advisory Board shall, from among the 
members appointed under paragraph (3XA), designate an individual 
to serve as the chair of the Advisory Board.". 
42USC285g-4 
Qy) REQUIREMEirr OF CERTAIN AGREEMENTS FOR PREVENTING 
"°**- 
DupucATivE PROGRAMS OF MEDICAL REHABILITATION RESEARCH.— 
(1) IN GENERAL.—The Secretary of Health and Human Serv-
ices and the heads of other Federal agencies shall— 
(A) jointly review the programs being carried out (or 
proposed to be carried out) by each such official with 
respect to medical rehabilitation research; and 
(B) as appropriate, enter into agreements for preventing 
duplication among such programs. 
(2) TIME FOR COMPLETION.—The agreements required in para-
graph (IXB) shall be made not later than one year after the date 
of the enactment of this Act. 
(3) DEFINITION OF MEDICAL REHABILITATION.—For purposes of 
this subsection, the term "medical rehabilitation" means the 
rehabilitation of individuals with physical disabilities resulting 
from diseases or disorders of the neurological, musculoskeletal, 
cardiovascular, pulmonary, or any other physiological system. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—S. 2857 (H.R. 5661): 
HOUSE REPORTS: No. 101-869 accompanying H.R. 5661 (Comm. on Energy and 
Commerce). 
SENATE REPORTS: No. 101-459 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 19, considered and passed Senate. 
Oct. 26, considered and passed House, amended. 
Oct. 27, Senate concurred in House amendments. 
o