Section 113
FOOD AND DRUG ADMINISTRATION MODERIZATION ACT OF 1997
Public Law 105-115
105th Congress
SEC. 113 INFORMATION PROGRAM ON CLINICAL TRIALS FOR SERIOUS OR
LIFE-THREATENING DISEASES.
(a) In General.--Section 402 of the Public Health Service Act (42
U.S.C. 282) is amended--
(1) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (i) the following:
<<NOTE: Establishment>> ``(j)(1)(A) The Secretary, acting through
the Director of NIH, shall establish, maintain, and operate a data bank
of information on clinical trials for drugs for serious or life-
threatening diseases and conditions (in this subsection referred to as
the `data bank'). The activities of the data bank shall be integrated
and coordinated with related activities of other agencies of the
Department of Health and Human Services, and to the extent practicable,
coordinated with other data banks containing similar information.
``(B) The Secretary shall establish the data bank after consultation
with the Commissioner of Food and Drugs, the directors of the
appropriate agencies of the National Institutes of Health (including the
National Library of Medicine), and the Director of the Centers for
Disease Control and Prevention.
``(2) In carrying out paragraph (1), the Secretary shall collect,
catalog, store, and disseminate the information described in such
paragraph. The Secretary shall disseminate such information through
information systems, which shall include toll-free telephone
communications, available to individuals with serious or life-
threatening diseases and conditions, to other members of the public, to
health care providers, and to researchers.
``(3) The data bank shall include the following:
``(A) A registry of clinical trials (whether federally or
privately funded) of experimental treatments for serious or
life-threatening diseases and conditions under regulations
promulgated pursuant to section 505(i) of the Federal Food,
Drug, and Cosmetic Act, which provides a description of the
purpose of each experimental drug, either with the consent of
the protocol sponsor, or when a trial to test effectiveness
begins. Information provided shall consist of eligibility
criteria for participation in the clinical trials, a description
of the location of trial sites, and a point of contact for those
wanting to enroll in the trial, and shall be in a form that can
be readily understood by members of the public. Such information
shall be forwarded to the data bank by the sponsor of the trial
not later than 21 days after the approval of the protocol.
``(B) Information pertaining to experimental treatments for
serious or life-threatening diseases and conditions that may be
available--
``(i) under a treatment investigational new drug
application that has been submitted to the Secretary
under section 561(c) of the Federal Food, Drug, and
Cosmetic Act; or
``(ii) as a Group C cancer drug (as defined by the
National Cancer Institute).
The data bank may also include information pertaining to the
results of clinical trials of such treatments, with the consent
of the sponsor, including information concerning potential
toxicities or adverse effects associated with the use or
administration of such experimental treatments.
``(4) The data bank shall not include information relating to an
investigation if the sponsor has provided a detailed certification to
the Secretary that disclosure of such information would substantially
interfere with the timely enrollment of subjects in the investigation,
unless the Secretary, after the receipt of the certification, provides
the sponsor with a detailed written determination that such disclosure
would not substantially interfere with such enrollment.
<<NOTE: Appropriation authorization.>> ``(5) For the purpose of
carrying out this subsection, there are authorized to be appropriated
such sums as may be necessary. Fees collected under section 736 of the
Federal Food, Drug, and Cosmetic Act shall not be used in carrying out
this subsection.''.
<<NOTE: 42 USC 282 note.>> (b) Collaboration and Report.--
(1) In general.--The Secretary of Health and Human Services,
the Director of the National Institutes of Health, and the
Commissioner of Food and Drugs shall collaborate to determine
the feasibility of including device investigations within the
scope of the data bank under section 402(j) of the Public Health
Service Act.
(2) Report.--Not later than two years after the date of
enactment of this section, the Secretary of Health and Human
Services shall prepare and submit to the Committee on Labor and
Human Resources of the Senate and the Committee on Commerce of
the House of Representatives a report--
(A) of the public health need, if any, for inclusion
of device investigations within the scope of the data
bank under section 402(j) of the Public Health Service
Act;
(B) on the adverse impact, if any, on device
innovation and research in the United States if
information relating to such device investigations is
required to be publicly disclosed; and
(C) on such other issues relating to such section
402(j) as the Secretary determines to be appropriate.