---
kind: "section"
citation: "42 U.S.C. § 287a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "287a"
heading: "Cures Acceleration Network"
release: "119-102"
url: "https://uscodex.org/usc/42/287a"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III — National Research Institutes"
  - "Part E — Other Agencies of NIH"
  - "Subpart 1 — national center for advancing translational sciences"
---

# §287a. Cures Acceleration Network

- (a) **Definitions—** In this section:
  - (1) **Biological product—** The term “biological product” has the meaning given such term in [section 262 of this title](/usc/42/262.md).
  - (2) **Drug; device—** The terms “drug” and “device” have the meanings given such terms in [section 321 of title 21](/usc/21/321.md).
  - (3) **High need cure—** The term “high need cure” means a [drug](#a-2) (as that term is defined by [section 321(g)(1) of title 21](/usc/21/321.md?p=g-1),[^1] [biological product](#a-1) (as that term is defined by [section 262(i)](/usc/42/262.md?p=i)[^2] of this title), or [device](#a-2) (as that term is defined by [section 321(h) of title 21](/usc/21/321.md?p=h)) that, in the determination of the [Director](/usc/42/5061.md?p=1) of the Center—
    - (A) is a priority to diagnose, mitigate, prevent, or treat harm from any disease or condition; and
    - (B) for which the incentives of the commercial market are unlikely to result in its adequate or timely development.
  - (4) **Medical product—** The term “medical product” means a [drug](#a-2), [device](#a-2), [biological product](#a-1), or product that is a combination of [drugs](#a-2), [devices](#a-2), and [biological products](#a-1).
- (b) **Establishment of the Cures Acceleration Network—** Subject to the appropriation of [funds](/usc/42/12854.md?p=3) as described in [subsection (g)](#g), there is established within the Center a [program](/usc/42/274l–1.md?p=4) to be known as the Cures Acceleration Network (referred to in this section as “CAN”), which shall—
  - (1) be under the direction of the [Director](/usc/42/5061.md?p=1) of the Center, taking into account the recommendations of a CAN Review [Board](/usc/42/10261.md?p=2) (referred to in this section as the “[Board](/usc/42/10261.md?p=2)”), described in [subsection (d)](#d); and
  - (2) award grants and contracts to [eligible entities](/usc/42/296.md?p=1), as described in [subsection (e)](#e), to accelerate the development of [high need cures](#a-3), including through the development of [medical products](#a-4) and behavioral therapies.
- (c) **Functions—** The functions of the CAN are to—
  - (1) conduct and support revolutionary advances in basic research, translating scientific discoveries from bench to bedside;
  - (2) award grants and contracts to [eligible entities](/usc/42/296.md?p=1) to accelerate the development of [high need cures](#a-3);
  - (3) provide the resources necessary for government agencies, independent investigators, research organizations, biotechnology companies, academic research institutions, and other entities to develop [high need cures](#a-3);
  - (4) reduce the barriers between [laboratory](/usc/42/300jj.md?p=10) discoveries and clinical trials for new therapies; and
  - (5) facilitate review in the Food and [Drug](#a-2) Administration for the [high need cures](#a-3) funded by the CAN, through activities that may include—
    - (A) the facilitation of regular and ongoing communication with the Food and [Drug](#a-2) Administration regarding the status of activities conducted under this section;
    - (B) ensuring that such activities are coordinated with the approval requirements of the Food and [Drug](#a-2) Administration, with the goal of expediting the development and approval of countermeasures and products; and
    - (C) connecting interested [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with additional technical assistance made available under [section 360bbb–4 of title 21](/usc/21/360bbb–4.md).
- (d) **CAN Board—**
  - (1) **Establishment—** There is established a Cures Acceleration Network Review [Board](/usc/42/10261.md?p=2) (referred to in this section as the “[Board](/usc/42/10261.md?p=2)”), which shall advise the [Director](/usc/42/5061.md?p=1) of the Center on the conduct of the activities of the Cures Acceleration Network.
  - (2) **Membership—**
    - (A) **In general—**
      - (i) **Appointment—** The [Board](/usc/42/10261.md?p=2) shall be comprised of 24 members who are appointed by the [Secretary](/usc/42/201.md?p=c) and who serve at the pleasure of the [Secretary](/usc/42/201.md?p=c).
      - (ii) **Chairperson and Vice Chairperson—** The [Secretary](/usc/42/201.md?p=c) shall designate, from among the 24 members appointed under [clause (i)](#d-2-A-i), one Chairperson of the [Board](/usc/42/10261.md?p=2) (referred to in this section as the “Chairperson”) and one Vice Chairperson.
    - (B) **Terms—**
      - (i) **In general—** Each member shall be appointed to serve a 4-year term, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term.
      - (ii) **Consecutive appointments; maximum terms—** A member may be appointed to serve not more than 3 terms on the [Board](/usc/42/10261.md?p=2), and may not serve more than 2 such terms consecutively.
    - (C) **Qualifications—**
      - (i) **In general—** The [Secretary](/usc/42/201.md?p=c) shall appoint individuals to the [Board](/usc/42/10261.md?p=2) based solely upon the individual’s established record of distinguished [service](/usc/42/201.md?p=a) in one of the areas of expertise described in [clause (ii)](#d-2-C-ii). Each individual appointed to the [Board](/usc/42/10261.md?p=2) shall be of distinguished achievement and have a broad range of disciplinary interests.
      - (ii) **Expertise—** The [Secretary](/usc/42/201.md?p=c) shall select individuals based upon the following requirements:
        - (I) For each of the fields of—
          - (aa) basic research;
          - (bb) medicine;
          - (cc) biopharmaceuticals;
          - (dd) discovery and delivery of [medical products](#a-4);
          - (ee) bioinformatics and gene therapy;
          - (ff) medical instrumentation; and
          - (gg) regulatory review and approval of [medical products](#a-4),

        the [Secretary](/usc/42/201.md?p=c) shall select at least 1 individual who is eminent in such fields.

        - (II) At least 4 individuals shall be recognized leaders in professional venture capital or private equity organizations and have demonstrated experience in private equity investing.
        - (III) At least 8 individuals shall represent disease advocacy organizations.
  - (3) **Ex-officio members—**
    - (A) **Appointment—** In addition to the 24 [Board](/usc/42/10261.md?p=2) members described in [paragraph (2)](#d-2), the [Secretary](/usc/42/201.md?p=c) shall appoint as ex-officio members of the [Board](/usc/42/10261.md?p=2)—
      - (i) a [representative](/usc/42/3058f.md?p=5) of the National Institutes of Health, recommended by the [Secretary](/usc/42/201.md?p=c) of the Department of Health and Human [Services](/usc/42/201.md?p=a);
      - (ii) a [representative](/usc/42/3058f.md?p=5) of the [Office](/usc/42/3058f.md?p=1) of the Assistant [Secretary](/usc/42/201.md?p=c) of Defense for Health Affairs, recommended by the [Secretary](/usc/42/201.md?p=c) of Defense;
      - (iii) a [representative](/usc/42/3058f.md?p=5) of the [Office](/usc/42/3058f.md?p=1) of the Under [Secretary](/usc/42/201.md?p=c) for Health for the Veterans Health Administration, recommended by the [Secretary](/usc/42/201.md?p=c) of Veterans Affairs;
      - (iv) a [representative](/usc/42/3058f.md?p=5) of the National Science [Foundation](/usc/42/17351.md?p=3), recommended by the Chair of the National Science [Board](/usc/42/10261.md?p=2); and
      - (v) a [representative](/usc/42/3058f.md?p=5) of the Food and [Drug](#a-2) Administration, recommended by the [Commissioner](/usc/42/12302.md?p=1) of Food and [Drugs](#a-2).
    - (B) **Terms—** Each ex-officio member shall serve a 3-year term on the [Board](/usc/42/10261.md?p=2), except that the Chairperson may adjust the terms of the initial ex-officio members in order to provide for a staggered term of appointment for all such members.
  - (4) **Responsibilities of the Board and the Director of the Center—**
    - (A) **Responsibilities of the Board—**
      - (i) **In general—** The [Board](/usc/42/10261.md?p=2) shall advise, and provide recommendations to, the [Director](/usc/42/5061.md?p=1) of the Center with respect to—
        - (I) policies, [programs](/usc/42/274l–1.md?p=4), and procedures for carrying out the duties of the [Director](/usc/42/5061.md?p=1) of the Center under this section; and
        - (II) significant barriers to successful translation of basic science into clinical application (including issues under the purview of other agencies and departments).
      - (ii) **Report—** In the case that the [Board](/usc/42/10261.md?p=2) identifies a significant barrier, as described in [clause (i)(II)](#d-4-A-i-II), the [Board](/usc/42/10261.md?p=2) shall submit to the [Secretary](/usc/42/201.md?p=c) a report regarding such barrier.
    - (B) **Responsibilities of the Director of the Center—** With respect to each recommendation provided by the [Board](/usc/42/10261.md?p=2) under [subparagraph (A)(i)](#d-4-A-i), the [Director](/usc/42/5061.md?p=1) of the Center shall respond in writing to the [Board](/usc/42/10261.md?p=2), indicating whether such [Director](/usc/42/5061.md?p=1) will implement such recommendation. In the case that the [Director](/usc/42/5061.md?p=1) of the Center indicates a recommendation of the [Board](/usc/42/10261.md?p=2) will not be implemented, such [Director](/usc/42/5061.md?p=1) shall provide an explanation of the reasons for not implementing such recommendation.
  - (5) **Meetings—**
    - (A) **In general—** The [Board](/usc/42/10261.md?p=2) shall meet 4 times per calendar year, at the call of the Chairperson.
    - (B) **Quorum; requirements; limitations—**
      - (i) **Quorum—** A quorum shall consist of a total of 13 members of the [Board](/usc/42/10261.md?p=2), excluding ex-officio members, with diverse representation as described in [clause (iii)](#d-5-B-iii).
      - (ii) **Chairperson or Vice Chairperson—** Each meeting of the [Board](/usc/42/10261.md?p=2) shall be attended by either the Chairperson or the Vice Chairperson.
      - (iii) **Diverse representation—** At each meeting of the [Board](/usc/42/10261.md?p=2), there shall be not less than one scientist, one [representative](/usc/42/3058f.md?p=5) of a disease advocacy organization, and one [representative](/usc/42/3058f.md?p=5) of a professional venture capital or private equity organization.
  - (6) **Compensation and travel expenses—**
    - (A) **Compensation—** Members shall receive compensation at a rate to be fixed by the Chairperson but not to exceed a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under [section 5315 of title 5](/usc/5/5315.md) for each day (including travel time) during which the member is engaged in the performance of the duties of the [Board](/usc/42/10261.md?p=2). All members of the [Board](/usc/42/10261.md?p=2) who are officers or [employees](/usc/42/300gg–91.md?p=d-5) of the [United States](/usc/42/403.md?p=k) shall serve without compensation in addition to that received for their [services](/usc/42/201.md?p=a) as officers or [employees](/usc/42/300gg–91.md?p=d-5) of the [United States](/usc/42/403.md?p=k).
    - (B) **Travel expenses—** Members of the [Board](/usc/42/10261.md?p=2) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for [persons](/usc/42/1320a–7k.md?p=d-4-C-i) employed intermittently by the Federal Government under section 5703(b)[^3] of [title 5](/usc/5.md), while away from their homes or regular places of business in the performance of [services](/usc/42/201.md?p=a) for the [Board](/usc/42/10261.md?p=2).
- (e) **Grant program—**
  - (1) **Supporting innovation—** To carry out the purposes described in this section, the [Director](/usc/42/5061.md?p=1) of the Center shall award contracts, grants, or cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) to the entities described in [paragraph (2)](#e-2), to—
    - (A) promote innovation in technologies supporting the [advanced research and development](/usc/42/247d–6b.md?p=h-1) and production of [high need cures](#a-3), including through the development of [medical products](#a-4) and behavioral therapies.
    - (B) accelerate the development of [high need cures](#a-3), including through the development of [medical products](#a-4), behavioral therapies, and biomarkers that demonstrate the safety or effectiveness of [medical products](#a-4); or
    - (C) help the award [recipient](/usc/42/2996a.md?p=6) establish protocols that comply with Food and [Drug](#a-2) Administration [standards](/usc/42/1320d.md?p=7) and otherwise permit the [recipient](/usc/42/2996a.md?p=6) to meet regulatory requirements at all stages of development, manufacturing, review, approval, and safety surveillance of a [medical product](#a-4).
  - (2) **Eligible entities—** To receive assistance under [paragraph (1)](#e-1), an entity shall—
    - (A) be a public or [private entity](/usc/42/12181.md?p=6), which may include a private or public research institution, an [institution of higher education](/usc/42/6371h–1.md?p=a-4), a medical center, a biotechnology company, a pharmaceutical company, a disease advocacy organization, a patient advocacy organization, or an academic research institution;
    - (B) submit an application containing—
      - (i) a detailed description of the [project](/usc/42/11360.md?p=20) for which the entity seeks such grant or contract;
      - (ii) a timetable for such [project](/usc/42/11360.md?p=20);
      - (iii) an assurance that the entity will submit—
        - (I) interim reports describing the entity’s—
          - (aa) progress in carrying out the [project](/usc/42/11360.md?p=20); and
          - (bb) compliance with all provisions of this section and conditions of receipt of such grant or contract; and
        - (II) a final report at the conclusion of the grant period, describing the outcomes of the [project](/usc/42/11360.md?p=20); and
      - (iv) a description of the protocols the entity will follow to comply with Food and [Drug](#a-2) Administration [standards](/usc/42/1320d.md?p=7) and regulatory requirements at all stages of development, manufacturing, review, approval, and safety surveillance of a [medical product](#a-4); and
    - (C) provide such additional information as the [Director](/usc/42/5061.md?p=1) of the Center may require.
  - (3) **Awards—**
    - (A) **The cures acceleration partnership awards—**
      - (i) **Initial award amount—** Each award under this subparagraph shall be not more than $15,000,000 per [project](/usc/42/11360.md?p=20) for the first fiscal year for which the [project](/usc/42/11360.md?p=20) is funded, which shall be payable in one payment.
      - (ii) **Funding in subsequent fiscal years—** An [eligible entity](/usc/42/256a.md?p=l-1) receiving an award under [clause (i)](#e-3-A-i) may apply for additional funding for such [project](/usc/42/11360.md?p=20) by submitting to the [Director](/usc/42/5061.md?p=1) of the Center the information required under subparagraphs [(B)](#e-2-B) and [(C)](#e-2-C) of paragraph (2). The [Director](/usc/42/5061.md?p=1) may [fund](/usc/42/12854.md?p=3) a [project](/usc/42/11360.md?p=20) of such [eligible entity](/usc/42/256a.md?p=l-1) in an amount not to exceed $15,000,000 for a fiscal year subsequent to the initial award under [clause (i)](#e-3-A-i).
      - (iii) **Matching funds—** As a condition for receiving an award under this subsection, an [eligible entity](/usc/42/256a.md?p=l-1) shall contribute to the [project](/usc/42/11360.md?p=20) non-Federal [funds](/usc/42/12854.md?p=3) in the amount of $1 for every $3 awarded under clauses [(i)](#e-3-A-i) and [(ii)](#e-3-A-ii), except that the [Director](/usc/42/5061.md?p=1) of the Center may waive or modify such matching requirement in any case where the [Director](/usc/42/5061.md?p=1) determines that the goals and objectives of this section cannot adequately be carried out unless such requirement is waived.
    - (B) **The cures acceleration grant awards—**
      - (i) **Initial award amount—** Each award under this subparagraph shall be not more than $15,000,000 per [project](/usc/42/11360.md?p=20) for the first fiscal year for which the [project](/usc/42/11360.md?p=20) is funded, which shall be payable in one payment.
      - (ii) **Funding in subsequent fiscal years—** An [eligible entity](/usc/42/256a.md?p=l-1) receiving an award under [clause (i)](#e-3-B-i) may apply for additional funding for such [project](/usc/42/11360.md?p=20) by submitting to the [Board](/usc/42/10261.md?p=2) the information required under subparagraphs [(B)](#e-2-B) and [(C)](#e-2-C) of paragraph (2). The [Director](/usc/42/5061.md?p=1) of the Center may [fund](/usc/42/12854.md?p=3) a [project](/usc/42/11360.md?p=20) of such [eligible entity](/usc/42/256a.md?p=l-1) in an amount not to exceed $15,000,000 for a fiscal year subsequent to the initial award under [clause (i)](#e-3-B-i).
    - (C) **The cures acceleration flexible research awards—** If the [Director](/usc/42/5061.md?p=1) of the Center determines that the goals and objectives of this section cannot adequately be carried out through a contract, grant, or cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A), the [Director](/usc/42/5061.md?p=1) of the Center shall have flexible research authority to use other transactions to [fund](/usc/42/12854.md?p=3) [projects](/usc/42/11360.md?p=20) in accordance with the terms and conditions of this section. Awards made under such flexible research authority for a fiscal year shall not exceed 20 percent of the total [funds](/usc/42/12854.md?p=3) appropriated under [subsection (g)(1)](#g-1) for such fiscal year.
  - (4) **Suspension of awards for defaults, noncompliance with provisions and plans, and diversion of funds; repayment of funds—** The [Director](/usc/42/5061.md?p=1) of the Center may suspend the award to any entity upon noncompliance by such entity with provisions and plans under this section or diversion of [funds](/usc/42/12854.md?p=3).
  - (5) **Audits—** The [Director](/usc/42/5061.md?p=1) of the Center may enter into [agreements](/usc/42/1320b–8.md?p=a-3-A) with other entities to conduct periodic audits of the [projects](/usc/42/11360.md?p=20) funded by grants or contracts awarded under this subsection.
  - (6) **Closeout procedures—** At the end of a grant or contract period, a [recipient](/usc/42/2996a.md?p=6) shall follow the closeout procedures under [section 74.71 of title 45, Code of Federal Regulations](/cfr/45/74.71.md) (or any successor regulation).
  - (7) **Review—** A determination by the [Director](/usc/42/5061.md?p=1) of the Center as to whether a [drug](#a-2), [device](#a-2), or [biological product](#a-1) is a [high need cure](#a-3) (for purposes of [subsection (a)(3)](#a-3)) shall not be subject to judicial review.
- (f) **Competitive basis of awards—** Any grant, cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A), or contract awarded under this section shall be awarded on a competitive basis.
- (g) **Authorization of appropriations—**
  - (1) **In general—** For purposes of carrying out this section, there are authorized to be appropriated $500,000,000 for fiscal year 2010, and such sums as may be necessary for subsequent fiscal years. [Funds](/usc/42/12854.md?p=3) appropriated under this section shall be available until expended.
  - (2) **Limitation on use of funds otherwise appropriated—** No [funds](/usc/42/12854.md?p=3) appropriated under this chapter, other than [funds](/usc/42/12854.md?p=3) appropriated under [paragraph (1)](#g-1), may be allocated to the Cures Acceleration Network.

## Footnotes

[^1]: So in original. A closing parenthesis probably should precede the comma.
[^2]: See References in Text note below.
[^3]: So in original. Section 5703 of title 5 does not contain a subsec. (b).

## Source credit

(July 1, 1944, ch. 373, title IV, § 480, formerly § 402C, as added Pub. L. 111–148, title X, § 10409(d), Mar. 23, 2010, 124 Stat. 978; renumbered § 480 and amended Pub. L. 112–74, div. F, title II, § 221(c)(1), Dec. 23, 2011, 125 Stat. 1089.)

## Notes

### Editorial Notes

### References in Text

Section 262(i) of this title, referred to in subsec. (a)(3), was in the original “section 262(i)”, and was translated as meaning section 351(i) of act July 1, 1944, ch. 373, to reflect the probable intent of Congress.

### Codification

Section was formerly classified to section 282d of this title.

### Prior Provisions

A prior section 287a, July 1, 1944, ch. 373, title IV, § 480, as added Pub. L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 864; amended Pub. L. 101–381, title I, § 102(3), Aug. 18, 1990, 104 Stat. 586; Pub. L. 102–405, title III, § 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 103–43, title XV, § 1501(2)(C), (D), title XX, §§ 2008(b)(12), 2010(b)(4), June 10, 1993, 107 Stat. 172, 173, 211, 214, related to the advisory council for the National Center for Research Resources, prior to repeal by Pub. L. 112–74, div. F, title II, § 221(a)(1)(B), Dec. 23, 2011, 125 Stat. 1086.

### Amendments

2011—Pub. L. 112–74, § 221(c)(1)(C), substituted “Director of the Center” for “Director of NIH” wherever appearing.

Subsec. (b). Pub. L. 112–74, § 221(c)(1)(B), substituted “within the Center” for “within the Office of the Director of NIH” in introductory provisions.

Subsec. (d)(4). Pub. L. 112–74, § 221(c)(1)(D), substituted “Director of the Center” for “Director of NIH” in heading.

Subsec. (d)(4)(B). Pub. L. 112–74, § 221(c)(1)(D), substituted “Director of the Center” for “Director of NIH” in heading.