
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC287a-2]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
 
                      Part E--Other Agencies of NIH
 
            subpart 1--national center for research resources
 
Sec. 287a-2. Biomedical and behavioral research facilities


(a) Modernization and construction of facilities

                           (1) In general

        The Director of NIH, acting through the Director of the Center, 
    may make grants to public and nonprofit private entities to expand, 
    remodel, renovate, or alter existing research facilities or 
    construct new research facilities, subject to the provisions of this 
    section.

              (2) Construction and cost of construction

        For purposes of this section, the terms ``construction'' and 
    ``cost of construction'' include the construction of new buildings 
    and the expansion, renovation, remodeling, and alteration of 
    existing buildings, including architects' fees, but do not include 
    the cost of acquisition of land or off-site improvements.

(b) Scientific and technical review boards for merit-based review of 
        proposals

         (1) In general; approval as precondition to grants

        (A) There is established within the Center a Scientific and 
    Technical Review Board on Biomedical and Behavioral Research 
    Facilities (referred to in this section as the ``Board'').
        (B) The Director of the Center may approve an application for a 
    grant under subsection (a) of this section only if the Board has 
    under paragraph (2) recommended the application for approval.

                             (2) Duties

        (A) The Board shall provide advice to the Director of the Center 
    and the advisory council established under section 287a of this 
    title (in this section referred to as the ``Advisory Council'') on 
    carrying out this section.
        (B) In carrying out subparagraph (A), the Board shall make a 
    determination of the merit of each application submitted for a grant 
    under subsection (a) of this section, after consideration of the 
    requirements established in subsection (c) of this section, and 
    shall report the results of the determination to the Director of the 
    Center and the Advisory Council. Such determinations shall be 
    conducted in a manner consistent with procedures established under 
    section 289a of this title.
        (C) In carrying out subparagraph (A), the Board shall, in the 
    case of applications recommended for approval, make recommendations 
    to the Director and the Advisory Council on the amount that should 
    be provided in the grant.
        (D) In carrying out subparagraph (A), the Board shall prepare an 
    annual report for the Director of the Center and the Advisory 
    Council describing the activities of the Board in the fiscal year 
    for which the report is made. Each such report shall be available to 
    the public, and shall--
            (i) summarize and analyze expenditures made under this 
        section;
            (ii) provide a summary of the types, numbers, and amounts of 
        applications that were recommended for grants under subsection 
        (a) of this section but that were not approved by the Director 
        of the Center; and
            (iii) contain the recommendations of the Board for any 
        changes in the administration of this section.

                           (3) Membership

        (A) Subject to subparagraph (B), the Board shall be composed of 
    9 appointed members, and such ex officio members as the Director of 
    the Center determines to be appropriate.
        (B) Not more than 3 individuals who are officers or employees of 
    the Federal Government may serve as members of the Board.

            (4) Certain requirements regarding membership

        In selecting individuals for membership on the Board, the 
    Director of the Center shall ensure that the members are individuals 
    who, by virtue of their training or experience, are eminently 
    qualified to perform peer review functions. In selecting such 
    individuals for such membership, the Director of the Center shall 
    ensure that the members of the Board collectively--
            (A) are experienced in the planning, construction, 
        financing, and administration of entities that conduct 
        biomedical or behavioral research sciences;
            (B) are knowledgeable in making determinations of the need 
        of entities for biomedical or behavioral research facilities, 
        including such facilities for the dentistry, nursing, pharmacy, 
        and allied health professions;
            (C) are knowledgeable in evaluating the relative priorities 
        for applications for grants under subsection (a) of this section 
        in view of the overall research needs of the United States; and
            (D) are experienced with emerging centers of excellence, as 
        described in subsection (c)(3) of this section.

                       (5) Certain authorities

        (A) In carrying out paragraph (2), the Board may convene 
    workshops and conferences, and collect data as the Board considers 
    appropriate.
        (B) In carrying out paragraph (2), the Board may establish 
    subcommittees within the Board. Such subcommittees may hold meetings 
    as determined necessary to enable the subcommittee to carry out its 
    duties.

                              (6) Terms

        (A) Except as provided in subparagraph (B), each appointed 
    member of the Board shall hold office for a term of 4 years. Any 
    member appointed to fill a vacancy occurring prior to the expiration 
    of the term for which such member's predecessor was appointed shall 
    be appointed for the remainder of the term of the predecessor.
        (B) Of the initial members appointed to the Board (as specified 
    by the Director of the Center when making the appointments)--
            (i) 3 shall hold office for a term of 3 years;
            (ii) 3 shall hold office for a term of 2 years; and
            (iii) 3 shall hold office for a term of 1 year.

        (C) No member is eligible for reappointment to the Board until 1 
    year has elapsed after the end of the most recent term of the 
    member.

                          (7) Compensation

        Members of the Board who are not officers or employees of the 
    United States shall receive for each day the members are engaged in 
    the performance of the functions of the Board compensation at the 
    same rate received by members of other national advisory councils 
    established under this subchapter.

(c) Requirements for grants

                           (1) In general

        The Director of the Center may make a grant under subsection (a) 
    of this section only if the applicant for the grant meets the 
    following conditions:
            (A) The applicant is determined by such Director to be 
        competent to engage in the type of research for which the 
        proposed facility is to be constructed.
            (B) The applicant provides assurances satisfactory to the 
        Director that--
                (i) for not less than 20 years after completion of the 
            construction, the facility will be used for the purposes of 
            research for which it is to be constructed;
                (ii) sufficient funds will be available to meet the non-
            Federal share of the cost of constructing the facility;
                (iii) sufficient funds will be available, when 
            construction is completed, for the effective use of the 
            facility for the research for which it is being constructed; 
            and
                (iv) the proposed construction will expand the 
            applicant's capacity for research, or is necessary to 
            improve or maintain the quality of the applicant's research.

            (C) The applicant meets reasonable qualifications 
        established by the Director with respect to--
                (i) the relative scientific and technical merit of the 
            applications, and the relative effectiveness of the proposed 
            facilities, in expanding the capacity for biomedical or 
            behavioral research and in improving the quality of such 
            research;
                (ii) the quality of the research or training, or both, 
            to be carried out in the facilities involved;
                (iii) the need of the applicant for such facilities in 
            order to maintain or expand the applicant's research and 
            training mission;
                (iv) the congruence of the research activities to be 
            carried out within the facility with the research and 
            investigator manpower needs of the United States; and
                (v) the age and condition of existing research 
            facilities and equipment.

            (D) The applicant has demonstrated a commitment to enhancing 
        and expanding the research productivity of the applicant.

                (2) Consideration of certain factors

        In making grants under subsection (a) of this section, the 
    Director of the Center may, in addition to the requirements 
    established in paragraph (1), consider the following factors:
            (A) To what extent the applicant has the capacity to broaden 
        the scope of research and research training programs of the 
        applicant by promoting--
                (i) interdisciplinary research;
                (ii) research on emerging technologies, including those 
            involving novel analytical techniques or computational 
            methods; or
                (iii) other novel research mechanisms or programs.

            (B) To what extent the applicant has broadened the scope of 
        research and research training programs of qualified 
        institutions by promoting genomic research with an emphasis on 
        interdisciplinary research, including research related to 
        pediatric investigations.

               (3) Institutions of emerging excellence

        Of the amounts appropriated under subsection (h) of this section 
    for a fiscal year, the Director of the Center shall make available 
    25 percent for grants under subsection (a) of this section to 
    applicants that, in addition to meeting the requirements established 
    in paragraph (1), have demonstrated emerging excellence in 
    biomedical or behavioral research, as follows:
            (A) The applicant has a plan for research or training 
        advancement and possesses the ability to carry out the plan.
            (B) The applicant carries out research and research training 
        programs that have a special relevance to a problem, concern, or 
        unmet health need of the United States.
            (C) The applicant has been productive in research or 
        research development and training.
            (D) The applicant--
                (i) has been designated as a center of excellence under 
            part B of subchapter V of this chapter;
                (ii) is located in a geographic area whose population 
            includes a significant number of individuals with a health-
            status deficit, and the applicant provides health services 
            to such individuals; or
                (iii) is located in a geographic area in which a deficit 
            in health care technology, services, or research resources 
            may adversely affect health status of the population of the 
            area in the future, and the applicant is carrying out 
            activities with respect to protecting the health status of 
            such population.

(d) Requirement of application

    The Director of the Center may make a grant under subsection (a) of 
this section only if an application for the grant is submitted to the 
Director and the application is in such form, is made in such manner, 
and contains such agreements, assurances, and information as the 
Director determines to be necessary to carry out this section.

(e) Amount of grant; payments

                             (1) Amount

        The amount of any grant awarded under subsection (a) of this 
    section shall be determined by the Director of the Center, except 
    that such amount shall not exceed--
            (A) 50 percent of the necessary cost of the construction of 
        a proposed facility as determined by the Director; or
            (B) in the case of a multipurpose facility, 40 percent of 
        that part of the necessary cost of construction that the 
        Director determines to be proportionate to the contemplated use 
        of the facility.

                     (2) Reservation of amounts

        On approval of any application for a grant under subsection (a) 
    of this section, the Director of the Center shall reserve, from any 
    appropriation available therefore, the amount of such grant, and 
    shall pay such amount, in advance or by way of reimbursement, and in 
    such installments consistent with the construction progress, as the 
    Director may determine appropriate. The reservation of the Director 
    of any amount by the Director under this paragraph may be amended by 
    the Director, either on the approval of an amendment of the 
    application or on the revision of the estimated cost of construction 
    of the facility.

                   (3) Exclusion of certain costs

        In determining the amount of any grant under this subsection (a) 
    of this section, there shall be excluded from the cost of 
    construction an amount equal to the sum of--
            (A) the amount of any other Federal grant that the applicant 
        has obtained, or is assured of obtaining, with respect to 
        construction that is to be financed in part by a grant 
        authorized under this section; and
            (B) the amount of any non-Federal funds required to be 
        expended as a condition of such other Federal grant.

                      (4) Waiver of limitations

        The limitations imposed by paragraph (1) may be waived at the 
    discretion of the Director for applicants meeting the conditions 
    described in paragraphs (1) and (2) of subsection (c) of this 
    section.

(f) Recapture of payments

    If, not later than 20 years after the completion of construction for 
which a grant has been awarded under subsection (a) of this section--
        (1) the applicant or other owner of the facility shall cease to 
    be a public or nonprofit private entity; or
        (2) the facility shall cease to be used for the research 
    purposes for which it was constructed (unless the Director 
    determines, in accordance with regulations, that there is good cause 
    for releasing the applicant or other owner from obligation to do 
    so);

the United States shall be entitled to recover from the applicant or 
other owner of the facility the amount bearing the same ratio to the 
current value (as determined by an agreement between the parties or by 
action brought in the United States District Court for the district in 
which such facility is situated) of the facility as the amount of the 
Federal participation bore to the cost of the construction of such 
facility.

(g) Guidelines

    Not later than 6 months after June 10, 1993, the Director of the 
Center, after consultation with the Advisory Council, shall issue 
guidelines with respect to grants under subsection (a) of this section.

(h) Authorization of appropriations

    For the purpose of carrying out this section, there are authorized 
to be appropriated $150,000,000 for fiscal year 1994, and such sums as 
may be necessary for each of the fiscal years 1995 and 1996.

(July 1, 1944, ch. 373, title IV, Sec. 481A, as added Pub. L. 103-43, 
title XV, Sec. 1502, June 10, 1993, 107 Stat. 173; amended Pub. L. 105-
392, title I, Sec. 101(c), Nov. 13, 1998, 112 Stat. 3537.)


                               Amendments

    1998--Subsec. (c)(3)(D)(i). Pub. L. 105-392 substituted ``part B of 
subchapter V of this chapter'' for ``section 293c of this title''.

                  Section Referred to in Other Sections

    This section is referred to in section 287a-3 of this title.
