I
106TH CONGRESS
2D SESSION
H. R. 4431
To amend the Public Health Service Act to provide support for the moderniza-
tion and construction of biomedical and behavioral research facilities
and laboratory instrumentation.
IN THE HOUSE OF REPRESENTATIVES
MAY 11, 2000
Mr. BILIRAKIS (for himself, Mr. BROWN of Ohio, Mrs. LOWEY, Mr. GREEN
of Texas, Ms. DEGETTE, Mr. WAXMAN, Ms. RIVERS, Mr. OWENS, and
Mr. BORSKI) introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To amend the Public Health Service Act to provide support
for the modernization and construction of biomedical and
behavioral research facilities and laboratory instrumenta-
tion.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Twenty-First Century
Research Laboratories Act’’.
SEC. 2. FINDINGS.
Congress finds that—
forming institutions indicated that they had an inad-
equate amount of medical research space;
(7) the National Science Foundation reports
that academic institutions have deferred nearly
$11,000,000,000 in renovation and construction
projects because of a lack of funds; and
(8) future increases in Federal funding for the
National Institutes of Health must include increased
support for the renovation and construction of extra-
mural research facilities in the United States and
the purchase of state-of-the-art laboratory instru-
mentation.
SEC. 3. BIOMEDICAL AND BEHAVIORAL RESEARCH FACILI-
TIES.
Section 481A of the Public Health Service Act (42
U.S.C. 287a–2 et seq.) is amended to read as follows:
‘‘SEC. 481A. BIOMEDICAL AND BEHAVIORAL RESEARCH FA-
CILITIES.
‘‘(a) MODERNIZATION AND CONSTRUCTION OF FA-
CILITIES.—
‘‘(1) IN GENERAL.—The Director of NIH, act-
ing through the Director of the Center, may make
grants or contracts to public and nonprofit private
entities to expand, remodel, renovate, or alter exist-
ing research facilities or construct new research fa-
cilities, subject to the provisions of this section.
‘‘(2) CONSTRUCTION AND COST OF CONSTRUC-
TION.—For purposes of this section, the terms ‘con-
struction’ and ‘cost of construction’ include the con-
struction of new buildings and the expansion, ren-
ovation, remodeling, and alteration of existing build-
ings, including architects’ fees, but do not include
the cost of acquisition of land or off-site improve-
ments.
‘‘(b) SCIENTIFIC AND TECHNICAL REVIEW BOARDS
FOR MERIT-BASED REVIEW OF PROPOSALS.—
‘‘(1) IN GENERAL: APPROVAL AS PRECONDITION
TO GRANTS.—
‘‘(A) ESTABLISHMENT.—There is estab-
lished within the Center a Scientific and Tech-
nical Review Board on Biomedical and Behav-
ioral Research Facilities (referred to in this sec-
tion as the ‘Board’).
‘‘(B) REQUIREMENT.—The Director of the
Center may approve an application for a grant
under subsection (a) only if the Board has
under paragraph (2) recommended the applica-
tion for approval.
‘‘(2) DUTIES.—
‘‘(A) ADVICE.—The Board shall provide
advice to the Director of the Center and the ad-
visory council established under section 480 (in
this section referred to as the ‘Advisory Coun-
cil’) in carrying out this section.
‘‘(B) DETERMINATION OF MERIT.—In car-
rying out subparagraph (A), the Board shall
make a determination of the merit of each ap-
plication submitted for a grant under sub-
section (a), after consideration of the require-
ments established in subsection (c), and shall
report the results of the determination to the
Director of the Center and the Advisory Coun-
cil. Such determinations shall be conducted in a
manner consistent with procedures established
under section 492.
‘‘(C) AMOUNT.—In carrying out subpara-
graph (A), the Board shall, in the case of appli-
cations recommended for approval, make rec-
ommendations to the Director and the Advisory
Council on the amount that should be provided
under the grant.
‘‘(D) ANNUAL REPORT.—In carrying out
subparagraph (A), the Board shall prepare an
annual report for the Director of the Center
and the Advisory Council describing the activi-
ties 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 expendi-
tures made under this section;
‘‘(ii) provide a summary of the types,
numbers, and amounts of applications that
were recommended for grants under sub-
section (a) but that were not approved by
the Director of the Center; and
‘‘(iii) contain the recommendations of
the Board for any changes in the adminis-
tration of this section.
‘‘(3) MEMBERSHIP.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Board shall be composed of 15
members to be appointed by the Director of the
Center, and such ad-hoc or temporary members
as the Director of the Center determines to be
appropriate. All members of the Board, includ-
ing temporary and ad-hoc members, shall be
voting members.
‘‘(B) LIMITATION.—Not more than 3 indi-
viduals 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 member-
ship on the Board, the Director of the Center shall
ensure that the members are individuals who, by vir-
tue of their training or experience, are eminently
qualified to perform peer review functions. In select-
ing such individuals for such membership, the Direc-
tor of the Center shall ensure that the members of
the Board collectively—
‘‘(A) are experienced in the planning, con-
struction, financing, and administration of enti-
ties that conduct biomedical or behavioral re-
search sciences;
‘‘(B) are knowledgeable in making deter-
minations 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) in view of the overall re-
search needs of the United States; and
‘‘(D) are experienced with emerging cen-
ters of excellence, as described in subsection
(c)(2).
‘‘(5) CERTAIN AUTHORITIES.—
‘‘(A) WORKSHOPS AND CONFERENCES.—In
carrying out paragraph (2), the Board may con-
vene workshops and conferences, and collect
data as the Board considers appropriate.
‘‘(B) SUBCOMMITTEES.—In carrying out
paragraph (2), the Board may establish sub-
committees within the Board. Such subcommit-
tees may hold meetings as determined necessary
to enable the subcommittee to carry out its du-
ties.
‘‘(6) TERMS.—
‘‘(A) IN GENERAL.—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 ap-
pointed shall be appointed for the remainder of
the term of the predecessor.
‘‘(B) STAGGERED
TERMS.—Members ap-
pointed to the Board shall serve staggered
terms as specified by the Director of the Center
when making the appointments.
‘‘(C) REAPPOINTMENT.—No member of
the Board shall be 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 estab-
lished under this title.
‘‘(c) REQUIREMENTS FOR GRANTS.—
‘‘(1) IN GENERAL.—The Director of the Center
may make a grant under subsection (a) only if the
applicant for the grant meets the following condi-
tions:
‘‘(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 involved, the
facility will be used for the purposes of the
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 ef-
fective 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 re-
search, or is necessary to improve or main-
tain the quality of the applicant’s research.
‘‘(C) The applicant meets reasonable quali-
fications established by the Director with re-
spect to—
‘‘(i) the relative scientific and tech-
nical merit of the applications, and the rel-
ative effectiveness of the proposed facili-
ties, in expanding the capacity for bio-
medical or behavioral research and in im-
proving 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 congruence of the research
activities to be carried out within the facil-
ity with the research and investigator man-
power needs of the United States; and
‘‘(iv) the age and condition of existing
research facilities.
‘‘(D) The applicant has demonstrated a
commitment to enhancing and expanding the
research productivity of the applicant.
‘‘(2) INSTITUTIONS
OF
EMERGING
EXCEL-
LENCE.—From the amount appropriated under sub-
section (i) for a fiscal year up to $50,000,000, the
Director of the Center shall make available 25 per-
cent of such amount, and from the amount appro-
priated under such subsection for a fiscal year that
is over $50,000,000, the Director of the Center shall
make available up to 25 percent of such amount, for
grants under subsection (a) to applicants that in ad-
dition to meeting the requirements established in
paragraph (1), have demonstrated emerging excel-
lence in biomedical or behavioral research, as fol-
lows:
‘‘(A) The applicant has a plan for research
or training advancement and possesses the abil-
ity 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 section 739;
‘‘(ii) is located in a geographic area
whose population includes a significant
number of individuals with 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 tech-
nology, services, or research resources may
adversely affect the 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) only
if an application for the grant is submitted to the Director
and the application is in such form, is made in such man-
ner, and contains such agreements, assurances, and infor-
mation 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) 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 deter-
mined 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 fa-
cility.
‘‘(2) RESERVATION OF AMOUNTS.—On the ap-
proval of any application for a grant under sub-
section (a), the Director of the Center shall reserve,
from any appropriation available for such grants,
the amount of such grant, and shall pay such
amount, in advance or by way of reimbursement,
and in such installments consistent with the con-
struction progress, as the Director may determine
appropriate. The reservation of any amount by the
Director under this paragraph may be amended by
the Director, either on the approval of an amend-
ment of the application or on the revision of the esti-
mated cost of construction of the facility.
‘‘(3) EXCLUSION OF CERTAIN COSTS.—In deter-
mining the amount of any grant under subsection
(a), there shall be excluded from the cost of con-
struction an amount equal to the sum of—
‘‘(A) the amount of any other Federal
grant that the applicant has obtained, or is as-
sured of obtaining, with respect to construction
that is to be financed in part by a grant author-
ized 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 limita-
tions imposed under paragraph (1) may be waived at
the discretion of the Director for applicants meeting
the conditions described in subsection (c).
‘‘(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)—
‘‘(1) the applicant or other owner of the facility
shall cease to be a public or non profit private enti-
ty; or
‘‘(2) the facility shall cease to be used for the
research purposes for which it was constructed (un-
less the Director determines, in accordance with reg-
ulations, 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 ap-
plicant 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
the date of the enactment of this section, the Director of
the Center, after consultation with the Advisory Council,
shall issue guidelines with respect to grants under sub-
section (a).
‘‘(h) REPORT TO CONGRESS.—The Director of the
Center shall prepare and submit to the appropriate com-
mittees of Congress a biennial report concerning the sta-
tus of the biomedical and behavioral research facilities and
the availability and condition of technologically sophisti-
cated laboratory equipment in the United States. Such re-
ports shall be developed in concert with the report pre-
pared by the National Science Foundation on the needs
of research facilities of universities as required under sec-
tion 108 of the National Science Foundation Authoriza-
tion Act for Fiscal Year 1986 (42 U.S.C. 1886).
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated $250,000,000 for fiscal year 2001, and
such sums as may be necessary for each of the fiscal years
2002 and 2003.’’.
SEC. 4. CONSTRUCTION PROGRAM FOR NATIONAL PRI-
MATE RESEARCH CENTERS.
Section 481B(a) of the Public Health Service Act (42
U.S.C. 287a–3(a)) is amended by striking ‘‘1994’’ and all
that follows through ‘‘$5,000,000’’ and inserting ‘‘2000
through 2002, reserve from the amounts appropriated
under section 481A(i) such sums as necessary’’.
SEC. 5. SHARED INSTRUMENTATION GRANT PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $100,000,000 for fiscal year
2000, and such sums as may be necessary for each subse-
quent fiscal year, to enable the Secretary of Health and
Human Services, acting through the Director of the Na-
tional Center for Research Resources, to provide for the
continued operation of the Shared Instrumentation Grant
Program (initiated in fiscal year 1992 under the authority
of section 479 of the Public Health Service Act (42 U.S.C.
287 et seq.)).
(b) REQUIREMENTS FOR GRANTS.—In determining
whether to award a grant to an applicant under the pro-
gram described in subsection (a), the Director of the Na-
tional Center for Research Resources shall consider—
(1) the extent to which an award for the spe-
cific instrument involved would meet the scientific
needs and enhance the planned research endeavors
of the major users by providing an instrument that
is unavailable or to which availability is highly lim-
ited;
(2) with respect to the instrument involved, the
availability and commitment of the appropriate tech-
nical expertise within the major user group or the
applicant institution for use of the instrumentation;
(3) the adequacy of the organizational plan for
the use of the instrument involved and the internal
advisory committee for oversight of the applicant, in-
cluding sharing arrangements if any;
(4) the applicant’s commitment for continued
support of the utilization and maintenance of the in-
strument; and
(5) the extent to which the specified instrument
will be shared and the benefit of the proposed in-
strument to the overall research community to be
served.
(c) PEER REVIEW.—In awarding grants under the
program described in subsection (a) Director of the Na-
tional Center for Research Resources shall comply with
the peer review requirements in section 492 of the Public
Health Service Act (42 U.S.C. 289a).
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