Reauthorizes on a permanent basis the Shared Instrumentation Grant Program.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4431 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 4431
To amend the Public Health Service Act to provide support for the
modernization 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 instrumentation.
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 ``Twenty-First Century Research
Laboratories Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the National Institutes of Health is the principal
source of Federal funding for medical research at universities
and other research institutions in the United States;
(2) the National Institutes of Health has received a
substantial increase in research funding from Congress for the
purpose of expanding the national investment of the United
States in behavioral and biomedical research;
(3) the infrastructure of our research institutions is
central to the continued leadership of the United States in
medical research;
(4) as Congress increases the investment in cutting-edge
basic and clinical research, it is critical that Congress also
examine the current quality of the laboratories and buildings
where research is being conducted, as well as the quality of
laboratory equipment used in research;
(5) many of the research facilities and laboratories in the
United States are outdated and inadequate;
(6) the National Science Foundation found, in a 1998 report
on the status of biomedical research facilities, that over 60
percent of research-performing institutions indicated that they
had an inadequate 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 extramural research facilities
in the United States and the purchase of state-of-the-art
laboratory instrumentation.
SEC. 3. BIOMEDICAL AND BEHAVIORAL RESEARCH FACILITIES.
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 FACILITIES.
``(a) Modernization and Construction of Facilities.--
``(1) In general.--The Director of NIH, acting through the
Director of the Center, may make grants or contracts 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) Establishment.--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) 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 application for approval.
``(2) Duties.--
``(A) Advice.--The Board shall provide advice to
the Director of the Center and the advisory council
established under section 480 (in this section referred
to as the `Advisory Council') in carrying out this
section.
``(B) Determination of merit.--In carrying out
subparagraph (A), the Board shall make a determination
of the merit of each application submitted for a grant
under subsection (a), after consideration of the
requirements established in subsection (c), 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
492.
``(C) Amount.--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 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 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) 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) In general.--Subject to subparagraph (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,
including temporary and ad-hoc members, shall be voting
members.
``(B) Limitation.--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) 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)(2).
``(5) Certain authorities.--
``(A) Workshops and conferences.--In carrying out
paragraph (2), the Board may convene workshops and
conferences, and collect data as the Board considers
appropriate.
``(B) Subcommittees.--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) 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 appointed shall be appointed for the
remainder of the term of the predecessor.
``(B) Staggered terms.--Members appointed 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 established
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 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 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
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 congruence of the research
activities to be carried out within the
facility with the research and investigator
manpower 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 excellence.--From the amount
appropriated under subsection (i) for a fiscal year up to
$50,000,000, the Director of the Center shall make available 25
percent of such amount, and from the amount appropriated 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 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 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 technology,
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 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) 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 the approval of any
application for a grant under subsection (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 construction 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 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 subsection (a), 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 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 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 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 subsection (a).
``(h) Report to Congress.--The Director of the Center shall prepare
and submit to the appropriate committees of Congress a biennial report
concerning the status of the biomedical and behavioral research
facilities and the availability and condition of technologically
sophisticated laboratory equipment in the United States. Such reports
shall be developed in concert with the report prepared by the National
Science Foundation on the needs of research facilities of universities
as required under section 108 of the National Science Foundation
Authorization 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 PRIMATE 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 subsequent fiscal year, to enable the Secretary of
Health and Human Services, acting through the Director of the National
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 program described in subsection (a),
the Director of the National Center for Research Resources shall
consider--
(1) the extent to which an award for the specific
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 limited;
(2) with respect to the instrument involved, the
availability and commitment of the appropriate technical
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, including sharing arrangements if
any;
(4) the applicant's commitment for continued support of the
utilization and maintenance of the instrument; and
(5) the extent to which the specified instrument will be
shared and the benefit of the proposed instrument to the
overall research community to be served.
(c) Peer Review.--In awarding grants under the program described in
subsection (a) Director of the National 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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Commerce.
Referred to the Subcommittee on Health and Environment.
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