Title 42 — The Public Health and Welfare
Part A · Chapter 6A — Public Health Service
§ 283k. Biomedical and behavioral research facilities
Statutory text
Modernization and construction of facilities
In general
The Director of NIH, acting through the Office of the Director of NIH or the Director of the National Institute of Allergy and Infectious Diseases, 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.
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.
Scientific and technical review boards for merit-based review of proposals
In general: approval as precondition to grants
Establishment
There is established a Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities (referred to in this section as the “Board”).
Requirement
The Director of NIH, acting through the Office of the Director of NIH, may approve an application for a grant under subsection (a) only if the Board has under paragraph (2) recommended the application for approval.
Duties
Advice
The Board shall provide advice to the Director of NIH and the Council of Councils established under section 282(l) of this title (in this section referred to as the “Council”) in carrying out this section.
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 NIH and the Council. Such determinations shall be conducted in a manner consistent with procedures established under section 289a of this title.
Amount
In carrying out subparagraph (A), the Board shall, in the case of applications recommended for approval, make recommendations to the Director and the Council on the amount that should be provided under the grant.
Annual report
In carrying out subparagraph (A), the Board shall prepare an annual report for the Director of NIH and the 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—
summarize and analyze expenditures made under this section;
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 NIH; and
contain the recommendations of the Board for any changes in the administration of this section.
Membership
In general
Subject to subparagraph (B), the Board shall be composed of 15 members to be appointed by the Director of NIH, acting through the Office of the Director of NIH, and such ad-hoc or temporary members as the Director of NIH, acting through the Office of the Director of NIH, determines to be appropriate. All members of the Board, including temporary and ad-hoc members, shall be voting members.
Limitation
Not more than three individuals who are officers or employees of the Federal Government may serve as members of the Board.
Certain requirements regarding membership
In selecting individuals for membership on the Board, the Director of NIH, acting through the Office of the Director of NIH, 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 NIH, acting through the Office of the Director of NIH, shall ensure that the members of the Board collectively—
are experienced in the planning, construction, financing, and administration of entities that conduct biomedical or behavioral research sciences;
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;
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
are experienced with emerging centers of excellence, as described in subsection (c)(2).
Certain authorities
Workshops and conferences
In carrying out paragraph (2), the Board may convene workshops and conferences, and collect data as the Board considers appropriate.
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.
Terms
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.
Staggered terms
Members appointed to the Board shall serve staggered terms as specified by the Director of NIH, acting through the Office of the Director of NIH, when making the appointments.
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.
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.
Requirements for grants
In general
The Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases, may make a grant under subsection (a) only if the applicant for the grant meets the following conditions:
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.
The applicant provides assurances satisfactory to the Director that—
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;
sufficient funds will be available to meet the non-Federal share of the cost of constructing the facility;
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
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.
The applicant meets reasonable qualifications established by the Director with respect to—
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;
the quality of the research or training, or both, to be carried out in the facilities involved;
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
the age and condition of existing research facilities.
The applicant has demonstrated a commitment to enhancing and expanding the research productivity of the applicant.
Institutions of emerging excellence
From the amount appropriated to carry out this section for a fiscal year up to $50,000,000, the Director of NIH, acting through the Office of the Director of NIH, shall make available 25 percent of such amount, and from the amount appropriated to carry out this section for a fiscal year that is over $50,000,000, the Director of NIH, acting through the Office of the Director of NIH, 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:
The applicant has a plan for research or training advancement and possesses the ability to carry out the plan.
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.
The applicant has been productive in research or research development and training.
The applicant—
has been designated as a center of excellence under section 293c 1 of this title;
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
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.
Requirement of application
The Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases, 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.
Amount of grant; payments
Amount
The amount of any grant awarded under subsection (a) shall be determined by the Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,,2 except that such amount shall not exceed—
50 percent (or, in the case of the Institute, 75 percent) of the necessary cost of the construction of a proposed facility as determined by the Director; or
in the case of a multipurpose facility, 40 percent (or, in the case of the Institute, 75 percent) of that part of the necessary cost of construction that the Director determines to be proportionate to the contemplated use of the facility.
Reservation of amounts
On the approval of any application for a grant under subsection (a), the Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases, 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.
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—
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
the amount of any non-Federal funds required to be expended as a condition of such other Federal grant.
Waiver of limitations
The limitations imposed under paragraph (1) may be waived at the discretion of the Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases, for applicants meeting the conditions described in subsection (c).
Recapture of payments
If, not later than 20 years after the completion of construction for which a grant has been awarded under subsection (a)—
in the case of an award by the Director of NIH, acting through the Office of the Director of NIH, the applicant or other owner of the facility shall cease to be a public or non profit 3 private entity; or
the facility shall cease to be used for the research purposes for which it was constructed (unless the Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases, 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.
Guidelines
Not later than 6 months after , the Director of NIH, acting through the Office of the Director of NIH, after consultation with the Council, shall issue guidelines with respect to grants under subsection (a).
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Institutes of Health Revitalization Act of 1993
Pub. L. 103–43 title XV § 1502 · 107 Stat. 122
Enacted · 42 U.S.C. § 283k
July 1, 1944, ch. 373, title IV, § 404I, formerly § 481A, as added Pub. L. 103–43, title XV, § 1502, June 10, 1993, 107 Stat. 173
Source evidence
Code source credit
July 1, 1944, ch. 373, title IV, § 404I, formerly § 481A, as added Pub. L. 103–43, title XV, § 1502, June 10, 1993, 107 Stat. 173Enacted provision · exact public law section
SEC. 1502. BIOMEDICAL AND BEHAVIORAL RESEARCH FACILITIES. Subpart 1 of part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end the following section: “biomedical and behavioral research facilities “Sec. 481A. (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) 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 480 (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), 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) 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 Reports. Public information. 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 tinder 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) 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) 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). “(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 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, 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), 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) for a fiscal year, the Director of the Center shall make available 25 percent 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 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) 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 approval of any application for a grant under subsection (a), 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), 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). “(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 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 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) 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.”.Health Professions Education Partnerships Act of 1998
Pub. L. 105–392 title I § 101(c) · 112 Stat. 3524
Substituted · 42 U.S.C. § 283k(c)(3)(D)(i)
Pub. L. 105–392 substituted “part B of subchapter V of this chapter” for “section 293c of this title”
Source evidence
Code amendment note
Subsec. (c)(3)(D)(i). Pub. L. 105–392 substituted “part B of subchapter V of this chapter” for “section 293c of this title”.Enacted provision · exact public law section
“(c) Conforming Amendments.— Section 481A(c)(3)(D)(i) of the Public Health Service Act (42 U.S.C. 287a–2(c)(3)(D)(i)) is amended by striking “section 739” and inserting “part B of title VII”.Pub. L. 106–505 title III § 303 · 114 Stat. 2314
Amended · 42 U.S.C. § 283k
Pub. L. 106–505 amended section generally
Added · 42 U.S.C. § 283k
Pub. L. 106–505 adding provisions requiring the Director to provide Congress with biennial status reports
Source evidence
Code amendment note
Pub. L. 106–505 amended section generally, adding provisions requiring the Director to provide Congress with biennial status reports.Enacted provision · exact public law section
SEC. 303. 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 three 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 approved 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 Deadline. 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.”.Public Law not identified
Inserted · 42 U.S.C. § 283k(e)(4)
Subsec. (e)(4). Pub. L.108–276, § 2(b)(4)(C), inserted “of the Center or the Director of the National Institute of Allergy and Infectious Diseases” after “Director”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L.108–276, § 2(b)(4)(C), inserted “of the Center or the Director of the National Institute of Allergy and Infectious Diseases” after “Director”.Project BioShield Act of 2004
Pub. L. 108–276 § 2(b)(1) · 118 Stat. 835
Inserted · 42 U.S.C. § 283k(a)(1)
Pub. L. 108–276, § 2(b)(1), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 108–276, § 2(b)(1), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”.Enacted provision · exact public law section
(1) in subsection (a)(1), by inserting “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”;Project BioShield Act of 2004
Pub. L. 108–276 § 2(b)(2)(A) · 118 Stat. 835
Inserted · 42 U.S.C. § 283k(c)(1)
Pub. L. 108–276, § 2(b)(2)(A), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 108–276, § 2(b)(2)(A), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”.Enacted provision · exact public law section
(A) in paragraph (1), by inserting “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”; andProject BioShield Act of 2004
Pub. L. 108–276 § 2(b)(2)(B) · 118 Stat. 835
Substituted · 42 U.S.C. § 283k(c)(2)
Pub. L. 108–276, § 2(b)(2)(B), substituted “subsection (i)(1)” for “subsection (i)” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 108–276, § 2(b)(2)(B), substituted “subsection (i)(1)” for “subsection (i)” in introductory provisions.Enacted provision · exact public law section
(B) in paragraph (2), in the matter preceding subparagraph (A), by striking “subsection (i)” and inserting “subsection (i)(1)”;Project BioShield Act of 2004
Pub. L. 108–276 § 2(b)(3) · 118 Stat. 835
Inserted · 42 U.S.C. § 283k(d)
Pub. L. 108–276, § 2(b)(3), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 108–276, § 2(b)(3), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”.Enacted provision · exact public law section
(3) in subsection (d), by inserting “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”;Project BioShield Act of 2004
Pub. L. 108–276 § 2(b)(4)(A)(i) · 118 Stat. 835
Inserted · 42 U.S.C. § 283k(e)(1)
Pub. L. 108–276, § 2(b)(4)(A)(i), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center” in introductory provisions
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 108–276, § 2(b)(4)(A)(i), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center” in introductory provisions.Enacted provision · exact public law section
(i) in the matter preceding subparagraph (A), by inserting “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”;Project BioShield Act of 2004
Pub. L. 108–276 § 2(b)(4)(A)(ii) · 118 Stat. 835
Inserted · 42 U.S.C. § 283k(e)(1)(A)
Pub. L. 108–276, § 2(b)(4)(A)(ii), inserted “(or, in the case of the Institute, 75 percent)” after “50 percent”
Source evidence
Code amendment note
Subsec. (e)(1)(A). Pub. L. 108–276, § 2(b)(4)(A)(ii), inserted “(or, in the case of the Institute, 75 percent)” after “50 percent”.Enacted provision · exact public law section
(ii) in subparagraph (A), by inserting “(or, in the case of the Institute, 75 percent)” after “50 percent”; andProject BioShield Act of 2004
Pub. L. 108–276 § 2(b)(4)(A)(iii) · 118 Stat. 835
Inserted · 42 U.S.C. § 283k(e)(1)(B)
Pub. L. 108–276, § 2(b)(4)(A)(iii), inserted “(or, in the case of the Institute, 75 percent)” after “40 percent”
Source evidence
Code amendment note
Subsec. (e)(1)(B). Pub. L. 108–276, § 2(b)(4)(A)(iii), inserted “(or, in the case of the Institute, 75 percent)” after “40 percent”.Enacted provision · exact public law section
(iii) in subparagraph (B), by inserting “(or, in the case of the Institute, 75 percent)” after “40 percent”;Project BioShield Act of 2004
Pub. L. 108–276 § 2(b)(4)(B) · 118 Stat. 835
Inserted · 42 U.S.C. § 283k(e)(2)
Pub. L. 108–276, § 2(b)(4)(B), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 108–276, § 2(b)(4)(B), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”.Enacted provision · exact public law section
(B) in paragraph (2), by inserting “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”; andProject BioShield Act of 2004
Pub. L. 108–276 § 2(b)(5)(A) · 118 Stat. 835
Inserted · 42 U.S.C. § 283k(f)(1)
Pub. L. 108–276, § 2(b)(5)(A), inserted “in the case of an award by the Director of the Center,” before “the applicant”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 108–276, § 2(b)(5)(A), inserted “in the case of an award by the Director of the Center,” before “the applicant”.Enacted provision · exact public law section
(A) in paragraph (1), by inserting “in the case of an award by the Director of the Center,” before “the applicant”; andProject BioShield Act of 2004
Pub. L. 108–276 § 2(b)(5)(B) · 118 Stat. 835
Inserted · 42 U.S.C. § 283k(f)(2)
Pub. L. 108–276, § 2(b)(5)(B), inserted “of the Center or the Director of the National Institute of Allergy and Infectious Diseases” after “Director”
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 108–276, § 2(b)(5)(B), inserted “of the Center or the Director of the National Institute of Allergy and Infectious Diseases” after “Director”.Enacted provision · exact public law section
(B) in paragraph (2), by inserting “of the Center or the Director of the National Institute of Allergy and Infectious Diseases” after “Director”; andProject BioShield Act of 2004
Pub. L. 108–276 § 2(b)(6) · 118 Stat. 835
Amended · 42 U.S.C. § 283k(i)
Pub. L. 108–276, § 2(b)(6), designated existing provisions as par. (1)
Inserted · 42 U.S.C. § 283k(i)
Pub. L. 108–276, § 2(b)(6), inserted heading
Substituted · 42 U.S.C. § 283k(i)
Pub. L. 108–276, § 2(b)(6), substituted “For the purpose of carrying out this section with respect to the Center,” for “For the purpose of carrying out this section,”
Added · 42 U.S.C. § 283k(i)
Pub. L. 108–276, § 2(b)(6), added par. (2)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 108–276, § 2(b)(6), designated existing provisions as par. (1), inserted heading, substituted “For the purpose of carrying out this section with respect to the Center,” for “For the purpose of carrying out this section,”, and added par. (2).Enacted provision · exact public law section
(6) in subsection (i)— (A) by striking “Appropriations.—For the purpose of carrying out this section,” and inserting the following: “ Appropriations .— “(1) Center.— For the purpose of carrying out this section with respect to the Center,” ; and (B) by adding at the end the following: “(2) National institute of allergy and infectious diseases.— For the purpose of carrying out this section with respect to the National Institute of Allergy and Infectious Diseases, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 and 2005.” .National Institutes of Health Reform Act of 2006
Pub. L. 109–482 § 103(b)(40)(A) · 120 Stat. 3675
Substituted · 42 U.S.C. § 283k(c)(2)
Pub. L. 109–482, § 103(b)(40)(A), in introductory provisions, substituted “to carry out this section for a fiscal year up to” for “under subsection (i)(1) of this section for a fiscal year up to”
Substituted · 42 U.S.C. § 283k(c)(2)
Pub. L. 109–482, § 103(b)(40)(A), in introductory provisions, substituted “to carry out this section for a fiscal year that” for “under such subsection for a fiscal year that”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 109–482, § 103(b)(40)(A), in introductory provisions, substituted “to carry out this section for a fiscal year up to” for “under subsection (i)(1) of this section for a fiscal year up to” and “to carry out this section for a fiscal year that” for “under such subsection for a fiscal year that”.Enacted provision · exact public law section
(A) in the matter preceding subparagraph (A) of subsection (c)(2)— (i) by striking the term “under subsection (i)(1)” and inserting “to carry out this section”; and (ii) by striking “under such subsection” and inserting “to carry out this section”; andEffective date note
Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title.National Institutes of Health Reform Act of 2006
Pub. L. 109–482 § 104(b)(1)(M) · 120 Stat. 3675
Struck · 42 U.S.C. § 283k(h)
Pub. L. 109–482, § 104(b)(1)(M), struck out subsec. (h) which required biennial report concerning the status of biomedical and behavioral research facilities and the availability and condition of laboratory equipment
Source evidence
Code amendment note
Subsec. (h). Pub. L. 109–482, § 104(b)(1)(M), struck out subsec. (h) which required biennial report concerning the status of biomedical and behavioral research facilities and the availability and condition of laboratory equipment.Enacted provision · exact public law section
(M) in section 481A, 42 USC 287a–2. by striking subsection (h);Effective date note
Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title.National Institutes of Health Reform Act of 2006
Pub. L. 109–482 § 103(b)(40)(B) · 120 Stat. 3675
Struck · 42 U.S.C. § 283k(i)
Pub. L. 109–482, § 103(b)(40)(B), struck out subsec. (i) which authorized appropriations for the National Center for Research Resources and the National Institute of Allergy and Infectious Diseases
Source evidence
Code amendment note
Subsec. (i). Pub. L. 109–482, § 103(b)(40)(B), struck out subsec. (i) which authorized appropriations for the National Center for Research Resources and the National Institute of Allergy and Infectious Diseases.Enacted provision · exact public law section
(B) by striking subsection (i);Effective date note
Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title.Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(i) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(a)(1)
Pub. L. 112–74, § 221(b)(1)(B)(i), substituted “acting through the Office of the Director of NIH or the Director of the National Institute of Allergy and Infectious Diseases” for “acting through the Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 112–74, § 221(b)(1)(B)(i), substituted “acting through the Office of the Director of NIH or the Director of the National Institute of Allergy and Infectious Diseases” for “acting through the Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases”.Enacted provision · exact public law section
(i) in subsection (a)(1), by striking “acting through the Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases” and inserting “acting through the Office of the Director of NIH or the Director of the National Institute of Allergy and Infectious Diseases”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(vi)(I) · 125 Stat. 1087
Struck · 42 U.S.C. § 283k(b)(1)(A)
Pub. L. 112–74, § 221(b)(1)(B)(vi)(I), struck out “within the Center” after “established”
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 112–74, § 221(b)(1)(B)(vi)(I), struck out “within the Center” after “established”.Enacted provision · exact public law section
(I) in paragraph (1)(A), by striking “within the Center”; andDepartment of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(v) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(b)(1)(B)
Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”.Enacted provision · exact public law section
(v) by striking “Director of the Center” each place it appears and inserting “Director of NIH, acting through the Office of the Director of NIH,”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(vi)(II)(aa) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(b)(2)(A)
Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(aa), substituted “and the Council of Councils established under section 282(l) of this title (in this section referred to as the ‘Council’)” for “and the advisory council established under section 287a of this title (in this section referred to as the ‘Advisory Council’)”
Source evidence
Code amendment note
Subsec. (b)(2)(A). Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(aa), substituted “and the Council of Councils established under section 282(l) of this title (in this section referred to as the ‘Council’)” for “and the advisory council established under section 287a of this title (in this section referred to as the ‘Advisory Council’)”.Enacted provision · exact public law section
(aa) in subparagraph (A), by striking “and the advisory council established under section 480 (in this section referred to as the ‘Advisory Council’)” and inserting “and the Council of Councils established under section 402(l) (in this section referred to as the ‘Council’)”; andDepartment of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(iii) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(b)(2)(A)
Pub. L. 112–74, § 221(b)(1)(B)(iii), substituted “Director of NIH” for “Director of the Center”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–74, § 221(b)(1)(B)(iii), substituted “Director of NIH” for “Director of the Center”.Enacted provision · exact public law section
(iii) in subsection (b)(2), by striking “Director of the Center” each place it appears and inserting “Director of NIH”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(vi)(II)(bb) · 125 Stat. 1087
Struck · 42 U.S.C. § 283k(b)(2)(B)
Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(bb), struck out “Advisory” before “Council”
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(bb), struck out “Advisory” before “Council”.Enacted provision · exact public law section
(bb) in subparagraphs (B), (C), and (D), by striking “Advisory” each place it appears; andDepartment of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(iii) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(b)(2)(B)
Pub. L. 112–74, § 221(b)(1)(B)(iii), substituted “Director of NIH” for “Director of the Center”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–74, § 221(b)(1)(B)(iii), substituted “Director of NIH” for “Director of the Center”.Enacted provision · exact public law section
(iii) in subsection (b)(2), by striking “Director of the Center” each place it appears and inserting “Director of NIH”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(vi)(II)(bb) · 125 Stat. 1087
Struck · 42 U.S.C. § 283k(b)(2)(C)
Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(bb), struck out “Advisory” before “Council”
Source evidence
Code amendment note
Subsec. (b)(2)(C). Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(bb), struck out “Advisory” before “Council”.Enacted provision · exact public law section
(bb) in subparagraphs (B), (C), and (D), by striking “Advisory” each place it appears; andDepartment of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(vi)(II)(bb) · 125 Stat. 1087
Struck · 42 U.S.C. § 283k(b)(2)(D)
Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(bb), struck out “Advisory” before “Council”
Source evidence
Code amendment note
Subsec. (b)(2)(D). Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(bb), struck out “Advisory” before “Council”.Enacted provision · exact public law section
(bb) in subparagraphs (B), (C), and (D), by striking “Advisory” each place it appears; andDepartment of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(iii) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(b)(2)(D)
Pub. L. 112–74, § 221(b)(1)(B)(iii), substituted “Director of NIH” for “Director of the Center” in introductory provisions and cl. (ii)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–74, § 221(b)(1)(B)(iii), substituted “Director of NIH” for “Director of the Center” in introductory provisions and cl. (ii).Enacted provision · exact public law section
(iii) in subsection (b)(2), by striking “Director of the Center” each place it appears and inserting “Director of NIH”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(v) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(b)(3)(A)
Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center” in two places
Source evidence
Code amendment note
Subsec. (b)(3)(A). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center” in two places.Enacted provision · exact public law section
(v) by striking “Director of the Center” each place it appears and inserting “Director of NIH, acting through the Office of the Director of NIH,”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(iv) · 125 Stat. 1087
Struck · 42 U.S.C. § 283k(b)(3)(A)
Pub. L. 112–74, § 221(b)(1)(B)(iv), struck out comma after “Director of the Center” the first place appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–74, § 221(b)(1)(B)(iv), struck out comma after “Director of the Center” the first place appearing.Enacted provision · exact public law section
(iv) in subsections (b)(3)(A), (f)(1), and (g), by striking the comma at the end of “Director of the Center,” each place it appears;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(v) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(b)(4)
Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center” in two places in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center” in two places in introductory provisions.Enacted provision · exact public law section
(v) by striking “Director of the Center” each place it appears and inserting “Director of NIH, acting through the Office of the Director of NIH,”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(v) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(b)(6)(B)
Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”
Source evidence
Code amendment note
Subsec. (b)(6)(B). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”.Enacted provision · exact public law section
(v) by striking “Director of the Center” each place it appears and inserting “Director of NIH, acting through the Office of the Director of NIH,”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(ii) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(c)(1)
Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases” in introductory provisions.Enacted provision · exact public law section
(ii) in subsections (c), (d), (e), and (f)(2), by striking “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases” each place it appears and inserting “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(v) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(c)(2)
Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center” in two places in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center” in two places in introductory provisions.Enacted provision · exact public law section
(v) by striking “Director of the Center” each place it appears and inserting “Director of NIH, acting through the Office of the Director of NIH,”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(ii) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(d)
Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases”.Enacted provision · exact public law section
(ii) in subsections (c), (d), (e), and (f)(2), by striking “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases” each place it appears and inserting “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(ii) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(e)
Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases” wherever appearing
Source evidence
Code amendment note
Subsec. (e). Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases” wherever appearing.Enacted provision · exact public law section
(ii) in subsections (c), (d), (e), and (f)(2), by striking “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases” each place it appears and inserting “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(v) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(f)(1)
Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”.Enacted provision · exact public law section
(v) by striking “Director of the Center” each place it appears and inserting “Director of NIH, acting through the Office of the Director of NIH,”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(iv) · 125 Stat. 1087
Struck · 42 U.S.C. § 283k(f)(1)
Pub. L. 112–74, § 221(b)(1)(B)(iv), struck out comma after “Director of the Center”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–74, § 221(b)(1)(B)(iv), struck out comma after “Director of the Center”.Enacted provision · exact public law section
(iv) in subsections (b)(3)(A), (f)(1), and (g), by striking the comma at the end of “Director of the Center,” each place it appears;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(ii) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(f)(2)
Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases”
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases”.Enacted provision · exact public law section
(ii) in subsections (c), (d), (e), and (f)(2), by striking “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases” each place it appears and inserting “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(vii) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(g)
Pub. L. 112–74, § 221(b)(1)(B)(vii), substituted “after consultation with the Council” for “after consultation with the Advisory Council”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 112–74, § 221(b)(1)(B)(vii), substituted “after consultation with the Council” for “after consultation with the Advisory Council”.Enacted provision · exact public law section
(vii) in subsection (g), by striking “after consultation with the Advisory Council” and inserting “after consultation with the Council”.Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(v) · 125 Stat. 1087
Substituted · 42 U.S.C. § 283k(g)
Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”.Enacted provision · exact public law section
(v) by striking “Director of the Center” each place it appears and inserting “Director of NIH, acting through the Office of the Director of NIH,”;Department of Health and Human Services Appropriations Act, 2012
Pub. L. 112–74 § 221(b)(1)(B)(iv) · 125 Stat. 1087
Struck · 42 U.S.C. § 283k(g)
Pub. L. 112–74, § 221(b)(1)(B)(iv), struck out comma after “Director of the Center”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–74, § 221(b)(1)(B)(iv), struck out comma after “Director of the Center”.Enacted provision · exact public law section
(iv) in subsections (b)(3)(A), (f)(1), and (g), by striking the comma at the end of “Director of the Center,” each place it appears;
46 of 47 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
References in Text
Section 293c of this title, referred to in subsec. (c)(2)(D)(i), does not contain provisions relating to designation as a center of excellence. See section 293 of this title.
Codification
Section was formerly classified to section 287a–2 of this title.
Amendments1998–2011 · 5 rounds
2011
Subsec. (a)(1). Pub. L. 112–74, § 221(b)(1)(B)(i), substituted “acting through the Office of the Director of NIH or the Director of the National Institute of Allergy and Infectious Diseases” for “acting through the Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases”.
Subsec. (b)(1)(A). Pub. L. 112–74, § 221(b)(1)(B)(vi)(I), struck out “within the Center” after “established”.
Subsec. (b)(1)(B). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”.
Subsec. (b)(2)(A). Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(aa), substituted “and the Council of Councils established under section 282(l) of this title (in this section referred to as the ‘Council’)” for “and the advisory council established under section 287a of this title (in this section referred to as the ‘Advisory Council’)”.
Pub. L. 112–74, § 221(b)(1)(B)(iii), substituted “Director of NIH” for “Director of the Center”.
Subsec. (b)(2)(B). Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(bb), struck out “Advisory” before “Council”.
Pub. L. 112–74, § 221(b)(1)(B)(iii), substituted “Director of NIH” for “Director of the Center”.
Subsec. (b)(2)(C). Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(bb), struck out “Advisory” before “Council”.
Subsec. (b)(2)(D). Pub. L. 112–74, § 221(b)(1)(B)(vi)(II)(bb), struck out “Advisory” before “Council”.
Pub. L. 112–74, § 221(b)(1)(B)(iii), substituted “Director of NIH” for “Director of the Center” in introductory provisions and cl. (ii).
Subsec. (b)(3)(A). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center” in two places.
Pub. L. 112–74, § 221(b)(1)(B)(iv), struck out comma after “Director of the Center” the first place appearing.
Subsec. (b)(4). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center” in two places in introductory provisions.
Subsec. (b)(6)(B). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”.
Subsec. (c)(1). Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases” in introductory provisions.
Subsec. (c)(2). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center” in two places in introductory provisions.
Subsec. (d). Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases”.
Subsec. (e). Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases” wherever appearing.
Subsec. (f)(1). Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”.
Pub. L. 112–74, § 221(b)(1)(B)(iv), struck out comma after “Director of the Center”.
Subsec. (f)(2). Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “Director of NIH, acting through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,” for “Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases”.
Subsec. (g). Pub. L. 112–74, § 221(b)(1)(B)(vii), substituted “after consultation with the Council” for “after consultation with the Advisory Council”.
Pub. L. 112–74, § 221(b)(1)(B)(v), substituted “Director of NIH, acting through the Office of the Director of NIH,” for “Director of the Center”.
Pub. L. 112–74, § 221(b)(1)(B)(iv), struck out comma after “Director of the Center”.
2007
Subsec. (c)(2). Pub. L. 109–482, § 103(b)(40)(A), in introductory provisions, substituted “to carry out this section for a fiscal year up to” for “under subsection (i)(1) of this section for a fiscal year up to” and “to carry out this section for a fiscal year that” for “under such subsection for a fiscal year that”.
Subsec. (h). Pub. L. 109–482, § 104(b)(1)(M), struck out subsec. (h) which required biennial report concerning the status of biomedical and behavioral research facilities and the availability and condition of laboratory equipment.
Subsec. (i). Pub. L. 109–482, § 103(b)(40)(B), struck out subsec. (i) which authorized appropriations for the National Center for Research Resources and the National Institute of Allergy and Infectious Diseases.
2004
Subsec. (a)(1). Pub. L. 108–276, § 2(b)(1), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”.
Subsec. (c)(1). Pub. L. 108–276, § 2(b)(2)(A), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”.
Subsec. (c)(2). Pub. L. 108–276, § 2(b)(2)(B), substituted “subsection (i)(1)” for “subsection (i)” in introductory provisions.
Subsec. (d). Pub. L. 108–276, § 2(b)(3), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”.
Subsec. (e)(1). Pub. L. 108–276, § 2(b)(4)(A)(i), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center” in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 108–276, § 2(b)(4)(A)(ii), inserted “(or, in the case of the Institute, 75 percent)” after “50 percent”.
Subsec. (e)(1)(B). Pub. L. 108–276, § 2(b)(4)(A)(iii), inserted “(or, in the case of the Institute, 75 percent)” after “40 percent”.
Subsec. (e)(2). Pub. L. 108–276, § 2(b)(4)(B), inserted “or the Director of the National Institute of Allergy and Infectious Diseases” after “Director of the Center”.
Subsec. (e)(4). Pub. L.108–276, § 2(b)(4)(C), inserted “of the Center or the Director of the National Institute of Allergy and Infectious Diseases” after “Director”.
Subsec. (f)(1). Pub. L. 108–276, § 2(b)(5)(A), inserted “in the case of an award by the Director of the Center,” before “the applicant”.
Subsec. (f)(2). Pub. L. 108–276, § 2(b)(5)(B), inserted “of the Center or the Director of the National Institute of Allergy and Infectious Diseases” after “Director”.
Subsec. (i). Pub. L. 108–276, § 2(b)(6), designated existing provisions as par. (1), inserted heading, substituted “For the purpose of carrying out this section with respect to the Center,” for “For the purpose of carrying out this section,”, and added par. (2).
2000
Pub. L. 106–505 amended section generally, adding provisions requiring the Director to provide Congress with biennial status reports.
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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title.
Findings
Pub. L. 106–505, title III, § 302, , 114 Stat. 2330, provided that:
“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.”
Credits
1944–2011 · 6 acts
- 1944July 1, 1944, ch. 373, title IV, § 404I, formerly § 481A, as added Pub. L. 103–43, title XV, § 1502, , 107 Stat. 173
- 1998amended Pub. L. 105–392, title I, § 101(c), , 112 Stat. 3537
- 2000Pub. L. 106–505, title III, § 303, , 114 Stat. 2330
- 2004Pub. L. 108–276, § 2(b), , 118 Stat. 841
- 2007Pub. L. 109–482, title I, §§ 103(b)(40), 104(b)(1)(M), , 120 Stat. 3688, 3693
- 2011renumbered § 404I and amended Pub. L. 112–74, div. F, title II, § 221(b)(1), , 125 Stat. 1087.
Show as published
(July 1, 1944, ch. 373, title IV, § 404I, formerly § 481A, as added Pub. L. 103–43, title XV, § 1502, , 107 Stat. 173; amended Pub. L. 105–392, title I, § 101(c), , 112 Stat. 3537; Pub. L. 106–505, title III, § 303, , 114 Stat. 2330; Pub. L. 108–276, § 2(b), , 118 Stat. 841; Pub. L. 109–482, title I, §§ 103(b)(40), 104(b)(1)(M), , 120 Stat. 3688, 3693; renumbered § 404I and amended Pub. L. 112–74, div. F, title II, § 221(b)(1), , 125 Stat. 1087.)