[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1268 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1268

   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 SENATE OF THE UNITED STATES

                             June 23, 1999

Mr. Harkin (for himself, Mr. Frist, Mr. Kennedy, Mr. Chafee, Mr. Reed, 
   Mr. Mack, Ms. Mikulski, Mrs. Murray, Mr. Cleland, Mr. Helms, Mr. 
Warner, Mr. Schumer, Mr. Cochran, Mr. Durbin, Mr. Moynihan, Mrs. Boxer, 
  Mr. Roberts, and Mr. Reid) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 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 2000, $500,000,000 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).
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