42 U.S.C. § 283l — Construction of regional centers for re-

Page 664 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283l tional 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 Cen- ter’’. 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 Infec- tious 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), in- serted ‘‘(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), in- serted ‘‘(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,’’ be- fore ‘‘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 exist- ing provisions as par. (1), inserted heading, substituted ‘‘For the purpose of carrying out this section with re- spect to the Center,’’ for ‘‘For the purpose of carrying out this section,’’, and added par. (2). 2000—Pub. L. 106–505 amended section generally, add- ing provisions requiring the Director to provide Con- gress 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, Nov. 13, 2000, 114 Stat. 2330, provided that: ‘‘Congress finds that— ‘‘(1) the National Institutes of Health is the prin- cipal 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 Con- gress for the purpose of expanding the national in- vestment of the United States in behavioral and bio- medical 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 cut- ting-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 equip- ment 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 fa- cilities, 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 Na- tional Institutes of Health must include increased support for the renovation and construction of extra- mural research facilities in the United States and the purchase of state-of-the-art laboratory instrumenta- tion.’’ § 283l. Construction of regional centers for re- search on primates (a) With respect to activities carried out by the Director of NIH, acting through the Office of the Director of NIH, to support regional centers for research on primates, the Director of NIH may, for each of the fiscal years 2000 through 2002, reserve from the amounts appropriated to carry out section 283k of this title such sums as necessary for the purpose of making awards of grants and contracts to public or nonprofit pri- vate entities to construct, renovate, or other- wise improve such regional centers. The reserva- tion of such amounts for any fiscal year is sub- ject to the availability of qualified applicants for such awards. (b) The Director of NIH may not make a grant or enter into a contract under subsection (a) un- less the applicant for such assistance agrees, with respect to the costs to be incurred by the applicant in carrying out the purpose described in such subsection, to make available (directly or through donations from public or private en- tities) non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $4 of Federal funds provided in such assistance. (July 1, 1944, ch. 373, title IV, § 404J, formerly § 481B, as added Pub. L. 103–43, title XV, § 1503, June 10, 1993, 107 Stat. 178; amended Pub. L. 105–392, title IV, § 411, Nov. 13, 1998, 112 Stat. 3590; Pub. L. 106–505, title III, § 304, Nov. 13, 2000, 114 Stat. 2335; Pub. L. 109–482, title I, § 103(b)(41), Jan. 15, 2007, 120 Stat. 3688; renumbered § 404J and amended Pub. L. 112–74, div. F, title II, § 221(b)(2), Dec. 23, 2011, 125 Stat. 1088.) Editorial Notes CODIFICATION Section was formerly classified to section 287a–3 of this title. AMENDMENTS 2011—Subsec. (a). Pub. L. 112–74, § 221(b)(2)(B), sub- stituted ‘‘by the Director of NIH, acting through the Office of the Director of NIH,’’ for ‘‘by the National Center for Research Resources’’ and ‘‘283k’’ for ‘‘287a–2’’. 2007—Subsec. (a). Pub. L. 109–482, which directed the substitution of ‘‘to carry out section 287a–2’’ for ‘‘under section 287a–2(h)’’, was executed by making substi- tution for ‘‘under section 287a–2(i)’’, to reflect the prob- able intent of Congress. 2000—Subsec. (a). Pub. L. 106–505, which directed the amendment of subsec. (a) by substituting ‘‘2000 through 2002, reserve from the amounts appropriated under sec- tion 287a–2(i) of this title such sums as necessary’’ for Page 665 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283m ‘‘ ‘1994’ and all that follows through ‘$5,000,000’ ’’, was executed by making the substitution for ‘‘1994 through 1996, reserve from the amounts appropriated under sec- tion 287a–2(h) of this title up to $2,500,000’’, to reflect the probable intent of Congress and the amendment by Pub. L. 105–392. See 1998 Amendment note below. 1998—Subsec. (a). Pub. L. 105–392, in first sentence, substituted ‘‘may’’ for ‘‘shall’’ and ‘‘up to $2,500,000’’ for ‘‘$5,000,000’’. 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. § 283m. Sanctuary system for surplus chim- panzees (a) In general The Secretary shall provide for the establish- ment and operation in accordance with this sec- tion of a system to provide for the lifetime care of chimpanzees that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government, and with respect to which it has been determined by the Secretary that the chimpanzees are not needed for such research (in this section referred to as ‘‘surplus chimpanzees’’). (b) Administration of sanctuary system The Secretary shall carry out this section, in- cluding the establishment of regulations under subsection (d), in consultation with the board of directors of the nonprofit private entity that re- ceives the contract under subsection (e) (relat- ing to the operation of the sanctuary system). (c) Acceptance of chimpanzees into system All surplus chimpanzees owned by the Federal Government shall be accepted into the sanc- tuary system. Subject to standards under sub- section (d)(4), any chimpanzee that is not owned by the Federal Government can be accepted into the system if the owner transfers to the sanc- tuary system title to the chimpanzee. (d) Standards for permanent retirement of sur- plus chimpanzees (1) In general Not later than 180 days after December 20, 2000, the Secretary shall by regulation estab- lish standards for operating the sanctuary sys- tem to provide for the permanent retirement of surplus chimpanzees. In establishing the standards, the Secretary shall consider the recommendations of the board of directors of the nonprofit private entity that receives the contract under subsection (e), and shall con- sider the recommendations of the National Re- search Council applicable to surplus chim- panzees that are made in the report published in 1997 and entitled ‘‘Chimpanzees in Re- search—Strategies for Their Ethical Care, Management, and Use’’. (2) Chimpanzees accepted into system With respect to chimpanzees that are ac- cepted into the sanctuary system, standards under paragraph (1) shall include the fol- lowing: (A) A prohibition that the chimpanzees may not be used for research, except as au- thorized under paragraph (3). (B) Provisions regarding the housing of the chimpanzees. (C) Provisions regarding the behavioral well-being of the chimpanzees. (D) A requirement that the chimpanzees be cared for in accordance with the Animal Welfare Act [7 U.S.C. 2131 et seq.]. (E) A requirement that the chimpanzees be prevented from breeding. (F) A requirement that complete histories be maintained on the health and use in re- search of the chimpanzees. (G) A requirement that the chimpanzees be monitored for the purpose of promptly de- tecting the presence in the chimpanzees of any condition that may be a threat to the public health or the health of other chim- panzees. (H) A requirement that chimpanzees pos- ing such a threat be contained in accordance with applicable recommendations of the Di- rector of the Centers for Disease Control and Prevention. (I) A prohibition that none of the chim- panzees may be subjected to euthanasia, ex- cept as in the best interests of the chim- panzee involved, as determined by the sys- tem and an attending veterinarian. (J) A prohibition that the chimpanzees may not be discharged from the system. (K) A provision that the Secretary may, in the discretion of the Secretary, accept into the system chimpanzees that are not surplus chimpanzees. (L) Such additional standards as the Sec- retary determines to be appropriate. (3) Restrictions regarding research (A) In general For purposes of paragraph (2)(A), standards under paragraph (1) shall provide that a chimpanzee accepted into the sanctuary sys- tem may not be used for studies or research, except that the chimpanzee may be used for noninvasive behavioral studies or medical studies based on information collected dur- ing the course of normal veterinary care that is provided for the benefit of the chim- panzee, provided that any such study in- volves minimal physical and mental harm, pain, distress, and disturbance to the chim- panzee and the social group in which the chimpanzee lives. (B) Additional restriction For purposes of paragraph (2)(A), a condi- tion for the use in studies or research of a chimpanzee accepted into the sanctuary sys- tem is (in addition to conditions under sub- paragraph (A) of this paragraph) that the ap- plicant for such use has not been fined for, or signed a consent decree for, any violation of the Animal Welfare Act [7 U.S.C. 2131 et seq.]. (4) Non-Federal chimpanzees offered for ac- ceptance into system With respect to a chimpanzee that is not owned by the Federal Government and is of-