42 U.S.C. § 283k — Biomedical and behavioral research fa-

Page 660 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 283h, 283i D. Wellstone Muscular Dystrophy Cooperative Re- search Centers’.’’ Subsec. (f). Pub. L. 110–361, § 2(a), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to reports. Subsec. (g). Pub. L. 110–361, § 2(a), (b)(3), added subsec. (g) and redesignated former subsec. (g) as (f). 2007—Pub. L. 109–482, § 104(b)(1)(A)(ii), which directed amendment of subsec. (b) by striking subsec. (f) and re- designating subsec. (g) as (f), could not literally be exe- cuted and was not executed in view of amendments by Pub. L. 110–361. See 2008 Amendment notes above. Subsec. (a)(1). Pub. L. 110–154 substituted ‘‘Eunice Kennedy Shriver National Institute of Child Health and Human Development’’ for ‘‘National Institute of Child Health and Human Development’’. Subsec. (b)(3). Pub. L. 109–482, § 104(b)(1)(A)(i), amend- ed heading and text of par. (3) generally. Text read as follows: ‘‘The Director of NIH— ‘‘(A) shall, as appropriate, provide for the coordina- tion of information among centers under paragraph (1) and ensure regular communication between such centers; and ‘‘(B) shall require the periodic preparation of re- ports on the activities of the centers and the submis- sion of the reports to the Director.’’ Subsec. (h). Pub. L. 109–482, § 103(b)(4), struck out heading and text of subsec. (h). Text read as follows: ‘‘For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be nec- essary for each of fiscal years 2002 through 2006. The au- thorization of appropriations established in the pre- ceding sentence is in addition to any other authoriza- tion of appropriations that is available for conducting or supporting through the National Institutes of Health research and other activities with respect to muscular dystrophy.’’ 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. §§ 283h, 283i. Transferred Editorial Notes CODIFICATION Section 283h, act July 1, 1944, ch. 373, title IV, § 404F, as added Pub. L. 107–280, § 3, Nov. 6, 2002, 116 Stat. 1989; amended Pub. L. 109–482, title I, §§ 103(b)(5), 104(b)(1)(B), Jan. 15, 2007, 120 Stat. 3687, 3693, which related to the Office of Rare Diseases, was renumbered section 481 of act July 1, 1944, by Pub. L. 112–74, div. F, title II, § 221(c)(2)(A)(i), Dec. 23, 2011, 125 Stat. 1089, and trans- ferred to section 287a–1 of this title. Section 283i, act July 1, 1944, ch. 373, title IV, § 404G, as added Pub. L. 107–280, § 4, Nov. 6, 2002, 116 Stat. 1990; amended Pub. L. 109–482, title I, § 103(b)(6), Jan. 15, 2007, 120 Stat. 3687, which related to rare disease regional centers of excellence, was renumbered section 481A of act July 1, 1944, by Pub. L. 112–74, div. F, title II, § 221(c)(3), Dec. 23, 2011, 125 Stat. 1089, and transferred to section 287a–2 of this title. § 283j. Repealed. Pub. L. 114–255, div. A, title II, § 2042(f)(1), Dec. 13, 2016, 130 Stat. 1073 Section, July 1, 1944, ch. 373, title IV, § 404H, as added Pub. L. 109–416, § 2(b), Dec. 19, 2006, 120 Stat. 2821, re- quired review and report on centers of excellence fund- ed under this subchapter. § 283k. Biomedical and behavioral research fa- cilities (a) Modernization and construction of facilities (1) In general The Director of NIH, acting through the Of- fice of the Director of NIH or the Director of the National Institute of Allergy and Infec- tious Diseases, may make grants or contracts to public and nonprofit private entities to ex- pand, remodel, renovate, or alter existing re- search facilities or construct new research fa- cilities, subject to the provisions of this sec- tion. (2) Construction and cost of construction For purposes of this section, the terms ‘‘con- struction’’ and ‘‘cost of construction’’ include the construction of new buildings and the ex- pansion, renovation, remodeling, and alter- ation of existing buildings, including archi- tects’ fees, but do not include the cost of ac- quisition 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 a Scientific and Tech- nical Review Board on Biomedical and Be- havioral Research Facilities (referred to in this section as the ‘‘Board’’). (B) 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. (2) Duties (A) Advice The Board shall provide advice to the Di- rector of NIH and the Council of Councils es- tablished under section 282(l) of this title (in this section referred to as the ‘‘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 consider- ation of the requirements established in sub- section (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. (C) Amount In carrying out subparagraph (A), the Board shall, in the case of applications rec- ommended for approval, make recommenda- tions to the Director and the 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 Page 661 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283k Director of NIH and the Council describing the activities of the Board in the fiscal year for which the report is made. Each such re- port 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 sub- section (a) but that were not approved by the Director of NIH; and (iii) contain the recommendations of the Board for any changes in the administra- tion of this section. (3) Membership (A) In general Subject to subparagraph (B), the Board shall be composed of 15 members to be ap- pointed 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 Of- fice of the Director of NIH, determines to be appropriate. All members of the Board, in- cluding temporary and ad-hoc members, shall be voting members. (B) Limitation Not more than three individuals who are officers or employees of the Federal Govern- ment may serve as members of the Board. (4) Certain requirements regarding member- ship 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 vir- tue of their training or experience, are emi- nently qualified to perform peer review func- tions. 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— (A) are experienced in the planning, con- struction, financing, and administration of entities that conduct biomedical or behav- ioral research sciences; (B) are knowledgeable in making deter- minations of the need of entities for bio- medical or behavioral research facilities, in- cluding such facilities for the dentistry, nursing, pharmacy, and allied health profes- sions; (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 ap- propriate. (B) Subcommittees In carrying out paragraph (2), the Board may establish subcommittees within the Board. Such subcommittees may hold meet- ings 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 mem- ber 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 Di- rector of NIH, acting through the Office of the Director of NIH, when making the ap- pointments. (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 re- ceive 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. (c) Requirements for grants (1) In general The Director of NIH, acting through the Of- fice of the Director of NIH or the National In- stitute of Allergy and Infectious Diseases, may make a grant under subsection (a) only if the applicant for the grant meets the fol- lowing conditions: (A) The applicant is determined by such Director to be competent to engage in the type of research for which the proposed fa- cility is to be constructed. (B) The applicant provides assurances sat- isfactory to the Director that— (i) for not less than 20 years after com- pletion of the construction involved, the facility will be used for the purposes of the research for which it is to be constructed; (ii) sufficient funds will be available to meet the non-Federal share of the cost of constructing the facility; (iii) sufficient funds will be available, when construction is completed, for the ef- fective use of the facility for the research for which it is being constructed; and (iv) the proposed construction will ex- pand 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 quali- fications established by the Director with respect to— Page 662 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283k 1 See References in Text note below. 2 So in original. (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 train- ing, or both, to be carried out in the facili- ties involved; (iii) the congruence of the research ac- tivities to be carried out within the facil- ity with the research and investigator manpower needs of the United States; and (iv) the age and condition of existing re- search facilities. (D) The applicant has demonstrated a com- mitment to enhancing and expanding the re- search productivity of the applicant. (2) 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 fis- cal 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 bio- medical 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 spe- cial 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 train- ing. (D) The applicant— (i) has been designated as a center of ex- cellence under section 293c 1 of this title; (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 ad- versely affect the health status of the pop- ulation 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 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, assur- ances, and information as the Director deter- mines to be necessary to carry out this section. (e) Amount of grant; payments (1) Amount The amount of any grant awarded under sub- section (a) shall be determined by the Director of NIH, acting through the Office of the Direc- tor of NIH or the National Institute of Allergy and Infectious Diseases,,2 except that such amount shall not exceed— (A) 50 percent (or, in the case of the Insti- tute, 75 percent) of the necessary cost of the construction of a proposed facility as deter- mined by the Director; or (B) in the case of a multipurpose facility, 40 percent (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. (2) 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 reimburse- ment, and in such installments consistent with the construction progress, as the Direc- tor may determine appropriate. The reserva- tion 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 as- sured of obtaining, with respect to construc- tion 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 Direc- tor of NIH, acting through the Office of the Di- rector of NIH or the National Institute of Al- lergy and Infectious Diseases, 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) 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 fa- Page 663 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283k 3 So in original. Probably should be ‘‘nonprofit’’. cility shall cease to be a public or non profit 3 private entity; or (2) 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 Na- tional Institute of Allergy and Infectious Dis- eases, determines, in accordance with regula- tions, 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 cur- rent value (as determined by an agreement be- tween 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 June 10, 1993, 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). (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; amended Pub. L. 105–392, title I, § 101(c), Nov. 13, 1998, 112 Stat. 3537; Pub. L. 106–505, title III, § 303, Nov. 13, 2000, 114 Stat. 2330; Pub. L. 108–276, § 2(b), July 21, 2004, 118 Stat. 841; Pub. L. 109–482, title I, §§ 103(b)(40), 104(b)(1)(M), Jan. 15, 2007, 120 Stat. 3688, 3693; re- numbered § 404I and amended Pub. L. 112–74, div. F, title II, § 221(b)(1), Dec. 23, 2011, 125 Stat. 1087.) Editorial Notes REFERENCES IN TEXT Section 293c of this title, referred to in subsec. (c)(2)(D)(i), does not contain provisions relating to des- ignation as a center of excellence. See section 293 of this title. CODIFICATION Section was formerly classified to section 287a–2 of this title. AMENDMENTS 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 Al- lergy 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), sub- stituted ‘‘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 Coun- cil’)’’. 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), sub- stituted ‘‘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), sub- stituted ‘‘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), sub- stituted ‘‘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), sub- stituted ‘‘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), sub- stituted ‘‘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), sub- stituted ‘‘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), sub- stituted ‘‘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), sub- stituted ‘‘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), sub- stituted ‘‘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), sub- stituted ‘‘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 facili- ties 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 Na- 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