42 U.S.C. § 283n — Shared Instrumentation Grant Program

Page 668 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283n (3) Biennial report Not later than 180 days after November 27, 2013, the Director of the National Institutes of Health shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Sen- ate and the Committee on Energy and Com- merce and the Committee on Appropriations in the House of Representatives a report, to be updated biennially, regarding— (A) the care, maintenance, and transpor- tation of the chimpanzees under the owner- ship or control of the National Institutes of Health; (B) costs related to such care, mainte- nance, and transportation, and any other re- lated costs; and (C) the research status of such chim- panzees. (July 1, 1944, ch. 373, title IV, § 404K, formerly § 481C, as added Pub. L. 106–551, § 2, Dec. 20, 2000, 114 Stat. 2752; amended Pub. L. 110–170, § 2(a), Dec. 26, 2007, 121 Stat. 2465; renumbered § 404K and amended Pub. L. 112–74, div. F, title II, § 221(b)(3), Dec. 23, 2011, 125 Stat. 1088; Pub. L. 113–55, title III, § 302(a), (c), Nov. 27, 2013, 127 Stat. 646, 647.) Editorial Notes REFERENCES IN TEXT The Animal Welfare Act, referred to in subsecs. (d)(2)(D), (3)(B) and (e)(3)(A)(ix), is Pub. L. 89–544, Aug. 24, 1966, 80 Stat. 350, which is classified generally to chapter 54 (§ 2131 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2131 of Title 7 and Tables. Section 3 of the Chimpanzee Health Improvement, Maintenance, and Protection Act, referred to in subsec. (d)(4)(A), is section 3 of Pub. L. 106–551, which is set out as a note below. CODIFICATION Section was formerly classified to section 287a–3a of this title. November 27, 2013, referred to in subsec. (g)(3), was in the original ‘‘the date enactment of this Act’’ (sic), which was translated as meaning the date of enactment of Pub. L. 113–55, which enacted par. (3), to reflect the probable intent of Congress. AMENDMENTS 2013—Subsec. (g)(1). Pub. L. 113–55, § 302(a)(1), amend- ed par. (1) generally. Prior to amendment, text read as follows: ‘‘Of the amount appropriated under this chap- ter for fiscal year 2001 and each subsequent fiscal year, the Secretary, subject to paragraph (2), shall reserve a portion for purposes of the operation (and establish- ment, as applicable) of the sanctuary system and for purposes of paragraph (3), except that the Secretary may not for such purposes reserve any further funds from such amount after the aggregate total of the funds so reserved for such fiscal years reaches $30,000,000. The purposes for which funds reserved under the preceding sentence may be expended include the construction and renovation of facilities for the sanc- tuary system.’’ Subsec. (g)(2). Pub. L. 113–55, § 302(a)(4), substituted ‘‘With respect to amounts authorized to be appro- priated by paragraph (1)’’ for ‘‘With respect to amounts reserved under paragraph (1)’’ and ‘‘Secretary in con- sultation with the board of directors’’ for ‘‘board of di- rectors’’. Pub. L. 113–55, § 302(a)(2), (3), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘Funds may not be re- served for a fiscal year under paragraph (1) unless the amount appropriated under this chapter for such year equals or exceeds the amount appropriated under this chapter for fiscal year 1999.’’ Subsec. (g)(3). Pub. L. 113–55, § 302(c), added par. (3). Former par. (3) redesignated (2). Pub. L. 113–55, § 302(a)(3), redesignated par. (3) as (2). 2011—Subsec. (d)(4)(A)(ii). Pub. L. 112–74, § 221(b)(3)(B), substituted ‘‘that is carried out by the Director of NIH, acting through the Office of the Director of NIH,’’ for ‘‘that is carried out by the National Center for Re- search Resources’’. 2007—Subsec. (d)(2)(J). Pub. L. 110–170, § 2(a)(1), struck out at end ‘‘If any chimpanzee is removed from a sanc- tuary facility for purposes of research authorized under paragraph (3)(A)(ii), the chimpanzee shall be returned immediately upon the completion of that research. All costs associated with the removal of the chimpanzee from the facility, with the care of the chimpanzee dur- ing such absence from the facility, and with the return of the chimpanzee to the facility shall be the responsi- bility of the entity that obtains approval under such paragraph regarding use of the chimpanzee and re- moves the chimpanzee from the sanctuary facility.’’ Subsec. (d)(3)(A). Pub. L. 110–170, § 2(a)(2)(A), sub- stituted ‘‘except that the chimpanzee may be used for noninvasive behavioral studies’’ for ‘‘except as provided in clause (i) or (ii), as follows: ‘‘(i) The chimpanzee may be used for noninvasive behavioral studies’’ and struck out cl. (ii) which related to findings nec- essary before a chimpanzee may be used in research. Subsec. (d)(3)(B), (C). Pub. L. 110–170, § 2(a)(2)(B)–(D), redesignated subpar. (C) as (B), substituted ‘‘under sub- paragraph (A)’’ for ‘‘under subparagraphs (A) and (B)’’, and struck out former subpar. (B) which related to ap- proval of research design. Statutory Notes and Related Subsidiaries REPORT TO CONGRESS REGARDING NUMBER OF CHIMPANZEES AND FUNDING FOR CARE OF CHIMPANZEES Pub. L. 106–551, § 3, Dec. 20, 2000, 114 Stat. 2759, re- quired the Secretary of Health and Human Services to submit a report to Congress, not later than 365 days after Dec. 20, 2000, about the chimpanzees that had been used, or bred or purchased for use, in research con- ducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government. § 283n. Shared Instrumentation Grant Program (a) Requirements for grants In determining whether to award a grant to an applicant under the Shared Instrumentation Grant Program, the Director of NIH, acting through the Office of the Director of NIH, shall consider— (1) the extent to which an award for the spe- cific instrument involved would meet the sci- entific needs and enhance the planned re- search endeavors of the major users by pro- viding 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 appro- priate 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 contin- ued support of the utilization and mainte- nance of the instrument; and Page 669 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283q (5) the extent to which the specified instru- ment will be shared and the benefit of the pro- posed instrument to the overall research com- munity to be served. (b) Peer review In awarding grants under the program de- scribed in subsection (a), the Director of NIH, acting through the Office of the Director of NIH, shall comply with the peer review requirements in section 289a of this title. (July 1, 1944, ch. 373, title IV, § 404L, formerly Pub. L. 106–505, title III, § 305, Nov. 13, 2000, 114 Stat. 2335; renumbered July 1, 1944, ch. 373, title IV, § 404L, and amended Pub. L. 112–74, div. F, title II, § 221(b)(4), Dec. 23, 2011, 125 Stat. 1088.) Editorial Notes CODIFICATION Section was formerly set out as a note under section 287 of this title, prior to renumbering by Pub. L. 112–74. AMENDMENTS 2011—Pub. L. 112–74, § 221(b)(4)(B)(iii), substituted ‘‘Di- rector of NIH, acting through the Office of the Director of NIH,’’ for ‘‘Director of the National Center for Re- search Resources’’ in subsecs. (a) and (b). Subsec. (a). Pub. L. 112–74, § 221(b)(4)(B)(ii), sub- stituted ‘‘under the Shared Instrumentation Grant Pro- gram’’ for ‘‘under the program described in subsection (a)’’ in introductory provisions. Pub. L. 112–74, § 221(b)(4)(B)(i), redesignated subsec. (b) as (a) and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: ‘‘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 Direc- tor of the National Center for Research Resources, to provide for the continued operation of the Shared In- strumentation Grant Program (initiated in fiscal year 1992 under the authority of section 287 of this title).’’ Subsec. (b). Pub. L. 112–74, § 221(b)(4)(B)(iv), sub- stituted ‘‘in subsection (a), the’’ for ‘‘in subsection (a)’’ and made technical amendment to reference in original act which appears in text as reference to section 289a of this title. Pub. L. 112–74, § 221(b)(4)(B)(i), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 112–74, § 221(b)(4)(B)(i), redesig- nated subsec. (c) as (b). § 283o. Next generation of researchers (a) Next generation of researchers initiative There shall be established within the Office of the Director of the National Institutes of Health, the Next Generation of Researchers Ini- tiative (referred to in this section as the ‘‘Initia- tive’’), through which the Director shall coordi- nate all policies and programs within the Na- tional Institutes of Health that are focused on promoting and providing opportunities for new researchers and earlier research independence. (b) Activities The Director of the National Institutes of Health, through the Initiative shall— (1) promote policies and programs within the National Institutes of Health that are focused on improving opportunities for new research- ers and promoting earlier research independ- ence, including existing policies and programs, as appropriate; (2) develop, modify, or prioritize policies, as needed, within the National Institutes of Health to promote opportunities for new re- searchers and earlier research independence, such as policies to increase opportunities for new researchers to receive funding, enhance training and mentorship programs for re- searchers, and enhance workforce diversity; (3) coordinate, as appropriate, with relevant agencies, professional and academic associa- tions, academic institutions, and others, to improve and update existing information on the biomedical research workforce in order to inform programs related to the training, re- cruitment, and retention of biomedical re- searchers; and (4) carry out other activities, including eval- uation and oversight of existing programs, as appropriate, to promote the development of the next generation of researchers and earlier research independence. (July 1, 1944, ch. 373, title IV, § 404M, as added Pub. L. 114–255, div. A, title II, § 2021(a), Dec. 13, 2016, 130 Stat. 1051.) § 283p. Population focused research The Director of the National Institutes of Health shall, as appropriate, encourage efforts to improve research related to the health of sex- ual and gender minority populations, including by— (1) facilitating increased participation of sexual and gender minority populations in clinical research supported by the National In- stitutes of Health, and reporting on such par- ticipation, as applicable; (2) facilitating the development of valid and reliable methods for research relevant to sex- ual and gender minority populations; and (3) addressing methodological challenges. (July 1, 1944, ch. 373, title IV, § 404N, as added Pub. L. 114–255, div. A, title II, § 2038(d), Dec. 13, 2016, 130 Stat. 1065.) Statutory Notes and Related Subsidiaries REPORTING Pub. L. 114–255, div. A, title II, § 2038(e), Dec. 13, 2016, 130 Stat. 1065, provided that: ‘‘(1) IN GENERAL.—The Secretary, in collaboration with the Director of the National Institutes of Health, shall as appropriate— ‘‘(A) continue to support research for the develop- ment of appropriate measures related to reporting health information about sexual and gender minority populations; and ‘‘(B) not later than 2 years after the date of enact- ment of this Act [Dec. 13, 2016], disseminate and make public such measures. ‘‘(2) NATIONAL ACADEMY OF MEDICINE RECOMMENDA- TIONS.—In developing the measures described in para- graph (1)(A), the Secretary shall take into account rec- ommendations made by the National Academy of Medi- cine.’’ § 283q. Eureka prize competitions (a) In general Pursuant to the authorities and processes es- tablished under section 3719 of title 15, the Di- rector of the National Institutes of Health shall support prize competitions for one or both of the following goals: