Proceedings, Debates of the U.S. Congress
AMENDING THE PUBLIC HEALTH SERVICE ACT
(Senate - November 19, 1999)
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[Pages S15218-S15219] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] AMENDING THE PUBLIC HEALTH SERVICE ACT Ms. COLLINS. Mr. President, I ask unanimous consent that the HELP Committee be discharged from further consideration of S. 1268, and that the Senate proceed to its immediate consideration., The PRESIDING OFFICER. Without objection, it is so ordered, The clerk will report the bill by title. The legislative clerk read as follows: A bill (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. There being no objection, the Senate proceeded to consider the bill. amendment no. 2799 (Purpose: To modify the authorization of appropriations) Ms. COLLINS. Mr. President, Senator Harkin has an amendment at the desk, and I ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report the amendment. The legislative clerk read as follows: The Senator from Maine [Ms. Collins] for Mr. Harkin, proposes an amendment numbered 2799. The amendment is as follows: On page 16, lines 14 and 15, strike ``$250,000,000 for fiscal year 2000, $500,000,000'' and insert ``$250,000,000''. Ms. COLLINS. Mr. President, I ask unanimous consent that the amendment be agreed to. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment (No. 2799) was agreed to. Ms. COLLINS. Mr. President, I ask unanimous consent that the bill be read a third time and passed, as amended, the motion to reconsider be laid upon the table, and that any statements related to the bill be printed in the Record. The PRESIDING OFFICER. Without objection, it is so ordered. The bill (S. 1268), as amended, was read the third time and passed, as follows: S. 1268 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. [[Page S15219]] ``(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 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). ____________________