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).

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