---
kind: "section"
citation: "42 U.S.C. § 283k"
title: "42"
title_heading: "The Public Health and Welfare"
number: "283k"
heading: "Biomedical and behavioral research facilities"
release: "119-102"
url: "https://uscodex.org/usc/42/283k"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III — National Research Institutes"
  - "Part A — National Institutes of Health"
---

# §283k. Biomedical and behavioral research facilities

- (a) **Modernization and construction of facilities—**
  - (1) **In general—** The [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1) or the [Director](/usc/42/5061.md?p=1) of the National Institute of Allergy and Infectious Diseases, may make grants or contracts to public and nonprofit [private entities](/usc/42/12181.md?p=6) to expand, remodel, renovate, or alter existing research [facilities](/usc/42/11049.md?p=4) or construct new research [facilities](/usc/42/11049.md?p=4), 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](/usc/42/6881.md?p=i-3) and the expansion, renovation, remodeling, and alteration of existing [buildings](/usc/42/6881.md?p=i-3), 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 a Scientific and Technical Review [Board](/usc/42/10261.md?p=2) on Biomedical and Behavioral Research [Facilities](/usc/42/11049.md?p=4) (referred to in this section as the “[Board](/usc/42/10261.md?p=2)”).
    - (B) **Requirement—** The [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1), may approve an application for a grant under [subsection (a)](#a) only if the [Board](/usc/42/10261.md?p=2) has under [paragraph (2)](#b-2) recommended the application for approval.
  - (2) **Duties—**
    - (A) **Advice—** The [Board](/usc/42/10261.md?p=2) shall provide advice to the [Director of NIH](/usc/42/281.md?p=g-1) and the [Council](/usc/42/300f.md?p=9) of [Councils](/usc/42/300f.md?p=9) established under [section 282(l)](/usc/42/282.md?p=l) of this title (in this section referred to as the “[Council](/usc/42/300f.md?p=9)”) in carrying out this section.
    - (B) **Determination of merit—** In carrying out [subparagraph (A)](#b-2-A), the [Board](/usc/42/10261.md?p=2) shall make a determination of the merit of each application submitted for a grant under [subsection (a)](#a), after consideration of the requirements established in [subsection (c)](#c), and shall report the results of the determination to the [Director of NIH](/usc/42/281.md?p=g-1) and the [Council](/usc/42/300f.md?p=9). Such determinations shall be conducted in a manner consistent with procedures established under [section 289a of this title](/usc/42/289a.md).
    - (C) **Amount—** In carrying out [subparagraph (A)](#b-2-A), the [Board](/usc/42/10261.md?p=2) shall, in the case of applications recommended for approval, make recommendations to the [Director](/usc/42/5061.md?p=1) and the [Council](/usc/42/300f.md?p=9) on the amount that should be provided under the grant.
    - (D) **Annual report—** In carrying out [subparagraph (A)](#b-2-A), the [Board](/usc/42/10261.md?p=2) shall prepare an annual report for the [Director of NIH](/usc/42/281.md?p=g-1) and the [Council](/usc/42/300f.md?p=9) describing the activities of the [Board](/usc/42/10261.md?p=2) 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)](#a) but that were not approved by the [Director of NIH](/usc/42/281.md?p=g-1); and
      - (iii) contain the recommendations of the [Board](/usc/42/10261.md?p=2) for any changes in the administration of this section.
  - (3) **Membership—**
    - (A) **In general—** Subject to [subparagraph (B)](#b-3-B), the [Board](/usc/42/10261.md?p=2) shall be composed of 15 members to be appointed by the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1), and such ad-hoc or temporary members as the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1), determines to be appropriate. All members of the [Board](/usc/42/10261.md?p=2), including temporary and ad-hoc members, shall be voting members.
    - (B) **Limitation—** Not more than three individuals who are officers or [employees](/usc/42/300gg–91.md?p=d-5) of the Federal Government may serve as members of the [Board](/usc/42/10261.md?p=2).
  - (4) **Certain requirements regarding membership—** In selecting individuals for membership on the [Board](/usc/42/10261.md?p=2), the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1), shall ensure that the members are individuals who, by virtue of their [training](/usc/42/285e–2.md?p=b-2) or experience, are eminently qualified to perform peer review functions. In selecting such individuals for such membership, the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1), shall ensure that the members of the [Board](/usc/42/10261.md?p=2) collectively—
    - (A) are experienced in the planning, [construction](#a-2), 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](/usc/42/11049.md?p=4), including such [facilities](/usc/42/11049.md?p=4) for the dentistry, nursing, pharmacy, and allied health professions;
    - (C) are knowledgeable in evaluating the relative priorities for applications for grants under [subsection (a)](#a) in view of the overall research needs of the [United States](/usc/42/403.md?p=k); and
    - (D) are experienced with emerging centers of excellence, as described in [subsection (c)(2)](#c-2).
  - (5) **Certain authorities—**
    - (A) **Workshops and conferences—** In carrying out [paragraph (2)](#b-2), the [Board](/usc/42/10261.md?p=2) may convene workshops and conferences, and collect data as the [Board](/usc/42/10261.md?p=2) considers appropriate.
    - (B) **Subcommittees—** In carrying out [paragraph (2)](#b-2), the [Board](/usc/42/10261.md?p=2) may establish subcommittees within the [Board](/usc/42/10261.md?p=2). 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)](#b-6-B), each appointed member of the [Board](/usc/42/10261.md?p=2) shall hold [office](/usc/42/3058f.md?p=1) 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](/usc/42/10261.md?p=2) shall serve staggered terms as specified by the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1), when making the appointments.
    - (C) **Reappointment—** No member of the [Board](/usc/42/10261.md?p=2) shall be eligible for reappointment to the [Board](/usc/42/10261.md?p=2) until 1 year has elapsed after the end of the most recent term of the member.
  - (7) **Compensation—** Members of the [Board](/usc/42/10261.md?p=2) who are not officers or [employees](/usc/42/300gg–91.md?p=d-5) of the [United States](/usc/42/403.md?p=k) shall receive for each day the members are engaged in the performance of the functions of the [Board](/usc/42/10261.md?p=2) compensation at the same rate received by members of other national [advisory councils](/usc/42/274l–1.md?p=1) established under this subchapter.
- (c) **Requirements for grants—**
  - (1) **In general—** The [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1) or the National Institute of Allergy and Infectious Diseases, may make a grant under [subsection (a)](#a) only if the applicant for the grant meets the following conditions:
    - (A) The applicant is determined by such [Director](/usc/42/5061.md?p=1) to be competent to engage in the type of research for which the proposed [facility](/usc/42/11049.md?p=4) is to be constructed.
    - (B) The applicant provides assurances satisfactory to the [Director](/usc/42/5061.md?p=1) that—
      - (i) for not less than 20 years after completion of the [construction](#a-2) involved, the [facility](/usc/42/11049.md?p=4) will be used for the purposes of the research for which it is to be constructed;
      - (ii) sufficient [funds](/usc/42/12854.md?p=3) will be available to meet the non-Federal share of the cost of constructing the [facility](/usc/42/11049.md?p=4);
      - (iii) sufficient [funds](/usc/42/12854.md?p=3) will be available, when [construction](#a-2) is completed, for the effective use of the [facility](/usc/42/11049.md?p=4) for the research for which it is being constructed; and
      - (iv) the proposed [construction](#a-2) 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](/usc/42/5061.md?p=1) with respect to—
      - (i) the relative scientific and technical merit of the applications, and the relative effectiveness of the proposed [facilities](/usc/42/11049.md?p=4), 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](/usc/42/285e–2.md?p=b-2), or both, to be carried out in the [facilities](/usc/42/11049.md?p=4) involved;
      - (iii) the congruence of the research activities to be carried out within the [facility](/usc/42/11049.md?p=4) with the research and investigator manpower needs of the [United States](/usc/42/403.md?p=k); and
      - (iv) the age and condition of existing research [facilities](/usc/42/11049.md?p=4).
    - (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 to carry out this section for a fiscal year up to $50,000,000, the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1), shall make available 25 percent of such amount, and from the amount appropriated to carry out this section for a fiscal year that is over $50,000,000, the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1), shall make available up to 25 percent of such amount, for grants under [subsection (a)](#a) to applicants that in addition to meeting the requirements established in [paragraph (1)](#c-1), have demonstrated emerging excellence in biomedical or behavioral research, as follows:
    - (A) The applicant has a plan for research or [training](/usc/42/285e–2.md?p=b-2) advancement and possesses the ability to carry out the plan.
    - (B) The applicant carries out research and research [training](/usc/42/285e–2.md?p=b-2) [programs](/usc/42/274l–1.md?p=4) that have a special relevance to a problem, concern, or unmet health need of the [United States](/usc/42/403.md?p=k).
    - (C) The applicant has been productive in research or research development and [training](/usc/42/285e–2.md?p=b-2).
    - (D) The applicant—
      - (i) has been designated as a center of excellence under [section 293c](/usc/42/293c.md)[^1] of this title;
      - (ii) is located in a [geographic area](/usc/42/11360.md?p=9) whose population includes a significant number of individuals with health status deficit, and the applicant provides health [services](/usc/42/201.md?p=a) to such individuals; or
      - (iii) is located in a [geographic area](/usc/42/11360.md?p=9) in which a deficit in health care technology, [services](/usc/42/201.md?p=a), 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 NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1) or the National Institute of Allergy and Infectious Diseases, may make a grant under [subsection (a)](#a) only if an application for the grant is submitted to the [Director](/usc/42/5061.md?p=1) and the application is in such form, is made in such manner, and contains such [agreements](/usc/42/1320b–8.md?p=a-3-A), assurances, and information as the [Director](/usc/42/5061.md?p=1) 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)](#a) shall be determined by the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1) 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 Institute, 75 percent) of the necessary cost of the [construction](#a-2) of a proposed [facility](/usc/42/11049.md?p=4) as determined by the [Director](/usc/42/5061.md?p=1); or
    - (B) in the case of a multipurpose [facility](/usc/42/11049.md?p=4), 40 percent (or, in the case of the Institute, 75 percent) of that part of the necessary [cost of construction](#a-2) that the [Director](/usc/42/5061.md?p=1) determines to be proportionate to the contemplated use of the [facility](/usc/42/11049.md?p=4).
  - (2) **Reservation of amounts—** On the approval of any application for a grant under [subsection (a)](#a), the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1) 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 reimbursement, and in such installments consistent with the [construction](#a-2) progress, as the [Director](/usc/42/5061.md?p=1) may determine appropriate. The reservation of any amount by the [Director](/usc/42/5061.md?p=1) under this paragraph may be amended by the [Director](/usc/42/5061.md?p=1), either on the approval of an amendment of the application or on the revision of the estimated [cost of construction](#a-2) of the [facility](/usc/42/11049.md?p=4).
  - (3) **Exclusion of certain costs—** In determining the amount of any grant under [subsection (a)](#a), there shall be excluded from the [cost of construction](#a-2) 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](#a-2) that is to be financed in part by a grant authorized under this section; and
    - (B) the amount of any non-Federal [funds](/usc/42/12854.md?p=3) required to be expended as a condition of such other Federal grant.
  - (4) **Waiver of limitations—** The limitations imposed under [paragraph (1)](#e-1) may be waived at the discretion of the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1) or the National Institute of Allergy and Infectious Diseases, for applicants meeting the conditions described in [subsection (c)](#c).
- (f) **Recapture of payments—** If, not later than 20 years after the completion of [construction](#a-2) for which a grant has been awarded under [subsection (a)](#a)—
  - (1) in the case of an award by the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1), the applicant or other [owner](/usc/42/13641.md?p=4) of the [facility](/usc/42/11049.md?p=4) shall cease to be a public or non profit[^3] [private entity](/usc/42/12181.md?p=6); or
  - (2) the [facility](/usc/42/11049.md?p=4) shall cease to be used for the research purposes for which it was constructed (unless the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1) or the National Institute of Allergy and Infectious Diseases, determines, in accordance with [regulations](/usc/42/201.md?p=d), that there is good [cause](/usc/42/9908.md?p=c-2) for releasing the applicant or other [owner](/usc/42/13641.md?p=4) from obligation to do so),

  the [United States](/usc/42/403.md?p=k) shall be entitled to recover from the applicant or other [owner](/usc/42/13641.md?p=4) of the [facility](/usc/42/11049.md?p=4) the amount bearing the same ratio to the current value (as determined by an [agreement](/usc/42/1320b–8.md?p=a-3-A) between the parties or by action brought in the [United States](/usc/42/403.md?p=k) District Court for the district in which such [facility](/usc/42/11049.md?p=4) is situated) of the [facility](/usc/42/11049.md?p=4) as the amount of the Federal participation bore to the cost of the [construction](#a-2) of such [facility](/usc/42/11049.md?p=4).

- (g) **Guidelines—** Not later than 6 months after June 10, 1993, the [Director of NIH](/usc/42/281.md?p=g-1), acting through the [Office](/usc/42/3058f.md?p=1) of the [Director of NIH](/usc/42/281.md?p=g-1), after consultation with the [Council](/usc/42/300f.md?p=9), shall issue guidelines with respect to grants under [subsection (a)](#a).

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original.
[^3]: So in original. Probably should be “nonprofit”.

## Source credit

(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; renumbered § 404I and amended Pub. L. 112–74, div. F, title II, § 221(b)(1), Dec. 23, 2011, 125 Stat. 1087.)

## Notes

### Editorial Notes

### References in Text

Section 293c of this title, referred to in subsec. (c)(2)(D)(i), does not contain provisions relating to designation 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 Allergy 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), substituted “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 Council’)”.

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), substituted “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), substituted “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), substituted “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), substituted “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), substituted “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), substituted “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), substituted “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), 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”.

Subsec. (f)(2). Pub. L. 112–74, § 221(b)(1)(B)(ii), substituted “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), substituted “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 facilities 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 National 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 Center”.

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 Infectious 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), inserted “(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), inserted “(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,” before “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 existing provisions as par. (1), inserted heading, substituted “For the purpose of carrying out this section with respect to the Center,” for “For the purpose of carrying out this section,”, and added par. (2).

2000—Pub. L. 106–505 amended section generally, adding provisions requiring the Director to provide Congress 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— 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; 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; the infrastructure of our research institutions is central to the continued leadership of the United States in medical research; 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; many of the research facilities and laboratories in the United States are outdated and inadequate; 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; 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 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.”