PART 52b—NATIONAL INSTITUTES OF HEALTH CONSTRUCTION GRANTS Authority: 42 U.S.C. 216, 285a-2, 285a-3, 285b-3, 285b-4, 285d-6, 285i, 285m-3, 285o-4, 287a-2, 287a-3, 300cc-41. Source: 64 FR 63722, Nov. 22, 1999, unless otherwise noted. § 52b.1 To what programs do these regulations apply? (a) General. (b) Specific programs covered. (c) Specific programs excluded. § 52b.2 Definitions. As used in this part: Act et seq. Construction Construction grant Director Federal share HHS, DHHS, Department Institute Modernization NIH Nonprofit Project Secretary § 52b.3 Who is eligible to apply? In order to be eligible for a construction grant under this part, the applicant must: (a) Be a public or private nonprofit agency or institution; (b) Be located in a state, the District of Columbia, Puerto Rico, the Virgin Islands, the Canal Zone, Guam, American Samoa, or the successor states of the Trust Territory of the Pacific Islands (the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau); and (c) Meet any additional eligibility criteria specified in the applicable provisions of the Act. § 52b.4 How to apply. Applications for construction grants under this part shall be made at the times and in the form and manner as the Secretary may prescribe. § 52b.5 How will NIH evaluate applications? (a) In evaluating and approving applications for construction grants under this part, the Director shall take into account, among other pertinent factors, the following: (1) The priority score assigned to the application by an NIH peer review group as described in paragraph (b) of this section; (2) The relevance of the project for which construction is proposed to the objectives and priorities of the particular program authorized by the Act; (3) The scientific merit of the research activities that will be carried out in the proposed facility; (4) The scientific or professional standing or reputation of the applicant and of its existing or proposed officers and research staff; (5) The availability, by affiliation or other association, of other scientific or health personnel and facilities to the extent necessary to carry out effectively the program proposed for the facility, including the adequacy of an acceptable biohazard control and containment program when warranted; (6) The need for the facility and its total effects on similar or related facilities in the locale, and the need for appropriate geographic distribution of similar facilities; and (7) The financial need of the applicant. (b) The priority score of the application shall be based, among other pertinent factors, on the following criteria: (1) The scientific merit of the total program and its component parts to be carried out in the facility; (2) The administrative and leadership capabilities of the applicant's officers and staff; (3) The organization of the applicant's research program and its relationship with the applicant's overall research programs; (4) The anticipated effect of the project on other relevant research programs and facilities in the geographic area, and nationwide; (5) The need for the project or additional space; and (6) The project cost and design. § 52b.6 What is the rate of federal financial participation? (a) Unless otherwise specified by statute, the rate of federal financial participation in a construction project supported by a grant under this part shall not be more than 50 percent of the necessary allowable costs of construction as determined by the Director, except that when the Director finds good cause for waiving this limitation, the amount of the construction grant may be more than 50 percent of the necessary allowable costs of construction. (b) Subject to paragraph (a) of this section, the Director shall set the actual rate of federal financial participation in the necessary allowable costs of construction, taking into consideration the most effective use of available federal funds to further the purposes of the applicable provisions of the Act. § 52b.7 How is the grantee obligated to use the facility? (a) The grantee shall use the facility (or that portion of the facility supported by a grant under this part) for its originally authorized purpose so long as needed for that purpose, or other period prescribed by statute, unless the grantee obtains advance approval from the Director, in the form and manner as the Director may prescribe, to use the facility for another purpose. Use for other purposes shall be limited as prescribed in § 52b.9(c)(2). (b) The Director, in determining whether to approve an alternative use of the facility, shall take into consideration the extent to which: (1) The facility will be used by the grantee or other owner for a purpose described in § 52b.9(c)(2); or (2) There are reasonable assurances that alternative facilities not previously used for NIH supported research will be utilized to carry out the original purpose as prescribed in § 52b.9(c)(1). (c) Sale or transfer. [64 FR 63722, Nov. 22, 1999, as amended at 81 FR 3008, Jan. 20, 2016; 89 FR 80065, Oct. 2, 2024] § 52b.8 How will NIH monitor the use of facilities constructed with federal funds? NIH may monitor the use of each facility constructed with funds awarded under this part to ensure its continued use for the originally authorized research purpose, by means of reviewing periodic facility use certifications or reports, site visits, and other appropriate means. § 52b.9 What is the right of the United States to recover Federal funds when facilities are not used for research or are transferred? (a) If the grantee plans to cease using the facility for the particular biomedical research or training purposes for which it was constructed as required by § 52b.7 (or alternate use authorized under § 52b.7(a) or paragraph (c) of this section), or the grantee decides to sell or transfer title to an entity ineligible for a grant under § 52b.3, the grantee shall request disposition instructions from NIH in the form and manner as the Director may prescribe. Those instructions shall provide for one of the following alternatives: (1) The facility may be sold and the grantee or transferee shall pay to the United States an amount computed by multiplying the federal share of the facility times the proceeds from the sale (after deducting the actual and reasonable selling and fix-up expenses, if any, from the sales proceeds). The sales procedures must provide for competition to the extent practicable, and be designed to provide the highest possible return; (2) The grantee may retain title and shall pay to the United States an amount computed by multiplying the current fair market value of the facility by the federal share of the facility; or (3) The grantee shall transfer the title to either the United States or to an eligible non-federal party approved by the Director. The grantee shall be entitled to be paid an amount computed by multiplying the current fair market value of the facility by the nonfederal share of the facility. (b) The grantee or transferor of a facility which is sold or transferred, or the owner of a facility the use of which has changed, as described in paragraph (a) of this section, shall report that action in writing to the Director not later than 10 days from the date on which the sale, transfer, or change occurs, in the form and manner as the Director may prescribe. (c) In lieu of disposition of a facility pursuant to the provisions of paragraph (a) of this section, the Director may, for good cause, supported by assurances provided by the grantee or transferee, approve one of the following alternatives: (1) Transfer of the remaining usage obligation to facilities of substantially comparable or greater value or utility, to carry out the biomedical research or training purpose for which the grant was awarded. In this event, the remaining usage obligation shall be released from the original facility constructed with grant funds and transferred to the new facility, and the grantee shall remain subject to all other requirements imposed under this part with respect to the new facility; or (2) Use the facility for as long as needed, in order of priority, for one of the following purposes: (i) For other health related activities consistent with the purposes of one or more of the activities of the awarding institute as authorized under title IV or other provisions of the Act; (ii) To provide training and instruction in the health fields for health professionals or health related information programs for the public; or (iii) Other health related purposes consistent with one or more of the purposes authorized under the Act. (d) The right of recovery of the United States set forth in paragraph (a) of this section shall not, prior to judgment, constitute a lien on any facility supported in whole or in part by a federal grant, including a construction grant under this part. (e) Any amount required to be paid to the United States under this section will be paid to the awarding institute for disposition as required by law. (Approved by the Office of Management and Budget under Control Number 0925-0424; expires November 30, 2001) § 52b.10 What are the terms and conditions of awards? In addition to any other requirement imposed by law or determined by the Director to be reasonably necessary to fulfill the purposes of the grant, each construction grant shall be subject to the terms and conditions and the grantee assurances required by this section, supported by such documentation as the Director may reasonably require. The Director may, by general policy or for good cause shown by an applicant, approve exceptions to these terms and conditions or assurances where the Director finds that the exceptions are consistent with the applicable provisions of the Act and the purposes of the particular program: (a) Title. (b) Plans and specifications. (c) Relocation assistance. et seq. (d) Approval of changes in estimated cost. (e) Completion responsibility. (f) Construction schedule inspection. (g) Construction management. (h) Nonfederal share. (i) Funds for operation. (j) Inspection. (k) Accessibility to handicapped persons. (l) Notice of Federal Interest. (m) Title insurance. (n) Physical destruction insurance. (Approved by the Office of Management and Budget under Control Number 0925-0424; expires November 30, 2001) § 52b.11 What are the requirements for acquisition and modernization of existing facilities? Grant awards for the acquisition and modernization of existing facilities are permitted if authorized by the statutes authorizing the construction grant program and shall be subject to the requirements of this section. (a) Minimum standards of construction and equipment. (b) Estimated cost of acquisition and remodeling: suitability of facility. (c) Bona fide sale. (d) Facility previously funded by a federal grant. (Approved by the Office of Management and Budget under Control Number 0925-0424; expires November 30, 2001) § 52b.12 What are the minimum requirements of construction and equipment? (a) General. (b) Incorporation by reference. http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) Design and construction standards. (1) “Guidelines for Design and Construction of Hospital and Health Care Facilities” (1996-97). American Institute of Architects Academy of Architecture for Health (AIA); available from AIA Rizzoli Catalogue Sales, 117 Post Street, San Francisco, CA 94108 (telephone 1-800-522-6657, fax 415-984-0024). (2) 1995 ASHRAE Handbook: Heating, Ventilating, and Air Conditioning Applications (1995), Chapter 13, “Laboratory Systems.” American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc., 1791 Tullie Circle, NE, Atlanta, GA 30329 (telephone 404-636-8400). (3) ICBO “Uniform Building Code,” Volumes 1-3 (1997). International Conference of Building Officials (ICBO), 5360 South Workman Mill Road, Whittier, CA 90601-2298 (telephone 562-699-0541 or 800-284-4406). (4) BOCA National Building Code (1996) 1998 Supplement, Building Officials and Code Administrators International, Inc. (BOCA), 4051 West Fossmoor Road, Country Club Hills, IL 60478-5795 (telephone 708-799-4981; fax 708-799-4981). (5) “Recommended Lateral Force Requirements and Commentary” (1996). Structural Engineers Association of California; available from International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, CA 90601-2298 (telephone 562-699-0541). (6) “Prudent Practices in the Laboratory: Handling and Disposal of Chemicals” (1995). National Research Council; available from National Academy Press, 8700 Spectrum Drive, Landover, MD 20785 (telephone 1-800-624-6242). (7) The following material is available for purchase from the National Fire Protection Association (NFPA), 11 Tracy Drive, Avon, MA 02322-9908 (telephone 617-770-3000 or 1-800-735-0100): (i) NFPA 45, “Standard on Protection for Laboratories Using Chemicals” (1996). (ii) NFPA 70, “National Electric Code” (1996). (iii) NFPA 99, Chapter 4, “Gas and Vacuum Systems” (1996). (iv) NFPA 101, “Life Safety Code” (1997). (v) NFPA “Health Care Facilities Handbook” (1996). (8) NSF Standard No. 49 for Class II (Laminar Flow) Biohazard Cabinetry (1992). National Sanitation Foundation (NSF), 3475 Plymouth Road, Box 1468, Ann Arbor, MI 48106 (telephone 734-769-9010). (9) ACGIH “Industrial Ventilation: A Manual of Recommended Practice” (1998). American Conference of Governmental Industrial Hygienists (ACGIH), 1330 Kemper Meadow Drive, Cincinnati, OH 45240-1634 (telephone 513-742-2020). (10) AIHA “Laboratory Ventilation Workbook” (1994). American Industrial Hygiene Association (AIHA), 2700 Prosperity Avenue, Suite 250, Fairfax, VA 22031 (telephone 703-849-8888). (11) The following material is available for purchase from the Southern Building Code Congress (SBCC), 900 Montclair Road, Birmingham, AL 35213-1206 (telephone 205-591-1853; fax 202-591-0075: (i) SBCC “International Standard Plumbing Code” (1997). (ii) SBCC “Standard Building Code” (1997). [64 FR 63722, Nov. 22, 1999, as amended at 69 FR 18803, Apr. 9, 2004] § 52b.13 Additional conditions. The Director may with respect to any grant award impose additional conditions consistent with the regulations of this part prior to or at the time of any award when in the Director's judgment the conditions are necessary to assure or protect advancement of the approved project, the purposes of the applicable provisions of the Act, or the conservation of grant funds. § 52b.14 Other Federal laws, regulations, Executive orders, and policies that apply. Other federal laws, regulations, executive orders, and policies apply to grants under this part. These include, but are not necessarily limited to: (a) Laws. An Act to Provide for the Preservation of Historical and Archeological Data (and other purposes), as amended (16 U.S.C. 469 et seq. Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151 et seq. Earthquake Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq. Flood Disaster Protection Act of 1973, section 202, as amended (42 U.S.C. 4106). National Historic Preservation Act, section 106, as amended (16 U.S.C. 470f). Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq. (b) Regulations. 2 CFR parts 200 and 300—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 9 CFR part 3—Standards (Animal Welfare). 29 CFR 1910.1450—Occupational exposure to hazardous chemicals in laboratories. 36 CFR part 1190—Minimum guidelines and requirements for accessible design. 41 CFR part 101-19, subpart 101-19.6—Accommodations for the physically handicapped. 41 CFR part 101-19, subpart 101-19.6, Appendix A—Uniform Federal accessibility standards. 42 CFR part 50, subpart A—Responsibility of PHS awardee and applicant institutions for dealing with and reporting possible misconduct in science. 42 CFR part 50, subpart D—Public Health Service grant appeals procedure. 45 CFR part 15—Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 45 CFR part 16—Procedures of the Departmental Grant Appeals Board. 45 CFR part 46—Protection of human subjects. 45 CFR part 76—Governmentwide debarment and suspension (nonprocurement) and governmentwide requirements for drug-free workplace (grants). 45 CFR part 80—Nondiscrimination under programs receiving Federal assistance through the Department of Health and Human Services—effectuation of title VI of the Civil Rights Act of 1964. 45 CFR part 81—Practice and procedure for hearings under part 80 of this chapter. 45 CFR part 84—Nondiscrimination on the basis of handicap in programs and activities receiving Federal financial assistance. 45 CFR part 86—Nondiscrimination on the basis of sex in education programs and activities receiving or benefitting from Federal financial assistance. 45 CFR part 91—Nondiscrimination on the basis of age in HHS programs or activities receiving Federal financial assistance. 45 CFR part 93—New restrictions on lobbying. 49 CFR part 24—Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. (c) Executive orders. Executive Order 11988, Floodplain Management (May 24, 1977)(3 CFR, 1977 Comp., p. 117). Executive Order 11990, Protection of Wetlands (May 24, 1977)(3 CFR, 1977 Comp., p. 121). Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction (January 5, 1990)(3 CFR, 1990 Comp., p. 269). (d) Policies. Note: http://des.od.nih/gov/nihpol.html (2) NIH Guidelines on the Inclusion of Women and Minorities as Subjects in Clinical Research (1994) ( Note: (3) NIH Guidelines for Research Involving Recombinant DNA Molecules (1994) ( Note: (4) “NIH Grants Policy Statement.” NIH Pub. No. 99-80 (Oct. 1998) (Note: To obtain copies of the policy, interested persons should contact the Extramural Outreach and Information Resources Office (EOIRO), Office of Extramural Research, NIH, 6701 Rockledge Drive, Room 6208, MSC 7910, Bethesda, MD 20892-7910 (telephone 301-435-0714; not a toll-free number). Information may also be obtained by contacting the EOIRO via its e-mail address ( [email protected] http://www.nih.gov (5) “Guide for the Care and Use of Laboratory Animals (1996). Institute of Laboratory Animal Resources, Commission on Life Sciences, National Research Council ( Note: (6) “Public Health Service Policy on Humane Care and Use of Laboratory Animals.” (Rev. Sept. 1986). Office for Protection from Research Risks, NIH (Note: To obtain copies of the policy, interested persons should contact the Office for Protection from Research Risks, NIH, 6100 Executive Boulevard, Suite 3B01, MSC 7507, Rockville, MD 20852-7507 (telephone 301-496-7005; not a toll-free number).). (7) “Biosafety in Microbiological and Biomedical Laboratories.” DHHS Publication No. (CDC) 88-8395 (1993). Centers for Disease Control and Prevention (CDC) ( Note: (8) “NIH Guidelines for the Laboratory Use of Chemical Carcinogens,” DHHS Publication No. (NIH) 81-2385 (May 1981) ( Note: (9) “NIH Policy and Guidelines on the Inclusion of Children as Participants in Research Involving Human Subjects (March 6, 1998).” NIH Guide for Grants and Contracts ( Note: http://www.nih.gov [64 FR 63722, Nov. 22, 1999, as amended at 81 FR 3008, Jan. 20, 2016; 89 FR 80065, Oct. 2, 2024]