Page:United States Statutes at Large Volume 103 Part 2.djvu/682

 103 STAT. 1692 PUBLIC LAW 101-190—NOV. 29, 1989 entity that has entered into a contract with the Secretary to assume the obligation. (2) TRANSFER PRIOR TO COMPLETION OF CONSTRUCTION.—I f, for purposes of paragraph (1), a transfer or conveyance is proposed ^' to be made before the completion of the construction of facilities pursuant to section 1, the Secretary may not authorize the .^-,r transfer or conveyance unless the agreement involved provides that the transferee or purchaser will assume all remaining responsibilities under any agreements made pursuant to this ' Act by the contractor under such section and the Federal Government. ,.fc^ ^.. (3) TERMINATION OF OBLIGATION. —I f, for purposes of para- '^ ,', ^ graphs (1) and (2), a transfer or conveyance is made in accord- ^ ance with such paragraphs, the obligation pursuant to subsection (a), and all other responsibilities pursuant to this Act, of the transferor involved shall terminate. (c) REQUIREMENT OF STATUS AS PUBLIC OR NONPROFIT PRIVATE ENTITY.— The Secretary may not enter into any agreement under subsection (a) or (b) unless the agreement provides that the obliga- ^ tion involved includes the requirement that the obligation may be satisfied only by a public or nonprofit private entity. (d) ASSURANCES OF SUFFICIENT FINANCIAL RESOURCES. — (1) ORIGINAL CONTRACTOR.— The Secretary may not enter into a contract under section 1 unless the applicant for the contract provides assurances satisfactory to the Secretary that, through- out the 20-year period described in subsection (a), the applicant will have access to financial resources sufficient to comply with ,i. ^ the agreement under such subsection. (2) TRANSFEREES AND PURCHASERS. — The Secretary may not approve a transfer or conveyance under subsection (b) unless the transferee or purchgiser provides assurances satisfactory to the Secretary that, throughout the remaining portion of the 20- year period described in subsection (a), the transferee or pur- chaser will have access to financial resources sufficient to comply with its obligation pursuant to such subsection. 42 USC 289e SEC. 3. REQUIREMENT OF MATCHING FUNDS. (a) IN GENERAL.— The Secretary may not enter into a contract under section 1 unless the applicant for the contract agrees, with respect to the costs to be incurred by the applicant in carrying out the purpose described in such section, to make available (directly or through donations from public or private entities) contributions toward such costs in an amount equal to $1 for each $3 of Federal funds provided pursuant to the contract under section 1. (b) DETERMINATION OF AMOUNT OF CONTRIBUTION.— Contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including existing plant and equipment or services throughout the 20-year period described in section 2(a)(1) (and including such specialized strains of mice as the Secretary may request for purposes of biomedical research). Amounts provided by any agency of the . Federal Government other than the Department of Health and Human Services, and services assisted or subsidized by any such agency, shall be included in the amount of such contributions. 42 USC 289e SEC. 1. ADDITIONAL REQUIREMENTS. (a) SUBMISSION AND APPROVAL OF CONSTRUCTION PLAN. —

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