Page:United States Statutes at Large Volume 103 Part 2.djvu/683

 PUBLIC LAW 101-190—NOV. 29, 1989 103 STAT. 1693 (1) IN GENERAL.—The Secretary may not enter into a contract under section 1 unless the applicant for the contract submits to the Secretary a plan for the construction of facilities pursuant to such section and unless the Secretary approves the plan. The Secretary may not approve such a plan unless the plan has been recommended, for approval by the panel convened under para- graph (2)(A). (2) EXPERT PANEL FOR ADVISING SECRETARY WITH RESPECT TO PLAN.— (A) The Secretary shall convene a panel of appropriately qualified individuals for the purpose of providing architec- tural, financial, and scientific advice to the Secretary regarding appropriate standards and specifications for the construction, financing, and use of facilities pursuant to section 1. The panel may not approve a plan submitted under paragraph (1) unless the panel determines that amounts provided in the contract under section 1 will not, during the twenty-year period described in section 2(a), be expended to increase significantly, relative to April 1989, the sale of mice other than mutant and inbred strains of mice necessary for the conduct of biomedical research. (B) Members of the panel convened under paragraph (1) who are officers or employees of the United States may not receive compensation for service on the panel in addition to the compensation otherwise received for duties carried out as such officers or employees. Other members of such panel shall receive compensation for each day (including travel- time) engaged in carrying out the duties of the panel. Such compensation may not be in an amount in excess of the maximum rate of basic pay payable for GS-18 of the Gen- eral Schedule. (b) SITE OF CONSTRUCTION. — The Secretary may not enter into a contract under section 1 unless— (1) the applicant for the contract provides to the Secretary a description of the site for the construction of facilities pursuant to such section; and (2) the Secretary determines that title to the site is vested in the applicant or that the applicant has a sufficient possessory interest in such site for the twenty-year period described in section 2(a). (c) REQUIREMENT OF APPLICATION. —The Secretary may not enter into a contract under section 1 unless— (1) an application for the contract is submitted to the Sec- retary; (2) the application contains the agreements required in this Act and provides assurances of compliance satisfactory to the Secretary; and (3) the application otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this Act. SEC. 5. FAILURE TO COMPLY WITH AGREEMENTS. 42 USC 289e (a) REPAYMENT OF PAYMENTS. — "° (1) IN GENERAL.—The Secretary may, subject to subsection (c), require the contractor under section 1 to repay any payments received under such section by the contractor that the Secretary

�