124 STAT. 984 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(4) SUSPENSION OF AWARDS FOR DEFAULTS, NONCOMPLI- ANCE WITH PROVISIONS AND PLANS, AND DIVERSION OF FUNDS; REPAYMENT OF FUNDS.—The Director of NIH may suspend the award to any entity upon noncompliance by such entity with provisions and plans under this section or diversion of funds. ‘‘(5) AUDITS.—The Director of NIH may enter into agree- ments with other entities to conduct periodic audits of the projects funded by grants or contracts awarded under this subsection. ‘‘(6) CLOSEOUT PROCEDURES.—At the end of a grant or contract period, a recipient shall follow the closeout procedures under section 74.71 of title 45, Code of Federal Regulations (or any successor regulation). ‘‘(7) REVIEW.—A determination by the Director of NIH as to whether a drug, device, or biological product is a high need cure (for purposes of subsection (a)(3)) shall not be subject to judicial review. ‘‘(f) COMPETITIVE BASIS OF AWARDS.—Any grant, cooperative agreement, or contract awarded under this section shall be awarded on a competitive basis. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—For purposes of carrying out this section, there are authorized to be appropriated $500,000,000 for fiscal year 2010, and such sums as may be necessary for subsequent fiscal years. Funds appropriated under this section shall be available until expended. ‘‘(2) LIMITATION ON USE OF FUNDS OTHERWISE APPRO- PRIATED.—No funds appropriated under this Act, other than funds appropriated under paragraph (1), may be allocated to the Cures Acceleration Network.’’. SEC. 10410. CENTERS OF EXCELLENCE FOR DEPRESSION. (a) SHORT TITLE.—This section may be cited as the ‘‘Estab- lishing a Network of Health-Advancing National Centers of Excel- lence for Depression Act of 2009’’ or the ‘‘ENHANCED Act of 2009’’. (b) CENTERS OF EXCELLENCE FOR DEPRESSION.—Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by inserting after section 520A the following: ‘‘SEC. 520B. NATIONAL CENTERS OF EXCELLENCE FOR DEPRESSION. ‘‘(a) DEPRESSIVE DISORDER DEFINED.—In this section, the term ‘depressive disorder’ means a mental or brain disorder relating to depression, including major depression, bipolar disorder, and related mood disorders. ‘‘(b) GRANT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Administrator, shall award grants on a competitive basis to eligible entities to establish national centers of excellence for depression (referred to in this section as ‘Centers’), which shall engage in activities related to the treatment of depressive dis- orders. ‘‘(2) ALLOCATION OF AWARDS.—If the funds authorized under subsection (f) are appropriated in the amounts provided for under such subsection, the Secretary shall allocate such amounts so that— Deadlines. 42 USC 290bb–33. Establishing a Network of Health- Advancing National Centers of Excellence for Depression Act of 2009. 42 USC 201 note.
