PUBLIC LAW 106-505—NOV. 13, 2000 114 STAT. 2333 received by members of other national advisory councils established under this title. "(c) REQUIREMENTS FOR GRANTS. — "(1) IN GENERAL.— The Director of the Center may make a grant under subsection (a) only if the applicant for the grant meets the following conditions: "(A) The applicant is determined by such Director to be competent to engage in the type of research for which the proposed facility is to be constructed. "(B) The applicant provides assurances satisfactory to the Director that— "(i) for not less than 20 years after completion of the construction involved, the facility will be used for the purposes of the research for which it is to be constructed; "(ii) sufficient funds will be available to meet the non-Federal share of the cost of constructing the facility; "(iii) sufficient funds will be available, when construction is completed, for the effective use of the facility for the research for which it is being constructed; and "(iv) the proposed construction 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 with respect to— "(i) the relative scientific and technical merit of the applications, and the relative effectiveness of the proposed facilities, 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, or both, to be carried out in the facilities involved; "(iii) the congruence of the research activities to be carried out within the facility with the research and investigator manpower needs of the United States; and "(iv) the age and condition of existing research facilities. "(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 under subsection (i) for a fiscal year up to $50,000,000, the Director of the Center shall make available 25 percent of such amount, and from the amount appropriated under such subsection for a fiscal year that is over $50,000,000, the Director of the Center shall make available up to 25 percent of such amount, for grants under subsection (a) to applicants that in addition to meeting the requirements established in paragraph (1), have demonstrated emerging excellence in biomedical or behavioral research, as follows: "(A) The applicant has a plan for research or training advancement and possesses the ability to carry out the plan.
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