‘‘(II) The membership of the
committee includes representatives of
the State legislature and the office of
the Governor.
‘‘(III) The membership of the
committee shall serve staggered 4
year terms.
‘‘(E) EPSCOR STATE FISCAL AGENT.—The
term ‘EPSCoR State fiscal agent’ means a fis-
cal intermediary that has been approved by an
NIH EPSCoR committee for a State, and that
acts on behalf of such committee by submitting
applications to the Federal Government for
awards of grants, cooperative agreements, and
contracts, and by disbursing amounts from such
awards.
‘‘(b) TECHNICAL ASSISTANCE; RESEARCH PLANS.—
The Director of NIH may under subsection (a) enhance
the competitiveness of eligible institutions through (di-
rectly or by grant or contract)—
‘‘(1) providing technical assistance to such in-
stitutions, including technical assistance in the prep-
aration of applications for obtaining funds from the
national research institutes;
‘‘(2) assisting the institutions in developing a
plan for biomedical or behavioral research proposals;
and
‘‘(3) assisting the institutions in implementing
such plan.
‘‘(c) FORMULA GRANTS FOR INCREASING INSTITU-
TIONAL CAPACITY.—
‘‘(1) IN
GENERAL.—In the case of each
EPSCoR State fiscal agent that in accordance with
paragraph (3) submits to the Director of NIH an
application for a fiscal year, the Director shall under
subsection (a) make an award of a grant or coopera-
tive agreement for the fiscal year to such agent for
disbursement to eligible institutions in such State to
carry out the purposes described in paragraph (2)
(subject to amounts being appropriated under sub-
section (e) for the fiscal year). The grant shall con-
sist of the allotment determined for the State under
paragraph (4).
‘‘(2) AUTHORIZED EXPENDITURES.—The pur-
poses referred to in paragraph (1) with respect to an
EPSCoR State are as follows:
‘‘(A) Improving the capacity of eligible in-
stitutions in the State to conduct biomedical
and behavioral research through providing for
faculty-related enhancement and development
programs (or other programs regarding profes-
sional staff); student programs; training pro-
grams; obtaining equipment, including instru-
mentation; obtaining facilities, including the
construction or renovation of facilities; estab-
lishing collaborative professional relationships
with other public or private research entities;
and other programs or activities determined by
the Director of NIH to be appropriate.
‘‘(B) Carrying out projects that will have
significant short-term impact with respect to
improving the capacity of the institutions to
conduct biomedical and behavioral research.
‘‘(3) APPLICATION FOR GRANT; CERTAIN RE-
QUIREMENTS.—An application under paragraph (1)
for an award for a fiscal year regarding an EPSCoR
State is in accordance with this paragraph if the fol-
lowing conditions are met:
‘‘(A) The application identifies the specific
needs of eligible institutions in the EPSCoR
State with respect to the purposes described in
subparagraphs (A) and (B) of paragraph (2),
including identifying the categories of research
that are to receive priority.
‘‘(B) The application contains a plan for
obtaining public or private funds (other than
from awards under paragraph (1)) to continue
in effect the improvements to be made with re-
spect to such institutions pursuant to the
award.
‘‘(C) The EPSCoR State fiscal agent
agrees that, not later than 60 days after the
end of the fiscal year, the agent will submit to
the Director of NIH a report describing the
purposes for which the award was obligated or
expended.
‘‘(D) The application meets such additional
requirements as the Director of NIH may es-
tablish, except that the Director may not re-
quire that non-Federal contributions be pro-
vided as a condition of receiving the award.
‘‘(E) The NIH EPSCoR committee for the
State has approved the application as ade-
quately meeting the conditions described in sub-
paragraphs (A) through (D).
‘‘(4) AMOUNT
OF
AWARD.—For purposes of
paragraph (1), an allotment for an EPSCoR State
for a fiscal year is determined in accordance with
this paragraph if the allotment is the quotient of—
‘‘(A) the amount appropriated under sub-
section (e) and available for awards under para-
graph (1); divided by
‘‘(B) the number of EPSCoR States for
which applications for awards under paragraph
(1) for the fiscal year are submitted in accord-
ance with paragraph (3).
‘‘(d) EPSCOR COFUNDING PROGRAM.—
‘‘(1) IN GENERAL.—The Director of NIH shall
under subsection (a) make awards of grants to eligi-
ble institutions for the purpose of carrying out
projects of research within categories identified
under subsection (c)(3)(A) as priorities for the eligi-
ble institutions involved.
‘‘(2) COFUNDING.—
‘‘(A) IN GENERAL.—The Director of NIH
may make an award under paragraph (1) only
if, in addition to such award, the project in-
volved will receive funding from one or more
other programs that are carried out by any of
the national research institutes (which other
programs are in this subsection referred to as
‘Coprograms’).
‘‘(B) ALLOCATION BETWEEN PROGRAMS.—
Of the total amount made available for a
project of an eligible institution pursuant to an
award under paragraph (1) and awards under
the Coprograms involved, not more than 50
percent may be provided in the award under
paragraph (1).
‘‘(3) PRIORITIES.—In making awards under
paragraph (1), the Director of NIH shall give pri-
ority to the following projects:
‘‘(A) Projects whose principal researchers
will be individuals who have not previously
served as principal researchers of projects sup-
ported by any of the national research insti-
tutes.
‘‘(B) With respect to the process for peer
review of applications for awards, projects
whose applications under Coprograms were ap-
proved in such process but whose rankings pre-
cluded the provision of awards.
‘‘(C) Projects that involve multiple areas of
research, each of which areas has, at the eligi-
ble institution involved, received funding under
this section.
‘‘(4) CERTAIN
REQUIREMENTS.—An award
under paragraph (1) may be made only if the appli-
cation for the award meets the following require-
ments:
‘‘(A) The application identifies the specific
activities to be carried out with respect to the
purpose described in paragraph (1).
‘‘(B) The application meets such additional
requirements as the Director of NIH may es-
tablish.
‘‘(C) The NIH EPSCoR committee for the
State has approved the application as meeting
the requirements under this paragraph, and as
being consistent with the strategy adopted by
the State with respect to the purpose described
in subsection (a)(1).
‘‘(e) FUNDING.—
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.—
For the purpose of carrying out this section, there
is authorized to be appropriated $200,000,000 for
fiscal year 2002, and such sums as may be nec-
essary for each of the fiscal years 2003 through
2006.
‘‘(2) ALLOCATION REGARDING TECHNICAL AS-
SISTANCE AND RESEARCH PLANS.—Of the amounts
appropriated under paragraph (1) for a fiscal year,
the Director of NIH shall reserve not to exceed 10
percent for carrying out subsection (b).
‘‘(3) 
ALLOCATION
REGARDING
FORMULA
GRANTS FOR INCREASING INSTITUTIONAL CAPACITY;
ALLOCATION REGARDING COFUNDING PROGRAM.—Of
the amounts appropriated under paragraph (1) for
a fiscal year and available after compliance with
paragraph (2), the Director of NIH shall reserve—
‘‘(A) with respect to fiscal year 2002—
‘‘(i) 80 percent of such amounts for
awards under subsection (c); and
‘‘(ii) 20 percent of such amounts for
awards under subsection (d)(1);
‘‘(B) with respect to fiscal year 2003—
‘‘(i) 70 percent of such amounts for
awards under subsection (c); and
‘‘(ii) 30 percent of such amounts for
awards under subsection (d)(1);
‘‘(C) with respect to fiscal year 2004—
‘‘(i) 60 percent of such amounts for
awards under subsection (c); and
‘‘(ii) 40 percent of such amounts for
awards under subsection (d)(1); and
‘‘(D) with respect to each of fiscal years
2005 and 2006—
‘‘(i) 50 percent of such amounts for
awards under subsection (c); and
‘‘(ii) 50 percent of such amounts for
awards under subsection (d)(1).
‘‘(4) ADDITIONAL
FUNDING
FOR
COFUNDING
PROGRAM.—In addition to amounts reserved under
paragraph (3) for making awards under subsections
(c) and (d)(1), the Director of NIH shall reserve for
making such awards all savings in the indirect costs
of projects of research supported by the national re-
search institutes that are achieved as a result of car-
rying out projects in EPSCoR States rather than in
other States. Such savings shall be calculated based
on the previous 5 year average of the actual
amounts paid to each State in indirect costs. Such
additional funding from indirect cost savings shall be
allocated in a manner consistent with paragraph (3).
‘‘(f) REPORTS.—
‘‘(1) TO THE STATE.—The NIH EPSCoR com-
mittee of a State shall annually submit to the State
a report on the activities carried out under this sec-
tion in the State.
‘‘(2) TO NIH.—The State shall forward a copy
of each report received under paragraph (1) to the
Director of NIH.’’.
Æ