PUBLIC LAW 103-43—JUNE 10, 1993 107 STAT. 177 the Director determines to be proportionate to the contemplated use of the facihty. "(2) RESERVATION OF AMOUNTS.—On approval of any application for a grant under subsection (a), the Director of the Center shall reserve, from any appropriation available therefore, the amount of such grant, and shall pay such amount, in advance or by way of reimbursement, and in such installments consistent with the construction progress, as the Director may determine appropriate. The reservation of the Director of any amount by the Director under this paragraph may be amended by the Director, either on the approval of an amendment of the application or on the revision of the estimated cost of construction of the facility. "(3) EXCLUSION OF CERTAIN COSTS.— In determining the amount of any grant under this subsection (a), there shall be excluded from the cost of construction an amount equal to the sum of— "(A) the amount of any other Federal grant that the applicant has obtained, or is assured of obtaining, with respect to construction that is to be financed in part by a grant authorized under this section; and "(B) the amount of any non-Federal funds required to be expended as a condition of such other Federal grant. "(4) WAIVER OF LIMITATIONS.—The limitations imposed by paragraph (1) may be waived at the discretion of the Director for applicants meeting the conditions described in paragraphs (1) and (2) of subsection (c). "(f) RECAPTURE OF PAYMENTS.—I f, not later than 20 years after the completion of construction for which a grant has been awarded under subsection (a)— "(1) the applicant or other owner of the facility shall cease to be a public or nonprofit private entity; or "(2) the facility shall cease to be used for the research purposes for which it was constructed (unless the Director determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from obligation to do so); the United States shall be entitled to recover from the applicant or other owner of the facility the amount bearing the same ratio to the current value (as determined by an agreement between the parties or by action brought in the United States District Court for the district in which such facility is situated) of the facility as the amount of the Federal participation bore to the cost of the construction of such facility. "(g) GUIDELINES.— Not later than 6 months after the date of the enactment of this section, the Director of the Center, sifter consultation with the Advisory Council, shall issue guidelines with respect to grants under subsection (a). " (h) AUTHORIZATION OF APPROPRLVTIONS. - For the purpose of carrying out this section, there are authorized to be appropriated $150,000,000 for fiscal yegir 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.".
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