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42 U.S.C. § 1862b — Establishment of Program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; purpose**
(1) To carry out sections 1862a to 1862d of this title, the Director shall establish and carry out a new Academic Research Facilities Modernization Program (hereafter in sections 1862a to 1862d of this title referred to as the “Program”), under which awards are made to institutions of higher education, independent nonprofit research institutions, and research museums, and consortia thereof, for the repair, renovation, or, in exceptional cases, replacement of obsolete science and engineering facilities primarily devoted to research.
(2) Such awards shall, consistent with the functions of the Foundation set forth in [section 1862 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1862&num=0&edition=prelim) and through established Foundation selection procedures, serve to—
(A) promote the modernization of graduate academic science and engineering research laboratories and related facilities so as to facilitate and support research in the scientific and engineering disciplines;
(B) assist those academic institutions that historically have received relatively little Federal research and development funds to improve their academic science and engineering infrastructures and broaden and strengthen the Nation’s science and engineering base; and
(C) promote the modernization of undergraduate academic science and engineering research laboratories and related facilities so as to facilitate and support research in the scientific and engineering disciplines.
**(b) Improvement projects; maximum amounts**
(1) The Program shall be carried out through projects which involve the repair, renovation, or, in exceptional cases, replacement of specific science and engineering facilities devoted primarily to re
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Source location: Title 42, Chapter 16, § 1862b; chapter-016-national-science-foundation.md
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**(a) Establishment; purpose**
(1) To carry out sections 1862a to 1862d of this title, the Director shall establish and carry out a new Academic Research Facilities Modernization Program (hereafter in sections 1862a to 1862d of this title referred to as the “Program”), under which awards are made to institutions of higher education, independent nonprofit research institutions, and research museums, and consortia thereof, for the repair, renovation, or, in exceptional cases, replacement of obsolete science and engineering facilities primarily devoted to research.
(2) Such awards shall, consistent with the functions of the Foundation set forth in [section 1862 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1862&num=0&edition=prelim) and through established Foundation selection procedures, serve to—
(A) promote the modernization of graduate academic science and engineering research laboratories and related facilities so as to facilitate and support research in the scientific and engineering disciplines;
(B) assist those academic institutions that historically have received relatively little Federal research and development funds to improve their academic science and engineering infrastructures and broaden and strengthen the Nation’s science and engineering base; and
(C) promote the modernization of undergraduate academic science and engineering research laboratories and related facilities so as to facilitate and support research in the scientific and engineering disciplines.
**(b) Improvement projects; maximum amounts**
(1) The Program shall be carried out through projects which involve the repair, renovation, or, in exceptional cases, replacement of specific science and engineering facilities devoted primarily to research at eligible institutions, or consortia thereof, and for which funds are awarded in response to specific proposals submitted by such eligible institutions or consortia in accordance with procedures prescribed by the Director pursuant to [section 1862c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1862c&num=0&edition=prelim).
(2) Awards made under the Program shall not exceed $7,000,000 to any institution or consortium over any period of 5 years for the repair, renovation, or, in exceptional cases, replacement of academic research facilities.
(3) The Director shall, in making awards under the Program, consider the extent to which that institution or consortium has received funds for the repair, renovation, construction, or replacement of academic facilities from any other Federal funding source within the 5-year period immediately preceding the application. The Director shall give priority to institutions or consortia that have not received such funds in the preceding 5 years.
(4) The Director shall, in awarding funds under sections 1862a to 1862d of this title, consider the distribution of funds among institutions of different sizes and geographical locations.
**(c) Criteria for award of funds** Criteria for the award of funds to any institution for a project under the Program shall include—
(1) the quality of the research and training to be carried out in the facility or facilities involved;
(2) the need for the proposed repair, renovation, or, in exceptional cases, replacement based on an analysis of the age and condition of existing research facilities and equipment;
(3) the congruence of the institution’s research and training activities with the future research needs of the Nation and the research mission of the Foundation;
(4) the contribution that the project will make toward meeting national, regional, and institutional research and related training needs;
(5) in the case of an institution that historically has received relatively little Federal research and development funding, the contribution the proposed project will make to improving the institution’s academic scientific and engineering infrastructure and broadening the Nation’s science and engineering base; and
(6) the impact of the award on the overall geographic distribution of awards made under the Program, with the objective of avoiding undue concentration of awards.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures**
(1) The Director shall, consistent with the objectives of the Program and the criteria set forth in [section 1862b(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1862b/c&num=0&edition=prelim), set forth procedures for the Program.
(2) The procedures so prescribed shall contain such terms, conditions, and guidelines as may be necessary in the light of Program objectives, but shall in any event provide that—
(A) funds to carry out the Program will be awarded only on the basis of merit after a comprehensive review using established Foundation procedures;
(B) the membership of merit review panels that assess proposals will be broadly representative of eligible institutions, including research universities and predominantly undergraduate and minority institutions;
(C) the institution receiving an award shall provide at least 50 percent of the cost, in cash or in kind, fairly evaluated, of the repair, renovation, or replacement involved and shall provide this contribution from private or non-Federal public sources, except that the Director may accept a match of less than 50 percent, but at least 30 percent, for institutions which are not ranked among the top 100 of the institutions receiving Federal research and development funding, as documented in the latest annual report of the Foundation entitled “Federal Support to Universities, Colleges, and Selected Nonprofit Institutions”; and
(D) to the extent practicable, eligible institutions of a given type will compete against similar institutions for Program awards.
**(b) Comprehensive planning activities** The Director shall conduct comprehensive planning activities, including surveys of research facility needs and other information-gathering activ
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Initiation and support of studies and programs; scholarships; current register of scientific and engineering personnel** The Foundation is authorized and directed—
(1) to initiate and support basic scientific research and programs to strengthen scientific research potential and science education programs at all levels in the mathematical, physical, medical, biological, social, and other sciences, and to initiate and support research fundamental to the engineering process and programs to strengthen engineering research potential and engineering education programs at all levels in the various fields of engineering, by making contracts or other arrangements (including grants, loans, and other forms of assistance) to support such scientific, engineering, and educational activities and to appraise the impact of research upon industrial development and upon the general welfare;
(2) to award, as provided in [section 1869 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1869&num=0&edition=prelim), scholarships and graduate fellowships for study and research in the sciences or in engineering;
(3) to foster the interchange of scientific and engineering information among scientists and engineers in the United States and foreign countries;
(4) to foster and support the development and use of computer and other scientific and engineering methods and technologies, primarily for research and education in the sciences and engineering;
(5) to evaluate the status and needs of the various sciences and fields of engineering as evidenced by programs, projects, and studies undertaken by agencies of the Federal Government, by individuals, and by public and private research groups, employing by grant or contract such consulting services as i
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Federal law — U.S. Code and appendices · legal_authorities
Page 5086
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1862b
II of Pub. L. 100–570, Oct. 31, 1988, 102 Stat. 2873, known
as the Academic Research Facilities Modernization Act
of 1988, which enacted sections 1862a to 1862d of this
title, repealed former sections 1862a and 1862b of this
title, and repealed provisions set out as a note under
section 1861 of this title. For complete classification of
this Act to the Code, see Short Title of 1988 Amend-
ments note set out under section 1861 of this title and
Tables.
CODIFICATION
Section was enacted as part of the Academic Re-
search Facilities Modernization Act of 1988, and also as
part of the National Science Foundation Authorization
Act of 1988, and not as part of the National Science
Foundation Act of 1950 which comprises this chapter.
PRIOR PROVISIONS
A prior section 1862a, Pub. L. 100–418, title VI, § 6402,
Aug. 23, 1988, 102 Stat. 1542, related to establishment of
National Science Foundation Academic Research Fa-
cilities Modernization Program, prior to repeal by Pub.
L. 100–570, § 206.
§ 1862b. Establishment of Program
(a) Establishment; purpose
(1) To carry out sections 1862a to 1862d of this
title, the Director shall establish and carry out
a new Academic Research Facilities Moderniza-
tion Program (hereafter in sections 1862a to
1862d of this title referred to as the ‘‘Program’’),
under which awards are made to institutions of
higher education, independent nonprofit re-
search institutions, and research museums, and
consortia thereof, for the repair, renovation, or,
in exceptional cases, replacement of obsolete
science and engineering facilities primarily de-
voted to research.
(2) Such awards shall, consistent with the
functions of the Foundation set forth in section
1862 of this title
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