42 U.S.C. § 1862c — Procedures, guidelines, and planning ac-

Page 5087 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862c instrumentation program and, not later than 1 year after Dec. 19, 2002, submit a report, including specified estimates, descriptions and analyses, of findings and recommendations to certain Congressional committees, and also required the Director to enter into an arrange- ment with the National Academy of Sciences to assess the need for an interagency program to establish and support fully equipped, state-of-the-art university- based centers for interdisciplinary research and ad- vanced instrumentation development, and not later than 15 months after Dec. 19, 2002, to transmit to the committees the assessment conducted by the National Academy of Sciences together with the Foundation’s reaction to the assessment. § 1862c. Procedures, guidelines, and planning ac- tivities (a) Procedures (1) The Director shall, consistent with the ob- jectives of the Program and the criteria set forth in section 1862b(c) of this title, 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 Foun- dation procedures; (B) the membership of merit review panels that assess proposals will be broadly rep- resentative of eligible institutions, including research universities and predominantly un- dergraduate 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, ren- ovation, or replacement involved and shall provide this contribution from private or non- Federal public sources, except that the Direc- tor may accept a match of less than 50 per- cent, but at least 30 percent, for institutions which are not ranked among the top 100 of the institutions receiving Federal research and de- velopment funding, as documented in the lat- est annual report of the Foundation entitled ‘‘Federal Support to Universities, Colleges, and Selected Nonprofit Institutions’’; and (D) to the extent practicable, eligible insti- tutions 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 re- search facility needs and other information- gathering activities, necessary to implement the Program and to develop the procedures called for under subsection (a) of this section. (c) Guidelines Prior to the issuance of the comprehensive plan required by subsection (d) of this section, and consistent with the Program criteria set forth in section 1862b(c) of this title, the Direc- tor shall publish in the Federal Register pro- posed Program guidelines for public review for a comment period of 30 days. Such guidelines shall provide detailed information on eligibility, cri- teria, terms, and conditions and shall include, but not be limited to— (1) definitions for the terms ‘‘institutions of higher education’’, ‘‘private non-profit re- search organizations’’, ‘‘research museums’’, ‘‘consortia’’, ‘‘facilities’’, ‘‘facilities primarily devoted to research’’, ‘‘instrumentation’’, ‘‘equipment’’, ‘‘repair’’, ‘‘renovation’’, and ‘‘re- placement’’; (2) selection criteria to be used by the Foun- dation in evaluating proposals from institu- tions and consortia thereof, including criteria for evaluating scientific merit and for evalu- ating the age and condition of existing re- search facilities; and (3) requirements for matching a Program award with contributions from non-Federal sources. (d) Comprehensive plan The Director, after gathering appropriate in- formation and after considering comments on the proposed Program guidelines published in the Federal Register pursuant to subsection (c) of this section, shall develop a comprehensive plan for the Program that— (1) defines the appropriate roles and respon- sibilities of the Federal Government, institu- tions of higher education, State governments, private foundations, and other appropriate or- ganizations; (2) states what procedures will be used to en- sure that predominantly undergraduate insti- tutions and colleges and universities that his- torically have received little Federal research and development funding will receive substan- tial percentages of the funds awarded under sections 1862a to 1862d of this title; (3) states the estimated percentage of Pro- gram funds available for each category of eli- gible institutions, including predominantly undergraduate institutions and colleges and universities that historically have received little Federal research and development fund- ing as well as research universities; and (4) evaluates and addresses, to the maximum extent possible, a variety of factors which in- clude— (A) the unique circumstances and research facilities needs of research universities, un- dergraduate institutions, and other institu- tions whose enrollment includes substantial percentages of minorities underrepresented in science and engineering research; (B) innovative approaches in the manage- ment of the Program that address both short-term and long-term aspects of the ren- ovation, repair, and replacement of aca- demic research facilities; (C) programmatic approaches that recog- nize and support excellence, strengthen sci- entific and engineering research potential and, to the maximum extent possible and consistent with the purposes of this Act, as- sure an equitable distribution of resources with respect to institutions and geo- graphical areas; and (D) any recommendations necessary to im- prove the Program and further meet the pur- poses of sections 1862a to 1862d of this title. (e) Report The Director shall prepare and submit, not later than June 15, 1989, a report containing the comprehensive plan required by subsection (d) of this section to the Committee on Labor and Page 5088 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862d Human Resources and the Committee on Com- merce, Science, and Transportation of the Sen- ate and the Committee on Science, Space, and Technology of the House of Representatives. (f) Final guidelines Final guidelines shall be published in the Fed- eral Register not later than 45 days after the submission of the report required under sub- section (e). (g) Amount available for this section The Director shall, from amounts available to the Foundation under section 101(b) of this Act for fiscal year 1989, make available an amount, not to exceed $1,000,000, to carry out the provi- sions of this section. None of the funds author- ized to be appropriated in section 101 of this Act may be used for grant or contract awards under the Program prior to completion and submission to Congress of the comprehensive plan required by subsection (d) of this section. (h) Consultation with Secretary of Education and heads of other agencies In conducting the activities under the Pro- gram, the Director shall consult with the Sec- retary of Education and the heads of other re- lated agencies. (Pub. L. 100–570, title II, § 204, Oct. 31, 1988, 102 Stat. 2875.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (d)(4)(C) and (g), is Pub. L. 100–570, Oct. 31, 1988, 102 Stat. 2865, known as the National Science Foundation Authorization Act of 1988. Section 101 of this Act is not classified to the Code. For complete classification of this Act to the Code, see Short Title of 1988 Amendments 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. § 1862d. Set-aside for certain institutions Of the amounts appropriated to the Founda- tion for the Program, as authorized under sec- tion 101 of this Act, in each fiscal year, at least 12 percent shall be reserved for historically Black colleges or universities defined as ‘‘part B institutions’’ by section 1061(2) of title 20 and other institutions of higher education whose en- rollment includes a substantial percentage of students who are Black Americans, Hispanic Americans, or Native Americans. (Pub. L. 100–570, title II, § 205, Oct. 31, 1988, 102 Stat. 2877.) Editorial Notes REFERENCES IN TEXT Section 101 of this Act, referred to in text, is section 101 of Pub. L. 100–570, title I, Oct. 31, 1988, 102 Stat. 2865, which is not classified to the Code. 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. § 1862e. Evaluations of research centers In carrying out performance reviews of re- search centers by the Foundation, the Director shall take such action as may be necessary, con- sistent with the merit review process of the Foundation, to ensure that— (1) members of review panels are free from any conflict of interest; and (2) the conditions of each award to such cen- ters have been fulfilled. (Pub. L. 100–570, title I, § 109, Oct. 31, 1988, 102 Stat. 2869.) Editorial Notes CODIFICATION Section was enacted 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. § 1862f. Research center consortia In Foundation programs making grants to re- search centers, the Director shall encourage the formation of consortia that include research universities, two-year and four-year colleges, and the private sector. (Pub. L. 100–570, title I, § 110, Oct. 31, 1988, 102 Stat. 2869.) Editorial Notes CODIFICATION Section was enacted 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. § 1862g. Established Program to Stimulate Com- petitive Research (a) The Director shall operate a program to stimulate competitive research (known as the ‘‘Established Program to Stimulate Competitive Research’’), the purpose of which is to assist those States that— (1) historically have received relatively lit- tle Federal research and development funding; and (2) have demonstrated a commitment to de- velop their research bases and improve science and engineering research and education pro- grams at their universities and colleges. (b) A State which has received an initial award under such Program, whether or not the award was received before or after October 31, 1988, shall be eligible for up to 5 years of addi- tional support under the Program if that State