42 U.S.C. § 1862g — Established Program to Stimulate Com-

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 Page 5089 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862i 1 So in original. Probably should be followed by ‘‘and’’. provides assurances of new matching funds and submits an acceptable new plan for using Pro- gram funds and matching funds to build the re- search capabilities of the State. (Pub. L. 100–570, title I, § 113, Oct. 31, 1988, 102 Stat. 2870; Pub. L. 114–329, title I, § 103(e)(2), Jan. 6, 2017, 130 Stat. 2975.) 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. AMENDMENTS 2017—Pub. L. 114–329, § 103(e)(2)(A), substituted ‘‘Es- tablished’’ for ‘‘Experimental’’ in section catchline. Subsec. (a). Pub. L. 114–329, § 103(e)(2)(B), substituted ‘‘a program to stimulate competitive research (known as the ‘Established Program to Stimulate Competitive Research’)’’ for ‘‘an Experimental Program to Stimu- late Competitive Research’’ in introductory provisions. Subsec. (b). Pub. L. 114–329, § 103(e)(2)(C), substituted ‘‘the Program’’ for ‘‘the program’’. Statutory Notes and Related Subsidiaries PLANNING GRANTS Pub. L. 107–368, § 26, Dec. 19, 2002, 116 Stat. 3067, pro- vided that: ‘‘The Director is authorized to accept plan- ning proposals from applicants who are within .075 per- centage points of the current eligibility level for the Experimental Program to Stimulate Competitive Re- search. Such proposals shall be reviewed by the Foun- dation to determine their merit for support under the Experimental Program to Stimulate Competitive Re- search or any other appropriate program.’’ [For definitions of terms used in section 26 of Pub. L. 107–368, set out above, see section 4 of Pub. L. 107–368, set out as a note under section 1862n of this title.] § 1862h. Congressional statement of findings and declaration of purposes respecting scientific and technical education and training (a) Findings The Congress finds that— (1) the position of the United States in the world economy faces great challenges from highly trained foreign competition; (2) the workforce of the United States must be better prepared for the technologically ad- vanced, competitive, global economy; (3) the improvement of our work force’s pro- ductivity and our international economic posi- tion depend upon the strengthening of our edu- cational efforts in science, technology, engi- neering, and mathematics or STEM, especially at the associate-degree level; (4) shortages of scientifically and tech- nically educated 1 trained workers in a wide variety of fields will best be addressed by col- laboration among the Nation’s associate-de- gree-granting colleges and private industry to produce skilled, advanced technicians; and (5) the National Science Foundation’s tradi- tional role in developing model curricula, dis- seminating instructional materials, enhancing faculty development, and stimulating partner- ships between educational institutions and in- dustry, makes an enlarged role for the Foun- dation in STEM education and training par- ticularly appropriate. (b) Purposes It is the purpose of sections 1862h to 1862j of this title to— (1) improve science and technical education at associate-degree-granting colleges; (2) improve secondary school and postsec- ondary curricula in STEM fields; (3) improve the educational opportunities of postsecondary students by creating com- prehensive articulation agreements and plan- ning between 2-year and 4-year institutions; and (4) promote outreach to secondary schools to improve STEM instruction. (Pub. L. 102–476, § 2, Oct. 23, 1992, 106 Stat. 2297; Pub. L. 117–167, div. B, title III, § 10312(f)(1), Aug. 9, 2022, 136 Stat. 1519.) Editorial Notes REFERENCES IN TEXT Sections 1862h to 1862j of this title, referred to in sub- sec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 102–476, Oct. 23, 1992, 106 Stat. 2297, known as the Sci- entific and Advanced-Technology Act of 1992, which en- acted this section and sections 1862i and 1862j of this title and amended section 1862 of this title. For com- plete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 1861 of this title and Tables. CODIFICATION Section was enacted as part of the Scientific and Ad- vanced-Technology Act of 1992, and not as part of the National Science Foundation Act of 1950 which com- prises this chapter. AMENDMENTS 2022—Subsec. (a)(3). Pub. L. 117–167, § 10312(f)(1)(A)(i), substituted ‘‘science, technology, engineering, and mathematics or STEM’’ for ‘‘science, mathematics, and technology’’. Subsec. (a)(4). Pub. L. 117–167, § 10312(f)(1)(A)(ii), in- serted ‘‘educated’’ before ‘‘trained’’. Subsec. (a)(5). Pub. L. 117–167, § 10312(f)(1)(A)(iii), sub- stituted ‘‘STEM education and training’’ for ‘‘scientific and technical education and training’’. Subsec. (b)(2). Pub. L. 117–167, § 10312(f)(1)(B)(i), sub- stituted ‘‘STEM fields’’ for ‘‘mathematics and science’’. Subsec. (b)(4). Pub. L. 117–167, § 10312(f)(1)(B)(ii), sub- stituted ‘‘STEM instruction’’ for ‘‘mathematics and science instruction’’. § 1862i. STEM education (a) National advanced STEM education program The Director of the National Science Founda- tion (hereafter in sections 1862h to 1862j of this title referred to as the ‘‘Director’’) shall award grants to associate-degree-granting colleges, and consortia thereof, to assist them in pro- viding education in advanced-technology fields and education to prepare the skilled technical workforce to meet workforce demands, and to improve the quality of their core education courses in STEM fields. The grant program shall place emphasis on the needs of students who have been in the workforce (including veterans and individuals engaged in work in the home) and on building a pathway from secondary