
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1862b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 16--NATIONAL SCIENCE FOUNDATION
 
Sec. 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 
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 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.
    (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.

(Pub. L. 100-570, title II, Sec. 203, Oct. 31, 1988, 102 Stat. 2874.)

                          Codification

    Section was enacted as part of the Academic Research 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 1862b, Pub. L. 100-418, title VI, Sec. 6403, Aug. 
23, 1988, 102 Stat. 1544, related to establishment of National Science 
Foundation College Science Instrumentation Program, prior to repeal by 
Pub. L. 100-570, Sec. 206.

                  Section Referred to in Other Sections

    This section is referred to in sections 1862a, 1862c of this title.
