
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1862c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 16--NATIONAL SCIENCE FOUNDATION
 
Sec. 1862c. Procedures, guidelines, and planning activities


(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, 
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 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 Director shall publish 
in the Federal Register proposed Program guidelines for public review 
for a comment period of 30 days. Such guidelines shall provide detailed 
information on eligibility, criteria, terms, and conditions and shall 
include, but not be limited to--
        (1) definitions for the terms ``institutions of higher 
    education'', ``private non-profit research organizations'', 
    ``research museums'', ``consortia'', ``facilities'', ``facilities 
    primarily devoted to research'', ``instrumentation'', ``equipment'', 
    ``repair'', ``renovation'', and ``replacement'';
        (2) selection criteria to be used by the Foundation in 
    evaluating proposals from institutions and consortia thereof, 
    including criteria for evaluating scientific merit and for 
    evaluating the age and condition of existing research facilities; 
    and
        (3) requirements for matching a Program award with contributions 
    from non-Federal sources.

(d) Comprehensive plan

    The Director, after gathering appropriate information 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 responsibilities of the 
    Federal Government, institutions of higher education, State 
    governments, private foundations, and other appropriate 
    organizations;
        (2) states what procedures will be used to ensure that 
    predominantly undergraduate institutions and colleges and 
    universities that historically have received little Federal research 
    and development funding will receive substantial percentages of the 
    funds awarded under sections 1862a to 1862d of this title;
        (3) states the estimated percentage of Program funds available 
    for each category of eligible institutions, including predominantly 
    undergraduate institutions and colleges and universities that 
    historically have received little Federal research and development 
    funding as well as research universities; and
        (4) evaluates and addresses, to the maximum extent possible, a 
    variety of factors which include--
            (A) the unique circumstances and research facilities needs 
        of research universities, undergraduate institutions, and other 
        institutions whose enrollment includes substantial percentages 
        of minorities underrepresented in science and engineering 
        research;
            (B) innovative approaches in the management of the Program 
        that address both short-term and long-term aspects of the 
        renovation, repair, and replacement of academic research 
        facilities;
            (C) programmatic approaches that recognize and support 
        excellence, strengthen scientific and engineering research 
        potential and, to the maximum extent possible and consistent 
        with the purposes of this Act, assure an equitable distribution 
        of resources with respect to institutions and geographical 
        areas; and
            (D) any recommendations necessary to improve the Program and 
        further meet the purposes 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 Human Resources and the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Science, Space, and Technology of the House of 
Representatives.

(f) Final guidelines

    Final guidelines shall be published in the Federal Register not 
later than 45 days after the submission of the report required under 
subsection (e) of this section.

(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 provisions of this 
section. None of the funds authorized 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 Program, the Director shall 
consult with the Secretary of Education and the heads of other related 
agencies.

(Pub. L. 100-570, title II, Sec. 204, Oct. 31, 1988, 102 Stat. 2875.)

                       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 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.

                         Change of Name

    Committee on Science, Space, and Technology of House of 
Representatives treated as referring to Committee on Science of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.

                  Section Referred to in Other Sections

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