---
kind: "range"
citation: "42 U.S.C. §§ 1862a–1862d"
title: "42"
from: "1862a"
to: "1862d"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/42/1862a..1862d"
---

# §1862a. Findings and purpose

- (a) The Congress finds that—
  - (1) the fundamental research and related education [program](/usc/42/274l–1.md?p=4) supported by the Federal Government and conducted by the Nation’s universities and colleges are essential to our national security, and to our health, economic welfare, and general well-being;
  - (2) many national research and related education [programs](/usc/42/274l–1.md?p=4) conducted by universities and colleges are now hindered by obsolete research [buildings](/usc/42/6881.md?p=i-3) and equipment, and many institutions lack sufficient resources to repair, renovate, or replace their [laboratories](/usc/42/300jj.md?p=10);
  - (3) the Nation’s capacity to conduct high quality research and education [programs](/usc/42/274l–1.md?p=4) and to maintain its competitive position at the forefront of modern science, engineering, and technology is threatened by this research capital deficit, which poses serious and adverse consequences to our future national security, health, welfare, and ability to compete in the international marketplace;
  - (4) a national effort to spur reinvestment in research [facilities](/usc/42/11049.md?p=4) is needed, and national, [State](/usc/42/201.md?p=f), and local policies and cooperative [programs](/usc/42/274l–1.md?p=4) are required that will yield maximum return on the investment of scarce national resources and sustain a commitment to excellence in research and education; and
  - (5) the [Foundation](/usc/42/17351.md?p=3), as part of its responsibility for maintaining the vitality of the Nation’s academic research, and in partnership with the [States](/usc/42/201.md?p=f), industry, and universities and colleges, must assist in enhancing the historic linkages between Federal investment in academic research and [training](/usc/42/285e–2.md?p=b-2) and investment in the research capital base by reinvesting in the capital [facilities](/usc/42/11049.md?p=4) which modern research and education [programs](/usc/42/274l–1.md?p=4) require.
- (b) It is the purpose of [sections 1862a to 1862d](/usc/42/1862a..1862d.md) of this title to assist in modernizing and revitalizing the Nation’s research [facilities](/usc/42/11049.md?p=4) at institutions of higher education, independent non-profit research institutions and research [museums](/usc/42/7142d.md?p=1), and consortia thereof, through capital investment.

# §1862b. Establishment of Program

- (a) **Establishment; purpose—**
  - (1) To carry out [sections 1862a to 1862d](/usc/42/1862a..1862d.md) of this title, the [Director](/usc/42/5061.md?p=1) shall establish and carry out a new Academic Research [Facilities](/usc/42/11049.md?p=4) Modernization [Program](/usc/42/274l–1.md?p=4) (hereafter in [sections 1862a to 1862d](/usc/42/1862a..1862d.md) of this title referred to as the “[Program](/usc/42/274l–1.md?p=4)”), under which awards are made to institutions of higher education, independent nonprofit research institutions, and research [museums](/usc/42/7142d.md?p=1), and consortia thereof, for the repair, renovation, or, in exceptional cases, replacement of obsolete science and engineering [facilities](/usc/42/11049.md?p=4) primarily devoted to research.
  - (2) Such awards shall, consistent with the functions of the [Foundation](/usc/42/17351.md?p=3) set forth in [section 1862 of this title](/usc/42/1862.md) and through established [Foundation](/usc/42/17351.md?p=3) selection procedures, serve to—
    - (A) promote the modernization of graduate academic science and engineering research [laboratories](/usc/42/300jj.md?p=10) and [related facilities](/usc/42/1486.md?p=g-2) 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](/usc/42/12854.md?p=3) 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](/usc/42/300jj.md?p=10) and [related facilities](/usc/42/1486.md?p=g-2) so as to facilitate and support research in the scientific and engineering disciplines.
- (b) **Improvement projects; maximum amounts—**
  - (1) The [Program](/usc/42/274l–1.md?p=4) shall be carried out through [projects](/usc/42/11360.md?p=20) which involve the repair, renovation, or, in exceptional cases, replacement of specific science and engineering [facilities](/usc/42/11049.md?p=4) devoted primarily to research at eligible institutions, or consortia thereof, and for which [funds](/usc/42/12854.md?p=3) are awarded in response to specific proposals submitted by such eligible institutions or consortia in accordance with procedures prescribed by the [Director](/usc/42/5061.md?p=1) pursuant to [section 1862c of this title](/usc/42/1862c.md).
  - (2) Awards made under the [Program](/usc/42/274l–1.md?p=4) shall not exceed $7,000,000 to any institution or [consortium](/usc/42/16282.md?p=d-4) over any period of 5 years for the repair, renovation, or, in exceptional cases, replacement of academic research [facilities](/usc/42/11049.md?p=4).
  - (3) The [Director](/usc/42/5061.md?p=1) shall, in making awards under the [Program](/usc/42/274l–1.md?p=4), consider the extent to which that institution or [consortium](/usc/42/16282.md?p=d-4) has received [funds](/usc/42/12854.md?p=3) for the repair, renovation, [construction](/usc/42/7479.md?p=2-C), or replacement of academic [facilities](/usc/42/11049.md?p=4) from any other Federal funding source within the 5-year period immediately preceding the application. The [Director](/usc/42/5061.md?p=1) shall give priority to institutions or consortia that have not received such [funds](/usc/42/12854.md?p=3) in the preceding 5 years.
  - (4) The [Director](/usc/42/5061.md?p=1) shall, in awarding [funds](/usc/42/12854.md?p=3) under [sections 1862a to 1862d](/usc/42/1862a..1862d.md) of this title, consider the distribution of [funds](/usc/42/12854.md?p=3) among institutions of different sizes and geographical locations.
- (c) **Criteria for award of funds—** Criteria for the award of [funds](/usc/42/12854.md?p=3) to any institution for a [project](/usc/42/11360.md?p=20) under the [Program](/usc/42/274l–1.md?p=4) shall include—
  - (1) the quality of the research and [training](/usc/42/285e–2.md?p=b-2) to be carried out in the [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4) 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](/usc/42/11049.md?p=4) and equipment;
  - (3) the congruence of the institution’s research and [training](/usc/42/285e–2.md?p=b-2) activities with the future research needs of the Nation and the research mission of the [Foundation](/usc/42/17351.md?p=3);
  - (4) the contribution that the [project](/usc/42/11360.md?p=20) will make toward meeting national, regional, and institutional research and related [training](/usc/42/285e–2.md?p=b-2) needs;
  - (5) in the case of an institution that historically has received relatively little Federal research and development funding, the contribution the proposed [project](/usc/42/11360.md?p=20) 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](/usc/42/274l–1.md?p=4), with the objective of avoiding undue concentration of awards.

# §1862c. Procedures, guidelines, and planning activities

- (a) **Procedures—**
  - (1) The [Director](/usc/42/5061.md?p=1) shall, consistent with the objectives of the [Program](/usc/42/274l–1.md?p=4) and the criteria set forth in [section 1862b(c) of this title](/usc/42/1862b.md?p=c), set forth procedures for the [Program](/usc/42/274l–1.md?p=4).
  - (2) The procedures so prescribed shall contain such terms, conditions, and guidelines as may be necessary in the light of [Program](/usc/42/274l–1.md?p=4) objectives, but shall in any event provide that—
    - (A) [funds](/usc/42/12854.md?p=3) to carry out the [Program](/usc/42/274l–1.md?p=4) will be awarded only on the basis of merit after a comprehensive review using established [Foundation](/usc/42/17351.md?p=3) procedures;
    - (B) the membership of merit review [panels](/usc/42/10362.md?p=16) that assess proposals will be broadly [representative](/usc/42/3058f.md?p=5) of eligible institutions, including research universities and predominantly undergraduate and [minority](/usc/42/299a–1.md?p=d-2) 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](#c-1), [renovation](#c-1), or [replacement](#c-1) involved and shall provide this contribution from private or non-Federal public sources, except that the [Director](/usc/42/5061.md?p=1) 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](/usc/42/17351.md?p=3) 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](/usc/42/274l–1.md?p=4) awards.
- (b) **Comprehensive planning activities—** The [Director](/usc/42/5061.md?p=1) shall conduct comprehensive planning activities, including surveys of research [facility](/usc/42/11049.md?p=4) needs and other information-gathering activities, necessary to implement the [Program](/usc/42/274l–1.md?p=4) and to develop the procedures called for under [subsection (a)](#a) of this section.
- (c) **Guidelines—** Prior to the issuance of the comprehensive plan required by [subsection (d)](#d) of this section, and consistent with the [Program](/usc/42/274l–1.md?p=4) criteria set forth in [section 1862b(c) of this title](/usc/42/1862b.md?p=c), the [Director](/usc/42/5061.md?p=1) shall publish in the Federal Register proposed [Program](/usc/42/274l–1.md?p=4) 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](/usc/42/17351.md?p=3) in evaluating proposals from institutions and [consortia](#c-1) thereof, including criteria for evaluating scientific merit and for evaluating the age and condition of existing research [facilities](#c-1); and
  - (3) requirements for matching a [Program](/usc/42/274l–1.md?p=4) award with contributions from non-Federal sources.
- (d) **Comprehensive plan—** The [Director](/usc/42/5061.md?p=1), after gathering appropriate information and after considering comments on the proposed [Program](/usc/42/274l–1.md?p=4) guidelines published in the Federal Register pursuant to [subsection (c)](#c) of this section, shall develop a comprehensive plan for the [Program](/usc/42/274l–1.md?p=4) that—
  - (1) defines the appropriate roles and responsibilities of the Federal Government, [institutions of higher education](#c-1), [State](/usc/42/201.md?p=f) governments, private [foundations](/usc/42/17351.md?p=3), and other appropriate organizations;
  - (2) [states](/usc/42/201.md?p=f) 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](/usc/42/12854.md?p=3) awarded under [sections 1862a to 1862d](/usc/42/1862a..1862d.md) of this title;
  - (3) [states](/usc/42/201.md?p=f) the estimated percentage of [Program](/usc/42/274l–1.md?p=4) [funds](/usc/42/12854.md?p=3) available for each [category](/usc/42/1395w–4.md?p=j-1) 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](#c-1) needs of research universities, undergraduate institutions, and other institutions whose enrollment includes substantial percentages of [minorities](/usc/42/299a–1.md?p=d-2) underrepresented in science and engineering research;
    - (B) innovative approaches in the management of the [Program](/usc/42/274l–1.md?p=4) that address both short-term and long-term aspects of the [renovation](#c-1), [repair](#c-1), and [replacement](#c-1) of academic research [facilities](#c-1);
    - (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](/usc/42/274l–1.md?p=4) and further meet the purposes of [sections 1862a to 1862d](/usc/42/1862a..1862d.md) of this title.
- (e) **Report—** The [Director](/usc/42/5061.md?p=1) shall prepare and submit, not later than June 15, 1989, a report containing the comprehensive plan required by [subsection (d)](#d) of this section to the Committee on Labor and Human Resources and the Committee on [Commerce](/usc/42/6311.md?p=7), Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of [Representatives](/usc/42/3058f.md?p=5).
- (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)](#e).
- (g) **Amount available for this section—** The [Director](/usc/42/5061.md?p=1) shall, from amounts available to the [Foundation](/usc/42/17351.md?p=3) 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](/usc/42/12854.md?p=3) authorized to be appropriated in section 101 of this Act may be used for grant or contract awards under the [Program](/usc/42/274l–1.md?p=4) prior to completion and submission to Congress of the comprehensive plan required by [subsection (d)](#d) of this section.
- (h) **Consultation with Secretary of Education and heads of other agencies—** In conducting the activities under the [Program](/usc/42/274l–1.md?p=4), the [Director](/usc/42/5061.md?p=1) shall consult with the [Secretary](/usc/42/242q–4.md?p=2) of Education and the heads of other related agencies.

# §1862d. Set-aside for certain institutions


Of the amounts appropriated to the [Foundation](/usc/42/17351.md?p=3) for the [Program](/usc/42/274l–1.md?p=4), as authorized under section 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](/usc/20/1061.md?p=2) and other institutions of higher education whose enrollment includes a substantial percentage of students who are Black Americans, Hispanic Americans, or [Native Americans](/usc/42/254c–20.md?p=a-5).