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U.S. Code as of:
01/19/04
Section 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.
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