Title 42The Public Health and WelfareRelease 119-73

§1862b Establishment of Program

Title 42 › Chapter CHAPTER 16— - NATIONAL SCIENCE FOUNDATION › § 1862b

Last updated Apr 6, 2026|Official source

Summary

Creates a new program that gives grants to colleges, nonprofit research centers, and research museums — or groups of them — to fix, upgrade, or, in rare cases, replace old science and engineering labs used mainly for research. The program aims to modernize graduate and undergraduate research spaces and help schools that have historically gotten little federal research money. Grants are made after institutions send proposals and follow the Foundation’s application rules. Projects must be for repair, renovation, or exceptional replacement of specific research facilities. No institution or consortium can get more than $7,000,000 from the program in any 5-year period. The Director must look at whether an applicant got federal facility funds in the past 5 years and give priority to those that did not. The Director must also consider distribution by school size and location. Award decisions will weigh research and training quality, the need based on age and condition of facilities, fit with national research needs and the Foundation’s mission, the project’s benefit to research and training, special help for historically underfunded schools, and avoiding too many awards in one area.

Full Legal Text

Title 42, §1862b

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(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)(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 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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, § 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, § 206.

Statutory Notes and Related Subsidiaries

Major Research Instrumentation Pub. L. 107–368, § 13, Dec. 19, 2002, 116 Stat. 3055, required Director of the National Science Foundation to conduct a review and assessment of the major research instrumentation program and, not later than 1 year after Dec. 19, 2002, submit a report, including specified estimates, descriptions and analyses, of findings and recommendations to certain Congressional committees, and also required the Director to enter into an arrangement with the National Academy of Sciences to assess the need for an interagency program to establish and support fully equipped, state-of-the-art university-based centers for interdisciplinary research and advanced instrumentation development, and not later than 15 months after Dec. 19, 2002, to transmit to the committees the assessment conducted by the National Academy of Sciences together with the Foundation’s reaction to the assessment.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1862b

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73