### §40903. Established Program to Stimulate Competitive Research—merit grant competition requirements

(a) Definition of Eligible State.—In this section, the term "eligible State" means a State designated by the Administrator as eligible to compete in the National Science Foundation's Established Program to Stimulate Competitive Research.

(b) Competition.—Making use of the existing infrastructure established in eligible States by the National Science Foundation, the Administrator shall conduct a merit grant competition among the eligible States in areas of research important to the mission of the Administration. With respect to a grant application by an eligible State, the Administrator shall consider—

(1) the application's merit and relevance to the mission of the Administration;

(2) the potential for the grant to serve as a catalyst to enhance the ability of researchers in the State to become more competitive for regular Administration funding;

(3) the potential for the grant to improve the environment for science, mathematics, and engineering education in the State; and

(4) the need to ensure the maximum distribution of grants among eligible States, consistent with merit.

(c) Supplemental Grants.—The Administrator shall endeavor, where appropriate, to supplement grants made under subsection (b) with such grants for fellowships, traineeships, equipment, or instrumentation as are available.

(d) Information in Annual Budget Submission.—In order to ensure that research expertise and talent throughout the Nation is developed and engaged in Administration research and education activities, the Administration shall, as part of its annual budget submission, detail additional steps that can be taken to further integrate the participating eligible States in both existing and new or emerging Administration research programs and center activities.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3392; Pub. L. 117–167, div. B, title VII, §10851(e), Aug. 9, 2022, 136 Stat. 1754.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 40903(a) | 42 U.S.C. 2467b(c). | Pub. L. 102–588, title III, §304, Nov. 4, 1992, 106 Stat. 5120. |
| 40903(b) | 42 U.S.C. 2467b(a). | |
| 40903(c) | 42 U.S.C. 2467b(b). | |
| 40903(d) | 42 U.S.C. 17781(b). | Pub. L. 110–422, title VII, §704(b), Oct. 15, 2008, 122 Stat. 4802. |

Section

In subsection (d) the words "eligible States" are substituted for "EPSCoR States" for clarity and consistency in the section.

#### **Editorial Notes**

#### Amendments

2022—Pub. L. 117–167, §10851(e)(1), substituted "Established" for "Experimental" in section catchline.

Subsec. (a). Pub. L. 117–167, §10851(e)(2), substituted "Established" for "Experimental".

#### **Statutory Notes and Related Subsidiaries**

#### Congressional Findings and Policy

Pub. L. 102–588, title III, §§301–303, Nov. 4, 1992, 106 Stat. 5119, provided that:

#### "SEC. 301. SHORT TITLE.

"This title [see Tables for classification] may be cited as the 'Experimental Program to Stimulate Competitive Research on Space and Aeronautics Act'.

#### "SEC. 302. FINDINGS.

"Congress finds that—

"(1) the report of the Advisory Committee on the Future of the United States Space Program has provided a framework within which a consensus on the goals of the space program can be developed;

"(2) the National Aeronautics and Space Administration's space science and applications, aeronautical research and technology, and space research and technology programs will serve as the fulcrum for future initiatives by the United States in civil space and aviation;

"(3) colleges and universities in many States are currently not able to compete successfully for research grants awarded by the National Aeronautics and Space Administration through its space science and applications, aeronautical research and technology, and space research and technology programs;

"(4) balanced programs of space science and applications, aeronautical research and technology, and space research and technology should include initiatives designed to foster competitive research capacity in all geographic areas of the Nation; and

"(5) by strengthening the competitive research capacity in those geographic areas of the Nation which are not currently fully competitive, the education and training of scientists and engineers important to the future of the United States civil space and aviation programs will be fostered.

#### "SEC. 303. POLICY.

"It is the policy of the United States that—

"(1) the Administrator [of the National Aeronautics and Space Administration], in planning for national programs in space science and applications, aeronautical research, space flight, and exploration, should ensure the resilience of the space and aeronautics research infrastructure;

"(2) a stable and balanced program of space science and applications, aeronautical research and technology, and space research and technology should include programs to assure that geographic areas of the United States that currently do not successfully participate in competitive space and aeronautical research activities are enabled to become more competitive; and

"(3) programs to improve competitive capabilities should be a part of the research and the educational activities of the National Aeronautics and Space Administration."