National Science Foundation Authorization Act of 1988
PL 100-570 (H.R.4418), enacted 10/31/1988

PUBLIC LAW 100-570—OCT. 31, 1988 
102 STAT. 2865 
Public Law 100-570 
100th Congress 
An Act 
To authorize appropriations for the National Science Foundation, and for other 
Oct. 31, 1988 
purposes. 
[H.R. 4418] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
National Science 
Foundation 
SHORT TITLE 
^'l*^?'"laoo°" 
Act of 1988. 
SECTION 1. This Act may be cited as the "National Science 
42 use 1861 
Foundation Authorization Act of 1988". 
note. 
TITLE I—NATIONAL SCIENCE FOUNDATION 
AUTHORIZATION 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 101. (a) Congress finds that to strengthen basic research and 
human resources in science and engineering the programs of the 
National Science Foundation (hereinafter referred to as the 
"Foundation") should be adequately funded. 
Oa) There is authorized to be appropriated to the Foundation 
$2,050,000,000 for fiscal year 1989, which shall be available for the 
following categories: 
(1) Research and Related Activities, $1,653,500,000, which 
shall be available for the following subcategories: 
(A) Mathematical and Physical Sciences, $507,800,000. 
(B) Engineering, $198,000,000. 
(C) 
Biol(^cal, 
Behavioral, 
and 
Social 
Sciences, 
$288,700,000. 
(D) Geosciences, $320,900,000. 
(E) Computer and Information Science and Engineering, 
$162,100,000. 
(F) 
Science 
and 
Technology 
Research 
Centers, 
$25,000,000. 
(G) Scientific, Technological, and International Affairs, 
$56,000,000. 
(H) Program Development and Management, $95,000,000. 
(2) Science and Engineering Elducation, $175,500,000, of which 
$17,500,000 shall he available for College Science Instru-
mentation. 
(3) United States Antarctic Program, $141,000,000. 
(4) Academic Research Facilities Modernization, $80,000,000. 
(c) There is authorized to be appropriated to the Foundation 
$2,388,000,000 for fiscal year 1990, which shall be available for the 
following categories: 
(1) Research and Related Activities, $1,910,700,000, which 
shall be available for the following subcategories: 
(A) Mathematical and Physical Sciences, $588,500,000. 
(B) Engineering, $229,500,000. 
102 STAT. 2866 
PUBLIC LAW 100-570—OCT. 31, 1988 
(C) 
Biological, 
Behavioral, 
and 
Social 
Sciences, 
$334,600,000. 
(D) Geosciences, $372,000,000. 
(E) Computer and Information Science and Engineering, 
$188,000,000. 
(F) 
Science 
and 
Technology 
Research 
Centers, 
$30,000,000. 
(G) Scientific, Technological, and International Affairs, 
$65,000,000. 
(H) 
Program 
Development 
and 
Management, 
$103,100,000. 
(2) Science and Engineering Education, $205,300,000. 
(3) United States Antarctic Program, $147,000,000. 
(4) Academic Research Facilities Modernization, $125,000,000. 
(d) There is authorized to be appropriated to the Foundation 
$2,782,000,000 for fiscal year 1991, which shall be available for the 
following categories: 
(1) Research and Related Activities, $2,200,200,000, which 
shall be available for the following subcategories: 
(A) Mathematical and Physical Sciences, $681,500,000. 
(B) Engineering, $265,800,000. 
(C) 
Biological, 
Behavioral, 
and 
Social 
Sciences, 
$387,400,000. 
(D) Geosciences, $430,800,000. 
(E) Computer and Information Science and Engineering, 
$217,600,000. 
(F) 
Science 
and 
Technology 
Research 
Centers, 
$30,000,000. 
(G) Scientific, Technological, and International Affairs, 
$75,200,000. 
(H) 
Program 
Development 
and 
Management, 
$111,900,000. 
(2) Science and Engineering Education, $240,200,000. 
(3) United States Antarctic Program, $154,100,000. 
(4) Academic Research Facilities Modernization, $187,500,000. 
(e) There is authorized to be appropriated to the Foundation 
$3,245,000,000 for fiscal year 1992, which shall be available for the 
following categories: 
(1) Research and Related Activities, $2,552,000,000. 
(2) Science and Engineering Education, $281,000,000. 
(3) United States Antarctic Program, $162,000,000. 
(4) Academic Research Facilities Modernization, $250,000,000, 
(f) There is authorized to be appropriated to the Foundation 
$3,505,000,000 for fiscal year 1993, which shall be available for the 
following categories: 
(1) Research and Related Activities, $2,772,000,000. 
(2) Science and Engineering Education, $308,000,000. 
(3) United States Antarctic Program, $175,000,000. 
(4) Academic Research Facilities Modernization, $250,000,000. 
(g) Notwithstanding any other provision of this Act— 
(1) not less than $5,000,000 of the amount authorized in 
subsection (bX2) is authorized only for purposes of teacher train-
ing and enhancement and for development of model curriculum 
tailored for science and mathematics instruction, and instruc-
tion in technician training programs, in two-year and commu-
nity colleges; and 
PUBLIC LAW 100-570—OCT. 31, 1988 
102 STAT. 2867 
(2) in allocating funds authorized under this section for plan-
ning grants for &ience and Technology Centers, the Director of 
the Foundation (hereinafter referred to as the "Director") shall 
give due consideration to the need to establish centers in geo-
graphic areas of the United States in which there is no nation-
ally recognized research university. 
(hXD If the total amount appropriated for a program category 
specified in subsections (b) through (f) of this section is less than the 
total amount authorized to be appropriated for such cat^ory under 
this section, the portion of such appropriated amount that shall be 
available for spending for each subicat^ory of such category, and for 
each pix^ram of such category or subcat^ory for which a funding 
floor is specified, shall be determined as follows: 
(A) For each subcat^ory, the amount available for spending 
shall be equal to the amount specified in subsections Qa) through 
(f) for that subcat^ory, as multiplied by the funding availability 
percentage. 
(B) For each program of any category or subcategory for 
which a funding floor is specified, the amount available for 
spending shall be equal to the amount specified in this section 
as the floor for that prc^am, as multiplied by the funding 
availability percentage. 
(2) For the purposes of this subsection, the term "funding avail-
ability percentage" means the percentage determined by dividing— 
(A) the total amount appropriated for a program category 
specified in subsection (b), (c), (d), (e), or (f) of this section by 
(B) the total amount authorized under subsection (b), (c), (d), 
(e), or (f) for that category. 
AVAILABILITY OF APPROPRIATIONS 
SEC. 102. Appropriations made under authority provided in sec-
tion 101 of this Act shall remain available for obligation for periods 
specified in the Acts making the appropriations. 
CONSULTATION AND REPRESENTATION EXPENSES 
SEC. 103. From appropriations made under authorizations pro-
vided in this Act, not more than $7,500 may be used in each fiscal 
year for official consultation, representation, or other extraordinary 
expenses at the discretion of the Director, The determination of the 
Director will be final and conclusive upon the accounting officers of 
the Government. 
TRANSFER OF FUNDS 
SEC. 104. (a) In any given fiscal year, funds may be transferred 
among the cat^ories listed in section 101, and among subcategories 
listed in section 101, so long as the net funds transferred to or from 
any cat^ory, or to or from any subcategory, do not exceed 10 
percent of the amount authorized for that cat^ory or subcategory. 
0)) In addition, the Director may propose transfers to or from any 
category exceeding 10 percent of the amount authorized for that 
cat^ory in section 101, and to or from any subcategory in which the 
net funds transferred exceed 10 percent of the amount authorized 
for that subcategory. An explanation of any such proposed transfer 
must be transmitted in writing to the Committee on Science, Space, 
and Technology of the House of Representatives, and the Com-
102 STAT. 2868 
PUBLIC LAW 100-570—OCT. 31, 1988 
mittees on Labor and Human Resources and Commerce, Science, and 
Transportation of the Senate. The proposed transfer may be made 
only when 30 calendar days have passed after transmission of such 
written explanation. 
Classified 
information. 
Reports. 
Wages. 
ADMINISTRATIVE AMENDMENTS 
SEC. 105. (a) Section 4 of the National Science Foundation Act of 
1950 (42 U.S.C. 1863) is amended by adding at the end thereof the 
following: 
"(k) Portions of Board meetings in which the Board considers 
proposed Foundation budgets for a particular fiscal year may be 
closed to the public until the President's budget for that fiscal year 
has been submitted to the Congress.". 
(b) Subsection (c) of section 15 of the National Science Foundation 
Act of 1950 (42 U.S.C. 1874) is repealed. 
(c) Section 36(f) of the Science and Technology Equal Opportuni-
ties Act (42 U.S.C. 1885c(f)) is amended to read as follows: 
"(f) Every two years, the Committee shall prepare and transmit to 
the Director a report on its activities during the previous two years 
and proposed activities for the next two years. The Director shall 
transmit to Congress the report, unaltered, together with such 
comments as the Director deems appropriate.". 
TEMPORARY PERSONNEL 
SEC. 106. Section 14(a) of the National Science Foundation Act of 
1950 (42 U.S.C. 1873(a)) is amended by inserting "(D" immediately 
after "(a)", and by adding at the end the following new paragraphs: 
"(2) The Director may, under the authority provided by paragraph 
(1) of this subsection and in accordance with such policies as the 
Board chooses to prescribe, appoint for a limited term, or on a 
temporary basis, scientists, engineers, and other technical and 
professional personnel on leave of absence from academic, indus-
trial, or research institutions to work for the Foundation. 
"(3) The Foundation may pay, to the extent authorized for certain 
other Federal employees by section 5723 of title 5, United States 
Code, travel expenses for any individual appointed for a limited 
term or on a temporary basis and transportation expenses of his or 
her immediate family and his or her household goods and personal 
effects from that individual's residence at the time of selection or 
assignment to his or her duty station. The Foundation may pay such 
travel expenses and transportation expenses to the same extent for 
such an individual's return to the former place of residence from his 
or her duty station, upon separation from the Federal service follow-
ing an agreed period of service. The Foundation may also pay a per 
diem allowance at a rate not to exceed the daily amounts prescribed 
under section 5702 of title 5, United States Code, to such an individ-
ual, in lieu of and when less than transportation expenses of the 
immediate family and household goods and personal effects, for the 
period of his or her employment with the Foundation. Notwith-
standing any other provision of law, the employer's contribution to 
any retirement, life insurance, or health benefit plan for an indi-
vidual appointed for a term of one year or less, which could be 
extended for no more than one additional year, may be made or 
reimbursed from appropriations available to the Foundation.". 
PUBLIC LAW 100-570—OCT. 31, 1988 
102 STAT. 2869 
BUDGET ESTIMATES 
SEC. 107. Section 14 of the National Science Foundation Act of 
1950 (42 U.S.C. 1873) is amended by adding at the end the following 
new subsection: 
"(j) Starting with fiscal year 1990, the Foundation shall submit to 
the Congress in each fiscal year, at the time of the release of the 
President's budget, a three-year budget estimate for the Foundation. 
The three-year budget shall include funding estimates for each 
major activity, including each scientific directorate, the United 
States Antarctic Program, the Science and Engineering Education 
Directorate, and the Program Development and Management 
activity.". 
FINANCIAL DISCLOSUTtE REPORT FOR BOARD MEMBERS 
SEC. 108. Section 4 of the National Science Foundation Act of 1950 
(42 U.S.C. 1863) is amended by adding at the end the following new 
subsection: 
"(k) Members of the Board shall be required to file a financial 
disclosure report under title II of the Ethics in CJovernment Act of 
1978 (5 U.S.C. App. 92 Stat. 1836), except that such reports shall be 
held confidential and exempt from any law otherwise requiring 
their public disclosure.". 
Classified 
information. 
EVALUATIONS OF RESEARCH CENTERS 
SEC. 109. In carrying out performance reviews of research centers 
42 USC I862e. 
by the Foundation, the Director shall take such action as may be 
necessary, consistent with the merit review process of the Founda-
tion, to ensure that— 
(1) members of review panels are free from any conflict of 
interest; and 
(2) the conditions of each award to such centers have been 
fulfilled. 
RESEARCH CENTER CONSORTIA 
SEC. 110. In Foundation pn^rams making grants to research Grants. 
centers, the Director shall encourage the formation of consortia that 
42 USC I862f. 
include research universities, two-year and four-year colleges, and 
the private sector. 
BUY-AMERICAN REQUIREMENTS 
SEC. 111. (a) The Director shall, to the maximum extent prac- Contracts. 
ticable and consistent with current law, award to domestic firms any 
42 USC 1870a. 
contracts for the purchase of goods and services intended for direct 
use by the Foundation. 
(b) The Director shall, as soon as possible after the date of Reports. 
enactment of this Act, prepare a report on— 
(1) the number of Foundation contracts entered into with 
foreign firms in fiscal year 1988; 
(2) the number of such contracts entered into with domestic 
firms in that fiscal year; 
(3) the number of contracts entered into with foreign firms 
where the Foundation also received a technically acceptable bid 
from a domestic firm; and 
102 STAT. 2870 
PUBLIC LAW 100-570—OCT. 31, 1988 
(4) any steps the Foundation will take to increase the number 
of contracts awarded to domestic firms. 
Such report shall be submitted to the Committee on Science, Space, 
and Technology of the House of Representatives and the Com-
mittees on Labor and Human Resources and Commerce, Science, and 
Transportation of the Senate, 
(c) For the purposes of this section— 
(1) the term "domestic firm" means a business entity which is 
organized under the laws of the United States or the laws of a 
State, district, commonwealth, territory, or possession of the 
United States, and which conducts business operations in the 
United States; and 
(2) the term "foreign firm" means a business entity not 
described in paragraph (1). 
20 u s e 3911 
note. 
Women. 
Minorities. 
Handicapped 
persons. 
UNDERGRADUATE SCIENCE IMPROVEMENT 
SEC. 112. (a) The Congress finds that the support of undergraduate 
science and engineering education is a critical component in a 
comprehensive national policy intended to ensure the Nation's 
future supply of scientists and engineers. 
(b) In accordance with the provisions of this Act, the Foundation 
shall support undergraduate science and engineering activities in 
instrumentation and laboratory improvement, undergraduate fac-
ulty enhancement, undergraduate research opportunities, under-
graduate curriculum development, and efforts to encourage the 
participation of women, minorities, and the disabled in such fields. 
(c) In carrying out the provisions of this section, the Foundation 
shall take into account the special needs of two-year and four-year 
colleges and universities. 
EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH 
42 use I862g. 
SEC. 113. (a) The Director shall operate an Experimental Program 
to Stimulate Competitive Research, the purpose of which is to assist 
those States that— 
(1) historically have received relatively little Federal research 
and development funding; and 
(2) have demonstrated a commitment to develop their re-
search bases and improve science and engineering research and 
education programs at their universities and colleges. 
(b) A State which has received an initial award under such 
Program, whether or not the award was received before or after the 
date of enactment of this Act, shall be eligible for up to 5 years of 
additional support under the program if that State provides assur-
ances of new matching funds and submits an acceptable new plan 
for using Program funds and matching funds to build the research 
capabilities of the State. 
Reports. 
COLLEGE AND UNIVERSITY INNOVATION RESEARCH 
SEC. 114. The Director shall prepare and submit, not later than 
March 1, 1989, a report to the Committee on Labor and Human 
Resources and Committee on Commerce, Science, and Transpor-
tation of the Senate, and the Committee on Science, Space, and 
Technology of the House of Representatives on assisting academic 
researchers at a wide range of colleges and universities, including 
smaller institutions and institutions which do not traditionally 
PUBLIC LAW 100-570—OCT. 31, 1988 
102 STAT. 2871 
receive Federal research funds, to pursue high-quality research of 
economic potential. The report shall— 
(1) describe the procedures, terms, and conditions necessary 
for the establishment of a pn^am patterned after the Small 
Business Innovation Research program to assist collie and 
university faculty to pursue research of economic potential; 
(2) analyze the feasibiUty of establishing funding recoupment 
mechanisms to offset the cost of such assistance; and 
(3) state whether such a program is appropriate and feasible 
and, if so, the steps the Director shall take to establish and 
carry out such a prc^am. 
EARTHQUAKE ENGINEERING RESEARCH 
SEC. 115. (a) The National Academy of Sciences shall conduct a 
study of earthquake engineering activities being carried out by the 
Foundation and other Federal agencies under the Earthquake Haz-
ards Reduction Act of 1977 (42 U.S.C. 7701 et seq.). Such study shall 
include— 
(1) an assessment of the adequacy of each agency's current 
F^eral earthquake engineering efforts, including those de-
signed to increase the implementation of new techniques; the 
need for specialized research facilities, including large-scale 
facilities; the division of responsibilities among the various 
Federal agencies; and recommended levels of funding that the 
Foundation and other agencies should provide, in the form of 
grants to individuals, groups, and centers, to non-Federal 
researchers principally engaged in earthquake engineering 
research; and 
(2) recommendations, if any, of the National Academy of 
Sciences for improvements in the current Federal efforts in the 
area of earthquake engineering research. 
(b) The results of the study required by subsection (a) of this 
section shall be reported to the Congress on or before the expiration 
of the 12-month period following the date of enactment of this Act. 
(c) In carrying out such study, the National Academy of Sciences 
is authorized to call upon any agency, department, or other 
instrumentality or entity of the United States for cooperation, and 
such agency, department, instrumentality, or entity shall provide 
such cooperation. 
DESALINATION REPORT 
SEC. 116. The Office of Science and Technology Policy shall pre-
pare and submit a report to the Congress not later than December 1, 
1988, on desalination research and technology. The report shall— 
(1) describe the state of desalination research and technology 
being conducted by agencies of the Federal Government; 
(2) recommend an agency of the Federal Government to be 
the lead agency on desalination research and technology; 
(3) recommend ways to spur research and technology to 
decrease the cost of desalination; and 
(4) recommend how desalination research and technology can 
be used as a component of the foreign assistance program of the 
United States. 
42 u s e 7704 
note. 
Reports. 
102 STAT. 2872 
PUBLIC LAW 100-570—OCT. 31, 1988 
PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE 
42 use 1881b. 
SEC. 117. (a)(1)(A) The President is authorized to make Presi-
dential Awards for Excellence in Mathematics and Science Teaching 
to kindergarten through grade 12 school teachers of mathematics 
and science who have demonstrated outstanding teaching ability in 
the field of teaching mathematics or science. 
(B) Each year the President is authorized to make no fewer than 
108 awards under subparagraph (A). In selecting teachers for an 
award authorized by this subsection, the President shall select at 
least two teachers— 
(i) from each of the several States; 
(ii) from the District of Columbia; 
(iii) from the Commonwealth of Puerto Rico; 
(iv) from among the Trust Territory of the Pacific Islands, the 
Commonwealth of the Northern Mariana Islands, and other 
commonwealths, territories, and possessions of the United 
States; and 
(v) from the United States Department of Defense Depend-
ents' School. 
(2) The President shall carry out this subsection, including the 
establishment of the selection procedures, after consultation with 
the Director and other appropriate officials of Federal agencies. 
(3)(A) Funds to carry out this subsection for any fiscal year shall 
be made available from amounts appropriated pursuant to annual 
authorization of appropriations for the Foundation for Science and 
Engineering Education. 
(B) Amounts made available pursuant to subparagraph (A) shall 
be available for making awards under this subsection, for adminis-
trative expenses, for necessary travel by teachers selected under this 
subsection, and for special activities related to carrying out this 
subsection. 
(bXl) Part C of title II of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 2701 et seq.), as amended by the Augustus F. 
Hawkins-Robert T. Stafford Elementary and Secondary School 
Improvement Amendments of 1988, is amended to read as follows: 
"PART C—PRESIDENTIAL AWARDS FOR TEACHING 
EXCELLENCE IN FOREIGN LANGUAGES 
20 u s e 3011. 
"SEC. 2201. PRESIDENTIAL AWARDS. 
"(a) GENERAL AUTHORITY.—The President is authorized to make 
Presidential Awards for Teaching Excellence in Foreign Languages 
to elementary and secondary school teachers of foreign languages 
who have demonstrated outstanding teaching ability in the field of 
teaching foreign languages. 
"(b) LIMITATIONS.—Each year the President is authorized to make 
108 awards under subsection (a). In selecting elementary and second-
ary school teachers for an award authorized by this section, the 
President shall select at least one elementary school teacher and 
one secondary school teacher— 
"(1) from each of the several States; 
"(2) from the District of Columbia; 
"(3) from the Commonwealth of Puerto Rico; 
"(4) from among the Trust Territory of the Pacific Islands, the 
Commonwealth of the Northern Mariana Islands, and other 
PUBLIC LAW 100-570—OCT. 31, 1988 
102 STAT. 2873 
commonwealths, territories, and possessions of the United 
States; and 
"(5) from the United States Department of Defense Depend-
ents' School. 
"SEC. 2202. ADMINISTRATIVE PROVISIONS. 
"(a) IN GENERAL.—There are authorized to be appropriated 
$1,000,000 for each fiscal year to carry out this part. 
"0)) AvAiLABiUTY.—Amounts appropriated pursuant to subsection 
(a) shall be available for meiking awards under this part, for 
administrative expenses, for necessary travel by teachers selected 
under this part, and for special activities related to carrying out this 
part.". 
(2) The items in the table of contents of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.) relating to 
part C of title II are amended to read as follows: 
"PART C—PRESIDENTIAL AWARDS FOR TEACHING 
EXCELLENCE IN FOREIGN LANGUAGES 
"Sec. 2201. Presidential awards. 
"Sec. 2202. Administrative provisions.". 
20 u s e 3012. 
DRUG-FREE WORKPLACE 
SEC. 118. (a) No funds authorized to be appropriated under this 
Act, or under any other Act authorizing appropriations for fiscal 
year 1989 through 1993 for the Foundation, shall be obligated or 
expended unless the Foundation h£is in place, and will continue to 
administer in good faith, a written policy designed to ensure that all 
of its workplaces are free from the illegal use, possession, or dis-
tribution of controlled substances (as defined in the Controlled 
Substances Act) by the officers and employees of the Foundation. 
O
t
)
) No funds authorized to be appropriated to the Foundation for 
fiscal years 1989 through 1993 shall be available for payment in 
connection with any grant, contract, or other agreement, unless the 
recipient of such grant, contractor, or party to such agreement, as 
the case may be, has in place and will continue to administer in good 
faith a written policy, adopted by the board of directors or other 
governing authority of such recipient, contractor, or party, satisfac-
tory to the Director of the Foundation, designed to ensure that all of 
the workplaces of such recipient, contractor, or party are free from 
the illegal use, possession, or distribution of controlled substances 
(as defined in the Controlled Substances Act) by the officers and 
employees of such recipient, contractor, or party. 
TITLE II—ACADEMIC RESEARCH FACILITIES 
MODERNIZATION 
SHORT TITLE 
SEC. 201. This title may be cited 
Facilities Modernization Act of 1988". 
as the "Academic Research 
42 u s e 1875 
note. 
Academic 
Research 
Facilities 
Modernization 
Act of 1988. 
42 u s e 1861 
note. 
FINDINGS AND PURPOSE 
SEC. 202. (a) The Congress finds that— 
42 u s e 1862a. 
102 STAT. 2874 
PUBLIC LAW 100-570—OCT. 31, 1988 
(1) the fundamental research and related education pn^ram 
supported by the Federal Government and conducted by the 
Nation's universities and collies are essential to our national 
security, and to our health, economic welfare, and general well-
being; 
(2) many national research and related education programs 
conducted by universities and collies are now hindered by 
obsolete research buildings and equipment, and many institu-
tions lack sufficient resources to repair, renovate, or replace 
their laboratories; 
(3) the Nation's capacity to conduct high quality research and 
education programs and to maintain its competitive position at 
the forefront of modem 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 
is needed, and national. State, and local policies and cooperative 
programs are required that will yield maximum return on the 
investment of scarce national resources and sustain a commit-
ment to excellence in research and education; and 
(5) the Foundation, as part of its responsibility for maintain-
ing the vitality of the Nation's academic research, and in 
psutnership with the States, industry, and universities and 
collies, must assist in enhancing the historic linkages between 
Federal investment in academic research and training and 
investment in the research capital base by reinvesting in the 
capital facilities which modem research and education pro-
grams require. 
(b) It is the purpose of this title to assist in modernizing and 
revitalizing the Nation's research facilities at institutions of higher 
education, independent non-profit research institutions and re-
search museums, and consortia thereof, through capital investment. 
ESTABLISHMENT OF PROGRAM 
42 use 1862b. 
SEC. 203. (aXD To carry out this title, the Director shall establish 
and carry out a new Academic Research Facilities Modernization 
Program (hereafter in this title referred to as the "Program"), under 
which awards are made to institutions of h^her 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 faciliti^ 
primarily devoted to research. 
(2) Such awards shall, consistent with the functions of the Founda-
tion set forth in section 3 of the National Science Foundation Act of 
1950 (42 U.S.C. 1862) and through established Foundation selection 
procedures, serve to— 
(A) promote the modernization of graduate academic science 
€md engineering research laboratories and related facilities so 
as to ^cilitate and support research in the scientific and 
engineering disciplines; 
03) assist those academic institutions that historically have 
received relatively little Federal research and development 
funds to improve their academic science and engineering infra-
structures and broaden and strengthen the Nation's science and 
engineering base; and 
PUBLIC LAW 100-570—OCT. 31, 1988 
102 STAT. 2875 
(C) promote the modernization of undergraduate academic 
science and engineering research laboratories and related facili-
ties so as to facilitate and support research in the scientific and 
engineering disciplines. 
(bXD 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 204 of this Act. 
(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 replace-
ment 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 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 excep-
tional 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 train-
ing needs; 
(5) in the csise 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 distribu-
tion of awards made under the Program, with the objective of 
avoiding undue concentration of awards. 
PROCEDURES, GUIDEUNES, AND PLANNING ACTIVITIES 
SEC. 204. (a)(1) The Director shall, consistent with the objectives of 42 USC I862c. 
the Program and the criteria set forth in section 203(c) of this Act, 
set forth procedures for the Program. 
(2) The procedures so prescribed shall contain such terms, condi-
tions, and guidelines as may be necessary in the light of Program 
j 
objectives, but shall in any event provide that— 
102 STAT. 2876 
PUBLIC LAW 100-570—OCT. 31, 1988 
(A) funds to carry out the Program will be awarded only on 
the basis of merit after a comprehensive review using estab-
lished Foundation procedures; 
(B) the membership of merit review panels that assess propos-
als will be broadly representative of eligible institutions, includ-
ing 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, Collies, and Selected Nonprofit Institutions"; and 
(D) to the extent practicable, eligible institutions of a given 
type will compete against similar institutions for Program 
awards. 
Oi) The Director shall conduct comprehensive planning activities, 
including surve3rs 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. 
Federal 
(c) ftior to the issuance of the comprehensive plan required by 
Register, 
subsection (d) of this section, and consistent with the Program 
publication. 
criteria set forth in section 203(c) of this Act, the Director shall 
publish in the Federal Register proposed Prc^am guidelines for 
public review for a comment period of 30 da3rs. 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 edu-
cation", "private non-profit research organizations", "research 
museums , "consortia", "facilities", "facilities primarily de-
voted to research", "instrumentation", "equipment", "repair", 
"renovation", and "replacement"; 
(2) selection criteria to be used by the Foundation in evaluat-
ing 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 matehing a Progfram award with con-
tributions from non-Federal sources. 
(d) 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 re-
search and development funding will receive substantial 
percent£^es of the funds awarded under this title; 
(3) stat^ the estimated percentage of Prog^ram funds avail-
able for each cat^ory of eligible institutions, including 
PUBLIC LAW 100-570—OCT. 31, 1988 
102 STAT. 2877 
predominantly undergraduate institutions and colleges and 
universities that historically have received little Federal re-
search and development funding as well as research univer-
sities; 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 substan-
tial 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 as-
pects of the renovation, repair, and replacement of aca-
demic research facilities; 
(C) progremimatic approaches that recognize and support 
excellence, strengthen scientific and engineering research 
potential and, to the maximum extent possible and consist-
ent 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 Pro-
gram and further meet the purposes of this title. 
(e) The Director shall prepare emd submit, not later than June 15, Reports 
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 Transpor-
tation of the Senate and the Committee on Science, Space, and 
Technology of the House of Representatives. 
(f) Final guidelines shall be published in the Federal Register not 
later than 45 days after the submission of the report required under 
subsection (e). 
(g) 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) In conducting the activities under the Program, the Director 
shall consult with the Secretary of Education and the heads of other 
related agencies. 
Federal 
Register, 
publication. 
SET-ASIDE FOR CERTAIN INSTITUTIONS 
SEC. 205. Of the amounts appropriated to the Foundation for the 
Program, as authorized under section 101 of this Act, in each fiscal 
year, at least 12 percent shall be reserved for historically Black 
42 u s e 1862d. 
102 STAT. 2878 
PUBLIC LAW 100-570—OCT. 31, 1988 
colI^;es or universities defined as "part B institutions" by section 
322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)) and 
other institutions of higher education whose enrollment includes a 
substantial percentage of students who are Black Americans, His-
panic Americans, or Native Americans. 
CONFORMING AMENDMENT 
42 use 1861 
SEC. 206. Subtitle E of title IV (sections 6401-6403) of the Omnibus 
"ade and Competitiveness Ac 
Approved October 31, 1988. 
?o*e, 1862a, 
Trade and Competitiveness Act of 1988 is repealed 
LEGISLATIVE HISTORY—H.R. 4418 (S. 1632): 
HOUSE REPORTS: No. 100-649 (Comm. on Science, Space, and Technology). 
SENATE REPORTS: No. 100-148 (Comm. on Labor and Human Resources) and No. 
100-331 (Comm. on Commerce, Science, and Transportation) 
both accompanying S. 1632. 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 9, considered and passed House. 
June 17, S. 1632 considered in Senate; proceedings vacated and H.R. 4418, 
amended, passed in lieu. 
Sept. 27, House concurred in certain Senate amendment, in another with 
an amendment. 
Oct. 14, Senate concurred in House amendment.