US (United States) Code. Title 42. Chapter 16: National Science Foundation

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42 USC CHAPTER 16 - NATIONAL SCIENCE FOUNDATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-MISC1-

Sec.

1861. Establishment; composition.

1862. Functions.

(a) Initiation and support of studies and programs;

scholarships; current register of scientific

and engineering personnel.

(b) Contracts, grants, loans, etc., for scientific

and engineering activities; financing of

programs.

(c) Scientific and engineering research programs at

academic and other nonprofit institutions;

applied scientific and engineering research

programs by Presidential directive; employment

of consulting services; coordination of

activities.

(d) Promotion of research and education in science

and engineering.

(e) Balancing of research and educational

activities in the sciences and engineering.

(f) Annual report to the President and Congress.

(g) Support of access to computer networks.

1862a. Findings and purpose.

1862b. Establishment of Program.

(a) Establishment; purpose.

(b) Improvement projects; maximum amounts.

(c) Criteria for award of funds.

1862c. Procedures, guidelines, and planning activities.

(a) Procedures.

(b) Comprehensive planning activities.

(c) Guidelines.

(d) Comprehensive plan.

(e) Report.

(f) Final guidelines.

(g) Amount available for this section.

(h) Consultation with Secretary of Education and

heads of other agencies.

1862d. Set-aside for certain institutions.

1862e. Evaluations of research centers.

1862f. Research center consortia.

1862g. Experimental Program to Stimulate Competitive

Research.

1862h. Congressional statement of findings and declaration of

purposes respecting scientific and technical

education and training.

(a) Findings.

(b) Purposes.

1862i. Scientific and technical education.

(a) National advanced scientific and technical

education program.

(b) National centers of scientific and technical

education.

(c) Articulation partnerships.

(d) Coordination with other Federal departments.

(e) Limitation on funding.

(f) Functions of Director.

(g) Definitions.

1862j. Authorization of appropriations.

1862k. Findings; core strategies.

(a) Findings.

(b) Core strategies.

1862l. National research facilities.

(a) Facilities plan.

(b) Status of facilities under construction.

1862m. Financial disclosure.

1862n. Mathematics and science education partnerships.

(a) Program authorized.

(b) Selection process.

(c) Accountability and dissemination.

1862n-1. Robert Noyce Scholarship Program.

(a) Scholarship program.

(b) Selection process.

(c) Scholarship requirements.

(d) Stipends.

(e) Conditions of support.

(f) Collection for noncompliance.

(g) Failure to complete service obligation.

(h) Data collection.

(i) Definitions.

1862n-2. Establishment of centers for research on mathematics

and science learning and education improvement.

(a) Establishment.

(b) Selection process.

(c) Annual conference.

(d) Coordination.

1862n-3. Duplication of programs.

(a) In general.

(b) Implementation.

(c) Report.

1862n-4. Major research equipment and facilities construction

plan.

(a) Prioritization of proposed major research

equipment and facilities construction.

(b) Omitted.

(c) Project management.

(d) Board approval of major research equipment and

facilities projects.

(e) National Academy of Sciences study on major

research equipment and facilities

construction.

1862n-5. Board meetings; audits; reports; scholarship

eligibility.

(a) Board meetings.

(b),

(c) Omitted.

(d) Scholarship eligibility.

1862n-6. Undergraduate education reform.

(a) In general.

(b) Uses of funds.

(c) Selection process.

1862n-7. Reports.

(a) Grant size and duration.

(b) Faculty.

(c) Grant funding.

(d) Study of broadband network access for schools

and libraries.

(e) Minority-serving institution funding.

1862n-8. Evaluations.

(a) Education.

(b) Awards.

(c) Dissemination.

1862n-9. Astronomy and Astrophysics Advisory Committee.

(a) Establishment.

(b) Duties.

(c) Membership.

(d) Selection process.

(e) Chairperson.

(f) Coordination.

(g) Compensation.

(h) Meetings.

(i) Quorum.

(j) Duration.

1862n-10. Minority-serving institutions undergraduate program.

(a) In general.

(b) Program components.

(c) Program coordination.

(d) Instrumentation.

1863. National Science Board.

(a) Composition; appointment; establishment of

policies of the Foundation.

(b) Executive Committee; delegation of powers and

functions.

(c) Meetings; nominations; quorum; notice.

(d) Term of office; reappointment.

(e) Meetings; quorum; notice.

(f) Election of Chairman and Vice Chairman;

vacancy.

(g) Appointment and assignment of staff;

compensation; security requirements.

(h) Special commissions.

(i) Committees; survey and advisory functions.

(j) Report to President; submittal to Congress.

(k) Closed meetings.

(l) Financial disclosure report for Board members.

1864. Director of Foundation.

(a) Appointment; compensation; term of office.

(b) Exercise of authority of Foundation; actions as

final and binding upon the Foundation.

(c) Delegation and redelegation of functions.

(d) Formulation of programs.

(e) Authority to grant, contract, etc.; delegation

of authority or imposition of conditions;

reporting requirement.

(f) Status; power to vote and hold office.

1864a. Deputy Director of the Foundation.

1865. Executive Committee.

(a) Composition; powers and functions; membership;

chairman.

(b) Election to membership; term of office;

eligibility for reelection.

(c) Term of vacancy appointment.

(d) Reports; minority views.

1866. Divisions within Foundation.

1867. Repealed.

1868. Special commissions.

1869. Scholarships and graduate fellowships.

1869a. Contracts for precollege science or engineering

curriculum development activities; inspection of

materials by parent or guardian.

1869b. Issuance of instructions to grantees of pre-college

curriculum projects.

1869c. Low-income scholarship program.

(1) Establishment.

(2) Eligibility.

(3) Limitation.

(4) Funding.

1870. General authority of Foundation.

1870a. Buy-American requirements.

(a) Award of contracts.

(b) Report.

(c) Definitions.

1871. Disposition of inventions produced under contracts or

other arrangements.

1872. International cooperation and coordination with

foreign policy.

1872a. Repealed.

1873. Employment of personnel.

(a) Appointment; compensation; application of civil

service provisions; technical and professional

personnel; members of special commissions;

temporary appointments; travel expenses.

(b) Operation of laboratories and pilot plants.

(c) Compensation of members of Board and special

commissions.

(d) Federal officers as members of special

commissions; compensation.

(e) Utilization of appropriations in making

contracts.

(f) Transfer of research and education funds of

other Government departments or agencies.

(g) "United States" defined.

(h) Expiration of authorization.

(i) Public disclosure of information.

1873a. Repealed.

1874. Security provisions.

(a) Nuclear energy research and development.

(b) Research relating to national defense.

1875. Appropriations.

1876 to 1879. Repealed.

1880. National Medal of Science.

1881. Award of National Medal of Science.

(a) Recommendations.

(b) Number.

(c) Citizenship.

(d) Ceremonies.

1881a. Alan T. Waterman Award.

(a) Establishment; amounts; terms.

(b) Purpose.

(c) Number.

1881b. Presidential awards for teaching excellence.

1882. Information furnished to Congressional committees.

1883. Office of Small Business Research and Development.

1884. Repealed.

1885. Congressional statement of findings and declaration of

policy respecting equal opportunities in science and

engineering.

1885a. Women in science and engineering; support of

activities by Foundation for promotion, etc.

1885b. Participation in science and engineering of minorities

and persons with disabilities.

1885c. Committee on Equal Opportunities in Science and

Engineering.

(a) Establishment; purposes.

(b) Membership; Chairperson; term of members.

(c) Responsibilities of Committee.

(d) Standing or ad hoc subcommittees.

(e) Biennial report.

1885d. Biennial reports.

1886. Data collection and analysis.

1887. Indemnification of grantees, contractors, and

subcontractors under ocean drilling program;

approvals and certifications by Director.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 15 section 3707; title 20

section 3444.

-End-

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42 USC Sec. 1861 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1861. Establishment; composition

-STATUTE-

There is established in the executive branch of the Government an

independent agency to be known as the National Science Foundation

(hereinafter referred to as the "Foundation"). The Foundation shall

consist of a National Science Board (hereinafter referred to as the

"Board") and a Director.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 2, 64 Stat. 149.)

-MISC1-

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-368, Sec. 1, Dec. 19, 2002, 116 Stat. 3034, provided

that: "This Act [enacting sections 1862n to 1862n-10 of this title,

amending sections 1862i, 1862l, 1863, 1873, and 1885 of this title,

enacting provisions set out as notes under sections 1862b, 1862g,

1862n, 1864, and 1885c of this title, and amending provisions set

out as a note under section 1862k of this title] may be cited as

the 'National Science Foundation Authorization Act of 2002'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-207, Sec. 1, July 29, 1998, 112 Stat. 869, provided

that: "This Act [enacting sections 1862k to 1862m of this title,

amending sections 1862, 1863, 1864, 1873, 1874, 1881a, 1881b,

1885b, 1885c, and 6686 of this title, and enacting provisions set

out as notes under sections 1862k and 6686 of this title] may be

cited as the 'National Science Foundation Authorization Act of

1998'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-476, Sec. 1, Oct. 23, 1992, 106 Stat. 2297, provided

that: "This Act [enacting sections 1862h to 1862j of this title and

amending section 1862 of this title] may be cited as the

'Scientific and Advanced-Technology Act of 1992'."

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100-570, Sec. 1, Oct. 31, 1988, 102 Stat. 2865, provided

that: "This Act [enacting sections 1862a to 1862g, 1870a, and 1881b

of this title, amending sections 1863, 1873, 1874, and 1885c of

this title and sections 3011 to 3013 of Title 20, Education,

repealing former sections 1862a and 1862b of this title, enacting

provisions set out as notes under sections 1861, 1875, and 7704 of

this title and section 3911 of Title 20, and repealing provisions

set out as a note under section 1861 of this title] may be cited as

the 'National Science Foundation Authorization Act of 1988'."

Pub. L. 100-570, title II, Sec. 201, Oct. 31, 1988, 102 Stat.

2873, provided that: "This title [enacting sections 1862a to 1862d

of this title, repealing former sections 1862a and 1862b of this

title, and repealing provisions set out as a note under section

1861 of this title] may be cited as the 'Academic Research

Facilities Modernization Act of 1988'."

Pub. L. 100-418, title VI, Sec. 6401, Aug. 23, 1988, 102 Stat.

1542, which provided that subtitle E (Secs. 6401-6403) of title VI

of Pub. L. 100-418, enacting sections 1862a and 1862b of this

title, was to be cited as the "National Science Foundation

University Infrastructure Act of 1988", was repealed by Pub. L.

100-570, title II, Sec. 206, Oct. 31, 1988, 102 Stat. 2878.

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-383, Sec. 1, Aug. 21, 1986, 100 Stat. 813, provided:

"That this Act [amending sections 1862, 1864a, 1869, and 1870 of

this title and section 5316 of Title 5, Government Organization and

Employees, repealing sections 1876 to 1879 of this title, and

enacting provisions set out as notes under sections 1885a and 6614

of this title] may be cited as the 'National Science Foundation

Authorization Act for Fiscal Year 1987'."

SHORT TITLE OF 1985 AMENDMENT

Pub. L. 99-159, title I, Sec. 101, Nov. 22, 1985, 99 Stat. 887,

provided that: "This title [enacting section 1886 of this title,

amending sections 1862, 1863, 1864, 1868 to 1872, 1873, 1874,

1881a, 1882, and 1885 to 1885d of this title, repealing sections

1873a and 1884 of this title, and amending provisions set out as

notes under sections 1861 and 1882 of this title] may be cited as

the 'National Science Foundation Authorization Act for Fiscal Year

1986'."

SHORT TITLE OF 1980 AMENDMENT

Pub. L. 96-516, Sec. 1, Dec. 12, 1980, 94 Stat. 3007, as amended

by Pub. L. 99-159, title I, Sec. 111(a), Nov. 22, 1985, 99 Stat.

892, provided: "That this Act [enacting sections 1885 to 1885d of

this title, amending sections 1863, 1874, 1875, 1881, and 1881a of

this title, and enacting provisions set out as notes under sections

1861, 1864, 1866, and 1885 of this title] may be cited as the

'National Science Foundation Authorization and Science and

Engineering Equal Opportunities Act'."

Pub. L. 96-516, Sec. 31, Dec. 12, 1980, 94 Stat. 3010, as amended

by Pub. L. 99-159, title I, Sec. 111(b)(1), Nov. 22, 1985, 99 Stat.

892, provided that: "This part [part B (Secs. 31-39), enacting

sections 1885 to 1885d of this title, and provisions set out as

notes under section 1885 of this title] may be cited as the

'Science and Engineering Equal Opportunities Act'."

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-99, Sec. 1, Aug. 15, 1977, 91 Stat. 831, provided:

"That this Act [enacting sections 1869b, 1873a, and 1884 of this

title, amending sections 1862, 1863, 1873, and 1882 of this title,

and enacting provisions set out as a note under section 1862 of

this title] may be cited as the 'National Science Foundation

Authorization Act, Fiscal Year 1978'."

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-471, Sec. 1, Oct. 11, 1976, 90 Stat. 2053, provided:

"That this Act [enacting sections 1882 and 1883 of this title,

amending section 1863 of this title, and enacting provisions set

out as notes under sections 1862, 1864, 1873, and 5820 of this

title] may be cited as the 'National Science Foundation

Authorization Act, 1977'."

SHORT TITLE

Section 1 of act May 10, 1950, provided: "That this Act [enacting

this chapter] may be cited as the 'National Science Foundation Act

of 1950'."

-TRANS-

TRANSFER OF FUNCTIONS

Office of Science and Technology, including offices of Director

and Deputy Director, provided for by sections 1 and 2 of Reorg.

Plan No. 2 of 1962, abolished and all functions vested by law in

Office of Science and Technology or Director or Deputy Director of

Office of Science and Technology transferred to Director of

National Science Foundation by sections 2 and 3(a)(5) of Reorg.

Plan No. 1 of 1973, eff. July 1, 1973, set out in the Appendix to

Title 5, Government Organization and Employees.

-MISC2-

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION

Amendments by Pub. L. 90-407, July 18, 1868, 82 Stat. 360,

intended to continue in effect the existing offices, procedures,

and organization of the Foundation as provided by this chapter,

part II of Reorg. Plan No. 2 of 1962 [set out below], and Reorg.

Plan, No. 5 of 1965 [set out in Appendix to Title 5, Government

Organization and Employees], but on and after July 18, 1968, part

II of Reorg. Plan No. 2 of 1962, and Reorg. Plan No. 5 of 1965, as

being of no force or affect, and nothing in Pub. L. 90-407 as

altering or affecting any transfers of functions made by part I of

Reorg. Plan No. 2 of 1962, see section 16 of Pub. L. 90-407, set

out as Continuation of Existing Offices, Procedures, and

Organization of the National Science Foundation note under section

1862 of this title.

REORGANIZATION PLAN NO. 2 OF 1962

Eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, as amended Pub. L.

88-426, title III, Sec. 305(41), Aug. 14, 1964, 78 Stat. 427;

Pub. L. 94-282, title V, Sec. 502, May 11, 1976, 90 Stat. 472

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 29, 1962,

pursuant to the provisions of the Reorganization Act of 1949, 63

Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

CERTAIN SCIENCE AGENCIES AND FUNCTIONS

PART I - OFFICE OF SCIENCE AND TECHNOLOGY

Sec. 1. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11,

1976, 90 Stat. 472. Section established, in Executive Office of the

President, the Office of Science and Technology.]

Sec. 2. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11,

1976, 90 Stat. 472. Section as amended by Pub. L. 88-426, title

III, Sec. 305(41)(A), (B), Aug. 14, 1964, 78 Stat. 427, 428,

authorized appointment of Director and Deputy Director of Office of

Science and Technology by the President by and with the advice and

consent of the Senate.]

Sec. 3. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11,

1976, 90 Stat. 472. Section transferred to Director of the Office

of Science and Technology, from National Science Foundation,

certain functions formerly conferred upon the Foundation.]

Sec. 4. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11,

1976, 90 Stat. 472. Section authorized Director of the Office of

Science and Technology to appoint employees necessary for work of

the Office under classified civil service and to fix their

compensation in accordance with the classification laws.]

PART II - NATIONAL SCIENCE FOUNDATION

SECTION 21. EXECUTIVE COMMITTEE

(a) There is hereby established the Executive Committee of the

National Science Board, hereafter in this Part referred to as the

Executive Committee, which shall be composed of five voting

members. Four of the members shall be elected as hereinafter

provided. The Director provided for in section 22 of this

reorganization plan, ex officio, shall be the fifth member and the

chairman of the Executive Committee.

(b) At its annual meeting held in 1964 and at each of its

succeeding annual meetings the National Science Board, hereafter in

this Part referred to as the Board, shall elect two of its members

as members of the Executive Committee, and the Executive Committee

members so elected shall hold office for two years from the date of

their election. Any person who has been a member of the Executive

Committee (established by this reorganization plan) for six

consecutive years shall thereafter be ineligible for service as a

member thereof during the two-year period following the expiration

of such sixth year. For the purposes of this subsection, the period

between any two consecutive annual meetings of the Board shall be

deemed to be one year.

(c) At its first meeting held after the effective date of this

section the Board shall elect four of its members as members of the

Executive Committee. As designated by the Board, two of the

Executive Committee members so elected shall hold office as such

members until the date of the annual meeting of the Board held in

1964 and the other two members so elected shall hold such office

until the annual meeting of the Board held in 1965.

(d) Any person elected as a member of the Executive Committee to

fill a vacancy occurring prior to the expiration of the term for

which his predecessor was elected shall be elected for the

remainder of such term.

(e) The functions conferred upon the Executive Committee now

existing under the provisions of the National Science Foundation

Act of 1950 [42 U.S.C. 1861 et seq.], by the provisions of section

6 of the National Science Foundation Act of 1950 (42 U.S.C. 1865)

or otherwise, are hereby transferred to the Executive Committee

established by the provisions of this Part; and the authority of

the National Science Board to assign its powers and functions to

the now-existing Executive Committee, and statutory limitations

upon such assignment, shall hereafter be applicable to the

Executive Committee established by the provisions of this Part.

SEC. 22. DIRECTOR

(a) There is hereby established in the National Science

Foundation a new office with the title of Director of the National

Science Foundation. The Director of the National Science

Foundation, hereafter in this Part referred to as the Director,

shall be appointed by the President by and with the advice and

consent of the Senate. Before any person is appointed as Director

the President shall afford the Board an opportunity to make

recommendations to him with respect to such appointment. The

Director shall serve for a term of six years unless sooner removed

by the President. The Director shall not engage in any business,

vocation or employment other than that of serving as such Director,

nor shall he, except with the approval of the Board, hold any

office in, or act in any capacity for, any organization, agency, or

institution with which the Foundation makes any contract or other

arrangement under the National Science Foundation Act of 1950 [42

U.S.C. 1861 et seq.].

(b) Except to the extent inconsistent with the provisions of

section 23(b)(2) of this reorganization plan, all functions of the

office of Director of the National Science Foundation abolished by

the provisions of 23(a)(2) hereof are hereby transferred to the

office of Director established by the provisions of subsection (a)

of this section.

(c) The Director, ex officio, shall be an additional member of

the Board and, except in respect of compensation and tenure, shall

be coordinate with other members of the Board. He shall be a voting

member of the Board and shall be eligible for election by the Board

as chairman or vice chairman of the Board. [As amended Pub. L.

88-426, title III, Sec. 305(41)(C), Aug. 14, 1964, 78 Stat. 428.]

SEC. 23. ABOLITIONS

(a) The following agencies, now existing under the National

Science Foundation Act of 1950 [42 U.S.C. 1861 et seq.], are hereby

abolished:

(1) The Executive Committee of the National Science Board

(section 6 of Act; 42 U.S.C. 1865).

(2) The office of Director of the National Science Foundation

(sections 2 and 5 of Act; 42 U.S.C. 1861, 1864).

(b) There are also hereby abolished:

(1) The functions conferred upon the National Science Board by

that part of section 6(a) of the National Science Foundation Act of

1950 (42 U.S.C. 1865(a)) which reads "The Board is authorized to

appoint from among its members an Executive Committee".

(2) The functions of the Director of the National Science

Foundation provided for in sections 4(a) and 5(a) of the National

Science Foundation Act of 1950 (42 U.S.C. 1863(a), 1864(a)) with

respect to serving as a nonvoting member of the Board and his

functions with respect to serving as a nonvoting member of the

Executive Committee provided for in section 6(b) of that Act (42

U.S.C. 1865(b)).

(3) So much of the functions conferred upon divisional committees

by the provisions of section 8(d) of the National Science

Foundation Act of 1950 (42 U.S.C. 1867(d)) as consists of making

recommendations to, and advising and consulting with, the Board.

(c) The provisions of sections 23(a)(1) and 23(b)(1) hereof shall

become effective on the date of the first meeting of the Board held

after the effective date of the other provisions of this

reorganization plan.

PART III. TRANSITIONAL PROVISIONS

SECTION 31. INCIDENTAL TRANSFERS

(a) So much of the personnel, property, records, and unexpended

balances of appropriations, allocations, and other funds employed,

held, used, available, or to be made available, in connection with

the functions transferred by the provisions of section 3 of this

reorganization plan as the Director of the Bureau of the Budget

shall determine shall be transferred to the Office of Science and

Technology at such time or times as the said Director shall direct.

(b) Such further measures and dispositions as the Director of the

Bureau of the Budget shall deem to be necessary in order to

effectuate the transfers provided for in subsection (a) of this

section shall be carried out in such manner as he shall direct and

by such agencies as he shall designate.

SEC. 32. INTERIM OFFICERS

(a) The President may authorize any person who immediately prior

to the effective date of Part I of the reorganization plan holds a

position in the Executive Office of the President to act as

Director of the Office of Science and Technology until the office

of Director is for the first time filled pursuant to the provisions

of this reorganization plan or by recess appointment, as the case

may be.

(b) The President may authorize any person who immediately prior

to the effective date of section 22 of this reorganization plan

holds any office existing under the provisions of the National

Science Foundation Act of 1950 [42 U.S.C. 1861 et seq.] to act as

Director of the National Science Foundation until the Office of

Director is for the first time filled pursuant to the provisions of

this reorganization plan or by recess appointment, as the case may

be.

(c) The President may authorize any person who serves in an

acting capacity under the foregoing provisions of this section to

receive the compensation attached to the office in respect of which

he so serves. Such compensation, if authorized, shall be in lieu

of, but not in addition to, other compensation from the United

States to which such person may be entitled.

[Amendments by Pub. L. 90-407, July 18, 1968, 82 Stat. 360,

intended to continue in effect the existing offices, procedures,

and organization of the National Science Foundation as provided by

this chapter, part II of Reorg. Plan No. 2 of 1962, and Reorg. Plan

No. 5 of 1965, but on and after July 18, 1968, part II of Reorg.

Plan No. 2 of 1962, and Reorg. Plan No. 5 of 1965, as being of no

force or effect, and nothing in Pub. L. 90-407 as altering or

affecting any transfers of functions made by part I of Reorg. Plan

No. 2 of 1962, see section 16 of Pub. L. 90-407, set out as

Continuation of Existing Offices, Procedures, and Organization of

the National Science Foundation note under section 1862 of this

title.]

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 2 of 1962, prepared

in accordance with the provisions of the Reorganization Act of

1949, as amended, and providing for certain reorganizations in the

field of science and technology.

Part I of the reorganization plan establishes the Office of

Science and Technology as a new unit within the Executive Office of

the President; places at the head thereof a Director appointed by

the President by and with the advice and consent of the Senate and

makes provision for a Deputy Director similarly appointed; and

transfers to the Director certain functions of the National Science

Foundation under sections 3(a)(1) and 3(a)(6) of the National

Science Foundation Act of 1950.

The new arrangements incorporated in part I of the reorganization

plan will constitute an important development in executive branch

organization for science and technology. Under those arrangements

the President will have permanent staff resources capable of

advising and assisting him on matters of national policy affected

by or pertaining to science and technology. Considering the rapid

growth and far-reaching scope of Federal activities in science and

technology, it is imperative that the President have adequate staff

support in developing policies and evaluating programs in order to

assure that science and technology are used most effectively in the

interests of national security and general welfare.

To this end it is contemplated that the Director will assist the

President in discharging the responsibility of the President for

the proper coordination of Federal science and technology

functions. More particularly, it is expected that he will advise

and assist the President as the President may request with respect

to -

(1) Major policies, plans, and programs of science and

technology of the various agencies of the Federal Government,

giving appropriate emphasis to the relationship of science and

technology to national security and foreign policy, and measures

for furthering science and technology in the Nation.

(2) Assessment of selected scientific and technical

developments and programs in relation to their impact on national

policies.

(3) Review, integration, and coordination of major Federal

activities in science and technology, giving due consideration to

the effects of such activities on non-Federal resources and

institutions.

(4) Assuring that good close relations exist with the Nation's

scientific and engineering communities so as to further in every

appropriate way their participation in strengthening science and

technology in the United States and the free world.

(5) Such other matters consonant with law as may be assigned by

the President to the Office.

The ever-growing significance and complexity of Federal programs

in science and technology have in recent years necessitated the

taking of several steps for improving the organizational

arrangements of the executive branch in relation to science and

technology:

(1) The National Science Foundation was established in 1950.

The Foundation was created to meet a widely recognized need for

an organization to develop and encourage a national policy for

the promotion of basic research and education in the sciences, to

support basic research, to evaluate research programs undertaken

by Federal agencies, and to perform related functions.

(2) The Office of the Special Assistant to the President for

Science and Technology was established in 1957. The Special

Assistant serves as Chairman of both the President's Science

Advisory Committee and the Federal Council for Science and

Technology, mentioned below.

(3) At the same time, the Science Advisory Committee, composed

of eminent non-Government scientists and engineers, and located

within the Office of Defense Mobilization, was reconstituted in

the White House Office as the President's Science Advisory

Committee.

(4) The Federal Council for Science and Technology, composed of

policy officials of the principal agencies engaged in scientific

and technical activities, was established in 1959.

The National Science Foundation has proved to be an effective

instrument for administering sizable programs in support of basic

research and education in the sciences and has set an example for

other agencies through the administration of its own programs.

However, the Foundation, being at the same organizational level as

other agencies, cannot satisfactorily coordinate Federal science

policies or evaluate programs of other agencies. Science policies,

transcending agency lines, need to be coordinated and shaped at the

level of the Executive Office of the President drawing upon many

resources both within and outside of Government. Similarly, staff

efforts at that higher level are required for the evaluation of

Government programs in science and technology.

Thus, the further steps contained in part I of the reorganization

plan are now needed in order to meet most effectively new and

expanding requirements brought about by the rapid and far-reaching

growth of the Government's research and development programs. These

requirements call for the further strengthening of science

organization at the Presidential level and for the adjustment of

the Foundation's role to reflect changed conditions. The Foundation

will continue to originate policy proposals and recommendations

concerning the support of basic research and education in the

sciences, and the new Office will look to the Foundation to provide

studies and information on which sound national policies in science

and technology can be based.

Part I of the reorganization plan will permit some strengthening

of the staff and consultant resources now available to the

President in respect of scientific and technical factors affecting

executive branch policies and will also facilitate communication

with the Congress.

Part II of the reorganization plan provides for certain

reorganizations within the National Science Foundation which will

strengthen the capability of the Director of the Foundation to

exert leadership and otherwise further the effectiveness of

administration of the Foundation. Specifically:

(1) There is established a new office of Director of the

National Science Foundation and that Director, ex officio, is

made a member of the National Science Board on a basis coordinate

with that of other Board members.

(2) There is substituted for the now-existing Executive

Committee of the National Science Board a new Executive Committee

composed of the Director of the National Science Foundation, ex

officio, as a voting member and Chairman of the Committee, and of

four other members elected by the National Science Board from

among its appointive members.

(3) Committees advisory to each of the divisions of the

Foundation will make their recommendations to the Director only

rather than to both the Director and the National Science Board.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 2 of 1962 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949, as amended.

I have found and hereby declare that it is necessary to include

in the reorganization plan, by reason of reorganizations made

thereby, provisions for the appointment and compensation of the

Director and Deputy Director of the Office of Science and

Technology and of the Director of the National Science Foundation.

The rate of compensation fixed for each of these officers is that

which I have found to prevail in respect of comparable officers in

the executive branch of the Government.

The functions abolished by the provisions of section 23(b) of the

reorganization plan are provided for in sections 4(a), 5(a), 6(a),

6(b), and 8(d) of the National Science Foundation Act of 1950.

The taking effect of the reorganizations included in the

reorganization plan will provide sound organizational arrangements

and will make possible more effective and efficient administration

of Government programs in science and technology. It is, however,

impracticable to itemize at this time the reductions in

expenditures which it is probable will be brought about by such

taking effect.

I recommend that the Congress allow the reorganization plan to

become effective.

John F. Kennedy.

The White House, March 29, 1962.

-End-

-CITE-

42 USC Sec. 1862 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862. Functions

-STATUTE-

(a) Initiation and support of studies and programs; scholarships;

current register of scientific and engineering personnel

The Foundation is authorized and directed -

(1) to initiate and support basic scientific research and

programs to strengthen scientific research potential and science

education programs at all levels in the mathematical, physical,

medical, biological, social, and other sciences, and to initiate

and support research fundamental to the engineering process and

programs to strengthen engineering research potential and

engineering education programs at all levels in the various

fields of engineering, by making contracts or other arrangements

(including grants, loans, and other forms of assistance) to

support such scientific, engineering, and educational activities

and to appraise the impact of research upon industrial

development and upon the general welfare;

(2) to award, as provided in section 1869 of this title,

scholarships and graduate fellowships for study and research in

the sciences or in engineering;

(3) to foster the interchange of scientific and engineering

information among scientists and engineers in the United States

and foreign countries;

(4) to foster and support the development and use of computer

and other scientific and engineering methods and technologies,

primarily for research and education in the sciences and

engineering;

(5) to evaluate the status and needs of the various sciences

and fields of engineering as evidenced by programs, projects, and

studies undertaken by agencies of the Federal Government, by

individuals, and by public and private research groups, employing

by grant or contract such consulting services as it may deem

necessary for the purpose of such evaluations; and to take into

consideration the results of such evaluations in correlating the

research and educational programs undertaken or supported by the

Foundation with programs, projects, and studies undertaken by

agencies of the Federal Government, by individuals, and by public

and private research groups;

(6) to provide a central clearinghouse for the collection,

interpretation, and analysis of data on scientific and

engineering resources and to provide a source of information for

policy formulation by other agencies of the Federal Government;

(7) to initiate and maintain a program for the determination of

the total amount of money for scientific and engineering

research, including money allocated for the construction of the

facilities wherein such research is conducted, received by each

educational institution and appropriate nonprofit organization in

the United States, by grant, contract, or other arrangement from

agencies of the Federal Government, and to report annually

thereon to the President and the Congress; and

(8) to take a leading role in fostering and supporting research

and education activities to improve the security of networked

information systems.

(b) Contracts, grants, loans, etc., for scientific and engineering

activities; financing of programs

The Foundation is authorized to initiate and support specific

scientific and engineering activities in connection with matters

relating to international cooperation, national security, and the

effects of scientific and engineering applications upon society by

making contracts or other arrangements (including grants, loans,

and other forms of assistance) for the conduct of such activities.

When initiated or supported pursuant to requests made by any other

Federal department or agency, including the Office of Technology

Assessment, such activities shall be financed whenever feasible

from funds transferred to the Foundation by the requesting official

as provided in section 1873(f) of this title, and any such

activities shall be unclassified and shall be identified by the

Foundation as being undertaken at the request of the appropriate

official.

(c) Scientific and engineering research programs at academic and

other nonprofit institutions; applied scientific and engineering

research programs by Presidential directive; employment of

consulting services; coordination of activities

In addition to the authority contained in subsections (a) and (b)

of this section, the Foundation is authorized to initiate and

support scientific and engineering research, including applied

research, at academic and other nonprofit institutions. When so

directed by the President, the Foundation is further authorized to

support, through other appropriate organizations, applied

scientific research and engineering research relevant to national

problems involving the public interest. In exercising the authority

contained in this subsection, the Foundation may employ by grant or

contract such consulting services as it deems necessary, and shall

coordinate and correlate its activities with respect to any such

problem with other agencies of the Federal Government undertaking

similar programs in that field.

(d) Promotion of research and education in science and engineering

The Board and the Director shall recommend and encourage the

pursuit of national policies for the promotion of research and

education in science and engineering.

(e) Balancing of research and educational activities in the

sciences and engineering

In exercising the authority and discharging the functions

referred to in the foregoing subsections, it shall be an objective

of the Foundation to strengthen research and education in the

sciences and engineering, including independent research by

individuals, throughout the United States, and to avoid undue

concentration of such research and education.

(f) Annual report to the President and Congress

The Foundation shall render an annual report to the President for

submission on or before the 15th day of April of each year to the

Congress summarizing the activities of the Foundation and making

such recommendations as it may deem appropriate. Such report shall

include information as to the acquisition and disposition by the

Foundation of any patents and patent rights.

(g) Support of access to computer networks

In carrying out subsection (a)(4) of this section, the Foundation

is authorized to foster and support access by the research and

education communities to computer networks which may be used

substantially for purposes in addition to research and education in

the sciences and engineering, if the additional uses will tend to

increase the overall capabilities of the networks to support such

research and education activities.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 3, 64 Stat. 149; Pub. L. 85-510, Sec.

1, July 11, 1958, 72 Stat. 353; Pub. L. 86-232, Sec. 1, Sept. 8,

1959, 73 Stat. 467; Pub. L. 90-407, Sec. 1, July 18, 1968, 82 Stat.

360; Pub. L. 92-372, Sec. 8, Aug. 10, 1972, 86 Stat. 528; Pub. L.

92-484, Sec. 10(b), Oct. 13, 1972, 86 Stat. 802; Pub. L. 94-273,

Sec. 11(3), Apr. 21, 1976, 90 Stat. 378; Pub. L. 95-99, Sec. 12(a),

formerly Sec. 14(a), Aug. 15, 1977, 91 Stat. 835, renumbered Sec.

12(a), Pub. L. 99-159, title I, Sec. 109(h), Nov. 22, 1985, 99

Stat. 890; Pub. L. 99-159, title I, Secs. 109(e)(2),

110(a)(1)-(11), Nov. 22, 1985, 99 Stat. 890, 891; Pub. L. 99-383,

Sec. 7(a), Aug. 21, 1986, 100 Stat. 814; Pub. L. 102-476, Sec. 4,

Oct. 23, 1992, 106 Stat. 2300; Pub. L. 102-588, title II, Sec. 217,

Nov. 4, 1992, 106 Stat. 5117; Pub. L. 105-207, title II, Sec.

202(e), July 29, 1998, 112 Stat. 875; Pub. L. 107-305, Sec. 7, Nov.

27, 2002, 116 Stat. 2375.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(8). Pub. L. 107-305 added par. (8).

1998 - Subsec. (g). Pub. L. 105-207 struck out the subsec. (g)

enacted by Pub. L. 102-588. See 1992 Amendment note below.

1992 - Subsec. (g). Pub. L. 102-476 and Pub. L. 102-588 amended

section identically, adding subsec. (g).

1986 - Subsec. (a)(6). Pub. L. 99-383 amended par. (6) generally.

Prior to amendment, par. (6) read as follows: "to maintain a

current register of scientific and engineering personnel, and in

other ways to provide a central clearinghouse for the collection,

interpretation, and analysis of data on the availability of, and

the current and projected need for, scientific and engineering

resources in the United States, and to provide a source of

information for policy formulation by other agencies of the Federal

Government; and".

1985 - Subsec. (a)(1). Pub. L. 99-159, Sec. 110(a)(1), struck out

"engineering," after "biological," and inserted provisions relating

to research fundamental to the engineering process, engineering

programs, and engineering activities.

Subsec. (a)(2). Pub. L. 99-159, Sec. 110(a)(2), substituted "for

study and research in the sciences or in engineering" for "in the

mathematical, physical, medical, biological, engineering, social,

and other sciences".

Subsec. (a)(3). Pub. L. 99-159, Sec. 110(a)(3), inserted

applicability to engineering and engineers.

Subsec. (a)(4). Pub. L. 99-159, Sec. 110(a)(4), inserted

applicability to engineering.

Subsec. (a)(5). Pub. L. 99-159, Sec. 110(a)(5), inserted

applicability to fields of engineering.

Subsec. (a)(6). Pub. L. 99-159, Sec. 110(a)(6), substituted

"engineering" for "technical" in two places.

Subsec. (a)(7). Pub. L. 99-159, Sec. 110(a)(7), inserted

applicability to engineering.

Subsec. (b). Pub. L. 99-159, Secs. 109(e)(2), 110(a)(8), inserted

reference to engineering in two places and substituted "1873(f)"

for "1873(g)".

Subsec. (c). Pub. L. 99-159, Sec. 110(a)(9), inserted

applicability to engineering research.

Subsec. (d). Pub. L. 99-159, Sec. 110(a)(10), substituted

"research and education in science and engineering" for "basic

research and education in the sciences".

Subsec. (e). Pub. L. 99-159, Sec. 110(11), inserted applicability

to engineering.

1977 - Subsec. (e). Pub. L. 95-99 substituted "an objective" for

"one of the objectives".

1976 - Subsec. (f). Pub. L. 94-273 substituted "April" for

"January".

1972 - Subsec. (a)(1). Pub. L. 92-372 inserted support of science

education programs at all levels to the functions of the Foundation

and substituted "scientific and educational activities" for

"scientific activities".

Subsec. (b). Pub. L. 92-484 inserted provisions authorizing the

Foundation to initiate and support specific scientific activities

in connection with matters relating to the effects of scientific

applications upon society, and substituted provisions relating to

the initiation or support pursuant to requests of activities by any

other Federal department or agency, including the Office of

Technology Assessment, for provisions relating to the initiation or

support pursuant to requests of activities by the Secretary of

State or Secretary of Defense.

1968 - Subsec. (a)(1). Pub. L. 90-407 redesignated par. (2) as

(1) and added social sciences to the enumerated list of sciences.

Former par. (1) redesignated subsec. (d).

Subsec. (a)(2). Pub. L. 90-407 redesignated par. (4) as (2) and

added social sciences to the enumerated list of sciences. Former

par. (2) redesignated (1).

Subsec. (a)(3). Pub. L. 90-407 redesignated par. (5) as (3).

Former par. (3) redesignated subsec. (b).

Subsec. (a)(4). Pub. L. 90-407 added par. (4). Former par. (4)

redesignated subsec. (a)(2).

Subsec. (a)(5). Pub. L. 90-407 redesignated par. (6) as (5) and

provided for the employment of consulting services, by grant or

contract, to assist in the evaluation of the status and needs of

the various sciences as evidenced by the programs and studies

undertaken by agencies of the government, by individuals, and by

public and private research groups, and provided for the

consideration of the results of such evaluations in the correlation

of the Foundation's programs with those undertaken by agencies of

the government, as well as those undertaken by individuals and by

public and private research groups. Former par. (5) redesignated

(3).

Subsec. (a)(6). Pub. L. 90-407 redesignated par. (8) as (6) and

provided that the register of scientific and technical personnel

shall be current, and authorized the Foundation to analyze and

interpret the collected data on the availability of, and the

current and projected need for, scientific and technical resources

in the United States and to make such information available to

other agencies of the government for policy formulation. Former

par. (6) redesignated (5).

Subsec. (a)(7). Pub. L. 90-407 added par. (7). Former par. (7),

which provided for the establishment of such special commissions as

the Board may from to time deem necessary for the purposes of this

chapter, was struck out.

Subsec. (a)(8). Pub. L. 90-407 redesignated par. (8) as (6).

Subsec. (a)(9). Pub. L. 90-407 struck out par. (9) which

authorized the Foundation to initiate and support a program of

study, research, and evaluation in the field of weather

modification, with particular attention to areas experiencing

floods, drought, etc., and to report annually to the President and

the Congress thereon.

Subsec. (b). Pub. L. 90-407 redesignated former subsec. (a)(3) as

(b) and substituted provisions authorizing the Foundation to

initiate and support specific scientific activities in matters

related to international cooperation or national security for

provisions authorizing the Foundation to initiate and support only

scientific research activities, only in matters related to national

defense and only when requested to do so by the Secretary of

Defense, and inserted provisions specifying the manner of financing

such scientific activities. Former subsec. (b) redesignated (e).

Subsec. (c). Pub. L. 90-407 added subsec. (c). Former subsec. (c)

redesignated (f).

Subsec. (d). Pub. L. 90-407 redesignated former subsec. (a)(1) as

(d) and substituted provisions authorizing the Board and the

Director to recommend and encourage national policies promoting

basic research and education in the sciences for provisions

authorizing and directing the Foundation to develop and encourage

such policies.

Subsec. (e). Pub. L. 90-407 redesignated former subsec. (b) as

(e), substituted "the foregoing subsections" for "subsection (a) of

this section", "strengthen research" for "strengthen basic

research", and struck out reference to the territories and

possessions of the United States.

Subsec. (f). Pub. L. 90-407 redesignated former subsec. (c) as

(f) and struck out provision requiring the report to include the

minority views and recommendations if any, of members of the Board.

1959 - Subsec. (a)(2). Pub. L. 86-232 clarified the Foundation's

authority to support programs to strengthen scientific research

potential.

1958 - Subsec. (a)(9). Pub. L. 85-510 added par. (9).

TRANSFER OF NATIONAL SCIENCE FOUNDATION PROGRAMS

For transfer of all programs relating to science education of the

National Science Foundation or the Director thereof under this

chapter, with certain exceptions, to the Secretary of Education,

see section 3444 of Title 20, Education.

NSF STUDY AND REPORT ON THE "DIGITAL DIVIDE"

Pub. L. 106-313, title I, Sec. 109, Oct. 17, 2000, 114 Stat.

1255, provided that:

"(a) Study. - The National Science Foundation shall conduct a

study of the divergence in access to high technology (commonly

referred to as the 'digital divide') in the United States.

"(b) Report. - Not later than 18 months after the date of

enactment of this Act [Oct. 17, 2000], the Director of the National

Science Foundation shall submit a report to Congress setting forth

the findings of the study conducted under subsection (a)."

IMPROVING UNITED STATES UNDERSTANDING OF SCIENCE, ENGINEERING, AND

TECHNOLOGY IN EAST ASIA

Pub. L. 105-244, title VIII, Sec. 831, Oct. 7, 1998, 112 Stat.

1820, provided that:

"(a) Establishment. - The Director of the National Science

Foundation is authorized, beginning in fiscal year 2000, to carry

out an interdisciplinary program of education and research on East

Asian science, engineering, and technology. The Director shall

carry out the interdisciplinary program in consultation with the

Secretary of Education.

"(b) Purposes. - The purposes of the program established under

this section shall be to -

"(1) increase understanding of East Asian research, and

innovation for the creative application of science and technology

to the problems of society;

"(2) provide scientists, engineers, technology managers, and

students with training in East Asian languages, and with an

understanding of research, technology, and management of

innovation, in East Asian countries;

"(3) provide program participants with opportunities to be

directly involved in scientific and engineering research, and

activities related to the management of scientific and

technological innovation, in East Asia; and

"(4) create mechanisms for cooperation and partnerships among

United States industry, universities, colleges, not-for-profit

institutions, Federal laboratories (within the meaning of section

4(6) of the Stevenson-Wydler Technology Innovation Act of 1980

(15 U.S.C. 3703(6))), and government, to disseminate the results

of the program assisted under this section for the benefit of

United States research and innovation.

"(c) Participation by Federal Scientists, Engineers, and

Managers. - Scientists, engineers, and managers of science and

engineering programs in Federal agencies and the Federal

laboratories shall be eligible to participate in the program

assisted under this section on a reimbursable basis.

"(d) Requirement for Merit Review. - Awards made under the

program established under this section shall only be made using a

competitive, merit-based review process.

"(e) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section $10,000,000 for fiscal year

2000."

STATUS OF SCIENTIFIC INSTRUMENTATION; CURRENT AND PROJECTED NEEDS

FOR SCIENTIFIC AND TECHNOLOGICAL INSTRUMENTATION; DEVELOPMENT OF

INDICES, CORRELATES, OR OTHER SUITABLE MEASURES OR INDICATORS

Pub. L. 96-44, Sec. 7, Aug. 2, 1979, 93 Stat. 334, provided that:

"In partial fulfillment of the established statutory requirement

that the National Science Foundation evaluate the status of and

current and projected need for scientific resources (section

3(a)(5) and (6) of Public Law 81-507, as amended [subsec. (a)(5)

and (6) of this section]), the National Science Foundation shall

develop indices, correlates, or other suitable measures or

indicators of the status of scientific instrumentation in the

United States and of the current and projected need for scientific

and technological instrumentation."

FLOOD HAZARD MITIGATION STUDY

Pub. L. 96-44, Sec. 8, Aug. 2, 1979, 93 Stat. 334, directed

National Science Foundation to conduct a Flood Hazard Mitigation

Study and report to Congress with specific program recommendations

by end of fiscal year 1980.

AUTHORIZED USE OF FUNDS UNDER SCIENCE AND SOCIETY PROGRAM

Section 5 of Pub. L. 95-99 provided that:

"(a) From the funds authorized under the program 'Science and

Society', the National Science Foundation is authorized to provide

support which is designed to -

"(1) improve public understanding of public policy issues

involving science and technology;

"(2) facilitate the participation of qualified scientists and

engineers and of undergraduate and graduate students in public

activities aimed at the resolution of public policy issues having

significant scientific and technical aspects; and

"(3) assist nonprofit, citizens, and bona fide public interest

groups to acquire necessary scientific and technical expertise in

order to improve their comprehension of scientific and technical

aspects of public policy issues.

"(b) Awards made pursuant to this section shall, to the extent

feasible, include support for -

"(1) qualified scientists and engineers to work on public

policy issues with significant scientific and technical

components in conjunction with units of State and local

government, nonprofit organizations, or bona fide public interest

groups;

"(2) internship programs for science and engineering

undergraduate or graduate students to work on public policy

issues with significant scientific and technical components in

conjunction with units of State and local government, nonprofit

organizations, or bona fide public interest groups as part of

their academic training;

"(3) forums, conferences, and workshops on public policy issues

with significant scientific and technical components;

"(4) training in the presentation of scientific and technical

studies in a manner which (A) improves public understanding of

the ways in which science and technology influence contemporary

life, (B) improves public access to the results of scientific and

technical research, (C) encourages and facilitates interaction

between laypersons and scientists on public issues with important

scientific and technological components, and (D) increases public

knowledge and understanding of the ethical and value implications

of scientific and technological developments;

"(5) new and existing programs using radio or television to

increase public understanding of public policy issues with

significant scientific and technical components; and

"(6) bona fide public interest groups to acquire necessary

scientific and technical expertise relating to the scientific and

technical aspects of public policy issues and to enable such

groups to bring together in appropriate forums experts whose

research has been directed to the resolution of such issues."

ESTABLISHMENT OF "SCIENCE FOR CITIZENS PROGRAM" CONDUCTED IN

CONJUNCTION WITH "PUBLIC UNDERSTANDING OF SCIENCE PROGRAM"

Section 5 of Pub. L. 94-471 provided that:

"(a) The National Science Foundation is authorized and directed

to conduct an experimental 'Science for Citizens Program' and an

augmented Public Understanding of Science Program under which funds

will be available for pilot projects to:

"(1) improve public understanding of science, engineering and

technology and their impact on public policy issues;

"(2) facilitate the participation of experienced scientists and

engineers as well as graduate and undergraduate students in

helping the public understand science, engineering and technology

and their impact on public policies; and

"(3) assist nationally recognized professional societies and

groups serving important public purposes in conducting a limited

number of forums, conferences, and workshops to increase public

understanding of science and technology, and of their impact on

public policy issues, after consideration of the following

eligibility factors:

"(A) the extent to which the proposal of the society or group

will contribute to the development of facts, issues, and

arguments relevant to public policy issues having significant

scientific and technical aspects, and

"(B) the ability of the society or group, using its own

resources, to conduct such forums, conferences, and workshops.

"(b) One or more review panels shall be established for the

purpose of evaluating applications for awards under this section.

The membership of each review panel shall have balanced

representation from the scientific and nonscientific communities

and the public and private sectors.

"(c) No contract, grant or other arrangement shall be made under

this Section without the prior approval of the National Science

Board.

"(d) To assist the Congress in evaluating activities initiated

pursuant to this Section, the Director of the National Science

Foundation, in consultation with a review panel having a balanced

representation from the scientific and nonscientific community and

the public and private sectors, is directed to prepare a

comprehensive analysis and assessment of such activities to be

submitted to the House Committee on Science and Technology and the

Senate Committee on Labor and Public Welfare [now the Committee on

Labor and Human Resources], not later than October 31, 1977. An

interim report is required no later than March 1, 1977."

DEVELOPMENT OF PROGRAM PLAN FOR CONTINUING EDUCATION IN SCIENCE AND

ENGINEERING

Section 6 of Pub. L. 94-471 required the National Science

Foundation to develop a program plan for continuing education in

science and engineering and, not later than Oct. 31, 1977, provide

specific committees of the House of Representatives and Senate a

report on the plan developed with recommendations for

implementation in fiscal year 1978.

DENIAL OF FINANCIAL ASSISTANCE TO CAMPUS DISRUPTERS

Section 7 of Pub. L. 93-96, Aug. 16, 1973, 87 Stat. 316, provided

that:

"(a) If an institution of higher education determines, after

affording notice and opportunity for hearing to an individual

attending, or employed by, such institution, that such individual

has been convicted by any court of record of any crime which was

committed after the date of enactment of this Act [Aug. 16, 1973]

and which involved the use of (or assistance to others in the use

of) force, disruption, or the seizure of property under control of

any institution of higher education to prevent officials or

students in such institution from engaging in their duties or

pursuing their studies, and that such crime was of a serious nature

and contributed to a substantial disruption of the administration

of the institution with respect to which such crime was committed,

then the institution which such individual attends, or is employed

by, shall deny for a period of two years any further payment to, or

for the direct benefit of, such individual under any of the

programs specified in subsection (c). If an institution denies an

individual assistance under the authority of the preceding sentence

of this subsection, then any institution which such individual

subsequently attends shall deny for the remainder of the two-year

period any further payment to, or for the direct benefit of, such

individual under any of the programs specified in subsection (c).

"(b) If an institution of higher education determines, after

affording notice and opportunity for hearing to an individual

attending, or employed by, such institution, that such individual

has willfully refused to obey a lawful regulation or order of such

institution after the date of enactment of this Act [Aug. 16,

1973], and that such refusal was of a serious nature and

contributed to a substantial disruption of the administration of

such institution, then such institution shall deny, for a period of

two years, any further payment to, or for the direct benefit of,

such individual under any of the programs specified in subsection

(c).

"(c) The programs referred to in subsections (a) and (b) are as

follows:

"(1) The programs authorized by the National Science Foundation

Act of 1950 [this chapter]; and

"(2) The programs authorized under title IX of the National

Defense Education Act of 1958 [sections 1876 to 1879 of this

title] relating to establishing the Science Information Service.

"(d)(1) Nothing in this Act [Pub. L. 93-96], or any Act amended

by this Act, shall be construed to prohibit any institution of

higher education from refusing to award, continue, or extend any

financial assistance under any such Act to any individual because

of any misconduct which in its judgment bears adversely on his

fitness for such assistance.

"(2) Nothing in this section shall be construed as limiting or

prejudicing the rights and prerogatives of any institution of

higher education to institute and carry out an independent,

disciplinary proceeding pursuant to existing authority, practice,

and law.

"(3) Nothing in this section shall be construed to limit the

freedom of any student to verbal expression of individual views or

opinions."

Similar provisions were contained in the following National

Science Foundation Authorization Acts:

Pub. L. 92-372, Sec. 7, Aug. 10, 1972, 86 Stat. 527.

Pub. L. 92-86, Sec. 7, Aug. 11, 1971, 85 Stat. 309.

Pub. L. 91-356, Sec. 5, July 24, 1970, 84 Stat. 471.

CONTINUATION OF AUTHORIZATION FOR WEATHER MODIFICATION PROGRAMS;

REPEAL

Section 11(1) of Pub. L. 90-407 provided in part that the

authorization for the programs initiated under former subsec.

(a)(9) of this section shall continue in effect until Sept. 1, 1968

for the purposes of section 1872a of this title.

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Section 16 of Pub. L. 90-407 provided that: "Except as otherwise

specifically provided therein, the amendments made by this Act

[enacting section 1864a of this title, amending sections 1862 to

1866, 1868 to 1870, 1872 to 1875, and 1877 of this title, sections

5313, 5314, and 5316 of Title 5, Government Organization and

Employees, repealing sections 1867 and 1872a of this title, and

enacting provisions set out as a note under section 5313 of Title

5] are intended to continue in effect under the National Science

Foundation Act of 1950 [this chapter] the existing offices,

procedures, and organization of the National Science Foundation as

provided by such Act, [this chapter] part II of Reorganization Plan

Numbered 2 of 1962, and Reorganization Plan Numbered 5 of 1965 [set

out as a note under section 1861 of this title]. From and after the

date of the enactment of this Act [July 18, 1968], part II of

Reorganization Plan Numbered 2 of 1962, and Reorganization Plan

Numbered 5 of 1965, shall be of no force or effect; but nothing in

this Act shall alter or affect any transfers of functions made by

part I of such Reorganization Plan Numbered 2 of 1962."

INVESTIGATION OF NEED FOR GEOPHYSICAL INSTITUTE IN TERRITORY OF

HAWAII

Act Aug. 1, 1956, ch. 865, 70 Stat. 922, directed the National

Science Foundation to conduct an investigation into the need for

and the feasibility and usefulness of a geophysical institute

located in the Territory [now State] of Hawaii. The Foundation was

required to report the results of its investigations, together with

its recommendations based thereon, to the Congress not later than 9

months after Aug. 1, 1956.

-EXEC-

EX. ORD. NO. 10521. ADMINISTRATION OF SCIENTIFIC RESEARCH

Ex. Ord. No. 10521, Mar. 17, 1954, 19 F.R. 1499, as amended by

Ex. Ord. No. 10807, Sec. 6(b), Mar. 13, 1959, 24 F.R. 1899,

provided:

Section 1. The National Science Foundation (hereinafter referred

to as the Foundation) shall from time to time recommend to the

President policies for the promotion and support of basic research

and education in the sciences, including policies with respect to

furnishing guidance toward defining the responsibilities of the

Federal Government in the conduct and support of basic scientific

research.

Sec. 2. The Foundation shall continue to make comprehensive

studies and recommendations regarding the Nation's scientific

research effort and its resources for scientific activities,

including facilities and scientific personnel, and its foreseeable

scientific needs, with particular attention to the extent of the

Federal Government's activities and the resulting effects upon

trained scientific personnel. In making such studies, the

Foundation shall make full use of existing sources of information

and research facilities within the Federal Government.

Sec. 3. The Foundation, in concert with each Federal agency

concerned, shall review the basic scientific research programs and

activities of the Federal Government in order, among other

purposes, to formulate methods for strengthening the administration

of such programs and activities by the responsible agencies, and to

study areas of basic research where gaps or undesirable overlapping

of support may exist, and shall recommend to the heads of agencies

concerning the support given to basic research.

Sec. 4. As now or hereafter authorized or permitted by law, the

Foundation shall be increasingly responsible for providing support

by the Federal Government for general-purpose basic research

through contracts and grants. The conduct and support by other

Federal agencies of basic research in areas which are closely

related to their missions is recognized as important and desirable,

especially in response to current national needs, and shall

continue.

Sec. 5. The Foundation, in consultation with educational

institutions, the heads of Federal agencies, and the Commissioner

of Education of the Department of Health, Education, and Welfare

[now Secretary of Education], shall study the effects upon

educational institutions of Federal policies and administration of

contracts and grants for scientific research and development, and

shall recommend policies and procedures which will promote the

attainment of general national research objectives and realization

of the research needs of Federal agencies while safeguarding the

strength and independence of the Nation's institutions of learning.

Sec. 6. The head of each Federal agency engaged in scientific

research shall make certain that effective executive,

organizational, and fiscal practices exist to ensure (a) that the

Foundation is consulted on policies concerning the support of basic

research, (b) that approved scientific research programs conducted

by the agency are reviewed continuously in order to preserve

priorities in research efforts and to adjust programs to meet

changing conditions without imposing unnecessary added burdens on

budgetary and other resources, (c) that applied research and

development shall be undertaken with sufficient consideration of

the underlying basic research and such other factors as relative

urgency, project costs, and availability of manpower and

facilities, and (d) that, subject to considerations of security and

applicable law, adequate dissemination shall be made within the

Federal Government of reports on the nature and progress of

research projects as an aid to the efficiency and economy of the

overall Federal scientific research program.

Sec. 7. Federal agencies supporting or engaging in scientific

research shall, with the assistance of the Foundation, cooperate in

an effort to improve the methods of classification and reporting of

scientific research projects and activities, subject to the

requirements of security of information.

Sec. 8. To facilitate the efficient use of scientific research

equipment and facilities held by Federal agencies:

(a) the head of each such agency engaged in scientific research

shall, to the extent practicable, encourage and facilitate the

sharing with other Federal agencies of major equipment and

facilities; and

(b) a Federal agency shall procure new major equipment or

facilities for scientific research purposes only after taking

suitable steps to ascertain that the need cannot be met adequately

from existing inventories or facilities of its own or of other

agencies; and

(c) the Interdepartmental Committee on Scientific Research and

Development shall take necessary steps to ensure that each Federal

agency engaged directly in scientific research is kept informed of

selected major equipment and facilities which could serve the needs

of more than one agency. Each Federal agency possessing such

equipment and facilities shall maintain appropriate records to

assist other agencies in arranging for their joint use or exchange.

Sec. 9. The heads of the respective Federal agencies shall make

such reports concerning activities within the purview of this order

as may be required by the President.

Sec. 10. The National Science Foundation shall provide leadership

in the effective coordination of the scientific information

activities of the Federal Government with a view to improving the

availability and dissemination of scientific information. Federal

agencies shall cooperate with and assist the National Science

Foundation in the performance of this function, to the extent

permitted by law.

EXECUTIVE ORDER NO. 10807

Ex. Ord. No. 10807, Mar. 13, 1959, 24 F.R. 1897, as amended Ex.

Ord. No. 11381, Nov. 8, 1967, 32 F.R. 15629, which established the

Federal Council for Science and Technology, provided for a chairman

and membership, specified the functions of the Council, provided

for assistance from other Federal agencies and the establishment of

standing committees and panels, revoked Ex. Ord. No. 9912 of Dec.

24, 1947, entitled "Establishing the Interdepartmental Committee on

Scientific Research and Development", and amended Ex. Ord. No.

10521, set out above, was omitted from the Code in view of Pub. L.

94-282, title IV, Sec. 402, May 11, 1976, 90 Stat. 472, set out

below, which abolished the Federal Council for Science and

Technology.

-MISC2-

ABOLITION OF FEDERAL COUNCIL FOR SCIENCE AND TECHNOLOGY

Pub. L. 94-282, title IV, Sec. 402, May 11, 1976, 90 Stat. 472,

provided that: "The Federal Council for Science and Technology,

established pursuant to Executive Order No. 10807, Mar. 13, 1959,

24 F.R. 1897, as amended by Executive Order No. 11381, Nov. 8,

1967, 32 F.R. 15629, is hereby abolished."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862b, 1873 of this

title; title 8 section 1356; title 20 section 1067a.

-End-

-CITE-

42 USC Sec. 1862a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862a. Findings and purpose

-STATUTE-

(a) The Congress finds that -

(1) the fundamental research and related education program

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

conducted by universities and colleges are now hindered by

obsolete research buildings and equipment, and many institutions

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 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 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

commitment to excellence in research and education; and

(5) the Foundation, as part of its responsibility for

maintaining the vitality of the Nation's academic research, and

in partnership with the States, industry, and universities and

colleges, 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 modern research and education programs

require.

(b) It is the purpose of sections 1862a to 1862d 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 research museums, and

consortia thereof, through capital investment.

-SOURCE-

(Pub. L. 100-570, title II, Sec. 202, Oct. 31, 1988, 102 Stat.

2873.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1862a to 1862d of this title, referred to in subsec.

(b), was in the original "this title", meaning title II of Pub. L.

100-570, Oct. 31, 1988, 102 Stat. 2873, known as the Academic

Research Facilities Modernization Act of 1988, which enacted

sections 1862a to 1862d of this title, repealed former sections

1862a and 1862b of this title, and repealed provisions set out as a

note under section 1861 of this title. For complete classification

of this Act to the Code, see Short Title of 1988 Amendments note

set out under section 1861 of this title and Tables.

-COD-

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.

-MISC1-

PRIOR PROVISIONS

A prior section 1862a, Pub. L. 100-418, title VI, Sec. 6402, Aug.

23, 1988, 102 Stat. 1542, related to establishment of National

Science Foundation Academic Research Facilities Modernization

Program, prior to repeal by Pub. L. 100-570, Sec. 206.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862b, 1862c of this

title.

-End-

-CITE-

42 USC Sec. 1862b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862b. Establishment of Program

-STATUTE-

(a) Establishment; purpose

(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) Improvement projects; maximum amounts

(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 award of funds

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.

-SOURCE-

(Pub. L. 100-570, title II, Sec. 203, Oct. 31, 1988, 102 Stat.

2874.)

-COD-

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.

-MISC1-

PRIOR PROVISIONS

A prior section 1862b, Pub. L. 100-418, title VI, Sec. 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, Sec. 206.

MAJOR RESEARCH INSTRUMENTATION

Pub. L. 107-368, Sec. 13, Dec. 19, 2002, 116 Stat. 3055, provided

that:

"(a) Review and Assessment. - The Director shall conduct a review

and assessment of the major research instrumentation program and,

not later than 1 year after the date of enactment of this Act [Dec.

19, 2002], submit a report of findings and recommendations to the

Committee on Science of the House of Representatives, the Committee

on Commerce, Science, and Transportation of the Senate, and the

Committee on Health, Education, Labor, and Pensions of the Senate.

The report shall include -

"(1) estimates of the needs, by major field of science and

engineering and by types of institutions of higher education, for

the types of research instrumentation that are eligible for

acquisition under the guidelines of the major research

instrumentation program;

"(2) a description of the distribution of awards and funding

levels by year, by major field of science and engineering, and by

type of institution of higher education for the program, since

the inception of the major research instrumentation program; and

"(3) an analysis of the impact of the major research

instrumentation program on the research instrumentation needs

that were documented in the Foundation's 1994 survey of academic

research instrumentation needs.

"(b) National Academy of Sciences Assessment on Interdisciplinary

Research and Advanced Instrumentation Centers. -

"(1) Assessment. - Not later than 3 months after the date of

enactment of this Act [Dec. 19, 2002], the Director shall 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.

"(2) Transmittal to congress. - Not later than 15 months after

the date of the enactment of this Act, the Director shall

transmit to the Committee on Science of the House of

Representatives, the Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on Health,

Education, Labor, and Pensions of the Senate the assessment

conducted by the National Academy of Sciences together with the

Foundation's reaction to the assessment authorized under

paragraph (1)."

[For definitions of terms used in section 13 of Pub. L. 107-368,

set out above, see section 4 of Pub. L. 107-368, set out as a note

under section 1862n of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862a, 1862c of this

title.

-End-

-CITE-

42 USC Sec. 1862c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862c. Procedures, guidelines, and planning activities

-STATUTE-

(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.

-SOURCE-

(Pub. L. 100-570, title II, Sec. 204, Oct. 31, 1988, 102 Stat.

2875.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (d)(4)(C) and (g), is Pub. L.

100-570, Oct. 31, 1988, 102 Stat. 2865, known as the National

Science Foundation Authorization Act of 1988. Section 101 of this

Act is not classified to the Code. For complete classification of

this Act to the Code, see Short Title of 1988 Amendments note set

out under section 1861 of this title and Tables.

-COD-

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.

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862a, 1862b of this

title.

-End-

-CITE-

42 USC Sec. 1862d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862d. Set-aside for certain institutions

-STATUTE-

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 colleges

or universities defined as "part B institutions" by section 1061(2)

of title 20 and other institutions of higher education whose

enrollment includes a substantial percentage of students who are

Black Americans, Hispanic Americans, or Native Americans.

-SOURCE-

(Pub. L. 100-570, title II, Sec. 205, Oct. 31, 1988, 102 Stat.

2877.)

-REFTEXT-

REFERENCES IN TEXT

Section 101 of this Act, referred to in text, is section 101 of

Pub. L. 100-570, title I, Oct. 31, 1988, 102 Stat. 2865, which is

not classified to the Code.

-COD-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862a, 1862b, 1862c of

this title.

-End-

-CITE-

42 USC Sec. 1862e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862e. Evaluations of research centers

-STATUTE-

In carrying out performance reviews of research centers by the

Foundation, the Director shall take such action as may be

necessary, consistent with the merit review process of the

Foundation, 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.

-SOURCE-

(Pub. L. 100-570, title I, Sec. 109, Oct. 31, 1988, 102 Stat.

2869.)

-COD-

CODIFICATION

Section was enacted 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.

-End-

-CITE-

42 USC Sec. 1862f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862f. Research center consortia

-STATUTE-

In Foundation programs making grants to research centers, the

Director shall encourage the formation of consortia that include

research universities, two-year and four-year colleges, and the

private sector.

-SOURCE-

(Pub. L. 100-570, title I, Sec. 110, Oct. 31, 1988, 102 Stat.

2869.)

-COD-

CODIFICATION

Section was enacted 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.

-End-

-CITE-

42 USC Sec. 1862g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862g. Experimental Program to Stimulate Competitive Research

-STATUTE-

(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 research

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

October 31, 1988, shall be eligible for up to 5 years of additional

support under the program (!1) if that State provides assurances 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.

-SOURCE-

(Pub. L. 100-570, title I, Sec. 113, Oct. 31, 1988, 102 Stat.

2870.)

-COD-

CODIFICATION

Section was enacted 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.

-MISC1-

PLANNING GRANTS

Pub. L. 107-368, Sec. 26, Dec. 19, 2002, 116 Stat. 3067, provided

that: "The Director is authorized to accept planning proposals from

applicants who are within .075 percentage points of the current

eligibility level for the Experimental Program to Stimulate

Competitive Research. Such proposals shall be reviewed by the

Foundation to determine their merit for support under the

Experimental Program to Stimulate Competitive Research or any other

appropriate program."

[For definitions of terms used in section 26 of Pub. L. 107-368,

set out above, see section 4 of Pub. L. 107-368, set out as a note

under section 1862n of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1862n-7 of this title;

title 15 sections 638, 657d.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 1862h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862h. Congressional statement of findings and declaration of

purposes respecting scientific and technical education and

training

-STATUTE-

(a) Findings

The Congress finds that -

(1) the position of the United States in the world economy

faces great challenges from highly trained foreign competition;

(2) the workforce of the United States must be better prepared

for the technologically advanced, competitive, global economy;

(3) the improvement of our work force's productivity and our

international economic position depend upon the strengthening of

our educational efforts in science, mathematics, and technology,

especially at the associate-degree level;

(4) shortages of scientifically and technically trained workers

in a wide variety of fields will best be addressed by

collaboration among the Nation's associate-degree-granting

colleges and private industry to produce skilled, advanced

technicians; and

(5) the National Science Foundation's traditional role in

developing model curricula, disseminating instructional

materials, enhancing faculty development, and stimulating

partnerships between educational institutions and industry, makes

an enlarged role for the Foundation in scientific and technical

education and training particularly appropriate.

(b) Purposes

It is the purpose of sections 1862h to 1862j of this title to -

(1) improve science and technical education at

associate-degree-granting colleges;

(2) improve secondary school and postsecondary curricula in

mathematics and science;

(3) improve the educational opportunities of postsecondary

students by creating comprehensive articulation agreements and

planning between 2-year and 4-year institutions; and

(4) promote outreach to secondary schools to improve

mathematics and science instruction.

-SOURCE-

(Pub. L. 102-476, Sec. 2, Oct. 23, 1992, 106 Stat. 2297.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1862h to 1862j of this title, referred to in subsec.

(b), was in the original "this Act", meaning Pub. L. 102-476, Oct.

23, 1992, 106 Stat. 2297, known as the Scientific and

Advanced-Technology Act of 1992, which enacted this section and

sections 1862i and 1862j of this title and amended section 1862 of

this title. For complete classification of this Act to the Code,

see Short Title of 1992 Amendment note set out under section 1861

of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Scientific and

Advanced-Technology Act of 1992, and not as part of the National

Science Foundation Act of 1950 which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862i, 1862j of this

title; title 15 section 7404.

-End-

-CITE-

42 USC Sec. 1862i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862i. Scientific and technical education

-STATUTE-

(a) National advanced scientific and technical education program

The Director of the National Science Foundation (hereafter in

sections 1862h to 1862j of this title referred to as the

"Director") shall award grants to associate-degree-granting

colleges, and consortia thereof, to assist them in providing

education in advanced-technology fields, and to improve the quality

of their core education courses in science and mathematics. The

grant program shall place emphasis on the needs of students who

have been in the workforce (including work in the home), and shall

be designed to strengthen and expand the scientific and technical

education and training capabilities of associate-degree-granting

colleges through such methods as -

(1) the development of model instructional programs in

advanced-technology fields and in core science and mathematics

courses;

(2) the professional development of faculty and instructors,

both full- and part-time, who provide instruction in science,

mathematics, and advanced-technology fields;

(3) the establishment of innovative partnership arrangements

that -

(A) involve associate-degree-granting colleges and other

appropriate public and private sector entities, and

(B) provide for private sector donations, faculty

opportunities to have short-term assignments with industry,

sharing of program costs, equipment loans, and the cooperative

use of laboratories, plants, and other facilities, and

provision for state-of-the-art work experience opportunities

for students enrolled in such programs;

(4) the acquisition of state-of-the-art instrumentation

essential to programs designed to prepare and upgrade students in

scientific and advanced-technology fields; and

(5) the development and dissemination of instructional

materials in support of improving the advanced scientific and

technical education and training capabilities of

associate-degree-granting colleges, including programs for

students who are not pursuing a science degree.

(b) National centers of scientific and technical education

The Director shall award grants for the establishment of centers

of excellence, not to exceed 10 in number, among

associate-degree-granting colleges. Centers shall meet one or both

of the following criteria:

(1) Exceptional instructional programs in advanced-technology

fields.

(2) Excellence in undergraduate education in mathematics and

science.

The centers shall serve as national and regional clearinghouses and

models for the benefit of both colleges and secondary schools, and

shall provide seminars and programs to disseminate model curricula

and model teaching methods and instructional materials to other

associate-degree-granting colleges in the geographic region served

by the center.

(c) Articulation partnerships

(1) Partnership grants

(A) The Director shall make grants to eligible partnerships to

encourage students to pursue bachelor degrees in mathematics,

science, engineering, or technology, and to assist students

pursuing bachelor degrees in mathematics, science, engineering,

or technology to make the transition from

associate-degree-granting colleges to bachelor-degree-granting

institutions, through such means as -

(i) examining curricula to ensure that academic credit earned

at the associate-degree-granting college is transferable to

bachelor-degree-granting institutions;

(ii) informing teachers from the associate-degree-granting

college on the specific requirements of courses at the

bachelor-degree-granting institution; and

(iii) providing summer educational programs for students from

the associate-degree-granting college to encourage such

students' subsequent matriculation at bachelor-degree-granting

institutions.

(B) Each eligible partnership receiving a grant under this

paragraph shall, at a minimum -

(i) counsel students, including students who have been in the

workforce (including work in the home), about the requirements

and course offerings of the bachelor-degree-granting

institution;

(ii) conduct workshops and orientation sessions to ensure

that students are familiar with programs, including

laboratories and financial aid programs, at the

bachelor-degree-granting institution;

(iii) provide students with research experiences at

bachelor's-degree-granting institutions participating in the

partnership, including stipend support for students

participating in summer programs; and

(iv) provide faculty mentors for students participating in

activities under clause (iii), including summer salary support

for faculty mentors.

Funds used by eligible partnerships to carry out clauses (i) and

(ii) shall be from non-Federal sources. In-cash and in-kind

resources used by eligible partnerships to carry out clauses (i)

and (ii) shall not be considered to be contributions for purposes

of applying subsection (f)(3) of this section.

(C) Any institution participating in a partnership that

receives a grant under this paragraph shall be ineligible to

receive assistance under part B of title I of the Higher

Education Act of 1965 [20 U.S.C. 1011 et seq.] for the duration

of the grant received under this paragraph.

(2) Outreach grants

The Director shall make grants to associate-degree-granting

colleges with outstanding mathematics and science programs to

strengthen relationships with secondary schools in the community

served by the college by improving mathematics and science

education and encouraging the interest and aptitude of secondary

school students for careers in science and advanced-technology

fields through such means as developing agreements with local

educational agencies to enable students to satisfy entrance and

course requirements at the associate-degree-granting college.

(d) Coordination with other Federal departments

In carrying out this section, the Director shall consult,

cooperate, and coordinate, to enhance program effectiveness and to

avoid duplication, with the programs and policies of other relevant

Federal agencies. In carrying out subsection (c) of this section,

the Director shall coordinate activities with programs receiving

assistance under part B of title I of the Higher Education Act of

1965 [20 U.S.C. 1011 et seq.].

(e) Limitation on funding

To qualify for a grant under this section, an

associate-degree-granting college, or consortium thereof, shall

provide assurances adequate to the Director that it will not

decrease its level of spending of funds from non-Federal sources on

advanced scientific and technical education and training programs.

(f) Functions of Director

In carrying out sections 1862h to 1862j of this title, the

Director shall -

(1) award grants on a competitive, merit basis;

(2) ensure an equitable geographic distribution of grant

awards;

(3) ensure that an applicant for a grant awarded under

subsection (a), (b), or (c)(1) of this section will make an

in-cash or in-kind contribution in an amount equal to at least 25

percent of the cost of the program, and for a grant awarded under

subsection (c)(2) of this section will make an in-cash or in-kind

contribution in an amount at least equal to the amount of the

grant award;

(4) establish and maintain a readily accessible inventory of

the programs assisted under sections 1862h to 1862j of this

title; and

(5) designate an officer of the National Science Foundation to

serve as a liaison with associate-degree-granting institutions

for the purpose of enhancing the role of such institutions in the

activities of the Foundation.

(g) Definitions

As used in this section -

(1) the term "advanced-technology" includes advanced technical

activities such as the modernization, miniaturization,

integration, and computerization of electronic, hydraulic,

pneumatic, laser, nuclear, chemical, telecommunication, fiber

optic, robotic, and other technological applications to enhance

productivity improvements in manufacturing, communication,

transportation, commercial, and similar economic and national

security activities;

(2) the term "associate-degree-granting college" means an

institution of higher education (as determined under section 101

of the Higher Education Act of 1965 [20 U.S.C. 1001]) that -

(A) is a nonprofit institution that offers a 2-year

associate-degree program or a 2-year certificate program; or

(B) is a proprietary institution that offers a 2-year

associate-degree program;

(3) the term "bachelor-degree-granting institution" means an

institution of higher education (as determined under section 101

of the Higher Education Act of 1965 [20 U.S.C. 1001]) that offers

a baccalaureate degree program;

(4) the term "eligible partnership" means one or more

associate-degree-granting colleges in partnership with one or

more separate bachelor-degree-granting institutions; and

(5) the term "local educational agency" has the meaning given

such term in section 2891(12) (!1) of title 20.

-SOURCE-

(Pub. L. 102-476, Sec. 3, Oct. 23, 1992, 106 Stat. 2297; Pub. L.

105-244, title I, Sec. 102(a)(13)(B), Oct. 7, 1998, 112 Stat. 1620;

Pub. L. 107-368, Sec. 21(a), (b), Dec. 19, 2002, 116 Stat. 3064.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1862h to 1862j of this title, referred to in subsecs.

(a) and (f), was in the original "this Act", meaning Pub. L.

102-476, Oct. 23, 1992, 106 Stat. 2297, known as the Scientific and

Advanced-Technology Act of 1992, which enacted this section and

sections 1862h and 1862j of this title and amended section 1862 of

this title. For complete classification of this Act to the Code,

see Short Title of 1992 Amendment note set out under section 1861

of this title and Tables.

The Higher Education Act of 1965, referred to in subsecs.

(c)(1)(C) and (d), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219,

as amended. Part B of title I of the Act is classified generally to

part B (Sec. 1011 et seq.) of subchapter I of chapter 28 of Title

20, Education. Pub. L. 105-244, title I, Sec. 101(a), Oct. 7, 1998,

112 Stat. 1585, amended title I of the Act generally and part B,

which formerly related to articulation agreements, now relates to

additional general provisions. For complete classification of this

Act to the Code, see Short Title note set out under section 1001 of

Title 20 and Tables.

Section 2891(12) of title 20, referred to in subsec. (g)(5), was

in the original "section 1471(12) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 2891(12)", Pub. L. 89-10, and was

omitted in the general amendment of that Act by Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519. For provisions

relating to definitions, see section 7801 of Title 20, Education.

-COD-

CODIFICATION

Section was enacted as part of the Scientific and

Advanced-Technology Act of 1992, and not as part of the National

Science Foundation Act of 1950 which comprises this chapter.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-368, Sec. 21(a)(1), inserted ",

and to improve the quality of their core education courses in

science and mathematics" after "education in advanced-technology

fields" in introductory provisions.

Subsec. (a)(1). Pub. L. 107-368, Sec. 21(a)(2), inserted "and in

core science and mathematics courses" after "advanced-technology

fields".

Subsec. (a)(2). Pub. L. 107-368, Sec. 21(a)(3), substituted "who

provide instruction in science, mathematics, and

advanced-technology fields" for "in advanced-technology fields".

Subsec. (c)(1)(B)(iii), (iv). Pub. L. 107-368, Sec. 21(b), added

cls. (iii) and (iv).

1998 - Subsec. (g)(2), (3). Pub. L. 105-244 substituted "section

101 of the Higher Education Act of 1965" for "section 1201(a) of

the Higher Education Act of 1965 (20 U.S.C. 1141(a))".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862h, 1862j of this

title; title 15 section 7404.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1862j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862j. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated, from sums otherwise

authorized to be appropriated, to the Director for carrying out

sections 1862h to 1862j of this title -

(1) $35,000,000 for fiscal year 1992; and

(2) $35,000,000 for fiscal year 1993.

-SOURCE-

(Pub. L. 102-476, Sec. 5, Oct. 23, 1992, 106 Stat. 2301.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1862h to 1862j of this title, referred to in text, was

in the original "this Act", meaning Pub. L. 102-476, Oct. 23, 1992,

106 Stat. 2297, known as the Scientific and Advanced-Technology Act

of 1992, which enacted this section and sections 1862h and 1862i of

this title and amended section 1862 of this title. For complete

classification of this Act to the Code, see Short Title of 1992

Amendment note set out under section 1861 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Scientific and

Advanced-Technology Act of 1992, and not as part of the National

Science Foundation Act of 1950 which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862h, 1862i of this

title; title 15 section 7404.

-End-

-CITE-

42 USC Sec. 1862k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862k. Findings; core strategies

-STATUTE-

(a) Findings

Congress finds the following:

(1) The United States depends upon its scientific and

technological capabilities to preserve the military and economic

security of the United States.

(2) America's leadership in the global marketplace is dependent

upon a strong commitment to education, basic research, and

development.

(3) A nation that is not technologically literate cannot

compete in the emerging global economy.

(4) A coordinated commitment to mathematics and science

instruction at all levels of education is a necessary component

of successful efforts to produce technologically literate

citizens.

(5) Professional development is a necessary component of

efforts to produce system-wide improvements in mathematics,

engineering, and science education in secondary, elementary, and

postsecondary settings.

(6)(A) The mission of the National Science Foundation is to

provide Federal support for basic scientific and engineering

research, and to be a primary contributor to mathematics,

science, and engineering education at academic institutions in

the United States.

(B) In accordance with such mission, the long-term goals of the

National Science Foundation include providing leadership to -

(i) enable the United States to maintain a position of world

leadership in all aspects of science, mathematics, engineering,

and technology;

(ii) promote the discovery, integration, dissemination, and

application of new knowledge in service to society; and

(iii) achieve excellence in United States science,

mathematics, engineering, and technology education at all

levels.

(b) Core strategies

In carrying out activities designed to achieve the goals

described in subsection (a) of this section, the Foundation shall

use the following core strategies:

(1) Develop intellectual capital, both people and ideas, with

particular emphasis on groups and regions that traditionally have

not participated fully in science, mathematics, and engineering.

(2) Strengthen the scientific infrastructure by investing in

facilities planning and modernization, instrument acquisition,

instrument design and development, and shared-use research

platforms.

(3) Integrate research and education through activities that

emphasize and strengthen the natural connections between learning

and inquiry.

(4) Promote partnerships with industry, elementary and

secondary schools, community colleges, colleges and universities,

other agencies, State and local governments, and other

institutions involved in science, mathematics, and engineering to

enhance the delivery of math and science education and improve

the technological literacy of the citizens of the United States.

-SOURCE-

(Pub. L. 105-207, title I, Sec. 101, July 29, 1998, 112 Stat. 869.)

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 1998, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

INDIRECT COSTS

Pub. L. 105-207, title II, Sec. 203, July 29, 1998, 112 Stat.

875, provided that:

"(a) Matching Funds. - Matching funds required pursuant to

section 204(a)(2)(C) of the Academic Research Facilities

Modernization Act of 1988 (42 U.S.C. 1862c(a)(2)(C)) shall not be

considered facilities costs for purposes of determining indirect

cost rates under Office of Management and Budget Circular A-21.

"(b) Report. -

"(1) In general. - The Director of the Office of Science and

Technology Policy, in consultation with other Federal agencies

the Director deems appropriate, shall prepare a report -

"(A) analyzing the Federal indirect cost reimbursement rates

(as the term is defined in Office of Management and Budget

Circular A-21) paid to universities in comparison with Federal

indirect cost reimbursement rates paid to other entities, such

as industry, government laboratories, research hospitals, and

nonprofit institutions;

"(B)(i) analyzing the distribution of the Federal indirect

cost reimbursement rates by category (such as administration,

facilities, utilities, and libraries), and by the type of

entity; and

"(ii) determining what factors, including the type of

research, influence the distribution;

"(C) analyzing the impact, if any, that changes in Office of

Management and Budget Circular A-21 have had on -

"(i) the Federal indirect cost reimbursement rates, the

rate of change of the Federal indirect cost reimbursement

rates, the distribution by category of the Federal indirect

cost reimbursement rates, and the distribution by type of

entity of the Federal indirect cost reimbursement rates; and

"(ii) the Federal indirect cost reimbursement (as

calculated in accordance with Office of Management and Budget

Circular A-21), the rate of change of the Federal indirect

cost reimbursement, the distribution by category of the

Federal indirect cost reimbursement, and the distribution by

type of entity of the Federal indirect cost reimbursement;

"(D) analyzing the impact, if any, of Federal and State law

on the Federal indirect cost reimbursement rates;

"(E)(i) analyzing options to reduce or control the rate of

growth of the Federal indirect cost reimbursement rates,

including options such as benchmarking of facilities and

equipment cost, elimination of cost studies, mandated

percentage reductions in the Federal indirect cost

reimbursement; and

"(ii) assessing the benefits and burdens of the options to

the Federal Government, research institutions, and researchers;

and

"(F) analyzing options for creating a database -

"(i) for tracking the Federal indirect cost reimbursement

rates and the Federal indirect cost reimbursement; and

"(ii) for analyzing the impact that changes in policies

with respect to Federal indirect cost reimbursement will have

on the Federal Government, researchers, and research

institutions.

"(2) Report to congress. - The report prepared under paragraph

(1) shall be submitted to Congress not later than 1 year after

the date of enactment of this Act [July 29, 1998]."

NOTICE; ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS

Pub. L. 105-207, title II, Secs. 205, 206, July 29, 1998, 112

Stat. 876, provided that:

"SEC. 205. NOTICE.

"(a) Notice of Reprogramming. - If any funds appropriated

pursuant to the amendments made by this Act [See Short Title of

1998 Amendment note set out under section 1861 of this title] are

subject to a reprogramming action that requires notice to be

provided to the Committees on Appropriations of the Senate and the

House of Representatives, notice of that action shall concurrently

be provided to the Committee on Commerce, Science, and

Transportation of the Senate, the Committee on Labor and Human

Resources of the Senate, and the Committee on Science of the House

of Representatives.

"(b) Notice of Reorganization. - Not later than 15 days before

any major reorganization of any program, project, or activity of

the National Science Foundation, the Director of the National

Science Foundation shall provide notice to the Committees on

Science and Appropriations of the House of Representatives and the

Committees on Commerce, Science and Transportation, Labor and Human

Resources of the Senate, and Appropriations of the Senate.

"SEC. 206. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.

"(a) Definitions. - In this section:

"(1) Educationally useful federal equipment. - The term

'educationally useful Federal equipment' means computers and

related peripheral tools and research equipment that is

appropriate for use in schools.

"(2) School. - The term 'school' means a public or private

educational institution that serves any of the grades of

kindergarten through grade 12.

"(b) Sense of the Congress. -

"(1) In general. - It is the sense of the Congress that the

Director should, to the greatest extent practicable and in a

manner consistent with applicable Federal law (including

Executive Order No. 12999 [40 U.S.C. 549 note]), donate

educationally useful Federal equipment to schools in order to

enhance the science and mathematics programs of those schools.

"(2) Reports. -

"(A) In general. - Not later than 1 year after the date of

enactment of this Act [July 29, 1998], and annually thereafter,

the Director shall prepare and submit to the President a report

that meets the requirements of this paragraph. The President

shall submit that report to Congress at the same time as the

President submits a budget request to Congress under section

1105(a) of title 31, United States Code.

"(B) Contents of report. - The report prepared by the

Director under this paragraph shall describe any donations of

educationally useful Federal equipment to schools made during

the period covered by the report."

-CROSS-

DEFINITIONS

Pub. L. 105-207, Sec. 2, July 29, 1998, 112 Stat. 869, as amended

by Pub. L. 107-368, Sec. 14(b)(3), Dec. 19, 2002, 116 Stat. 3057,

provided that: "In this Act [see Short Title of 1998 Amendment note

set out under section 1861 of this title]:

"(1) Director. - The term 'Director' means the Director of the

National Science Foundation established under section 2 of the

National Science Foundation Act of 1950 (42 U.S.C. 1861).

"(2) Foundation. - The term 'Foundation' means the National

Science Foundation established under section 2 of the National

Science Foundation Act of 1950 (42 U.S.C. 1861).

"(3) Full life-cycle cost. - The term 'full life-cycle cost'

means all costs of planning, development, procurement,

construction, operations and support, and shut-down costs,

without regard to funding source and without regard to what

entity manages the project or facility involved.

"(4) Board. - The term 'Board' means the National Science Board

established under section 2 of the National Science Foundation

Act of 1950 (42 U.S.C. 1861).

"(5) United states. - The term 'United States' means the

several States, the District of Columbia, the Commonwealth of

Puerto Rico, the Virgin Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and any other

territory or possession of the United States.

"(6) National research facility. - The term 'national research

facility' means a research facility funded by the Foundation

which is available, subject to appropriate policies allocating

access, for use by all scientists and engineers affiliated with

research institutions located in the United States."

-End-

-CITE-

42 USC Sec. 1862l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862l. National research facilities

-STATUTE-

(a) Facilities plan

(1) In general

The Director shall prepare, and include as part of the

Foundation's annual budget request to Congress, a plan for the

proposed construction of, and repair and upgrades to, national

research facilities, including full life-cycle cost information.

(2) Contents of the plan

The plan shall include -

(A) estimates of the costs for the construction, repairs, and

upgrades described in paragraph (1), including costs for

instrumentation development;

(B) estimates of the costs for the operation and maintenance

of existing and proposed new facilities;

(C) in the case of proposed new construction and for major

upgrades to existing facilities, funding profiles, by fiscal

year, and milestones for major phases of the construction;

(D) for each project funded under the major research

equipment and facilities construction account -

(i) estimates of the total project cost (from planning to

commissioning); and

(ii) the source of funds, including Federal funding

identified by appropriations category and non-Federal

funding;

(E) estimates of the full life-cycle cost of each national

research facility;

(F) information on any plans to retire national research

facilities; and

(G) estimates of funding levels for grants supporting

research that will be conducted using each national research

facility.

(3) Special rule

The plan shall include cost estimates in the categories of

construction, repair, and upgrades -

(A) for the year in which the plan is submitted to Congress;

and

(B) for not fewer than the succeeding 4 years.

(b) Status of facilities under construction

The plan required under subsection (a) of this section shall

include a status report for each uncompleted construction project

included in current and previous plans. The status report shall

include data on cumulative construction costs by project compared

with estimated costs, and shall compare the current and original

schedules for achievement of milestones for the major phases of the

construction.

-SOURCE-

(Pub. L. 105-207, title II, Sec. 201, July 29, 1998, 112 Stat. 872;

Pub. L. 107-368, Sec. 14(b)(1), (2), Dec. 19, 2002, 116 Stat. 3056,

3057.)

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 1998, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-368, Sec. 14(b)(1), reenacted

heading without change and amended text generally. Prior to

amendment, text read as follows: "Not later than December 1, of

each year, the Director shall, as part of the annual budget

request, prepare and submit to Congress a plan for the proposed

construction of, and repair and upgrades to, national research

facilities."

Subsec. (a)(2)(A). Pub. L. 107-368, Sec. 14(b)(2)(A), substituted

"(1), including costs for instrumentation development;" for "(1);".

Subsec. (a)(2)(D) to (G). Pub. L. 107-368, Sec. 14(b)(2)(B)-(D),

added subpars. (D) to (G).

-End-

-CITE-

42 USC Sec. 1862m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862m. Financial disclosure

-STATUTE-

Persons temporarily employed by or at the Foundation shall be

subject to the same financial disclosure requirements and related

sanctions under the Ethics in Government Act of 1978 (5 U.S.C.

App.) as are permanent employees of the Foundation in equivalent

positions.

-SOURCE-

(Pub. L. 105-207, title II, Sec. 204, July 29, 1998, 112 Stat.

876.)

-REFTEXT-

REFERENCES IN TEXT

The Ethics in Government Act of 1978, referred to in text, is

Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. For

complete classification of this Act to the Code, see Short Title

note set out under section 101 of Pub. L. 95-521 in the Appendix to

Title 5, Government Organization and Employees, and Tables.

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 1998, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-End-

-CITE-

42 USC Sec. 1862n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862n. Mathematics and science education partnerships

-STATUTE-

(a) Program authorized

(1) In general

(A) The Director shall carry out a program to award grants to

institutions of higher education or eligible nonprofit

organizations (or consortia of such institutions or

organizations) to establish mathematics and science education

partnership programs to improve elementary and secondary

mathematics and science instruction.

(B) Grants shall be awarded under this subsection on a

competitive, merit-reviewed basis.

(2) Partnerships

(A) In order to be eligible to receive a grant under this

subsection, an institution of higher education or eligible

nonprofit organization (or consortium of such institutions or

organizations) shall enter into a partnership with one or more

local educational agencies that may also include a State

educational agency or one or more businesses.

(B) A participating institution of higher education shall

include mathematics, science, or engineering departments in the

programs carried out through a partnership under this paragraph.

(3) Uses of funds

Grants awarded under this subsection shall be used for

activities that draw upon the expertise of the partners to

improve elementary or secondary education in mathematics or

science and that are consistent with State mathematics and

science student academic achievement standards, including -

(A) recruiting and preparing students for careers in

elementary or secondary mathematics or science education;

(B) offering professional development programs, including

summer or academic year institutes or workshops, designed to

strengthen the capabilities of mathematics and science

teachers;

(C) offering innovative preservice and inservice programs

that instruct teachers on using technology more effectively in

teaching mathematics and science, including programs that

recruit and train undergraduate and graduate students to

provide technical support to teachers;

(D) developing distance learning programs for teachers or

students, including developing courses, curricular materials,

and other resources for the in-service professional development

of teachers that are made available to teachers through the

Internet;

(E) developing a cadre of master teachers who will promote

reform and improvement in schools;

(F) offering teacher preparation and certification programs

for professional mathematicians, scientists, and engineers who

wish to begin a career in teaching;

(G) developing tools to evaluate activities conducted under

this subsection;

(H) developing or adapting elementary school and secondary

school mathematics and science curricular materials that

incorporate contemporary research on the science of learning;

(I) developing initiatives to increase and sustain the

number, quality, and diversity of prekindergarten through grade

12 teachers of mathematics and science, especially in

underserved areas;

(J) using mathematicians, scientists, and engineers employed

by private businesses to help recruit and train mathematics and

science teachers;

(K) developing and offering mathematics or science enrichment

programs for students, including after-school and summer

programs;

(L) providing research opportunities in business or academia

for students and teachers;

(M) bringing mathematicians, scientists, and engineers from

business and academia into elementary school and secondary

school classrooms; and

(N) any other activities the Director determines will

accomplish the goals of this subsection.

(4) Master teachers

Activities carried out in accordance with paragraph (3)(E)

shall -

(A) emphasize the training of master teachers who will

improve the instruction of mathematics or science in

kindergarten through grade 12;

(B) include training in both content and pedagogy; and

(C) provide training only to teachers who will be granted

sufficient nonclassroom time to serve as master teachers, as

demonstrated by assurances their employing school has provided

to the Director, in such time and such manner as the Director

may require.

(5) Science enrichment programs for girls

Activities carried out in accordance with paragraph (3)(K) and

(L) shall include elementary school and secondary school programs

to encourage the ongoing interest of girls in science,

mathematics, engineering, and technology and to prepare girls to

pursue undergraduate and graduate degrees and careers in science,

mathematics, engineering, or technology. Funds made available

through awards to partnerships for the purposes of this paragraph

may support programs for -

(A) encouraging girls to pursue studies in science,

mathematics, engineering, and technology and to major in such

fields in postsecondary education;

(B) tutoring girls in science, mathematics, engineering, and

technology;

(C) providing mentors for girls in person and through the

Internet to support such girls in pursuing studies in science,

mathematics, engineering, and technology;

(D) educating the parents of girls about the difficulties

faced by girls to maintain an interest and desire to achieve in

science, mathematics, engineering, and technology, and

enlisting the help of parents in overcoming these difficulties;

and

(E) acquainting girls with careers in science, mathematics,

engineering, and technology and encouraging girls to plan for

careers in such fields.

(6) Research in secondary schools

Activities carried out in accordance with paragraph (3)(K) may

include support for research projects performed by students at

secondary schools. Uses of funds made available through awards to

partnerships for purposes of this paragraph may include -

(A) training secondary school mathematics and science

teachers in the design of research projects for students;

(B) establishing a system for students and teachers involved

in research projects funded under this subsection to exchange

information about their projects and research results; and

(C) assessing the educational value of the student research

projects by such means as tracking the academic performance and

choice of academic majors of students conducting research.

(7) Stipends

Grants awarded under this subsection may be used to provide

stipends for teachers or students participating in training or

research activities that would not be part of their typical

classroom activities.

(b) Selection process

(1) Application

An institution of higher education or an eligible nonprofit

organization (or a consortium of such institutions or

organizations) seeking funding under subsection (a) of this

section shall submit an application to the Director at such time,

in such manner, and containing such information as the Director

may require. The application shall include, at a minimum -

(A) a description of the partnership and the role that each

member will play in implementing the proposal;

(B) a description of each of the activities to be carried

out, including -

(i) how such activities will be aligned with State

mathematics and science student academic achievement

standards and with other activities that promote student

achievement in mathematics and science;

(ii) how such activities will be based on a review of

relevant research;

(iii) why such activities are expected to improve student

performance and strengthen the quality of mathematics and

science instruction; and

(iv) any activities that will encourage the interest of

individuals identified in section 1885a or 1885b of this

title in mathematics, science, engineering, and technology

and will help prepare such individuals to pursue

postsecondary studies in these fields;

(C) a description of the number, size, and nature of any

stipends that will be provided to students or teachers and the

reasons such stipends are needed;

(D) a description of how the partnership will serve as a

catalyst for reform of mathematics and science education

programs;

(E) a description of how the partnership will assess its

success;

(F) a description of how the partnership will collaborate

with the State educational agency to ensure that successful

partnership activities may be replicated throughout the State;

and

(G) a description of the manner in which the partnership will

be continued after assistance under this section ends.

(2) Review of applications

In evaluating the applications submitted under paragraph (1),

the Director shall consider, at a minimum -

(A) the ability of the partnership to carry out effectively

the proposed programs;

(B) the extent to which the members of the partnership are

committed to making the partnership a central organizational

focus;

(C) the degree to which activities carried out by the

partnership are based on relevant research and are likely to

result in increased student achievement;

(D) the degree to which such activities are aligned with

State mathematics and science student academic achievement

standards;

(E) the likelihood that the partnership will demonstrate

activities that can be widely implemented as part of larger

scale reform efforts; and

(F) the extent to which the activities will encourage the

interest of individuals identified in section 1885a or 1885b of

this title in mathematics, science, engineering, and technology

and will help prepare such individuals to pursue postsecondary

studies in these fields.

(3) Awards

In awarding grants under this section, the Director shall -

(A) give priority to applications in which the partnership

includes a high-need local educational agency or a high-need

local educational agency in which at least one school does not

make adequate yearly progress, as determined pursuant to part A

of title I of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 6311 et seq.); and

(B) ensure that, to the extent practicable, a substantial

number of the partnerships funded under this section include

businesses.

(c) Accountability and dissemination

(1) Assessment required

The Director shall evaluate the program established under

subsection (a) of this section. At a minimum, such evaluation

shall -

(A) use a common set of benchmarks and assessment tools to

identify best practices and materials developed and

demonstrated by the partnerships; and

(B) to the extent practicable, compare the effectiveness of

practices and materials developed and demonstrated by the

partnerships authorized under this section with those of

partnerships funded by other State or Federal agencies.

(2) Dissemination of results

(A) The results of the evaluation required under paragraph (1)

shall be made available to the public and shall be provided to

the Committee on Science of the House of Representatives, the

Committee on Commerce, Science, and Transportation of the Senate,

and the Committee on Health, Education, Labor, and Pensions of

the Senate.

(B) Materials developed under the program established under

subsection (a) of this section that are demonstrated to be

effective shall be made widely available to the public.

(3) Annual meeting

The Director, in consultation with the Secretary of Education,

shall convene an annual meeting of the partnerships participating

under this section to foster greater national collaboration.

(4) Report on coordination

The Director, in consultation with the Secretary of Education,

shall provide an annual report to the Committee on Science of the

House of Representatives, the Committee on Education and the

Workforce of the House of Representatives, the Committee on

Commerce, Science, and Transportation of the Senate, and the

Committee on Health, Education, Labor, and Pensions of the Senate

describing how the program authorized under this section has been

and will be coordinated with the program authorized under part B

of title II of the Elementary and Secondary Education Act of 1965

[20 U.S.C. 6661 et seq.]. The report under this paragraph shall

be submitted along with the President's annual budget request.

(5) Technical assistance

At the request of an eligible partnership or a State

educational agency, the Director shall provide the partnership or

agency with technical assistance in meeting any requirements of

this section, including providing advice from experts on how to

develop -

(A) a quality application for a grant; and

(B) quality activities from funds received from a grant under

this section.

-SOURCE-

(Pub. L. 107-368, Sec. 9, Dec. 19, 2002, 116 Stat. 3044.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsecs. (b)(3)(A) and (c)(4), is Pub. L. 89-10, Apr. 11, 1965,

79 Stat. 27, as amended. Part A of title I of the Act is classified

generally to part A (Sec. 6311 et seq.) of subchapter I of chapter

70 of Title 20, Education. Part B of title II of the Act is

classified generally to part B (Sec. 6661 et seq.) of subchapter II

of chapter 70 of Title 20. For complete classification of this Act

to the Code, see Short Title note set out under section 6301 of

Title 20 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 2002, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

FINDINGS

Pub. L. 107-368, Sec. 2, Dec. 19, 2002, 116 Stat. 3034, provided

that: "Congress finds the following:

"(1) The National Science Foundation has made major

contributions for more than 50 years to strengthen and sustain

the Nation's academic research enterprise that is the envy of the

world.

"(2) The economic strength and national security of the United

States and the quality of life of all Americans are grounded in

the Nation's scientific and technological capabilities.

"(3) The National Science Foundation carries out important

functions in supporting basic research in all science and

engineering disciplines and in supporting science, mathematics,

engineering, and technology education at all levels.

"(4) The research and education activities of the National

Science Foundation promote the discovery, integration,

dissemination, and application of new knowledge in service to

society and prepare future generations of scientists,

mathematicians, and engineers who will be necessary to ensure

America's leadership in the global marketplace.

"(5) The National Science Foundation must be provided with

sufficient resources to enable it to carry out its

responsibilities to develop intellectual capital, strengthen the

scientific infrastructure, integrate research and education,

enhance the delivery of mathematics and science education in the

United States, and improve the technological literacy of all

people in the United States.

"(6) The emerging global economic, scientific, and technical

environment challenges long-standing assumptions about domestic

and international policy, requiring the National Science

Foundation to play a more proactive role in sustaining the

competitive advantage of the United States through superior

research capabilities.

"(7) Commercial application of the results of Federal

investment in basic and computing science is consistent with

longstanding United States technology transfer policy and is a

critical national priority, particularly with regard to

cybersecurity and other homeland security applications, because

of the urgent needs of commercial, academic, and individual users

as well as the Federal and State Governments."

REPORT ON FOUNDATION BUDGETARY AND PROGRAMMATIC EXPANSION

Pub. L. 107-368, Sec. 22, Dec. 19, 2002, 116 Stat. 3065, provided

that: "The Board shall prepare a report to address and examine the

Foundation's budgetary and programmatic growth provided for by this

Act [see Short Title of 2002 Amendment note set out under section

1861 of this title]. The report shall be submitted to the Committee

on Science of the House of Representatives, the Committee on

Commerce, Science, and Transportation of the Senate, and the

Committee on Health, Education, Labor, and Pensions of the Senate

within one year after the date of the enactment of this Act [Dec.

19, 2002] and shall include -

"(1) recommendations on how the increased funding should be

utilized;

"(2) an examination of the projected impact that the budgetary

increases will have on the Nation's scientific and technological

workforce;

"(3) a description of new or expanded programs that will enable

institutions of higher education to expand their participation in

Foundation-funded activities;

"(4) an estimate of the national scientific and technological

research infrastructure needed to adequately support the

Foundation's increased funding and additional programs; and

"(5) a description of the impact the budgetary increases

provided under this Act will have on the size and duration of

grants awarded by the Foundation."

-CROSS-

DEFINITIONS

Pub. L. 107-368, Sec. 4, Dec. 19, 2002, 116 Stat. 3035, provided

that: "In this Act [see Short Title of 2002 Amendment note set out

under section 1861 of this title]:

"(1) Academic unit. - The term 'academic unit' means a

department, division, institute, school, college, or other

subcomponent of an institution of higher education.

"(2) Board. - The term 'Board' means the National Science Board

established under section 2 of the National Science Foundation

Act of 1950 (42 U.S.C. 1861).

"(3) Community college. - The term 'community college' has the

meaning given such term in section 3301(3) of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 7011(3)).

"(4) Director. - The term 'Director' means the Director of the

National Science Foundation established under section 2 of the

National Science Foundation Act of 1950 (42 U.S.C. 1861).

"(5) Elementary school. - The term 'elementary school' has the

meaning given that term by section 9101(18) of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 7801(18)).

"(6) Eligible nonprofit organization. - The term 'eligible

nonprofit organization' means a nonprofit research institute, or

a nonprofit professional association, with demonstrated

experience and effectiveness in mathematics or science education

as determined by the Director.

"(7) Foundation. - The term 'Foundation' means the National

Science Foundation established under section 2 of the National

Science Foundation Act of 1950 (42 U.S.C. 1861).

"(8) High-need local educational agency. - The term 'high-need

local educational agency' means a local educational agency that

meets one or more of the following criteria:

"(A) It has at least one school in which 50 percent or more

of the enrolled students are eligible for participation in the

free and reduced price lunch program established by the Richard

B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).

"(B) It has at least one school in which -

"(i) more than 34 percent of the academic classroom

teachers at the secondary level (across all academic

subjects) do not have an undergraduate degree with a major or

minor in, or a graduate degree in, the academic field in

which they teach the largest percentage of their classes; or

"(ii) more than 34 percent of the teachers in two of the

academic departments do not have an undergraduate degree with

a major or minor in, or a graduate degree in, the academic

field in which they teach the largest percentage of their

classes.

"(C) It has at least one school whose teacher attrition rate

has been 15 percent or more over the last three school years.

"(9) Institution of higher education. - The term 'institution

of higher education' has the meaning given such term in section

101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

"(10) Local educational agency. - The term 'local educational

agency' has the meaning given such term by section 9101(26) of

the Elementary and Secondary Education Act of 1965 (20 U.S.C.

7801(26)).

"(11) Master teacher. - The term 'master teacher' means a

mathematics or science teacher who works to improve the

instruction of mathematics or science in kindergarten through

grade 12 through -

"(A) participating in the development or revision of science,

mathematics, engineering, or technology curricula;

"(B) serving as a mentor to mathematics or science teachers;

"(C) coordinating and assisting teachers in the use of

hands-on inquiry materials, equipment, and supplies, and when

appropriate, supervising acquisition and repair of such

materials;

"(D) providing in-classroom teaching assistance to

mathematics or science teachers; and

"(E) providing professional development, including for the

purposes of training other master teachers, to mathematics and

science teachers.

"(12) National research facility. - The term 'national research

facility' means a research facility funded by the Foundation

which is available, subject to appropriate policies allocating

access, for use by all scientists and engineers affiliated with

research institutions located in the United States.

"(13) Secondary school. - The term 'secondary school' has the

meaning given that term by section 9101(38) of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 7801(38)).

"(14) State. - Except with respect to the Experimental Program

to Stimulate Competitive Research, the term 'State' means one of

the several States, the District of Columbia, the Commonwealth of

Puerto Rico, the Virgin Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, or any other

territory or possession of the United States.

"(15) State educational agency. - The term 'State educational

agency' has the meaning given such term by section 9101(41) of

the Elementary and Secondary Education Act of 1965 (20 U.S.C.

7801(41)).

"(16) United states. - The term 'United States' means the

several States, the District of Columbia, the Commonwealth of

Puerto Rico, the Virgin Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and any other

territory or possession of the United States."

-End-

-CITE-

42 USC Sec. 1862n-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862n-1. Robert Noyce Scholarship Program

-STATUTE-

(a) Scholarship program

(1) In general

The Director shall carry out a program to award grants to

institutions of higher education (or consortia of such

institutions) to provide scholarships, stipends, and programming

designed to recruit and train mathematics and science teachers.

Such program shall be known as the "Robert Noyce Scholarship

Program".

(2) Merit review

Grants shall be provided under this subsection on a

competitive, merit-reviewed basis.

(3) Use of grants

Grants provided under this section shall be used by

institutions of higher education or consortia -

(A) to develop and implement a program to encourage top

college juniors and seniors majoring in mathematics, science,

and engineering at the grantee's institution to become

mathematics and science teachers, through -

(i) administering scholarships in accordance with

subsection (c) of this section;

(ii) offering programs to help scholarship recipients to

teach in elementary schools and secondary schools, including

programs that will result in teacher certification or

licensing; and

(iii) offering programs to scholarship recipients, both

before and after they receive their baccalaureate degree, to

enable the recipients to become better mathematics and

science teachers, to fulfill the service requirements of this

section, and to exchange ideas with others in their fields;

or

(B) to develop and implement a program to encourage science,

mathematics, or engineering professionals to become mathematics

and science teachers, through -

(i) administering stipends in accordance with subsection

(d) of this section;

(ii) offering programs to help stipend recipients obtain

teacher certification or licensing; and

(iii) offering programs to stipend recipients, both during

and after matriculation in the program for which the stipend

is received, to enable recipients to become better

mathematics and science teachers, to fulfill the service

requirements of this section, and to exchange ideas with

others in their fields.

(b) Selection process

(1) Application

An institution of higher education or consortium seeking

funding under this section shall submit an application to the

Director at such time, in such manner, and containing such

information as the Director may require. The application shall

include, at a minimum -

(A) a description of the scholarship or stipend program that

the applicant intends to operate, including the number of

scholarships or the size and number of stipends the applicant

intends to award, and the selection process that will be used

in awarding the scholarships or stipends;

(B) evidence that the applicant has the capability to

administer the scholarship or stipend program in accordance

with the provisions of this section; and

(C) a description of the programming that will be offered to

scholarship or stipend recipients during and after their

matriculation in the program for which the scholarship or

stipend is received.

(2) Review of applications

In evaluating the applications submitted under paragraph (1),

the Director shall consider, at a minimum -

(A) the ability of the applicant to effectively carry out the

program;

(B) the extent to which the applicant is committed to making

the program a central organizational focus;

(C) the degree to which the proposed programming will enable

scholarship or stipend recipients to become successful

mathematics and science teachers;

(D) the number and quality of the students that will be

served by the program; and

(E) the ability of the applicant to recruit students who

would otherwise not pursue a career in teaching.

(c) Scholarship requirements

(1) In general

Scholarships under this section shall be available only to

students who are -

(A) majoring in science, mathematics, or engineering; and

(B) in the last 2 years of a baccalaureate degree program.

(2) Selection

Individuals shall be selected to receive scholarships primarily

on the basis of academic merit, with consideration given to

financial need and to the goal of promoting the participation of

individuals identified in section 1885a or 1885b of this title.

(3) Amount

The Director shall establish for each year the amount to be

awarded for scholarships under this section for that year, which

shall be not less than $7,500 per year, except that no individual

shall receive for any year more than the cost of attendance at

that individual's institution. Individuals may receive a maximum

of 2 years of scholarship support.

(4) Service obligation

If an individual receives a scholarship, that individual shall

be required to complete, within 6 years after graduation from the

baccalaureate degree program for which the scholarship was

awarded, 2 years of service as a mathematics or science teacher

for each year a scholarship was received. Service required under

this paragraph shall be performed in a high-need local

educational agency.

(d) Stipends

(1) In general

Stipends under this section shall be available only to

mathematics, science, and engineering professionals who, while

receiving the stipend, are enrolled in a program to receive

certification or licensing to teach.

(2) Selection

Individuals shall be selected to receive stipends under this

section primarily on the basis of academic merit, with

consideration given to financial need and to the goal of

promoting the participation of individuals identified in section

1885a or 1885b of this title.

(3) Duration

Individuals may receive a maximum of 1 year of stipend support.

(4) Service obligation

If an individual receives a stipend under this section, that

individual shall be required to complete, within 6 years after

graduation from the program for which the stipend was awarded, 2

years of service as a mathematics or science teacher for each

year a stipend was received. Service required under this

paragraph shall be performed in a high-need local educational

agency.

(e) Conditions of support

As a condition of acceptance of a scholarship or stipend under

this section, a recipient shall enter into an agreement with the

institution of higher education -

(1) accepting the terms of the scholarship or stipend pursuant

to subsections (c) and (g) of this section, or subsection (d) of

this section;

(2) agreeing to provide the awarding institution of higher

education with annual certification of employment and up-to-date

contact information and to participate in surveys provided by the

institution of higher education as part of an ongoing assessment

program; and

(3) establishing that any scholarship recipient shall be liable

to the United States for any amount that is required to be repaid

in accordance with the provisions of subsection (g) of this

section.

(f) Collection for noncompliance

(1) Monitoring compliance

An institution of higher education (or consortium thereof)

receiving a grant under this section shall, as a condition of

participating in the program, enter into an agreement with the

Director to monitor the compliance of scholarship and stipend

recipients with their respective service requirements.

(2) Collection of repayment

(A) In the event that a scholarship recipient is required to

repay the scholarship under subsection (g) of this section, the

institution shall be responsible for collecting the repayment

amounts.

(B) Except as provided in subparagraph (C), any such repayment

shall be returned to the Treasury of the United States.

(C) A grantee may retain a percentage of any repayment it

collects to defray administrative costs associated with the

collection. The Director shall establish a single, fixed

percentage that will apply to all grantees.

(g) Failure to complete service obligation

(1) General rule

If an individual who has received a scholarship under this

section -

(A) fails to maintain an acceptable level of academic

standing in the educational institution in which the individual

is enrolled, as determined by the Director;

(B) is dismissed from such educational institution for

disciplinary reasons;

(C) withdraws from the baccalaureate degree program for which

the award was made before the completion of such program;

(D) declares that the individual does not intend to fulfill

the service obligation under this section; or

(E) fails to fulfill the service obligation of the individual

under this section,

such individual shall be liable to the United States as provided

in paragraph (2).

(2) Amount of repayment

(A) If a circumstance described in paragraph (1) occurs before

the completion of one year of a service obligation under this

section, the United States shall be entitled to recover from the

individual, within one year after the date of the occurrence of

such circumstance, an amount equal to -

(i) the total amount of awards received by such individual

under this section; plus

(ii) the interest on the amounts of such awards which would

be payable if at the time the awards were received they were

loans bearing interest at the maximum legal prevailing rate, as

determined by the Treasurer of the United States,

multiplied by 2.

(B) If a circumstance described in paragraph (1)(D) or (E)

occurs after the completion of one year of a service obligation

under this section, the United States shall be entitled to

recover from the individual, within one year after the date of

the occurrence of such circumstance, an amount equal to the total

amount of awards received by such individual under this section

minus 1/2 of the amount of the award received per year for each

full year of service completed, plus the interest on such amounts

which would be payable if at the time the amounts were received

they were loans bearing interest at the maximum legal prevailing

rate, as determined by the Treasurer of the United States.

(3) Exceptions

The Director may provide for the partial or total waiver or

suspension of any service or payment obligation by an individual

under this section whenever compliance by the individual with the

obligation is impossible or would involve extreme hardship to the

individual, or if enforcement of such obligation with respect to

the individual would be unconscionable.

(h) Data collection

Institutions or consortia receiving grants under this section

shall supply to the Director any relevant statistical and

demographic data on scholarship recipients and stipend recipients

the Director may request, including information on employment

required by subsection (e) of this section.

(i) Definitions

In this section -

(1) the term "cost of attendance" has the meaning given such

term in section 1087ll of title 20;

(2) the term "mathematics and science teacher" means a

mathematics, science, or technology teacher at the elementary

school or secondary school level;

(3) the term "mathematics, science, or engineering

professional" means a person who holds a baccalaureate, masters,

or doctoral degree in science, mathematics, or engineering and is

working in that field or a related area;

(4) the term "scholarship" means an award under subsection (c)

of this section; and

(5) the term "stipend" means an award under subsection (d) of

this section.

-SOURCE-

(Pub. L. 107-368, Sec. 10, Dec. 19, 2002, 116 Stat. 3049.)

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 2002, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-CROSS-

DEFINITIONS

For definitions of terms used in this section, see section 4 of

Pub. L. 107-368, set out as a note under section 1862n of this

title.

-End-

-CITE-

42 USC Sec. 1862n-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862n-2. Establishment of centers for research on mathematics

and science learning and education improvement

-STATUTE-

(a) Establishment

(1) In general

(A) The Director shall award grants to institutions of higher

education (or consortia thereof) to establish multidisciplinary

Centers for Research on Learning and Education Improvement.

(B) Grants shall be awarded under this paragraph on a

competitive, merit-reviewed basis.

(2) Purpose

The purpose of the Centers shall be to conduct and evaluate

research in cognitive science, education, and related fields and

to develop ways in which the results of such research can be

applied in elementary school and secondary school classrooms to

improve the teaching of mathematics and science.

(3) Focus

(A) Each Center shall be focused on a different challenge faced

by elementary school or secondary school teachers of mathematics

and science. In determining the research focus of the Centers,

the Director shall consult with the National Academy of Sciences

and the Secretary of Education and take into account the extent

to which other Federal programs support research on similar

questions.

(B) The proposal solicitation issued by the Director shall

state the focus of each Center and applicants shall apply for

designation as a specific Center.

(C) At least one Center shall focus on developing ways in which

the results of research described in paragraph (2) can be

applied, duplicated, and scaled up for use in low-performing

elementary schools and secondary schools to improve the teaching

and student achievement levels in mathematics and science.

(D) To the extent practicable and relevant to its focus, every

Center shall include, as part of its research, work designed to

quantitatively assess and improve the ways that information

technology is used in the teaching of mathematics and science.

(b) Selection process

(1) Application

An institution of higher education (or a consortium of such

institutions) seeking funding under this section shall submit an

application to the Director at such time, in such manner, and

containing such information as the Director may require. The

application shall include, at a minimum, a description of -

(A) the initial research projects that will be undertaken by

the Center and the process by which new projects will be

identified;

(B) how the Center will work with other research institutions

and schools to broaden the national research agenda on learning

and teaching;

(C) how the Center will promote active collaboration among

physical, biological, and social science researchers;

(D) how the Center will promote active participation by

elementary and secondary mathematics and science teachers and

administrators; and

(E) how the results of the Center's research can be

incorporated into educational practices, and how the Center

will assess the success of those practices.

(2) Review of applications

In evaluating the applications submitted under paragraph (1),

the Director shall consider, at a minimum -

(A) the ability of the applicant to effectively carry out the

research program, including the activities described in

paragraph (1)(E);

(B) the experience of the applicant in conducting research on

the science of teaching and learning and the capacity of the

applicant to foster new multidisciplinary collaborations;

(C) the capacity of the applicant to attract elementary

school and secondary school teachers from a diverse array of

schools, and with diverse professional experiences, for

participation in Center activities; and

(D) the capacity of the applicant to attract and provide

adequate support for graduate students to pursue research at

the intersection of educational practice and basic research on

human cognition and learning.

(3) Awards

The Director shall ensure, to the extent practicable, that the

Centers funded under this section conduct research and develop

educational practices designed to improve the educational

performance of a broad range of students, including individuals

identified in section 1885a or 1885b of this title.

(c) Annual conference

The Director shall convene an annual meeting of the Centers to

foster collaboration among the Centers and to further disseminate

the results of the Centers' activities.

(d) Coordination

The Director shall coordinate with the Secretary of Education in

-

(1) disseminating the results of the research conducted

pursuant to grants awarded under this section to elementary

school teachers and secondary school teachers; and

(2) providing programming, guidance, and support to ensure that

such teachers -

(A) understand the implications of the research disseminated

under paragraph (1) for classroom practice; and

(B) can use the research to improve such teachers'

performance in the classroom.

-SOURCE-

(Pub. L. 107-368, Sec. 11, Dec. 19, 2002, 116 Stat. 3053.)

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 2002, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-CROSS-

DEFINITIONS

For definitions of terms used in this section, see section 4 of

Pub. L. 107-368, set out as a note under section 1862n of this

title.

-End-

-CITE-

42 USC Sec. 1862n-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862n-3. Duplication of programs

-STATUTE-

(a) In general

The Director shall review the education programs of the

Foundation that are in operation as of December 19, 2002, to

determine whether any of such programs duplicate the programs

authorized under this Act.

(b) Implementation

As programs authorized under this Act are implemented, the

Director shall -

(1) terminate any duplicative program being carried out by the

Foundation or merge the duplicative program into a program

authorized under this Act; and

(2) not establish any new program that duplicates a program

that has been implemented pursuant to this Act.

(c) Report

(1) Review

The Director of the Office of Science and Technology Policy

shall review the education programs of the Foundation to ensure

compliance with the provisions of this section.

(2) Submission

Not later than 1 year after December 19, 2002, and annually

thereafter as part of the annual Office of Science and Technology

Policy's budget submission to Congress, the Director of the

Office of Science and Technology Policy shall complete a report

on the review carried out under this subsection and shall submit

the report to the Committee on Science and the Committee on

Appropriations of the House of Representatives, and to the

Committee on Commerce, Science, and Transportation, the Committee

on Health, Education, Labor, and Pensions, and the Committee on

Appropriations of the Senate.

-SOURCE-

(Pub. L. 107-368, Sec. 12, Dec. 19, 2002, 116 Stat. 3054.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (b), is Pub. L.

107-368, Dec. 19, 2002, 116 Stat. 3034, known as the National

Science Foundation Authorization Act of 2002. For complete

classification of this Act to the Code, see Short Title of 2002

Amendment note set out under section 1861 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 2002, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-CROSS-

DEFINITIONS

For definitions of terms used in this section, see section 4 of

Pub. L. 107-368, set out as a note under section 1862n of this

title.

-End-

-CITE-

42 USC Sec. 1862n-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862n-4. Major research equipment and facilities construction

plan

-STATUTE-

(a) Prioritization of proposed major research equipment and

facilities construction

(1) Development of priorities

(A) The Director shall -

(i) develop a list indicating by number the relative priority

for funding under the major research equipment and facilities

construction account that the Director assigns to each project

the Board has approved for inclusion in a future budget

request; and

(ii) submit the list described in clause (i) to the Board for

approval.

(B) The Director shall update the list prepared under

subparagraph (A) each time the Board approves a new project that

would receive funding under the major research equipment and

facilities construction account, as necessary to prepare reports

under paragraph (2), and, from time to time, submit any updated

list to the Board for approval.

(2) Annual report

Not later than 90 days after December 19, 2002, and not later

than each June 15 thereafter, the Director shall transmit to the

Committee on Science of the House of Representatives, the

Committee on Commerce, Science, and Transportation of the Senate,

and the Committee on Health, Education, Labor, and Pensions of

the Senate a report containing -

(A) the most recent Board-approved priority list developed

under paragraph (1)(A);

(B) a description of the criteria used to develop such list;

and

(C) a description of the major factors for each project that

determined the ranking of such project on the list, based on

the application of the criteria described pursuant to

subparagraph (B).

(3) Criteria

The criteria described pursuant to paragraph (2)(B) shall

include, at a minimum -

(A) scientific merit;

(B) broad societal need and probable impact;

(C) consideration of the results of formal prioritization

efforts by the scientific community;

(D) readiness of plans for construction and operation;

(E) the applicant's management and administrative capacity of

large research facilities;

(F) international and interagency commitments; and

(G) the order in which projects were approved by the Board

for inclusion in a future budget request.

(b) Omitted

(c) Project management

No national research facility project funded under the major

research equipment and facilities construction account shall be

managed by an individual whose appointment to the Foundation is

temporary.

(d) Board approval of major research equipment and facilities

projects

(1) In general

The Board shall explicitly approve any project to be funded out

of the major research equipment and facilities construction

account before any funds may be obligated from such account for

such project.

(2) Report

Not later than September 15 of each fiscal year, the Board

shall report to the Committee on Commerce, Science, and

Transportation of the Senate, the Committee on Health, Education,

Labor, and Pensions of the Senate, and the Committee on Science

of the House of Representatives on the conditions of any

delegation of authority under section 1863 of this title that

relates to funds appropriated for any project in the major

research equipment and facilities construction account.

(e) National Academy of Sciences study on major research equipment

and facilities construction

(1) Study

Not later than 3 months after December 19, 2002, the Director

shall enter into an arrangement with the National Academy of

Sciences to perform a study on setting priorities for a diverse

array of disciplinary and interdisciplinary Foundation-sponsored

large research facility projects.

(2) Transmittal to Congress

Not later than 15 months after December 19, 2002, the Director

shall transmit to the Committee on Science and the Committee on

Appropriations of the House of Representatives, and to the

Committee on Commerce, Science, and Transportation, the Committee

on Health, Education, Labor, and Pensions, and the Committee on

Appropriations of the Senate, the study conducted by the National

Academy of Sciences together with the Foundation's reaction to

the study authorized under paragraph (1).

-SOURCE-

(Pub. L. 107-368, Sec. 14, Dec. 19, 2002, 116 Stat. 3056.)

-COD-

CODIFICATION

Section is comprised of section 14 of Pub. L. 107-368. Subsec.

(b)(1), (2) of section 14 of Pub. L. 107-368 amended section 1862l

of this title, and subsec. (b)(3) of section 14 of Pub. L. 107-368

amended provisions set out as a note under section 1862k of this

title.

Section was enacted as part of the National Science Foundation

Authorization Act of 2002, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-CROSS-

DEFINITIONS

For definitions of terms used in this section, see section 4 of

Pub. L. 107-368, set out as a note under section 1862n of this

title.

-End-

-CITE-

42 USC Sec. 1862n-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862n-5. Board meetings; audits; reports; scholarship

eligibility

-STATUTE-

(a) Board meetings

(1) Omitted

(2) Open meetings

The Board and all of its committees, subcommittees, and task

forces (and any other entity consisting of members of the Board

and reporting to the Board) shall be subject to section 552b of

title 5.

(3) Compliance audit

The Inspector General of the Foundation shall conduct an annual

audit of the compliance by the Board with the requirements

described in paragraph (2). The audit shall examine the proposed

and actual content of closed meetings and determine whether the

closure of the meetings was consistent with section 552b of title

5.

(4) Report

Not later than February 15 of each year, the Inspector General

of the Foundation shall transmit to the Committee on Science of

the House of Representatives, the Committee on Commerce, Science,

and Transportation of the Senate, and the Committee on Health,

Education, Labor, and Pensions of the Senate the audit required

under paragraph (3) along with recommendations for corrective

actions that need to be taken to achieve fuller compliance with

the requirements described in paragraph (2), and recommendations

on how to ensure public access to the Board's deliberations.

(b), (c) Omitted

(d) Scholarship eligibility

The Director shall not exclude part-time students from

eligibility for scholarships under the Computer Science,

Engineering, and Mathematics Scholarship program.

-SOURCE-

(Pub. L. 107-368, Sec. 15, Dec. 19, 2002, 116 Stat. 3058.)

-COD-

CODIFICATION

Section is comprised of section 15 of Pub. L. 107-368. Subsecs.

(a)(1) and (c) of section 15 of Pub. L. 107-368 amended section

1863 of this title, and subsec. (b) of section 15 of Pub. L.

107-368 amended section 1873 of this title.

Section was enacted as part of the National Science Foundation

Authorization Act of 2002, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-CROSS-

DEFINITIONS

For definitions of terms used in this section, see section 4 of

Pub. L. 107-368, set out as a note under section 1862n of this

title.

-End-

-CITE-

42 USC Sec. 1862n-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862n-6. Undergraduate education reform

-STATUTE-

(a) In general

The Director shall award grants, on a competitive, merit-reviewed

basis, to institutions of higher education to expand previously

implemented reforms of undergraduate science, mathematics,

engineering, or technology education that have been demonstrated to

have been successful in increasing the number and quality of

students studying toward and completing associate's or

baccalaureate degrees in science, mathematics, engineering, or

technology.

(b) Uses of funds

Activities supported by grants under this section may include -

(1) expansion of successful reform efforts beyond a single

course or group of courses to achieve reform within an entire

academic unit;

(2) expansion of successful reform efforts beyond a single

academic unit to other science, mathematics, engineering, or

technology academic units within an institution;

(3) creation of multidisciplinary courses or programs that

formalize collaborations for the purpose of improved student

instruction and research in science, mathematics, engineering,

and technology;

(4) expansion of undergraduate research opportunities beyond a

particular laboratory, course, or academic unit to engage

multiple academic units in providing multidisciplinary research

opportunities for undergraduate students;

(5) expansion of innovative tutoring or mentoring programs

proven to enhance student recruitment or persistence to degree

completion in science, mathematics, engineering, or technology;

(6) improvement of undergraduate science, mathematics,

engineering, and technology education for nonmajors, including

education majors; and

(7) implementation of technology-driven reform efforts,

including the installation of technology to facilitate such

reform, that directly impact undergraduate science, mathematics,

engineering, or technology instruction or research experiences.

(c) Selection process

(1) Applications

An institution of higher education seeking a grant under this

section shall submit an application to the Director at such time,

in such manner, and containing such information as the Director

may require. The application shall include, at a minimum -

(A) a description of the proposed reform effort;

(B) a description of the previously implemented reform effort

that will serve as the basis for the proposed reform effort and

evidence of success of that previous effort, including data on

student recruitment, persistence to degree completion, and

academic achievement;

(C) evidence of active participation in the proposed project

by individuals who were central to the success of the

previously implemented reform effort; and

(D) evidence of institutional support for, and commitment to,

the proposed reform effort, including a description of existing

or planned institutional policies and practices regarding

faculty hiring, promotion, tenure, and teaching assignment that

reward faculty contributions to undergraduate education equal

to, or greater than, scholarly scientific research.

(2) Review of applications

In evaluating applications submitted under paragraph (1), the

Director shall consider at a minimum -

(A) the evidence of past success in implementing

undergraduate education reform and the likelihood of success in

undertaking the proposed expanded effort;

(B) the extent to which the faculty, staff, and

administrators of the institution are committed to making the

proposed institutional reform a priority of the participating

academic unit;

(C) the degree to which the proposed reform will contribute

to change in institutional culture and policy such that a

greater value is placed on faculty engagement in undergraduate

education, as evidenced through promotion and tenure policies;

and

(D) the likelihood that the institution will sustain or

expand the reform beyond the period of the grant.

(3) Grant distribution

The Director shall ensure, to the extent practicable, that

grants awarded under this section are made to a variety of types

of institutions of higher education.

-SOURCE-

(Pub. L. 107-368, Sec. 17, Dec. 19, 2002, 116 Stat. 3060.)

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 2002, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-CROSS-

DEFINITIONS

For definitions of terms used in this section, see section 4 of

Pub. L. 107-368, set out as a note under section 1862n of this

title.

-End-

-CITE-

42 USC Sec. 1862n-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862n-7. Reports

-STATUTE-

(a) Grant size and duration

Not later than 6 months after December 19, 2002, the Director

shall transmit to the Committee on Science of the House of

Representatives, the Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on Health,

Education, Labor, and Pensions of the Senate a report describing

the impact that increasing the average grant size and duration

would have on minority-serving institutions and on institutions

located in States where the Foundation's Experimental Program to

Stimulate Competitive Research (established under section 1862g of

this title) is carrying out activities.

(b) Faculty

Not later than 3 months after December 19, 2002, the Director

shall enter into an arrangement with the National Academy of

Sciences to assess gender differences in the careers of science and

engineering faculty. This study shall build on the Academy's work

on gender differences in the carriers of doctoral scientists and

engineers and examine issues such as faculty hiring, promotion,

tenure, and allocation of resources including laboratory space.

Upon completion, the results of this study shall be transmitted to

the Committee on Science of the House of Representatives, the

Committee on Commerce, Science, and Transportation of the Senate,

and the Committee on Health, Education, Labor, and Pensions of the

Senate.

(c) Grant funding

Not later than 3 months after December 19, 2002, the Director

shall enter into an agreement with an appropriate party to assess

gender differences in the distribution of external Federal research

and development funding. This study shall examine differences in

amounts requested and awarded, by gender, in major Federal external

grant programs. Upon completion, the results of this study shall be

transmitted to the Committee on Science of the House of

Representatives, the Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on Health,

Education, Labor, and Pensions of the Senate.

(d) Study of broadband network access for schools and libraries

(1) Report to Congress

The Director shall conduct a study of the issues described in

paragraph (3), and not later than 1 year after December 19, 2002,

transmit to the Committee on Science of the House of

Representatives, the Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on Health,

Education, Labor, and Pensions of the Senate a report including

recommendations to address those issues. Such report shall be

updated annually for 4 additional years.

(2) Consultation

In preparing the reports under paragraph (1), the Director

shall consult with Federal agencies and educational entities as

the Director considers appropriate.

(3) Issues to be addressed

The reports shall -

(A) identify the availability of high-speed, large bandwidth

capacity access to different demographic groups served by

elementary schools, secondary schools, and libraries in the

United States;

(B) identify how the provision of high-speed, large bandwidth

capacity access to the Internet to such schools and libraries

can be effectively utilized within each school and library;

(C) consider the effect that specific or regional

circumstances may have on the ability of such institutions to

acquire high-speed, large bandwidth capacity access to achieve

universal connectivity as an effective tool in the education

process; and

(D) include options and recommendations to address the

challenges and issues identified in the reports.

(e) Minority-serving institution funding

(1) Annual reporting required

The Director shall submit an annual report, along with the

President's annual budget request, to the Committee on Science of

the House of Representatives, the Committee on Commerce, Science,

and Transportation of the Senate, and the Committee on Health,

Education, Labor, and Pensions of the Senate on the amount of

funding awarded by the Foundation to minority-serving

institutions, including funding received as members of consortia.

The report shall include information on such funding to

minority-serving institutions -

(A) expressed as a percentage of funding to all institutions

of higher education for each appropriations account within the

Foundation's budget; and

(B) for the preceding 10 years.

(2) Report on ways to improve funding

Within one year after December 19, 2002, the Director shall

submit to the Committee on Science of the House of

Representatives, the Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on Health,

Education, Labor, and Pensions of the Senate a report on

recommendations on how the Foundation can improve funding to

minority-serving institutions.

-SOURCE-

(Pub. L. 107-368, Sec. 18, Dec. 19, 2002, 116 Stat. 3061.)

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 2002, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-CROSS-

DEFINITIONS

For definitions of terms used in this section, see section 4 of

Pub. L. 107-368, set out as a note under section 1862n of this

title.

-End-

-CITE-

42 USC Sec. 1862n-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862n-8. Evaluations

-STATUTE-

(a) Education

(1) In general

The Director, through the Research, Evaluation and

Communication Division of the Education and Human Resources

Directorate of the Foundation, shall evaluate the effectiveness

of all undergraduate science, mathematics, engineering, or

technology education activities supported by the Foundation in

increasing the number and quality of students, including

individuals identified in section 1885a or 1885b of this title

studying toward and completing associate's or baccalaureate

degrees in science, mathematics, engineering, and technology. In

conducting the evaluation, the Director shall consider

information on -

(A) the number of students enrolled in undergraduate science,

mathematics, engineering, and technology programs;

(B) student academic achievement, including quantifiable

measurements of students' mastery of content and skills;

(C) persistence to degree completion, including students who

transfer from science, mathematics, engineering, and technology

programs to programs in other academic disciplines; and

(D) placement during the first year after degree completion

in post-graduate education or career pathways.

(2) Assessment benchmarks and tools

The Director, through the Research, Evaluation and

Communication Division of the Education and Human Resources

Directorate of the Foundation, shall establish a common set of

assessment benchmarks and tools, and shall enable every

Foundation-sponsored project to incorporate the use of these

benchmarks and tools in their project-based assessment

activities.

(3) Reports to Congress

Not later than 3 years after December 19, 2002, and once every

3 years thereafter, the Director shall transmit to the Committee

on Science of the House of Representatives, the Committee on

Commerce, Science, and Transportation of the Senate, and the

Committee on Health, Education, Labor, and Pensions of the Senate

a report containing the results of evaluations under paragraph

(1).

(b) Awards

Notwithstanding any other provision of this Act, the Director

shall annually evaluate a random sample of grants, contracts, or

other awards made pursuant to this Act.

(c) Dissemination

The Director shall -

(1) provide for the dissemination of the results of the

evaluations conducted pursuant to this section to the public; and

(2) provide notice to the public that such evaluations are

available.

-SOURCE-

(Pub. L. 107-368, Sec. 19, Dec. 19, 2002, 116 Stat. 3063.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is Pub. L. 107-368, Dec.

19, 2002, 116 Stat. 3034, known as the National Science Foundation

Authorization Act of 2002. For complete classification of this Act

to the Code, see Short Title of 2002 Amendment note set out under

section 1861 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 2002, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-CROSS-

DEFINITIONS

For definitions of terms used in this section, see section 4 of

Pub. L. 107-368, set out as a note under section 1862n of this

title.

-End-

-CITE-

42 USC Sec. 1862n-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862n-9. Astronomy and Astrophysics Advisory Committee

-STATUTE-

(a) Establishment

The Foundation and the National Aeronautics and Space

Administration shall jointly establish an Astronomy and

Astrophysics Advisory Committee (in this section referred to as the

"Advisory Committee").

(b) Duties

The Advisory Committee shall -

(1) assess, and make recommendations regarding, the

coordination of astronomy and astrophysics programs of the

Foundation and the National Aeronautics and Space Administration;

(2) assess, and make recommendations regarding, the status of

the activities of the Foundation and the National Aeronautics and

Space Administration as they relate to the recommendations

contained in the National Research Council's 2001 report entitled

"Astronomy and Astrophysics in the New Millennium", and the

recommendations contained in subsequent National Research Council

reports of a similar nature; and

(3) not later than March 15 of each year, transmit a report to

the Director, the Administrator of the National Aeronautics and

Space Administration, and the Committee on Science of the House

of Representatives, the Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on Health,

Education, Labor, and Pensions of the Senate on the Advisory

Committee's findings and recommendations under paragraphs (1) and

(2).

(c) Membership

The Advisory Committee shall consist of 13 members, none of whom

shall be a Federal employee, including -

(1) 5 members selected by the Director;

(2) 5 members selected by the Administrator of the National

Aeronautics and Space Administration; and

(3) 3 members selected by the Director of the Office of Science

and Technology Policy.

(d) Selection process

Initial selections under subsection (c) of this section shall be

made within 3 months after December 19, 2002. Vacancies shall be

filled in the same manner as provided in subsection (c) of this

section.

(e) Chairperson

The Advisory Committee shall select a chairperson from among its

members.

(f) Coordination

The Advisory Committee shall coordinate with the advisory bodies

of other Federal agencies, such as the Department of Energy, which

may engage in related research activities.

(g) Compensation

The members of the Advisory Committee shall serve without

compensation, but shall receive travel expenses, including per diem

in lieu of subsistence, in accordance with sections 5702 and 5703

of title 5.

(h) Meetings

The Advisory Committee shall convene, in person or by electronic

means, at least 4 times a year.

(i) Quorum

A majority of the members serving on the Advisory Committee shall

constitute a quorum for purposes of conducting the business of the

Advisory Committee.

(j) Duration

Section 14 of the Federal Advisory Committee Act shall not apply

to the Advisory Committee.

-SOURCE-

(Pub. L. 107-368, Sec. 23, Dec. 19, 2002, 116 Stat. 3065.)

-REFTEXT-

REFERENCES IN TEXT

Section 14 of the Federal Advisory Committee Act, referred to in

subsec. (j), is section 14 of Pub. L. 92-463, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 2002, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-CROSS-

DEFINITIONS

For definitions of terms used in this section, see section 4 of

Pub. L. 107-368, set out as a note under section 1862n of this

title.

-End-

-CITE-

42 USC Sec. 1862n-10 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1862n-10. Minority-serving institutions undergraduate program

-STATUTE-

(a) In general

The Director is authorized to establish a new program to award

grants on a competitive, merit-reviewed basis to Hispanic-serving

institutions, Alaska Native-serving institutions, Native

Hawaiian-serving institutions, and other institutions of higher

education serving a substantial number of minority students to

enhance the quality of undergraduate science, mathematics, and

engineering education at such institutions and to increase the

retention and graduation rates of students pursuing associate's or

baccalaureate degrees in science, mathematics, engineering, or

technology.

(b) Program components

Grants awarded under this section shall support -

(1) activities to improve courses and curriculum in science,

mathematics, and engineering;

(2) faculty development;

(3) stipends for undergraduate students participating in

research; and

(4) other activities consistent with subsection (a) of this

section, as determined by the Director.

(c) Program coordination

This program shall be coordinated with and in addition to the

ongoing Historically Black Colleges and Universities Undergraduate

Program and the Tribal Colleges and Universities Program.

(d) Instrumentation

Funding for instrumentation is an allowed use of grants awarded

under this section and under the ongoing Historically Black

Colleges and Universities Undergraduate Program and the Tribal

Colleges and Universities Program.

-SOURCE-

(Pub. L. 107-368, Sec. 24, Dec. 19, 2002, 116 Stat. 3066.)

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act of 2002, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-CROSS-

DEFINITIONS

For definitions of terms used in this section, see section 4 of

Pub. L. 107-368, set out as a note under section 1862n of this

title.

-End-

-CITE-

42 USC Sec. 1863 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1863. National Science Board

-STATUTE-

(a) Composition; appointment; establishment of policies of the

Foundation

The Board shall consist of twenty-four members to be appointed by

the President, by and with the advice and consent of the Senate,

and of the Director ex officio. In addition to any powers and

functions otherwise granted to it by this chapter, the Board shall

establish the policies of the Foundation, within the framework of

applicable national policies as set forth by the President and the

Congress.

(b) Executive Committee; delegation of powers and functions

The Board shall have an Executive Committee as provided in

section 1865 of this title, and may delegate to it or to the

Director or both such of the powers and functions granted to the

Board by this chapter as it deems appropriate.

(c) Meetings; nominations; quorum; notice

The persons nominated for appointment as members of the Board (1)

shall be eminent in the fields of the basic, medical, or social

sciences, engineering, agriculture, education, research management,

or public affairs; (2) shall be selected solely on the basis of

established records of distinguished service; and (3) shall be so

selected as to provide representation of the views of scientific

and engineering leaders in all areas of the Nation. In making

nominations under this section, the President shall give due regard

to equitable representation of scientists and engineers who are

women or who represent minority groups. The President is requested,

in the making of nominations of persons for appointment as members,

to give due consideration to any recommendations for nomination

which may be submitted to him by the National Academy of Sciences,

the National Academy of Engineering, the National Association of

State Universities and Land Grant Colleges, the Association of

American Universities, the Association of American Colleges, the

Association of State Colleges and Universities, or by other

scientific, engineering, or educational organizations.

(d) Term of office; reappointment

The term of office of each member of the Board shall be six

years; except that any member appointed to fill a vacancy occurring

prior to the expiration of the term for which his predecessor was

appointed shall be appointed for the remainder of such term. Any

person, other than the Director, who has been a member of the Board

for twelve consecutive years shall thereafter be ineligible for

appointment during the two-year period following the expiration of

such twelfth year.

(e) Meetings; quorum; notice

The Board shall meet annually on the third Monday in May unless,

prior to May 10 in any year, the Chairman has set the annual

meeting for a day in May other than the third Monday, and at such

other times as the Chairman may determine, but he shall also call a

meeting whenever one-third of the members so request in writing.

The Board shall adopt procedures governing the conduct of its

meetings, including delivery of notice and a definition of a

quorum, which in no case shall be less than one-half plus one of

the confirmed members of the Board.

(f) Election of Chairman and Vice Chairman; vacancy

The election of the Chairman and Vice Chairman of the Board shall

take place at each annual meeting occurring in an even-numbered

year. The Vice Chairman shall perform the duties of the Chairman in

his absence. In case a vacancy occurs in the chairmanship or vice

chairmanship, the Board shall elect a member to fill such vacancy.

(g) Appointment and assignment of staff; compensation; security

requirements

The Board may, with the concurrence of a majority of its members,

permit the appointment of a staff consisting of not more than five

professional staff members and such clerical staff members as may

be necessary. Such staff shall be appointed by the Chairman and

assigned at the direction of the Board. The professional members of

such staff may be appointed without regard to the provisions of

title 5 governing appointments in the competitive service, and the

provisions of chapter 51 of title 5 relating to classification, and

compensated at a rate not exceeding the maximum rate payable under

section 5376 of title 5, as may be necessary to provide for the

performance of such duties as may be prescribed by the Board in

connection with the exercise of its powers and functions under this

chapter. Each appointment under this subsection shall be subject to

the same security requirements as those required for personnel of

the Foundation appointed under section 1873(a) of this title.

(h) Special commissions

The Board is authorized to establish such special commissions as

it may from time to time deem necessary for the purposes of this

chapter.

(i) Committees; survey and advisory functions

The Board is also authorized to appoint from among its members

such committees as it deems necessary, and to assign to committees

so appointed such survey and advisory functions as the Board deems

appropriate to assist it in exercising its powers and functions

under this chapter.

(j) Report to President; submittal to Congress

(1) The Board shall render to the President, for submission to

the Congress no later than January 15 of each even numbered year, a

report on indicators of the state of science and engineering in the

United States.

(2) The Board shall render to the President for submission to the

Congress reports on specific, individual policy matters related to

science and engineering and education in science and engineering,

as the Board, the President, or the Congress determines the need

for such reports.

(k) Closed meetings

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.

(l) Financial disclosure report for Board members

Members of the Board shall be required to file a financial

disclosure report under title II of the Ethics in Government 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.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 4, 64 Stat. 150; Pub. L. 86-232, Sec.

2, Sept. 8, 1959, 73 Stat. 467; Pub. L. 86-507, Sec. 1(36), June

11, 1960, 74 Stat. 202; Pub. L. 90-407, Sec. 2, July 18, 1968, 82

Stat. 361; Pub. L. 94-273, Sec. 11(3), Apr. 21, 1976, 90 Stat. 378;

Pub. L. 94-282, title V, Sec. 503, May 11, 1976, 90 Stat. 473; Pub.

L. 94-471, Sec. 9, Oct. 11, 1976, 90 Stat. 2057; Pub. L. 95-99,

Sec. 12(b), formerly Sec. 14(b), Aug. 15, 1977, 91 Stat. 835,

renumbered Sec. 12(b), Pub. L. 99-159, title I, Sec. 109(h), Nov.

22, 1985, 99 Stat. 890; Pub. L. 96-516, Sec. 21(a), Dec. 12, 1980,

94 Stat. 3010; Pub. L. 97-375, title II, Sec. 214, Dec. 21, 1982,

96 Stat. 1826; Pub. L. 99-159, title I, Secs. 109(a), 110(a)(12),

Nov. 22, 1985, 99 Stat. 889, 891; Pub. L. 100-570, title I, Secs.

105(a), 108, Oct. 31, 1988, 102 Stat. 2868, 2869; Pub. L. 105-207,

title II, Sec. 202(a)(1), July 29, 1998, 112 Stat. 873; Pub. L.

107-368, Sec. 15(a)(1), (c), Dec. 19, 2002, 116 Stat. 3058, 3059.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (g), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

The Ethics in Government Act of 1978, referred to in subsec. (l),

is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. Title

II of the Ethics in Government Act of 1978 was set out in the

Appendix to Title 5, Government Organization and Employees, prior

to repeal by Pub. L. 101-194, title II, Sec. 201, Nov. 30, 1989,

103 Stat. 1724. For complete classification of this Act to the

Code, see Short Title note set out under section 101 of Pub. L.

95-521 in the Appendix to Title 5 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-368, Sec. 15(a)(1), substituted

"The Board shall adopt procedures governing the conduct of its

meetings, including delivery of notice and a definition of a

quorum, which in no case shall be less than one-half plus one of

the confirmed members of the Board." for "A majority of the members

of the Board shall constitute a quorum. Each member shall be given

notice, not less than fifteen days prior to any meeting, of the

call of such meeting."

Subsec. (g). Pub. L. 107-368, Sec. 15(c), substituted "Such staff

shall be appointed by the Chairman and assigned at the direction of

the Board." for "Such staff shall be appointed by the Director,

after consultation with the chairman of the Board and assigned at

the direction of the Board."

1998 - Subsec. (g). Pub. L. 105-207, Sec. 202(a)(1)(A),

substituted "the maximum rate payable under section 5376" for "the

appropriate rate provided for individuals in grade GS-18 of the

General Schedule under section 5332".

Subsecs. (k), (l). Pub. L. 105-207, Sec. 202(a)(1)(B),

redesignated subsec. (k), relating to requirement of Board members

to file financial disclosure report, as (l).

1988 - Subsec. (k). Pub. L. 100-570, Sec. 108, added subsec. (k)

relating to requirement of Board members to file financial

disclosure report.

Pub. L. 100-570, Sec. 105(a), added subsec. (k) relating to

closed meetings.

1985 - Subsec. (c). Pub. L. 99-159, Sec. 110(a)(12), inserted

"and engineering", "and engineers", and "the National Academy of

Engineering," and inserted ", engineering," after "other

scientific".

Subsec. (e). Pub. L. 99-159, Sec. 109(a), struck out requirement

that notice be made to members by registered or certified mail

mailed to the last known address of record.

1982 - Subsec. (j). Pub. L. 97-375 substituted provisions

requiring a report in each even numbered year on the state of

science and engineering, and reports on specific policy matters, as

needed, for provisions requiring the Board to render an annual

report to the President, for submission to the Congress on or

before March 31 in each year, to deal essentially, though not

necessarily exclusively, with policy issues or matters affecting

the Foundation or with which the Board in its official role as the

policymaking body of the Foundation was concerned.

1980 - Subsec. (c). Pub. L. 96-516 inserted provisions respecting

nominations of women and minority groups.

1977 - Subsec. (j). Pub. L. 95-99 added subsec. (j).

1976 - Subsec. (a). Pub. L. 94-471, Sec. 9(a), inserted reference

to the framework of applicable national policies as set forth by

the President and the Congress.

Subsec. (g). Pub. L. 94-471, Sec. 9(b), inserted reference to

consultation of the Director with the Chairman of the Board and

substituted "GS-18" for "GS-15".

Pub. L. 94-282 redesignated subsec. (h), and all references

thereto, as subsec. (g). Former subsec. (g), concerning the annual

report by the National Science Board to the President and Congress,

was deleted.

Pub. L. 94-273 substituted "April" for "January".

Subsecs. (h) to (j). Pub. L. 94-282 redesignated subsecs. (h) to

(j) as (g) to (i), respectively.

1968 - Subsec. (a). Pub. L. 90-407 substituted provisions which

authorized the Board to establish the policies of the Foundation in

addition to any powers and functions otherwise granted to it by

this chapter, for provisions which authorized the Board, except as

otherwise provided by this chapter, to exercise the authority

granted to the Foundation by this chapter. Provisions of this

subsection, which enumerated the qualifications of persons

nominated for appointment to the Board and provided for the

specified organizations to make recommendations to the President of

individuals qualified for nomination, were designated as subsec.

(c).

Subsec. (b). Pub. L. 90-407 added subsec. (b). Former subsec. (b)

redesignated (d).

Subsec. (c). Pub. L. 90-407 redesignated provisions of former

subsec. (a) as (c) and added social science and research management

to the enumerated fields of eminence, and substituted "the National

Association of State Universities and Land Grant Colleges, the

Association of American Universities, the Association of American

Colleges, the Association of State Colleges and Universities" for

"the Association of Land Grant Colleges and Universities, the

National Association of State Universities, the Association of

American Colleges". Former subsec. (c), which provided that "The

President shall call the first meeting of the Board, at which the

first order of business shall be the election of a chairman and a

vice chairman", was struck out as executed.

Subsec. (d). Pub. L. 90-407 redesignated former subsec. (b) as

(d), substituted "term of office of each member" for "term of

office of each voting member", struck out "the terms of office of

the members first taking office after May 10, 1950, shall expire,

as designated by the President at the time of appointment, eight at

the end of two years, eight at the end of four years, and eight at

the end of six years, after May 10, 1950", and provided for

exemption of Director from prohibition against reappointment within

two years following twelve consecutive years of Board membership.

Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 90-407 redesignated former subsec. (d) as

(e) and substituted "A majority of the members of the Board shall

constitute a quorum" for "A majority of the voting members of the

Board shall constitute a quorum". Former subsec. (e) redesignated

(f).

Subsec. (f). Pub. L. 90-407 redesignated former subsec. (e) as

(f) and substituted provisions that the election of the Chairman

and Vice Chairman take place at each annual meeting occurring in an

even-numbered year for provisions that their election take place at

the first meeting of the National Science Board following the

enactment of Pub. L. 86-232, and that thereafter such election take

place at the second annual meeting occurring after each such

election.

Subsecs. (g) to (j). Pub. L. 90-407 added subsecs. (g) to (j).

1960 - Subsec. (d). Pub. L. 86-507 inserted "or by certified

mail" after "registered mail".

1959 - Subsec. (d). Pub. L. 86-232 changed annual meeting of

Board from first Monday in December to third Monday or other

designated day in May.

Subsec. (e). Pub. L. 86-232 substituted provision for an election

of a Chairman and Vice Chairman of the Board at first meeting of

Board following enactment of Pub. L. 86-232 and at each second

annual meeting thereafter in place of provision for election of the

first Chairman and Vice Chairman to serve until first Monday in

December next succeeding date of election and for election of

subsequent officers for terms of two years thereafter.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. Advisory

committees established after Jan. 5, 1973, to terminate not later

than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a committee established

by the President or an officer of the Federal Government, such

committee is renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a committee established by

the Congress, its duration is otherwise provided by law. See

section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862n-4, 1868, 1873 of

this title.

-End-

-CITE-

42 USC Sec. 1864 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1864. Director of Foundation

-STATUTE-

(a) Appointment; compensation; term of office

The Director of the Foundation (referred to in this chapter as

the "Director") shall be appointed by the President, by and with

the advice and consent of the Senate. Before any person is

appointed as Director, the President shall afford the Board an

opportunity to make recommendations to him with respect to such

appointment. The Director shall receive basic pay at the rate

provided for level II of the Executive Schedule under section 5313

of title 5, and shall serve for a term of six years unless sooner

removed by the President.

(b) Exercise of authority of Foundation; actions as final and

binding upon the Foundation

Except as otherwise specifically provided in this chapter (1) the

Director shall exercise all of the authority granted to the

Foundation by this chapter (including any powers and functions

which may be delegated to him by the Board), and (2) all actions

taken by the Director pursuant to the provisions of this chapter

(or pursuant to the terms of a delegation from the Board) shall be

final and binding upon the Foundation.

(c) Delegation and redelegation of functions

The Director may from time to time make such provisions as he

deems appropriate authorizing the performance by any other officer,

agency, or employee of the Foundation of any of his functions under

this chapter, including functions delegated to him by the Board;

except that the Director may not redelegate policymaking functions

delegated to him by the Board.

(d) Formulation of programs

The formulation of programs in conformance with the policies of

the Foundation shall be carried out by the Director in consultation

with the Board.

(e) Authority to grant, contract, etc.; delegation of authority or

imposition of conditions; reporting requirement

(1) The Director may make grants, contracts, and other

arrangements pursuant to section 1870(c) of this title only with

the prior approval of the Board or under authority delegated by the

Board, and subject to such conditions as the Board may specify.

(2) Any delegation of authority or imposition of conditions under

paragraph (1) shall be promptly published in the Federal Register

and reported to the Committee on Labor and Human Resources, and the

Committee on Commerce, Science, and Transportation, of the Senate

and the Committee on Science of the House of Representatives.

(f) Status; power to vote and hold office

The Director, in his capacity as ex officio member of the Board,

shall, except with respect to compensation and tenure, be

coordinate with the other members of the Board. He shall be a

voting member of the Board and shall be eligible for election by

the Board as Chairman or Vice Chairman of the Board.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 5, 64 Stat. 151; Pub. L. 86-232, Sec.

3, Sept. 8, 1959, 73 Stat. 467; Pub. L. 90-407, Sec. 3, July 18,

1968, 82 Stat. 362; Pub. L. 99-159, title I, Sec. 109(b), Nov. 22,

1985, 99 Stat. 889; Pub. L. 103-437, Sec. 15(c)(1), Nov. 2, 1994,

108 Stat. 4591; Pub. L. 105-207, title II, Sec. 202(a)(2), July 29,

1998, 112 Stat. 873.)

-MISC1-

AMENDMENTS

1998 - Subsec. (e)(2). Pub. L. 105-207 added par. (2) and struck

out former par. (2), which read as follows: "Any delegation of

authority or imposition of conditions under the preceding sentence

shall be effective only for such period of time, not exceeding two

years, as the Board may specify, and shall be promptly published in

the Federal Register and reported to the Committees on Labor and

Human Resources and Commerce, Science, and Transportation of the

Senate and the Committee on Science, Space, and Technology of the

House of Representatives. On October 1 of each odd-numbered year

the Board shall submit to the Congress a concise report which

explains and justifies any actions taken by the Board under this

subsection to delegate its authority or impose conditions within

the preceding two years. The provisions of this subsection shall

cease to be effective at the end of fiscal year 1989."

1994 - Subsec. (e)(2). Pub. L. 103-437 substituted "Science,

Space, and Technology" for "Science and Technology".

1985 - Subsec. (e). Pub. L. 99-159 amended subsec. (e) generally.

Prior to amendment, subsec. (e) read as follows: "The Director

shall not make any contract, grant, or other arrangement pursuant

to section 1870(c) of this title without the prior approval of the

Board, except that a grant, contract, or other arrangement

involving a total commitment of less than $2,000,000, or less than

$500,000 in any one year, or a commitment of such lesser amount or

amounts and subject to such other conditions as the Board in its

discretion may from time to time determine to be appropriate and

publish in the Federal Register, may be made if such action is

taken pursuant to the terms and conditions set forth by the Board,

and if each such action is reported to the Board at the Board

meeting next following such action."

1968 - Subsec. (a). Pub. L. 90-407 inserted provision prescribing

the annual rate of compensation of the Director, and struck out

provision authorizing the Director to serve as a nonvoting ex

officio member of the Board and as the chief executive officer of

the Foundation.

Subsec. (b). Pub. L. 90-407 substituted provisions authorizing

the Director, except as otherwise provided, to exercise all of the

authority granted to the Foundation by this chapter and to take

action final and binding upon the Foundation for provisions

authorizing the Director, in addition to the powers and duties

specifically vested in him by this chapter, to exercise the powers

granted by sections 1869 or 1870(c) of this title and such other

powers and duties delegated by the Board to him, and the proviso

that no action taken by the Director pursuant to section 1869 or

1870(c) shall be final unless in each instance the Board has

reviewed and approved the action proposed to be taken, or such

action is taken pursuant to the terms of a delegation of authority

from the Board or the Executive Committee to the Director.

Subsecs. (c) to (f). Pub. L. 90-407 added subsecs. (c) to (f).

1959 - Subsec. (b). Pub. L. 86-232 provided for delegation of

authority from the Board or the Executive Committee to the

Director.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-407, insofar as related to rates of basic

pay, effective on first day of first calendar month which begins on

or after July 18, 1968, see section 15(a)(4), set out as a note

under section 5313 of Title 5, Government Organization and

Employees.

-TRANS-

TRANSFER OF FUNCTIONS

Authority of Director of National Science Foundation, from time

to time, to make appropriate provisions authorizing performance by

any other officer, or by any agency or employee, of National

Science Foundation of any of his functions (including functions

delegated to him by National Science Board), see Reorg. Plan No. 5

of 1965, eff. July 27, 1965, 30 F.R. 9355, 79 Stat. 1323, set out

in the Appendix to Title 5, Government Organization and Employees.

Office of Director of National Science Foundation established

under provisions of this section abolished and functions

transferred to Director of National Science Foundation appointed

pursuant to Reorg. Plan No. 2 of 1962, see section 22 (a), (b) of

Reorg. Plan No. 2 of 1962, eff. June 8, 1962, 27 F.R. 5419, 76

Stat. 1253, set out as a note under section 1861 of this title.

-MISC2-

STUDY ON RESEARCH AND DEVELOPMENT FUNDING DATA DISCREPANCIES

Pub. L. 107-368, Sec. 25, Dec. 19, 2002, 116 Stat. 3067, provided

that:

"(a) Study. - The Director, in consultation with the Director of

the Office of Management and Budget and the heads of other Federal

agencies, shall enter into agreement with the National Academy of

Sciences to conduct a comprehensive study to determine the source

of discrepancies in Federal reports on obligations and actual

expenditures of Federal research and development funding.

"(b) Contents. - The study shall -

"(1) examine the relevance and accuracy of reporting

classifications and definitions used in the reports described in

subsection (a);

"(2) examine whether the classifications and definitions are

used consistently across Federal agencies for data gathering;

"(3) examine whether and how Federal agencies use reports

described in subsection (a), and describe any other sources of

similar data used by those agencies;

"(4) recommend alternatives for modifications to the current

reporting process and system that would -

"(A) accommodate emerging fields of science and changing

practices in the conduct of research and development;

"(B) minimize, to the extent possible, the burden imposed on

the reporters of these data;

"(C) increase the consistency of application of the system

across the Federal agencies including the Office of Management

and Budget and the Foundation;

"(D) encourage the use of new technologies to increase

accuracy, timeliness, and consistency of the reported data

between the agencies and the research performers; and

"(E) overcome systemic shortfalls; and

"(5) recommend an implementation timeline for the modifications

recommended under paragraph (4), and recommend specific

responsibilities for the program and budget offices in the

agencies, taking into consideration required changes to the

current computer systems and processes used by the agencies.

"(c) Submission. - The Director shall submit a report on the

results of the study to the Committee on Science of the House of

Representatives, the Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on Health,

Education, Labor, and Pensions of the Senate within one year after

the date of enactment of this Act [Dec. 19, 2002].

"(d) Implementation. - Within 6 months after the completion of

the study required by subsection (a), the Director of the Office of

Science and Technology Policy shall submit to the Committee on

Science of the House of Representatives, the Committee on Commerce,

Science, and Transportation of the Senate, and the Committee on

Health, Education, Labor, and Pensions of the Senate a plan for

implementation of the recommendations of the study."

[For definitions of terms used in section 25 of Pub. L. 107-368,

set out above, see section 4 of Pub. L. 107-368, set out as a note

under section 1862n of this title.]

RESEARCH PURPOSES OF GRANTS; BRIEF STATEMENT IN TITLES

Pub. L. 96-516, Sec. 20, Dec. 12, 1980, 94 Stat. 3010, provided

that: "The Director of the National Science Foundation shall

require the titles of all its grants to contain a brief statement

of the purpose of the research being undertaken. Insofar as

possible such statements shall be in layman's language."

FEASIBILITY STUDY OF SOLAR ENERGY TRANSMISSION TO EARTH

Pub. L. 95-434, Sec. 8, Oct. 10, 1978, 92 Stat. 1050, provided

that:

"(a) The Director of the National Science Foundation, in

consultation with the Director of the Office of Science and

Technology Policy, the Secretary of Energy, the Administrator of

the National Aeronautics and Space Administration, and technical

experts in public agencies, private organizations, and academic

institutions, is authorized to determine the need to provide

support under this Act for a study of the feasibility of

transmitting solar energy to Earth by using orbital structures

manufactured from lunar or asteroidal materials, and the impact of

such a feasibility study, if any, on existing National Science

Foundation programs.

"(b)(1) If the Foundation determines that such a feasibility

study is necessary, the Foundation is authorized to conduct such a

study directly or by grants or contracts with public agencies,

private organizations, or academic institutions.

"(2) At the conclusion of any such study the Foundation shall

prepare and submit to the President and to the Congress a report of

the study, together with such recommendations as the Foundation

deems appropriate.

"(3) Of the funds authorized in section 2, $500,000 shall be

available to carry out the provisions of this subsection."

FEASIBILITY STUDY OF THE OPERATION OF THE PEER REVIEW SYSTEM IN THE

EVALUATION OF GRANT PROPOSALS

Pub. L. 94-471, Sec. 2(f), Oct. 11, 1976, 90 Stat. 2053, provided

that: "The Director of the National Science Foundation is

authorized and directed to conduct a feasibility study of operating

the peer review system used in the evaluation of grant proposals

within the Foundation so as to assure that the identity of the

proposer is not known to the reviewers of the proposal. Any such

system shall be considered to supplement and not to supplant the

peer review system in operation in the Foundation on the date of

enactment of this Act [Oct. 11, 1976]."

SCIENCE FOR CITIZENS PROGRAM; PREPARATION AND SUBMISSION OF PLAN TO

COMMITTEES OF CONGRESS

Pub. L. 94-86, Sec. 3, Aug. 9, 1975, 89 Stat. 429, directed the

Director of the National Science Foundation to prepare a

comprehensive plan for the establishment and conduct of a "Science

for Citizens Program" and, within six months from Aug. 9, 1975,

submit the plan to specific committees of the House of

Representatives and Senate. See section 5 of Pub. L. 94-471, set

out as a note under section 1862 of this title.

PARTICIPATION OF PUBLIC IN CONDUCT OF FOUNDATION PROGRAMS;

PREPARATION AND SUBMISSION OF PLAN TO COMMITTEES OF CONGRESS

Pub. L. 94-86, Sec. 4, Aug. 9, 1975, 89 Stat. 430, authorized the

Director of the National Science Foundation to prepare a

comprehensive plan to facilitate the participation of members of

the public in the formulation, development, and conduct of National

Science Foundation programs, policies, and priorities and to submit

the resulting recommendations, plans, or other findings to specific

committees of the House of Representatives and the Senate within

120 days from Aug. 9, 1975.

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-End-

-CITE-

42 USC Sec. 1864a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1864a. Deputy Director of the Foundation

-STATUTE-

There shall be a Deputy Director of the Foundation (referred to

in this chapter as the "Deputy Director"), who shall be appointed

by the President, by and with the advice and consent of the Senate.

Before any person is appointed as Deputy Director, the President

shall afford the Board and the Director an opportunity to make

recommendations to him with respect to such appointment. The Deputy

Director shall receive basic pay at the rate provided for level III

of the Executive Schedule under section 5314 of title 5, and shall

perform such duties and exercise such powers as the Director may

prescribe. The Deputy Director shall act for, and exercise the

powers of, the Director during the absence or disability of the

Director or in the event of a vacancy in the office of Director.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 6, as added Pub. L. 90-407, Sec. 4,

July 18, 1968, 82 Stat. 363; amended Pub. L. 99-383, Sec. 7(b)(1),

Aug. 21, 1986, 100 Stat. 814.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-383 struck out subsec. (a) designation and

struck out subsec. (b) which provided for appointment of four

Assistant Directors of the Foundation.

EFFECTIVE DATE

Section, insofar as related to rates of basic pay, effective on

first day of first calendar month which begins on or after July 18,

1968, see section 15(a)(4) of Pub. L. 90-407, set out as an

Effective Date of 1968 Amendment note under section 5313 of Title

5, Government Organization and Employees.

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-End-

-CITE-

42 USC Sec. 1865 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1865. Executive Committee

-STATUTE-

(a) Composition; powers and functions; membership; chairman

There shall be an Executive Committee of the Board (referred to

in this chapter as the "Executive Committee"), which shall be

composed of five members and shall exercise such powers and

functions as may be delegated to it by the Board. Four of the

members shall be elected as provided in subsection (b) of this

section, and the Director ex officio shall be the fifth member and

the chairman of the Executive Committee.

(b) Election to membership; term of office; eligibility for

reelection

At each of its annual meetings the Board shall elect two of its

members as members of the Executive Committee, and the Executive

Committee members so elected shall hold office for two years from

the date of their election. Any person, other than the Director,

who has been a member of the Executive Committee for six

consecutive years shall thereafter be ineligible for service as a

member thereof during the two-year period following the expiration

of such sixth year. For the purposes of this subsection, the period

between any two consecutive annual meetings of the Board shall be

deemed to be one year.

(c) Term of vacancy appointment

Any person elected as a member of the Executive Committee to fill

a vacancy occurring prior to the expiration of the term for which

his predecessor was elected shall be elected for the remainder of

such term.

(d) Reports; minority views

The Executive Committee shall render an annual report to the

Board, and such other reports as it may deem necessary, summarizing

its activities and making such recommendations as it may deem

appropriate. Minority views and recommendations, if any, of members

of the Executive Committee shall be included in such reports.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 7, formerly Sec. 6, 64 Stat. 151; Pub.

L. 86-232, Sec. 4, Sept. 8, 1959, 73 Stat. 467; renumbered and

amended Pub. L. 90-407, Secs. 4, 5, July 18, 1968, 82 Stat. 363,

364.)

-MISC1-

AMENDMENTS

1968 - Subsec. (a). Pub. L. 90-407, Sec. 5, made mandatory the

organization of the Executive Committee, struck out prohibition

that the Board may not assign to the Executive Committee the

function of establishing policies, and inserted provisions setting

forth the number of members, their manner of election, and the

status of the Director.

Subsec. (b). Pub. L. 90-407, Sec. 5, substituted provisions that

Board elect two members as members of Executive Committee at its

annual meeting, with period between any two consecutive annual

meetings to be deemed one year, for provisions covering composition

of Executive Committee, setting forth a special one year term of

office for four members first elected after May 10, 1950, and

directing that membership of Committee represent diverse interests

and areas. Provisions of former subsecs. (b)(2)(A) and (b)(5) were

redesignated as subsecs. (c) and (d), respectively.

Subsec. (c). Pub. L. 90-407, Sec. 5, redesignated former subsec.

(b)(2)(A) as (c) and substituted "Any person elected as a member of

the Executive Committee" for "any member elected". Former subsec.

(c), authorizing the Board to appoint such additional committees as

it deems necessary, and to delegate to such committees survey and

advisory functions as it deems appropriate, was struck out.

Subsec. (d). Pub. L. 90-407, Sec. 5, redesignated former subsec.

(b)(5) as (d) and substituted "The Executive Committee" for "Such

Committee".

1959 - Subsec. (a). Pub. L. 86-232 struck out prohibition against

assignment to Executive Committee of function of review and

approval.

Subsec. (b)(1). Pub. L. 86-232 authorized Board to have an

Executive Committee consisting of from five to nine members rather

than fixed number of nine.

-TRANS-

TRANSFER OF FUNCTIONS

Executive Committee of National Science Board appointed under

provisions of this section abolished and functions conferred by

this section transferred to Executive Committee of National Science

Board established by Reorg. Plan No. 2 of 1962, see sections 21(e)

and 23(a)(1) of Reorg. Plan No. 2 of 1962, eff. June 8, 1962, 27

F.R. 5419, 76 Stat. 1253, set out as a note under section 1861 of

this title.

-MISC2-

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1863 of this title.

-End-

-CITE-

42 USC Sec. 1866 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1866. Divisions within Foundation

-STATUTE-

There shall be within the Foundation such Divisions as the

Director, in consultation with the Board, may from time to time

determine.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 8, formerly Sec. 7, 64 Stat. 152;

renumbered Sec. 8 and amended Pub. L. 90-407, Secs. 4, 6, July 18,

1968, 82 Stat. 363, 364.)

-MISC1-

PRIOR PROVISIONS

A prior section 8 of act May 10, 1950, which was classified to

section 1867 of this title, was repealed by Pub. L. 90-407, Sec. 4,

July 18, 1968, 82 Stat. 363.

AMENDMENTS

1968 - Pub. L. 90-407, Sec. 6, substituted provisions that there

be within the Foundation such divisions as the Director, in

consultation with the Board, may from time to time determine for

provisions that, unless otherwise provided by the Board, there be

within the Foundation a Division of Medical Research, a Division of

Mathematical, Physical, and Engineering Sciences, a Division of

Biological Sciences, a Division of Scientific Personnel and

Education, and such other divisions as the Board deems necessary.

CONSOLIDATION OF DIRECTORATES

Pub. L. 96-516, Sec. 18, Dec. 12, 1980, 94 Stat. 3009, directed

National Science Foundation to consolidate all Directorates,

including Science Education Directorate, under one roof, in present

location of central administrative offices, on or before Aug. 1,

1982.

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-End-

-CITE-

42 USC Sec. 1867 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1867. Repealed. Pub. L. 90-407, Sec. 4, July 18, 1968, 82

Stat. 363

-MISC1-

Section, act May 10, 1950, ch. 171, Sec. 8, 64 Stat. 152,

authorized a committee for each division of the Foundation, and

provided for the composition, terms of office, chairmenship, rules

of procedure, and powers and duties of each divisional committee.

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-End-

-CITE-

42 USC Sec. 1868 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1868. Special commissions

-STATUTE-

(a) Each special commission established under section 1863(h) of

this title shall be appointed by the Board and shall consist of

such members as the Board considers appropriate.

(b) Special commissions may be established to study and make

recommendations to the Foundation on issues relating to research

and education in science and engineering.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 9, 64 Stat. 152; Pub. L. 90-407, Sec.

7, July 18, 1968, 82 Stat. 364; Pub. L. 99-159, title I, Sec.

109(d), Nov. 22, 1985, 99 Stat. 889.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-159 amended section generally. Prior to

amendment, section read as follows:

"(a) Each special commission established pursuant to section

1863(i) of this title shall consist of eleven members appointed by

the Board, six of whom shall be eminent scientists and five of whom

shall be persons other than scientists. Each special commission

shall choose its own chairman and vice chairman.

"(b) It shall be the duty of each such special commission to make

a comprehensive survey of research, both public and private, being

carried on in its field, and to formulate and recommend to the

Foundation at the earliest practicable date an over-all research

program in its field."

1968 - Subsec. (a). Pub. L. 90-407 substituted "section 1863(i)

of this title" for "section 1862(a)(7) of this title".

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-End-

-CITE-

42 USC Sec. 1869 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1869. Scholarships and graduate fellowships

-STATUTE-

The Foundation is authorized to award scholarships and graduate

fellowships for study and research in the sciences or in

engineering at appropriate nonprofit American or nonprofit foreign

institutions selected by the recipient of such aid, for stated

periods of time. Persons shall be selected for such scholarships

and fellowships from among citizens, nationals or lawfully admitted

permanent resident aliens of the United States, and such selections

shall be made solely on the basis of ability; but in any case in

which two or more applicants for scholarships or fellowships, as

the case may be, are deemed by the Foundation to be possessed of

substantially equal ability, and there are not sufficient

scholarships or fellowships, as the case may be, available to grant

one to each of such applicants, the available scholarship or

scholarships or fellowship or fellowships shall be awarded to the

applicants in such manner as will tend to result in a wide

distribution of scholarships and fellowships throughout the United

States. Nothing contained in this chapter shall prohibit the

Foundation from refusing or revoking a scholarship or fellowship

award, in whole or in part, in the case of any applicant or

recipient, if the Board is of the opinion that such award is not in

the best interests of the United States.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 10, 64 Stat. 152; Pub. L. 86-232, Sec.

5, Sept. 8, 1959, 73 Stat. 468; Pub. L. 86-550, June 29, 1960, 74

Stat. 256; Pub. L. 87-835, Sec. 2, Oct. 16, 1962, 76 Stat. 1070;

Pub. L. 90-407, Sec. 8, July 18, 1968, 82 Stat. 364; Pub. L.

99-159, title I, Sec. 110(a)(13), Nov. 22, 1985, 99 Stat. 891; Pub.

L. 99-383, Sec. 7(c), Aug. 21, 1986, 100 Stat. 814; Pub. L.

101-589, title III, Sec. 302(c), Nov. 16, 1990, 104 Stat. 2895.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-589 substituted ", nationals or lawfully

admitted permanent resident aliens" for "or nationals" in second

sentence.

1986 - Pub. L. 99-383 struck out ", within the limits of funds

made available specifically for such purpose pursuant to section

1875 of this title," after "The Foundation is authorized to award".

1985 - Pub. L. 99-159 substituted "study and research in the

sciences or in engineering" for "scientific study or scientific

work in the mathematical, physical, medical, biological,

engineering, social, and other sciences".

1968 - Pub. L. 90-407 inserted social sciences to the enumerated

list of sciences, and substituted "throughout the United States"

for "among the States, Territories, possessions, and the District

of Columbia".

1962 - Pub. L. 87-835 authorized the Foundation to refuse or

revoke a scholarship or fellowship award if they believe such award

is not in the best interests of the United States.

1960 - Pub. L. 86-550 authorized the selection of nationals for

scholarships and fellowships.

1959 - Pub. L. 86-232 substituted "appropriate" for "accredited"

and struck out "of higher education" after "foreign institutions".

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862, 1872 of this title;

title 15 section 7404.

-End-

-CITE-

42 USC Sec. 1869a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1869a. Contracts for precollege science or engineering

curriculum development activities; inspection of materials by

parent or guardian

-STATUTE-

After August 9, 1975, the Director of the National Science

Foundation, shall require, as a condition of any award made by the

National Science Foundation for the purpose of precollege science

or engineering curriculum development activities, that the awardee,

and any subcontractors involved in the distribution, marketing, or

selling of such science or engineering curricula, shall include in

any testing agreement, sales contract, or other comparable legal

instrument a provision requiring that all instructional materials,

including teacher's manuals, films, tapes, or other supplementary

instructional materials developed or provided under such award,

subcontract, or other legal instrument, will be made available

within the school district using such materials for inspection by

parents or guardians of children engaged in educational programs or

projects of that school district. In addition, the Director of the

National Science Foundation shall take such action as may be

necessary and feasible to modify awards made for the purpose of

precollege science or engineering curriculum development and

implementation activities on or before August 9, 1975, to include

such a provision in all possible cases.

-SOURCE-

(Pub. L. 94-86, Sec. 2(b), Aug. 9, 1975, 89 Stat. 428; Pub. L.

99-159, title I, Sec. 110(b), Nov. 22, 1985, 99 Stat. 892.)

-COD-

CODIFICATION

Section was not enacted as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-159 inserted "or engineering" after "science"

in three places.

-End-

-CITE-

42 USC Sec. 1869b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1869b. Issuance of instructions to grantees of pre-college

curriculum projects

-STATUTE-

The National Science Foundation is directed to issue instructions

to grantees for pre-college curriculum projects covering the

protection of pre-college students and procedures for involving

such students in pre-college education research and development,

pilot-testing, evaluation, and revision of experimental and

innovative pre-college curriculum projects funded by the

Foundation. These instructions shall require such grantees to

obtain written approval of the school board or comparable authority

responsible for the schools prior to the involvement of such

students.

-SOURCE-

(Pub. L. 95-99, Sec. 8, formerly Sec. 9, Aug. 15, 1977, 91 Stat.

833; renumbered Sec. 8, Pub. L. 99-159, title I, Sec. 109(h), Nov.

22, 1985, 99 Stat. 890.)

-COD-

CODIFICATION

Section was not enacted as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-End-

-CITE-

42 USC Sec. 1869c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1869c. Low-income scholarship program

-STATUTE-

(1) Establishment

The Director of the National Science Foundation (referred to in

this section as the "Director") shall award scholarships to

low-income individuals to enable such individuals to pursue

associate, undergraduate, or graduate level degrees in mathematics,

engineering, or computer science.

(2) Eligibility

(A) In general

To be eligible to receive a scholarship under this section, an

individual -

(i) must be a citizen of the United States, a national of the

United States (as defined in section 1101(a) of title 8), an

alien admitted as a refugee under section 1157 of title 8, or

an alien lawfully admitted to the United States for permanent

residence;

(ii) shall prepare and submit to the Director an application

at such time, in such manner, and containing such information

as the Director may require; and

(iii) shall certify to the Director that the individual

intends to use amounts received under the scholarship to enroll

or continue enrollment at an institution of higher education

(as defined in section 1001(a) of title 20) in order to pursue

an associate, undergraduate, or graduate level degree in

mathematics, engineering, or computer science.

(B) Ability

Awards of scholarships under this section shall be made by the

Director solely on the basis of the ability of the applicant,

except that in any case in which 2 or more applicants for

scholarships are deemed by the Director to be possessed of

substantially equal ability, and there are not sufficient

scholarships available to grant one to each of such applicants,

the available scholarship or scholarships shall be awarded to the

applicants in a manner that will tend to result in a

geographically wide distribution throughout the United States of

recipients' places of permanent residence.

(3) Limitation

The amount of a scholarship awarded under this section shall be

determined by the Director, except that the Director shall not

award a scholarship in an amount exceeding $3,125 per year. The

Director may renew scholarships for up to 4 years.

(4) Funding

The Director shall carry out this section only with funds made

available under section 1356(s)(3) of title 8.

-SOURCE-

(Pub. L. 105-277, div. C, title IV, Sec. 414(d), Oct. 21, 1998, 112

Stat. 2681-653; Pub. L. 106-313, title I, Sec. 110(b), Oct. 17,

2000, 114 Stat. 1256.)

-REFTEXT-

REFERENCES IN TEXT

Section 1157 of title 8, referred to in par. (2)(A)(i), was in

the original "section 207 of the Immigration and Nationality", and

was translated as reading section 207 of the Immigration and

Nationality Act to reflect the probable intent of Congress.

-COD-

CODIFICATION

Section was enacted as part of the American Competitiveness and

Workforce Improvement Act of 1998, and also as part of the Omnibus

Consolidated and Emergency Supplemental Appropriations Act, 1999,

and not as part of the National Science Foundation Act of 1950

which comprises this chapter.

-MISC1-

AMENDMENTS

2000 - Par. (3). Pub. L. 106-313 substituted "$3,125 per year.

The Director may renew scholarships for up to 4 years" for "$2,500

per year."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 section 1356.

-End-

-CITE-

42 USC Sec. 1870 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1870. General authority of Foundation

-STATUTE-

The Foundation shall have the authority, within the limits of

available appropriations, to do all things necessary to carry out

the provisions of this chapter, including, but without being

limited thereto, the authority -

(a) to prescribe such rules and regulations as it deems

necessary governing the manner of its operations and its

organization and personnel;

(b) to make such expenditures as may be necessary for

administering the provisions of this chapter;

(c) to enter into contracts or other arrangements, or

modifications thereof, for the carrying on, by organizations or

individuals in the United States and foreign countries, including

other government agencies of the United States and of foreign

countries, of such scientific or engineering activities as the

Foundation deems necessary to carry out the purposes of this

chapter, and, at the request of the Secretary of State or

Secretary of Defense, specific scientific or engineering

activities in connection with matters relating to international

cooperation or national security, and, when deemed appropriate by

the Foundation, such contracts or other arrangements, or

modifications thereof may be entered into without legal

consideration, without performance or other bonds, and without

regard to section 5 of title 41;

(d) to make advance, progress, and other payments which relate

to scientific or engineering activities without regard to the

provisions of section 3324(a) and (b) of title 31;

(e) to acquire by purchase, lease, loan, gift, or condemnation,

and to hold and dispose of by grant, sale, lease, or loan, real

and personal property of all kinds necessary for, or resulting

from, the exercise of authority granted by this chapter;

(f) to receive and use funds donated by others, if such funds

are donated without restriction other than that they be used in

furtherance of one or more of the general purposes of the

Foundation;

(g) to publish or arrange for the publication of scientific and

engineering information so as to further the full dissemination

of information of scientific or engineering value consistent with

the national interest, without regard to the provisions of

section 501 of title 44;

(h) to accept and utilize the services of voluntary and

uncompensated personnel and to provide transportation and

subsistence as authorized by section 5703 of title 5 for persons

serving without compensation;

(i) to prescribe, with the approval of the Comptroller General

of the United States, the extent to which vouchers for funds

expended under contracts for scientific or engineering research

shall be subject to itemization or substantiation prior to

payment, without regard to the limitations of other laws relating

to the expenditure of public funds and accounting therefor;

(j) to arrange with and reimburse the heads of other Federal

agencies for the performance of any activity which the Foundation

is authorized to conduct; and

(k) during the 5-year period beginning on August 21, 1986, to

indemnify grantees, contractors, and subcontractors associated

with the Ocean Drilling Program under the provisions of section

2354 of title 10 with all approvals and certifications required

by such indemnification made by the Director.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 11, 64 Stat. 153; Pub. L. 86-232, Sec.

6, Sept. 8, 1959, 73 Stat. 468; Pub. L. 90-407, Sec. 9, July 18,

1968, 82 Stat. 365; Pub. L. 99-159, title I, Sec. 110(a)(14), Nov.

22, 1985, 99 Stat. 891; Pub. L. 99-383, Sec. 7(d), Aug. 21, 1986,

100 Stat. 814.)

-COD-

CODIFICATION

In subsec. (d), "section 3324(a) and (b) of title 31" substituted

for "section 3648 of the Revised Statutes (31 U.S.C., sec. 529)" on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

In subsec. (g), "section 501 of title 44" substituted for

"section 87 of the Act of January 12, 1895 (28 Stat. 622), and

section 11 of the Act of March 1, 1919 (40 Stat. 1270; 44 U.S.C.,

sec. 111)" on authority of Pub. L. 90-620, Sec. 2(b), Oct. 22,

1968, 82 Stat. 1305, the first section of which enacted Title 44,

Public Printing and Documents.

-MISC1-

AMENDMENTS

1986 - Subsec. (k). Pub. L. 99-383 added subsec. (k).

1985 - Subsecs. (c), (d). Pub. L. 99-159, Sec. 110(a)(14)(A),

inserted references to engineering.

Subsec. (g). Pub. L. 99-159, Sec. 110(a)(14)(B), (C), substituted

"engineering" for "technical" and inserted reference to engineering

value.

Subsec. (i). Pub. L. 99-159, Sec. 110(a)(14)(A), inserted

applicability to engineering.

1968 - Subsec. (c). Pub. L. 90-407, Sec. 9(a), substituted

"scientific activities" for "basic scientific research activities"

and "scientific research activities", "international cooperation or

national security" for "national defense", and inserted "Secretary

of State" after "at the request of the".

Subsec. (d). Pub. L. 90-407, Sec. 9(b), substituted "activities"

for "research".

Subsec. (h). Pub. L. 90-407, Sec. 9(c), substituted "section 5703

of title 5" for "section 5 of the Act of August 2, 1946 (5 U.S.C.

73b-2)".

Subsec. (j). Pub. L. 90-407, Sec. 9(d), added subsec. (j).

1959 - Subsec. (e). Pub. L. 86-232 included acquisition of

property by condemnation.

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1864, 1874 of this title;

title 40 section 525.

-End-

-CITE-

42 USC Sec. 1870a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1870a. Buy-American requirements

-STATUTE-

(a) Award of contracts

The Director shall, to the maximum extent practicable and

consistent with current law, award to domestic firms any contracts

for the purchase of goods and services intended for direct use by

the Foundation.

(b) Report

The Director shall, as soon as possible after October 31, 1988,

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

(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 Committees

on Labor and Human Resources and Commerce, Science, and

Transportation of the Senate.

(c) Definitions

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).

-SOURCE-

(Pub. L. 100-570, title I, Sec. 111, Oct. 31, 1988, 102 Stat.

2869.)

-COD-

CODIFICATION

Section was enacted 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.

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

42 USC Sec. 1871 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1871. Disposition of inventions produced under contracts or

other arrangements

-STATUTE-

Each contract or other arrangement executed pursuant to this

chapter which relates to scientific or engineering research shall

contain provisions governing the disposition of inventions produced

thereunder in a manner calculated to protect the public interest

and the equities of the individual or organization with which the

contract or other arrangement is executed: Provided, however, That

nothing in this chapter shall be construed to authorize the

Foundation to enter into any contractual or other arrangement

inconsistent with any provision of law affecting the issuance or

use of patents.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 12, 64 Stat. 154; Pub. L. 99-159,

title I, Secs. 109(c), 110(a)(15), Nov. 22, 1985, 99 Stat. 889,

891.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-159 struck out subsec. (a) designation,

inserted "or engineering" after "scientific", and struck out

subsec. (b) which prohibited Foundation officers and employees from

acquiring, etc., patent rights in inventions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 35 section 210.

-End-

-CITE-

42 USC Sec. 1872 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1872. International cooperation and coordination with foreign

policy

-STATUTE-

(a) The Foundation is authorized to cooperate in any

international scientific or engineering activities consistent with

the purposes of this chapter and to expend for such international

scientific or engineering activities such sums within the limit of

appropriated funds as the Foundation may deem desirable. The

Director may defray the expenses of representatives of Government

agencies and other organizations and of individual scientists or

engineers to accredited international scientific or engineering

congresses and meetings whenever he deem (!1) it necessary in the

promotion of the objectives of this chapter. In this connection,

with the approval of the Secretary of State, the Foundation may

undertake programs granting fellowships to, or making other similar

arrangements with, foreign nationals for study and research in the

sciences or in engineering in the United States without regard to

section 1869 of this title or the affidavit of allegiance to the

United States required by section 1874(d)(2) (!2) of this title.

(b)(1) The authority to enter into contracts or other

arrangements with organizations or individuals in foreign countries

and with agencies of foreign countries, as provided in section

1870(c) of this title, and the authority to cooperate in

international scientific or engineering activities as provided in

subsection (a) of this section, shall be exercised only with the

approval of the Secretary of State, to the end that such authority

shall be exercised in such manner as is consistent with the foreign

policy objectives of the United States.

(2) If, in the exercise of the authority referred to in paragraph

(1) of this subsection, negotiation with foreign countries or

agencies thereof becomes necessary, such negotiation shall be

carried on by the Secretary of State in consultation with the

Director.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 13, 64 Stat. 154; Pub. L. 86-232, Sec.

7, Sept. 8, 1959, 73 Stat. 468; Pub. L. 90-407, Sec. 10, July 18,

1968, 82 Stat. 365; Pub. L. 99-159, title I, Sec. 110(a)(16), (17),

Nov. 22, 1985, 99 Stat. 891.)

-REFTEXT-

REFERENCES IN TEXT

Section 1874(d)(2) of this title, referred to in subsec. (a), was

redesignated section 1874(c)(2) by Pub. L. 96-516, Sec. 21(b)(2),

Dec. 12, 1980, 94 Stat. 3010.

-MISC1-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-159, Sec. 110(a)(16), inserted "or

engineering" after "scientific" the first three places appearing

and "or engineers" after "scientists" and substituted "study and

research in the sciences or in engineering" for "scientific study

or scientific work".

Subsec. (b)(1). Pub. L. 99-159, Sec. 110(a)(17), inserted

reference to engineering.

1968 - Subsec. (a). Pub. L. 90-407 struck out ", with the

approval of the Board," after "The Director", and substituted

"section 15(d)(2) of this Act" for "section 16(d)(2) of this Act",

which resulted in no change in text because, for purposes of

classification, provision was translated as "section 1874(d)(2) of

this title".

1959 - Subsec. (a). Pub. L. 86-232 authorized the Foundation,

with approval of the Secretary of State, to cooperate in scientific

activities rather than scientific research activities, and to grant

fellowships or make other arrangements with foreign nationals for

scientific study or scientific work in the United States.

Subsec. (b)(1). Pub. L. 86-232 struck out "research" from phrase

"scientific research activities".

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "deems".

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1872a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1872a. Repealed. Pub. L. 90-407, Sec. 11(1), July 18, 1968, 82

Stat. 365

-MISC1-

Section, act May 10, 1950, ch. 171, Sec. 14, as added July 11,

1958, Pub. L. 85-510, Sec. 2, 72 Stat. 353, authorized the

Foundation, in carrying out a program of study, research, and

evaluation in the field of weather modification, to consult with

meteorologists and scientists, make contracts and grants, accept

gifts, loan property, conduct hearings, and subpoena books and

records.

EFFECTIVE DATE OF REPEAL

Section 11(1) of Pub. L. 90-407 provided that the repeal of this

section is effective Sept. 1, 1968, and that provisions authorizing

Foundation to initiate and support programs in field of weather

modification should remain in effect until Sept. 1, 1968, for

purpose of this section.

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Repeal by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-End-

-CITE-

42 USC Sec. 1873 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1873. Employment of personnel

-STATUTE-

(a) Appointment; compensation; application of civil service

provisions; technical and professional personnel; members of

special commissions; temporary appointments; travel expenses

(1) The Director shall, in accordance with such policies as the

Board shall from time to time prescribe, appoint and fix the

compensation of such personnel as may be necessary to carry out the

provisions of this chapter. Except as provided in section 1863(h)

(!1) of this title, such appointments shall be made and such

compensation shall be fixed in accordance with the provisions of

title 5 governing appointments in the competitive service, and the

provisions of chapter 51 and subchapter III of chapter 53 of title

5 relating to classification and General Schedule pay rates:

Provided, That the Director may, in accordance with such policies

as the Board shall from time to time prescribe, employ such

technical and professional personnel and fix their compensation,

without regard to such provisions, as he may deem necessary for the

discharge of the responsibilities of the Foundation under this

chapter. The members of the special commissions shall be appointed

without regard to the provisions of title 5 governing appointments

in the competitive service.

(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,

industrial, 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, 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

following 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 to such an individual, in

lieu of transportation expenses of the immediate family and

household goods and personal effects, for the period of his or her

employment with the Foundation. Notwithstanding any other provision

of law, the employer's contribution to any retirement, life

insurance, or health benefit plan for an individual 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.

(b) Operation of laboratories and pilot plants

The Foundation shall not, itself, operate any laboratories or

pilot plants.

(c) Compensation of members of Board and special commissions

The members of the Board and the members of each special

commission shall be entitled to receive compensation for each day

engaged in the business of the Foundation at a rate fixed by the

Chairman but not exceeding the maximum rate payable under section

5376 of title 5 and shall be allowed travel expenses as authorized

by section 5703 of title 5. For the purposes of determining the

payment of compensation under this subsection, the time spent in

travel by any member of the Board or any member of a special

commission shall be deemed as time engaged in the business of the

Foundation. Members of the Board and members of special commissions

may waive compensation and reimbursement for traveling expenses.

(d) Federal officers as members of special commissions;

compensation

Persons holding other offices in the executive branch of the

Federal Government may serve as members of special commissions, but

they shall not receive remuneration for their services as such

members during any period for which they receive compensation for

their services in such other offices.

(e) Utilization of appropriations in making contracts

In making contracts or other arrangements for scientific or

engineering research, the Foundation shall utilize appropriations

available therefor in such manner as will in its discretion best

realize the objectives of (1) having the work performed by

organizations, agencies, and institutions, or individuals in the

United States or foreign countries, including Government agencies

of the United States and of foreign countries, qualified by

training and experience to achieve the results desired, (2)

strengthening the research staff of organizations, particularly

nonprofit organizations, in the United States, (3) adding

institutions, agencies, or organizations which, if aided, will

advance scientific or engineering research, and (4) encouraging

independent scientific or engineering research by individuals.

(f) Transfer of research and education funds of other Government

departments or agencies

Funds available to any department or agency of the Government for

scientific or engineering research or education, or the provision

of facilities therefor, shall be available for transfer, with the

approval of the head of the department or agency involved, in whole

or in part, to the Foundation for such use as is consistent with

the purposes for which such funds were provided, and funds so

transferred shall be expendable by the Foundation for the purposes

for which the transfer was made.

(g) "United States" defined

For purposes of this chapter, the term "United States" when used

in a geographical sense means the States, the District of Columbia,

the Commonwealth of Puerto Rico, and all territories and

possessions of the United States.

(h) Expiration of authorization

Notwithstanding any other provision of law, the authorization of

any appropriation to the Foundation shall expire (unless an earlier

expiration is specifically provided) at the close of the second

fiscal year following the fiscal year for which the authorization

was enacted, to the extent that such appropriation has not

theretofore actually been made.

(i) Public disclosure of information

(1)(A) Information supplied to the Foundation or a contractor of

the Foundation in survey forms, questionnaires, or similar

instruments for purposes of section 1862(a)(5) or (6) of this title

by an individual, an industrial or commercial organization, or an

educational, academic, or other nonprofit institution when the

institution has received a pledge of confidentiality from the

Foundation, shall not be disclosed to the public unless the

information has been transformed into statistical or abstract

formats that do not allow for the identification of the supplier.

(B) Information that has not been transformed into formats

described in subparagraph (A) may be used only for statistical or

research purposes.

(C) The identities of individuals, organizations, and

institutions supplying information described in subparagraph (A)

may not be disclosed to the public.

(2) In support of functions authorized by section 1862(a)(5) or

(6) of this title, the Foundation may designate, at its discretion,

authorized persons, including employees of Federal, State, or local

agencies or instrumentalities (including local educational

agencies) and employees of private organizations, to have access,

for statistical or research purposes only, to information collected

pursuant to section 1862(a)(5) or (6) of this title that allows for

the identification of the supplier. No such person may -

(A) publish information collected pursuant to section

1862(a)(5) or (6) of this title in such a manner that either an

individual, an industrial or commercial organization, or an

educational, academic, or other nonprofit institution that has

received a pledge of confidentiality from the Foundation can be

specifically identified;

(B) permit anyone other than individuals authorized by the

Foundation to examine data that allows for such identification

relating to an individual, an industrial or commercial

organization, or an academic, educational, or other nonprofit

institution that has received a pledge of confidentiality from

the Foundation; or

(C) knowingly and willfully request or obtain any

nondisclosable information described in paragraph (1) from the

Foundation under false pretenses.

(3) Violation of this subsection is punishable by a fine of not

more than $10,000, imprisonment for not more than 5 years, or both.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 14, 64 Stat. 154; renumbered Sec. 15,

Pub. L. 85-510, Sec. 2, July 11, 1958, 72 Stat. 353; amended Pub.

L. 86-232, Sec. 8, Sept. 8, 1959, 73 Stat. 469; renumbered Sec. 14

and amended Pub. L. 90-407, Secs. 11(2), 12, July 18, 1968, 82

Stat. 365, 366; Pub. L. 91-120, Sec. 3, Nov. 18, 1969, 83 Stat.

203; Pub. L. 95-99, Sec. 12(c), formerly Sec. 14(c), Aug. 15, 1977,

91 Stat. 835, renumbered Sec. 12(c), Pub. L. 99-159, title I, Sec.

109(h), Nov. 22, 1985, 99 Stat. 890; Pub. L. 99-159, title I, Secs.

109(e)(1), 110(a)(18), Nov. 22, 1985, 99 Stat. 889, 891; Pub. L.

100-570, title I, Secs. 106, 107, Oct. 31, 1988, 102 Stat. 2868,

2869; Pub. L. 101-589, title II, Sec. 251, Nov. 16, 1990, 104 Stat.

2894; Pub. L. 102-139, title III, Oct. 28, 1991, 105 Stat. 774;

Pub. L. 104-66, title II, Sec. 2141(b), Dec. 21, 1995, 109 Stat.

731; Pub. L. 105-207, title II, Sec. 202(a)(3), July 29, 1998, 112

Stat. 873; Pub. L. 107-368, Sec. 15(b), Dec. 19, 2002, 116 Stat.

3058.)

-REFTEXT-

REFERENCES OF TEXT

Section 1863(h) of this title, referred to in subsec. (a), was

redesignated section 1863(g) of this title by Pub. L. 94-282, title

V, Sec. 503, May 11, 1976, 90 Stat. 473.

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

The General Schedule, referred to in subsec. (a)(1), is set out

under section 5332 of Title 5.

-MISC1-

AMENDMENTS

2002 - Subsec. (i). Pub. L. 107-368 amended subsec. (i)

generally. Prior to amendment, subsec. (i) read as follows:

"Information supplied to the Foundation or a contractor of the

Foundation by an industrial or commercial organization in survey

forms, questionnaires, or similar instruments for the purposes of

subsection (a)(5) or (a)(6) of section 1862 of this title may not

be disclosed to the public unless such information has been

transformed into statistical or aggregate formats that do not allow

the identification of the supplier. The names of organizations

supplying such information may not be disclosed to the public."

1998 - Subsec. (c). Pub. L. 105-207 substituted "shall be

entitled to receive" for "shall receive" and "the maximum rate

payable under section 5376" for "the rate specified for the daily

rate for GS-18 of the General Schedule under section 5332" and

inserted at end "For the purposes of determining the payment of

compensation under this subsection, the time spent in travel by any

member of the Board or any member of a special commission shall be

deemed as time engaged in the business of the Foundation. Members

of the Board and members of special commissions may waive

compensation and reimbursement for traveling expenses."

1995 - Subsec. (j). Pub. L. 104-66 struck out subsec. (j) which

read as follows: "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."

1991 - Subsec. (a)(3). Pub. L. 102-139 struck out "and when less

than" after "in lieu of".

1990 - Subsec. (f). Pub. L. 101-589 inserted "or education" after

"research".

1988 - Subsec. (a). Pub. L. 100-570, Sec. 106, designated

existing provisions as par. (1) and added pars. (2) and (3).

Subsec. (j). Pub. L. 100-570, Sec. 107, added subsec. (j).

1985 - Subsec. (b). Pub. L. 99-159, Sec. 109(e)(1)(A), (B),

struck out subsec. (b) relating to outside employment and

activities, and redesignated subsec. (c) as (b).

Subsecs. (c), (d). Pub. L. 99-159, Sec. 109(e)(1)(B),

redesignated subsecs. (d) and (e) as (c) and (d), respectively.

Former subsec. (c) redesignated (b).

Subsec. (e). Pub. L. 99-159, Secs. 109(e)(1)(B), 110(a)(18)(A),

redesignated subsec. (f) as (e) and inserted "or engineering" after

"scientific" wherever appearing. Former subsec. (e) redesignated

(d).

Subsec. (f). Pub. L. 99-159, Secs. 109(e)(1)(B), 110(a)(18)(B),

redesignated subsec. (g) as (f) and substituted "engineering" for

"technical". Former subsec. (f) redesignated (e).

Subsecs. (g), (h). Pub. L. 99-159, Sec. 109(e)(1)(B),

redesignated subsecs. (h) and (i) as (g) and (h), respectively.

Former subsec. (g) redesignated (f).

Subsec. (i). Pub. L. 99-159, Sec. 109(e)(1)(B), (C), added

subsec. (i). Former subsec. (i) redesignated (h).

1977 - Subsec. (d). Pub. L. 95-99 substituted provisions

authorizing compensation at a daily rate fixed by the chairman but

not exceeding the rate specified for the daily rate for GS-18 of

the General Schedule under section 5332 of title 5 for provisions

authorizing a daily rate of $100.

1969 - Subsec. (i). Pub. L. 91-120 added subsec. (i).

1968 - Subsec. (a). Pub. L. 90-407, Sec. 12, substituted

provisions making applicable chapter 51 and subchapter III of

chapter 53 of title 5, relating to classification and General

Schedule pay rates, for provisions making applicable the

civil-service laws and regulations and the Classification Act of

1949, and provisions that the members of special commissions be

appointed without regard to the provisions of title 5, governing

appointments in the competitive service, for provisions that the

Deputy Director, and members of divisional committees and special

commissions be appointed without regard to the civil-service laws

or regulations. Provisions this subsection, relating to outside

employment and activities of certain specified officers of the

Foundation, were designated as subsec. (b).

Subsec. (b). Pub. L. 90-407, Sec. 12, redesignated provisions of

former subsec. (a) as (b) and added Assistant Directors to

specified officers of Foundation prohibited from engaging in

outside employment and activities. Former subsec. (b), providing

for the appointment of a Deputy Director, was struck out.

Subsec. (d). Pub. L. 90-407, Sec. 12, struck out applicability to

members of each divisional committee, and substituted "$100" for

"$50" and "section 5703" for "section 73b-2".

Subsec. (e). Pub. L. 90-407, Sec. 12, struck out "the divisional

committees and" after "may serve as members of".

Subsec. (f). Pub. L. 90-407, Sec. 12, redesignated subsec. (g) as

(f), in cl. (2) substituted "United States" for "States,

Territories, possessions, and the District of Columbia", in cl. (3)

substituted "advance scientific research" for "advance basic

research", and in cl. (4) substituted "independent scientific

research" for "independent basic research". Former subsec. (f),

exempting members of Board, divisional committees, or special

commissions form provisions of former sections 281, 283, or 284 of

title 18 or former section 99 of title 5, unless the act made

unlawful by the aforementioned former sections directly involved or

directly interested the Foundation, was struck out.

Subsec. (g). Pub. L. 90-407, Sec. 12, redesignated subsec. (h) as

(g) and struck out "and, until such time as an appropriation is

made available directly to the Foundation, for general

administrative expenses of the Foundation without regard to

limitations otherwise applicable to such funds" after "the purposes

for which the transfer was made". Former subsec. (g) redesignated

(f).

Subsec. (h). Pub. L. 90-407, Sec. 12, added subsec. (h). Former

subsec. (h) redesignated (g).

Subsec. (i). Pub. L. 90-407, Sec. 12, struck out subsec. (i)

which provided for transfer of National Roster of Scientific and

Specialized Personnel from United States Employment Service to

Foundation.

1959 - Subsec. (d). Pub. L. 86-232 increased compensation for $25

to $50 per diem.

-TRANS-

TRANSFER OF FUNCTIONS

Authority of Director of National Science Foundation, from time

to time, to make appropriate provisions authorizing performance by

any other officer, or by any agency or employee, of National

Science Foundation of any of his functions (including functions

delegated to him by National Science Board), see Reorg. Plan No. 5

of 1965, eff. July 27, 1965, 30 F.R. 9355, 79 Stat. 1323, set out

in the Appendix to Title 5, Government Organization and Employees.

-MISC2-

EMPLOYMENT OF MINORITIES, WOMEN, AND HANDICAPPED INDIVIDUALS IN

EXECUTIVE LEVEL POSITIONS

Pub. L. 94-471, Sec. 7, Oct. 11, 1976, 90 Stat. 2056, provided

that:

"(a) The Director of the National Science Foundation shall

initiate an intensive search for qualified women, members of

minority groups, and handicapped individuals to fill executive

level positions in the National Science Foundation. In carrying out

the requirement of this subsection, the Director shall work closely

with organizations which have been active in seeking greater

recognition and utilization of the scientific and technical

capabilities of minorities, women, and handicapped individuals. The

Director shall improve the representation of minorities, women, and

handicapped individuals on advisory committees, review panels, and

all other mechanisms by which the scientific community provides

assistance to the Foundation. The Director of the National Science

Foundation shall report quarterly to the Congress on the status of

minorities, women, and handicapped individuals and activities

undertaken pursuant to this section.

"(b) Notwithstanding any other provision of this or any other

Act, the National Science Foundation shall, with funds available

from the program "Minorities, Women, and Handicapped Individuals in

Science" conduct experimental forums, conferences, workshops or

other activities designed to improve scientific literacy and to

encourage and assist minorities, women, and handicapped individuals

to undertake and to advance in careers in scientific research and

science education.

"(c)(1) In order to promote increased participation by minorities

in careers in science and engineering, the National Science

Foundation is authorized and directed to make available planning

and study grants for programs including, but not limited to,

Minority Centers for Graduate Education in Science and Engineering

in accordance with this subsection.

"(2) The grants for Minority Centers for Graduate Education shall

be used to determine the need for and feasibility of developing

Centers to be established at geographically dispersed educational

institutions which -

"(A) have substantial minority student enrollment;

"(B) are geographically located near minority population

centers;

"(C) demonstrate a commitment to encouraging and assisting

minority students, researchers, and faculty;

"(D) have an existing or developing capacity to offer doctoral

programs in science and engineering;

"(E) will support basic research and the acquisition of

necessary research facilities and equipment;

"(F) will serve as a regional resource in science and

engineering for the minority community which the Center is

designed to serve; and

"(G) will develop joint educational programs with nearby

undergraduate institutions of higher education which have a

substantial minority student enrollment.

"(3) The Director, in consultation with groups which have been

active in seeking greater recognition of the scientific and

technical capabilities of minorities, shall establish criteria for

the award of the grants, and shall report to the Committee on

Science and Technology of the House of Representatives and the

Committee on Labor and Public Welfare [now the Committee on Labor

and Human Resources] of the Senate on the results of activities

including an evaluation and assessment of the entire program

carried out under this subsection, not later than March 1, 1977."

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862, 1863, 1874 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1873a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1873a. Repealed. Pub. L. 99-159, title I, Sec. 109(f), Nov.

22, 1985, 99 Stat. 890

-MISC1-

Section, Pub. L. 95-99, Sec. 10, Aug. 15, 1977, 91 Stat. 834;

amended Pub. L. 96-470, title I, Sec. 119, Oct. 19, 1980, 94 Stat.

2241, related to prohibition respecting financial or other interest

of employees processing applications or proposals for Foundation

grants or contracts.

-End-

-CITE-

42 USC Sec. 1874 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1874. Security provisions

-STATUTE-

(a) Nuclear energy research and development

The Foundation shall not support any research or development

activity in the field of nuclear energy, nor shall it exercise any

authority pursuant to section 1870(e) of this title in respect to

that field, without first having obtained the concurrence of the

Secretary of Energy that such activity will not adversely affect

the common defense and security. To the extent that such activity

involves restricted data as defined in the Atomic Energy Act of

1954 [42 U.S.C. 2011 et seq.] the provisions of that Act regarding

the control of the dissemination of restricted data and the

security clearance of those individuals to be given access to

restricted data shall be applicable. Nothing in this chapter shall

supersede or modify any provision of the Atomic Energy Act of 1954.

(b) Research relating to national defense

(1) In the case of scientific or engineering research activities

under this chapter in connection with matters relating to the

national defense, with respect to which funds have been transferred

to the Foundation from the Department of Defense in accordance with

the provisions of section 1873(f) of this title, the Secretary of

Defense shall establish such security requirements and safeguards,

including restrictions with respect to access to information and

property, as he deems necessary.

(2) In the case of scientific or engineering research activities

under this chapter in connection with matters relating to the

national defense other than research activities referred to in

paragraph (1) of this subsection, the Foundation shall establish

such security requirements and safeguards, including restrictions

with respect to access to information and property, as it deems

necessary.

(3) Any agency of the Government exercising investigatory

functions is authorized to make such investigations and reports as

may be requested by the Foundation in connection with the

enforcement of security requirements and safeguards, including

restrictions with respect to access to information and property,

established under paragraph (1) or (2) of this subsection.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 15, 64 Stat. 156; Apr. 5, 1952, ch.

159, Sec. 1, 66 Stat. 43; renumbered Sec. 16, Pub. L. 85-510, Sec.

2, July 11, 1958, 72 Stat. 353; amended Pub. L. 87-835, Sec. 1,

Oct. 16, 1962, 76 Stat. 1069; renumbered Sec. 15 and amended Pub.

L. 90-407, Secs. 11(2), 13, July 18, 1968, 82 Stat. 365, 366; Pub.

L. 96-516, Sec. 21(b), Dec. 12, 1980, 94 Stat. 3010; Pub. L.

99-159, title I, Secs. 109(e)(2), 110(a)(19), Nov. 22, 1985, 99

Stat. 890, 891; Pub. L. 100-570, title I, Sec. 105(b), Oct. 31,

1988, 102 Stat. 2868; Pub. L. 105-207, title II, Sec. 202(a)(4),

July 29, 1998, 112 Stat. 874.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (a), is act

Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified principally

to chapter 23 (Sec. 2011 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2011 of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-207 substituted "Secretary of

Energy" for "Atomic Energy Commission".

1988 - Subsec. (c). Pub. L. 100-570 struck out subsec. (c) which

related to oath and statement prerequisite to acceptance of

scholarship or fellowship, ineligibility of Communist organization

members, and penalties for violation.

1985 - Subsec. (b)(1). Pub. L. 99-159, Secs. 109(e)(2),

110(a)(19)(A), substituted "engineering" for "technical" and

"1873(f)" for "1873(g)".

Subsec. (b)(2). Pub. L. 99-159, Sec. 110(a)(19)(B), inserted

applicability to engineering.

1980 - Subsecs. (c), (d). Pub. L. 96-516 redesignated subsec. (d)

as (c), and struck out former subsec. (c) relating to clearance of

personnel by the Civil Service Commission.

1968 - Subsec. (a). Pub. L. 90-407, Sec. 13, substituted "1954"

for "1946".

Subsec. (b)(1). Pub. L. 90-407, Sec. 13, substituted "section

1873(g) of this title" for section 1873(h) of this title".

1962 - Subsec. (d). Pub. L. 87-835 designated existing provisions

as par. (1), inserted reference to section 1869 of this title, and

substituted the requirement, for applications made on or after Oct.

1, 1962, of a full statement regarding convictions for crimes,

other than any committed before age 16 or for minor traffic

violations, and any criminal charges punishable by thirty days

confinement, or more, pending at time of application for

scholarship or fellowship, for the requirement of an affidavit

stating the affiant did not believe in, and was not a member or

supporter of any organization believing in, or teaching, the

violent overthrow of the United States Government, or by any

illegal means, in such par. (1), and added par. (2).

1952 - Subsec. (c). Act Apr. 5, 1952, substituted "Civil Service

Commission" for "Federal Bureau of Investigation".

SUBVERSIVE ACTIVITIES CONTROL BOARD

The Subversive Activities Control Board, established by act Sept.

23, 1950, ch. 1024, title I, Sec. 12, 64 Stat. 997, ceased to

operate as of June 30, 1973, due to lack of funding.

BASIC SCIENTIFIC RESEARCH; INCREASE IN GOVERNMENT SUPPORT; NATIONAL

SCIENCE FOUNDATION

Pub. L. 91-441, title II, Sec. 205, Oct. 7, 1970, 84 Stat. 908,

provided that: "It is the sense of the Congress that -

"(1) an increase in Government support of basic scientific

research is necessary to preserve and strengthen the sound

technological base essential both to protection of the national

security and the solution of unmet domestic needs; and

"(2) a larger share of such support should be provided

hereafter through the National Science Foundation."

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1872 of this title; title

5 section 1304.

-End-

-CITE-

42 USC Sec. 1875 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1875. Appropriations

-STATUTE-

To enable the Foundation to carry out its powers and duties, only

such sums may be appropriated as the Congress may authorize by law.

-SOURCE-

(May 10, 1950, ch. 171, Sec. 16, 64 Stat. 157; Aug. 8, 1953, ch.

377, 67 Stat. 488; renumbered Sec. 17, Pub. L. 85-510, Sec. 2, July

11, 1958, 72 Stat. 353; renumbered Sec. 16 and amended Pub. L.

90-407, Secs. 11(2), (14), July 18, 1968, 82 Stat. 365, 366; Pub.

L. 96-516, Sec. 21(c), Dec. 12, 1980, 94 Stat. 3010.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-516 amended subsec. (a) generally, striking out

specific dollar amounts for fiscal years ending June 30, 1969, and

June 30, 1970, reference to subsequent fiscal years, and provisions

relating to sums as additional to sums under section 1122(b)(1) of

title 33, and struck out subsec. (b) which related to availability

of sums for obligation and expenditure.

1968 - Subsec. (a). Pub. L. 90-407, Sec. 14, substituted

provisions authorizing the appropriation of funds for the fiscal

year ending June 30, 1969, June 30, 1970, and each subsequent

fiscal year, such sums to be in addition to sums authorized by

section 1122(b)(1) of title 33, for provisions authorizing the

appropriation of such sums as may be necessary to carry out the

provisions of this chapter out of any money in the Treasury not

otherwise appropriated.

1953 - Subsec. (a). Act Aug. 8, 1953, removed the $15 million

limitation on the amount of the annual appropriations.

DRUG-FREE WORKPLACE

Pub. L. 100-570, title I, Sec. 118, Oct. 31, 1988, 102 Stat.

2873, provided that:

"(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 has 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

distribution of controlled substances (as defined in the Controlled

Substances Act [21 U.S.C. 801 et seq.]) by the officers and

employees of the Foundation.

"(b) 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,

satisfactory 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."

[Section 118 of Pub. L. 100-570, set out above, effective Jan.

16, 1989, see section 215(c) of Pub. L. 100-685, set out as a note

under section 2459 of this title.]

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF

THE NATIONAL SCIENCE FOUNDATION

Amendment by Pub. L. 90-407 intended to continue in effect the

existing offices, procedures, and organization of the Foundation,

see section 16 of Pub. L. 90-407, set out as a note under section

1862 of this title.

-End-

-CITE-

42 USC Secs. 1876 to 1879 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Secs. 1876 to 1879. Repealed. Pub. L. 99-383, Sec. 11, Aug. 21,

1986, 100 Stat. 817

-MISC1-

Section 1876, Pub. L. 85-864, title IX, Sec. 901, Sept. 2, 1958,

72 Stat. 1601, authorized establishment of a Science Information

Service by National Science Foundation.

Section 1877, Pub. L. 85-864, title IX, Sec. 902, Sept. 2, 1958,

72 Stat. 1601; Pub. L. 90-407, Sec. 15(b), July 18, 1968, 82 Stat.

367, authorized establishment of a Science Information Council

within National Science Foundation.

Section 1878, Pub. L. 85-864, title IX, Sec. 903, Sept. 2, 1958,

72 Stat. 1601, provided National Science Foundation with same power

and authority in carrying out its functions under sections 1876 to

1879 of this title as it had in carrying out its functions under

this chapter.

Section 1879, Pub. L. 85-864, title IX, Sec. 904, Sept. 2, 1958,

72 Stat. 1602, authorized appropriations to carry out programs of

the Science Information Service and the Science Information

Council.

-End-

-CITE-

42 USC Sec. 1880 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1880. National Medal of Science

-STATUTE-

There is established a National Medal of Science (hereinafter

referred to as the "medal"), which shall be of such design and

materials and bear such inscriptions as the President, on the basis

of recommendations submitted by the National Science Foundation,

may prescribe, and shall be awarded as provided in section 1881 of

this title.

-SOURCE-

(Pub. L. 86-209, Sec. 1, Aug. 25, 1959, 73 Stat. 431.)

-COD-

CODIFICATION

Section was not enacted as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-End-

-CITE-

42 USC Sec. 1881 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1881. Award of National Medal of Science

-STATUTE-

(a) Recommendations

The President shall from time to time award the medal, on the

basis of recommendations received from the National Academy of

Sciences or on the basis of such other information and evidence as

he deems appropriate, to individuals who in his judgment are

deserving of special recognition by reason of their outstanding

contributions to knowledge in the physical, biological,

mathematical, engineering, behavioral or social sciences.

(b) Number

Not more than twenty individuals may be awarded the medal in any

one calendar year.

(c) Citizenship

An individual may not be awarded the medal unless at the time

such award is made he -

(1) is a citizen or other national of the United States; or

(2) is an alien lawfully admitted to the United States for

permanent residence who (A) has filed an application for petition

for naturalization in the manner prescribed by section 1445(b) of

title 8 and (B) is not permanently ineligible to become a citizen

of the United States.

(d) Ceremonies

The presentation of the award shall be made by the President with

such ceremonies as he may deem proper, including attendance by

appropriate Members of Congress.

-SOURCE-

(Pub. L. 86-209, Sec. 2, Aug. 25, 1959, 73 Stat. 431; Pub. L.

96-516, Sec. 22(a)(1), Dec. 12, 1980, 94 Stat. 3010.)

-COD-

CODIFICATION

Section was not enacted as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-516 inserted applicability to

behavioral and social sciences.

-EXEC-

EX. ORD. NO. 11287. AWARD AND PRESENTATION OF NATIONAL MEDAL OF

SCIENCE

Ex. Ord. No. 11287, eff. June 28, 1966, 31 F.R. 8995, as amended

by Ex. Ord. No. 11502, eff. Dec. 22, 1969, 34 F.R. 20171; Ex. Ord.

No. 11734, July 30, 1973, 38 F.R. 20433, provided:

By virtue of the authority vested in me by the Act of August 25,

1959, entitled "An Act To Establish a National Medal of Science To

Provide Recognition for Individuals Who Make Outstanding

Contributions in the Physical, Biological, Mathematical, and

Engineering Sciences," 73 Stat. 431 (hereinafter referred to as the

Act) [42 U.S.C. 1880, 1881], and as President of the United States,

it is ordered as follows:

Section 1. Award of Medal. (a) The President shall award the

National Medal of Science (hereinafter referred to as the Medal)

established by the Act, the specifications of which are prescribed

by Executive Order No. 10910 of January 17, 1961, as amended, on

the basis of recommendations received by him in accordance with the

provisions of this Order to individuals who in his judgment are

deserving of special recognition by reason of their outstanding

contributions to knowledge in the physical, biological,

mathematical, or engineering sciences.

(b) The following-described criteria shall govern the award of

the Medal -

(1) Not more than twenty individuals shall be awarded the Medal

in any one calendar year.

(2) No individual shall be awarded the Medal unless, at the time

such award is made, he:

(A) is a citizen or other national of the United States; or

(B) is an alien lawfully admitted to the United States for

permanent residence who (i) has filed a petition for naturalization

in the manner prescribed by Section 334(b) of the Immigration and

Nationality Act [8 U.S.C. 1445(b)], and (ii) is not permanently

ineligible to become a citizen of the United States.

(3) Notwithstanding the provisions of paragraph (2) of this

subsection, the Medal may be awarded posthumously, but only to

individuals who, at the time of their death, met the conditions set

forth in paragraph (2). The Medal shall not be awarded to any

individual after the fifth anniversary of the day of his death.

(c) Each Medal awarded shall be suitably inscribed. Each

individual awarded the Medal shall also receive a citation

descriptive of the award.

(d) The presentation of the Medal shall be made in accordance

with Section 2(d) of the Act.

Sec. 2. The President's Committee. (a) There is hereby

established the President's Committee on the National Medal of

Science (hereinafter referred to as the Committee), which shall be

composed of twelve appointive members and two ex officio members

and shall assist the President, as provided in this order, in

connection with the carrying out of the Act.

(b) Each appointive member of the Committee shall be appointed by

the President from among appropriately qualified citizens of the

United States. Except as otherwise provided in subsection (e) of

this Section, each such member shall be so appointed for a term of

three years or for the balance of the unexpired term of his

predecessor, whichever is appropriate. Members may be reappointed

to serve one additional term of three years. As nearly as

practicable, the appointive members of the Committee shall comprise

a cross section of the major fields of science and engineering.

(c) The following shall be ex officio members of the Committee:

(1) The Science Adviser.

(2) The President of the National Academy of Sciences.

(d) The President shall from time to time designate one of the

members of the Committee as Chairman thereof.

(e) Of the persons first designated as members of the Committee

under the provisions of subsection (b) of this Section, four shall

be designated to serve until December 31, 1966, four shall be

designated to serve until December 31, 1967, and four shall be

designated to serve until December 31, 1968.

Sec. 3. Preliminary Procedure. (a) The Committee shall receive,

on behalf of the President, (1) the recommendations made by the

National Academy of Sciences respecting the award of the Medal

pursuant to the provisions of Section 2(a) of the Act [subsec. (a)

of this section], and (2) such similar recommendations as may be

made by any other nationally representative scientific or

engineering organization or other qualified source. Each such

recommendation shall include or be accompanied by such appropriate

supporting material as the Committee may from time to time specify.

(b) On the basis of such criteria, information, and evidence as

it may deem appropriate, and subject to the provisions of Section 1

of this Order, the Committee shall designate, from among the

individuals who are recommended in accordance with Section 3(a) of

this Order, those individuals whom the Committee recommends for the

award of the Medal and shall transmit the names of those

individuals to the President, together with its recommendations. In

so transmitting its recommendations, the Committee (1) shall

include expressions of its views concerning, and such other

information as may be pertinent to, its recommendations, and (2)

may arrange the names of all or some of the recommended individuals

in a sequence deemed by it to indicate the order of precedence in

which the individuals involved deserve to receive the Medal.

(c) Each recommendation respecting the award of the Medal to an

individual which is transmitted to the President by the Committee

shall be accompanied by a draft of a citation describing the

contributions which are being recognized by the award.

Sec. 4. Time of Awards and Recommendations. (a) Unless otherwise

directed by the President, announcement of the award of the Medal

shall be made during the last sixty days of each calendar year and

ceremonies for presentation of the Medal shall be held during the

first ninety days of the calendar year following the announcement

of the award.

(b) Recommendations for awards of the Medals shall be submitted

to the Committee, pursuant to Section 3(a) of this Order, by the

first day of July of the year in which it is proposed that they be

announced by the President. Recommendations of the Committee shall

be delivered to the President by the fifteenth day of October of

the year in which it is proposed that they be announced. Awards of

the Medal may be based upon recommendations of the Committee or

upon such other information and evidence as the President deems

appropriate.

Sec. 5. Services and Expenses. (a) The National Science

Foundation is authorized to provide such assistance as may be

necessary and appropriate to carry out the purposes of this Order.

(b) The members of the Committee shall serve without

compensation, but the National Science Foundation is authorized to

reimburse them for travel expenses and to pay them per diem in lieu

of subsistence as authorized for persons serving without

compensation (5 U.S.C. 73b-2) [see 5 U.S.C. 703].

Sec. 6. Prior Orders. (a) Subject to the provisions of this

Order, the President's Committee on the National Medal of Science

established by Section 2 of this Order shall be deemed to

constitute a continuation of the Committee of the same name

established by Executive Order No. 10961 of August 21, 1961. The

latter Order is hereby revoked.

(b) Executive Order No. 10910 of January 17, 1961, is hereby

amended by deleting from its title the words "AND AWARD", and by

deleting the last two sentences of Section 1, and all of Section 2,

thereof.

EXTENSION OF TERM OF PRESIDENT'S COMMITTEE ON THE NATIONAL MEDAL OF

SCIENCE

Term of the President's Committee on the National Medal of

Science extended until Dec. 31, 1978, by Ex. Ord. No. 11948, Dec.

20, 1976, 41 F.R. 55705, formerly set out as a note under section

14 of the Federal Advisory Committee Act in the Appendix to Title

5, Government Organization and Employees.

Term of the President's Committee on the National Medal of

Science extended until Dec. 31, 1982, by Ex. Ord. No. 12258, Dec.

31, 1980, 46 F.R. 1251, formerly set out as a note under section 14

of the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on the National Medal of

Science extended until Sept. 30, 1984, by Ex. Ord. No. 12399, Dec.

31, 1982, 48 F.R. 379, formerly set out as a note under section 14

of the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on the National Medal of

Science extended until Sept. 30, 1985, by Ex. Ord. No. 12489, Sept.

28, 1984, 49 F.R. 38927, formerly set out as a note under section

14 of the Federal Advisory Committee Act in the Appendix to Title

5.

Term of the President's Committee on the National Medal of

Science extended until Sept. 30, 1987, by Ex. Ord. No. 12534, Sept.

30, 1985, 50 F.R. 40319, formerly set out as a note under section

14 of the Federal Advisory Committee Act in the Appendix to Title

5.

Term of the President's Committee on the National Medal of

Science extended until Sept. 30, 1989, by Ex. Ord. No. 12610, Sept.

30, 1987, 52 F.R. 36901, formerly set out as a note under section

14 of the Federal Advisory Committee Act in the Appendix to Title

5.

Term of the President's Committee on the National Medal of

Science extended until Sept. 30, 1991, by Ex. Ord. No. 12692, Sept.

29, 1989, 54 F.R. 40627, formerly set out as a note under section

14 of the Federal Advisory Committee Act in the Appendix to Title

5.

Term of the President's Committee on the National Medal of

Science extended until Sept. 30, 1993, by Ex. Ord. No. 12774, Sept.

27, 1991, 56 F.R. 49835, formerly set out as a note under section

14 of the Federal Advisory Committee Act in the Appendix to Title

5.

Term of the President's Committee on the National Medal of

Science extended until Sept. 30, 1995, by Ex. Ord. No. 12869, Sept.

30, 1993, 58 F.R. 51751, formerly set out as a note under section

14 of the Federal Advisory Committee Act in the Appendix to Title

5.

Term of the President's Committee on the National Medal of

Science extended until Sept. 30, 1997, by Ex. Ord. No. 12974, Sept.

29, 1995, 60 F.R. 51875, formerly set out as a note under section

14 of the Federal Advisory Committee Act in the Appendix to Title

5.

Term of the President's Committee on the National Medal of

Science extended until Sept. 30, 1999, by Ex. Ord. No. 13062, Sec.

1(j), Sept. 29, 1997, 62 F.R. 51755, formerly set out as a note

under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5.

Term of the President's Committee on the National Medal of

Science extended until Sept. 30, 2001, by Ex. Ord. No. 13138, Sept.

30, 1999, 64 F.R. 53879, formerly set out as a note under section

14 of the Federal Advisory Committee Act in the Appendix to Title

5.

Term of the President's Committee on the National Medal of

Science extended until Sept. 30, 2003, by Ex. Ord. No. 13225, Sept.

28, 2001, 66 F.R. 50291, set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5.

-End-

-CITE-

42 USC Sec. 1881a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1881a. Alan T. Waterman Award

-STATUTE-

(a) Establishment; amounts; terms

The National Science Foundation is authorized to establish the

Alan T. Waterman Award for research or advanced study in the

mathematical, physical, medical, biological, engineering,

behavioral, social, or other sciences. The award authorized by this

section shall consist of a suitable medal and a grant to support

further research or study by the recipient. The National Science

Board will periodically establish the amounts and terms of such

grants under this section.

(b) Purpose

Awards under this section shall be made to recognize and

encourage the work of younger scientists whose capabilities and

accomplishments show exceptional promise of significant future

achievement.

(c) Number

No more than one award shall be made under this section in any

one fiscal year.

-SOURCE-

(Pub. L. 94-86, Sec. 6, Aug. 9, 1975, 89 Stat. 430; Pub. L. 96-516,

Sec. 22(b), Dec. 12, 1980, 94 Stat. 3010; Pub. L. 99-159, title I,

Sec. 109(g), Nov. 22, 1985, 99 Stat. 890; Pub. L. 105-207, title

II, Sec. 202(b), July 29, 1998, 112 Stat. 874.)

-COD-

CODIFICATION

Section was not enacted as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-207 substituted "social," for

"social, social,".

1985 - Subsec. (a). Pub. L. 99-159 substituted provisions

requiring the National Science Board to periodically establish

amounts and terms of grants, for provisions limiting the grant

awarded to $50,000 per year for a period not exceeding three years.

1980 - Subsec. (a). Pub. L. 96-516 inserted ", behavioral,

social" after "engineering".

-End-

-CITE-

42 USC Sec. 1881b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1881b. Presidential awards for teaching excellence

-STATUTE-

(1)(A) The President is authorized to make Presidential 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 schools established outside the several States and the

District of Columbia by any agency of the Federal Government for

dependents of the employees of such agency.

(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

Education and Human Resources.

(B) Amounts made available pursuant to subparagraph (A) shall be

available for making awards under this subsection, for

administrative expenses, for necessary travel by teachers selected

under this subsection, and for special activities related to

carrying out this subsection.

-SOURCE-

(Pub. L. 100-570, title I, Sec. 117(a), Oct. 31, 1988, 102 Stat.

2872; Pub. L. 105-207, title II, Sec. 202(c), July 29, 1998, 112

Stat. 874.)

-COD-

CODIFICATION

Section was enacted 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.

-MISC1-

AMENDMENTS

1998 - Par. (1)(B)(v). Pub. L. 105-207, Sec. 202(c)(1), added cl.

(v) and struck out former cl. (v) which read as follows: "from the

United States Department of Defense Dependents' School."

Par. (3)(A). Pub. L. 105-207, Sec. 202(c)(2), substituted

"Education and Human Resources" for "Science and Engineering

Education".

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

42 USC Sec. 1882 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1882. Information furnished to Congressional committees

-STATUTE-

Notwithstanding any other provision of this or any other Act, the

Director of the National Science Foundation and the National

Science Board shall keep the Committee on Labor and Human Resources

of the Senate and the Committee on Science, Space, and Technology

of the House of Representatives fully and currently informed with

respect to all of the activities of the National Science

Foundation.

-SOURCE-

(Pub. L. 96-44, Sec. 9, Aug. 2, 1979, 93 Stat. 335; Pub. L. 99-159,

title I, Sec. 109(i), Nov. 22, 1985, 99 Stat. 890; Pub. L. 103-437,

Sec. 15(c)(2), Nov. 2, 1994, 108 Stat. 4591.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-44, known as the

National Science Foundation Authorization Act for Fiscal Year 1980.

For classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the authorization act cited as the

credit to this section, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in the

following prior authorization acts:

Pub. L. 95-434, Sec. 7, Oct. 10, 1978, 92 Stat. 1050.

Pub. L. 95-99, Sec. 11, formerly Sec. 13, Aug. 15, 1977, 91 Stat.

835, renumbered Sec. 11, Pub. L. 99-159, title I, Sec. 109(h), Nov.

22, 1985, 99 Stat. 890.

Pub. L. 94-471, Sec. 11, Oct. 11, 1976, 90 Stat. 2058.

Pub. L. 94-86, Sec. 11, Aug. 9, 1975, 89 Stat. 431.

Pub. L. 93-413, Sec. 7, Sept. 4, 1974, 88 Stat. 1095.

Pub. L. 93-96, Sec. 9, Aug. 16, 1973, 87 Stat. 317.

Pub. L. 91-120, Sec. 6, Nov. 18, 1969, 83 Stat. 203.

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Science, Space, and

Technology" for "Science and Technology".

1985 - Pub. L. 99-159 inserted "and the National Science Board".

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

42 USC Sec. 1883 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1883. Office of Small Business Research and Development

-STATUTE-

The National Science Foundation is authorized and directed to

establish an Office of Small Business Research and Development. The

Foundation through the Office of Small Business Research and

Development and in cooperation and consultation with the Small

Business Administration shall -

(1) foster communication between the National Science

Foundation and the small business community, and insure that the

set-aside for small business concerns provided under this Act or

any other Act authorizing appropriations for the National Science

Foundation is fully and effectively utilized;

(2) collect, analyze, compile, and publish information

concerning grants and contracts awarded to small business

concerns by the Foundation, and the procedures for handling

proposals submitted by small business concerns;

(3) assist individual small business concerns in obtaining

information regarding programs, policies, and procedures of the

Foundation, and assure the expeditious processing of proposals by

small business concerns based on scientific and technical merit;

and

(4) recommend to the Director and to the National Science Board

such changes in the procedures and practices of the Foundation as

may be required to enable the Foundation to draw fully on the

resources of the small business research and development

community.

-SOURCE-

(Pub. L. 94-471, Sec. 8, Oct. 11, 1976, 90 Stat. 2057; Pub. L.

99-386, title I, Sec. 108, Aug. 22, 1986, 100 Stat. 822.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in par. (1), is Pub. L. 94-471, Oct. 11,

1976, 90 Stat. 2053, known as the National Science Foundation

Authorization Act, 1977, which, insofar as classified to the Code,

enacted sections 1882 and 1883 of this title, amended section 1863

of this title, and enacted provisions set out as notes under

sections 1862, 1864, 1873, and 5820 of this title. For complete

classification of this Act to the Code, see Short Title of 1976

Amendment note set out under section 1861 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act, 1977, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

AMENDMENTS

1986 - Par. (5). Pub. L. 99-386 struck out par. (5) which related

to quarterly reports to Congress concerning activities of Office of

Small Business Research and Development.

-End-

-CITE-

42 USC Sec. 1884 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1884. Repealed. Pub. L. 99-159, title I, Sec. 109(h), Nov. 22,

1985, 99 Stat. 890

-MISC1-

Section, Pub. L. 95-99, Sec. 6, Aug. 15, 1977, 91 Stat. 833,

related to the establishment, etc., of the Resource Center for

Science and Engineering.

-End-

-CITE-

42 USC Sec. 1885 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1885. Congressional statement of findings and declaration of

policy respecting equal opportunities in science and engineering

-STATUTE-

(a) The Congress finds that it is in the national interest to

promote the full use of human resources in science and engineering

and to insure the full development and use of the scientific and

engineering talents and skills of men and women, equally, of all

ethnic, racial, and economic backgrounds, including persons with

disabilities.

(b) The Congress declares it is the policy of the United States

to encourage men and women, equally, of all ethnic, racial, and

economic backgrounds, including persons with disabilities, to

acquire skills in science, engineering, and mathematics, to have

equal opportunity in education, training, and employment in

scientific and engineering fields, and thereby to promote

scientific and engineering literacy and the full use of the human

resources of the Nation in science and engineering. To this end,

the Congress declares that the highest quality science and

engineering over the long-term requires substantial support, from

currently available research and educational funds, for increased

participation in science and engineering by women, minorities, and

persons with disabilities. The Congress further declares that the

impact on women, minorities, and persons with disabilities which is

produced by advances in science and engineering must be included as

essential factors in national and international science,

engineering, and economic policies.

-SOURCE-

(Pub. L. 96-516, Sec. 32, Dec. 12, 1980, 94 Stat. 3010; Pub. L.

99-159, title I, Sec. 111(b)(2)-(5), Nov. 22, 1985, 99 Stat. 892;

Pub. L. 107-368, Sec. 16, Dec. 19, 2002, 116 Stat. 3059.)

-COD-

CODIFICATION

Section was enacted as part of the Science and Engineering Equal

Opportunities Act, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-368, Sec. 16(1), substituted

"backgrounds, including persons with disabilities" for

"backgrounds".

Subsec. (b). Pub. L. 107-368, Sec. 16(2), inserted ", including

persons with disabilities," after "backgrounds" and substituted ",

minorities, and persons with disabilities" for "and minorities" in

two places.

1985 - Subsec. (a). Pub. L. 99-159, Sec. 111(b)(2), substituted

"engineering" for "technology" and "scientific and engineering

talents and skills" for "scientific talent and technical skills".

Subsec. (b). Pub. L. 99-159, Sec. 111(b)(3)-(5), inserted ",

engineering," after "skills in science", substituted "engineering"

for "technical", "scientific and engineering literacy" for

"scientific literacy", and "engineering" for "technology" wherever

appearing, and inserted "and engineering" after "highest quality

science".

SHORT TITLE

For short title of sections 31 et seq. of Pub. L. 96-516 as the

"Science and Engineering Equal Opportunities Act", see section 31

of Pub. L. 96-516, as amended, set out as a Short Title of 1980

Amendment note under section 1861 of this title.

SEVERABILITY OF SCIENCE AND ENGINEERING EQUAL OPPORTUNITIES ACT

Section 38 of Pub. L. 96-516 provided that: "If a provision of

this Act [enacting sections 1885 to 1885d of this title and

provisions set out as notes under sections 1861 and 1885 of this

title] is held invalid, the validity of the other provisions of the

Act shall not be affected. If an application of a provision of this

Act to a person or circumstance is held invalid, the validity of

the application of the provisions to another person or circumstance

shall not be affected."

REPORTS TO CONGRESS CONCERNING NATIONAL POLICY DEVELOPMENT OF

PROMOTION, ETC., OF EQUAL OPPORTUNITY FOR WOMEN AND MINORITIES IN

SCIENCE AND TECHNOLOGY, AND IMPACTS OF SCIENCE AND TECHNOLOGY ON

WOMEN AND MINORITIES

Section 35 of Pub. L. 96-516 directed President, with assistance

of Director of Office of Science and Technology Policy and Director

of Foundation, to prepare and transmit before Jan. 20, 1982, a

report to Congress proposing a comprehensive national policy and

program, including budgetary and legislative recommendations, for

promotion of equal opportunity for women and minorities in science

and technology, and directed President, with assistance of Director

of Office of Science and Technology Policy, heads of appropriate

executive departments, and Director of the Foundation to prepare

and transmit before Jan. 1, 1983, a report to Congress proposing a

comprehensive policy, including budgetary and legislative

recommendations, concerning direct and indirect impacts of science

and technology on women and minorities.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1885c, 1885d of this

title.

-End-

-CITE-

42 USC Sec. 1885a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1885a. Women in science and engineering; support of activities

by Foundation for promotion, etc.

-STATUTE-

The Foundation is authorized to -

(1) support activities designed to -

(A) increase the participation of women in courses of study

at the undergraduate, graduate, and postgraduate levels leading

to degrees in scientific and engineering fields;

(B) encourage women to consider and prepare for careers in

science and engineering; or

(C) provide traineeship and fellowship opportunities for

women in science and engineering;

(2) support programs in science, engineering, and mathematics

in elementary and secondary schools so as to stimulate the

acquisition of knowledge, skills, and information by female

students and to increase female student awareness of career

opportunities requiring scientific and engineering skills;

(3) support activities in continuing education in science and

engineering which provide opportunities for women who -

(A) are in the work force, or

(B) who are not in the work force because their careers have

been interrupted,

to acquire new knowledge, techniques, and skills in scientific

and engineering fields;

(4) undertake a comprehensive research program designed to

increase public understanding of (A) the potential contribution

of women in science and engineering and (B) the means to

facilitate the participation and advancement of women in

scientific and engineering careers;

(5) establish a visiting women scientists and engineers

program;

(6) support activities designed to improve the availability and

quality of public information concerning the importance of the

participation of women in careers in science and engineering;

(7) support activities of museums and science centers which

demonstrate potential to interest and involve women in science

and engineering;

(8) make grants, to be known as the National Research

Opportunity Grants, to women scientists and engineers who (A)

have received their doctorates within five years prior to the

date of the award or (B) have received their doctorates, have had

their careers interrupted, and are re-entering the work force

within five years after such interruption;

(9) make grants to women eligible under paragraph (8) to assist

such women in planning and developing a research project eligible

for support under such paragraph;

(10) provide support to individuals or academic institutions

for full-time or part-time visiting professorships for women in

science and engineering; and

(11) support demonstration project activities of individuals,

public agencies, and private entities designed to encourage the

employment and advancement of women in science and engineering.

-SOURCE-

(Pub. L. 96-516, Sec. 33, Dec. 12, 1980, 94 Stat. 3011; Pub. L.

99-159, title I, Sec. 111(b)(6), Nov. 22, 1985, 99 Stat. 892.)

-COD-

CODIFICATION

Section was enacted as part of the Science and Engineering Equal

Opportunities Act, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

AMENDMENTS

1985 - Par. (1). Pub. L. 99-159, Sec. 111(b)(6)(A), substituted

"engineering" for "technology" and "technical" wherever appearing.

Par. (2). Pub. L. 99-159, Sec. 111(b)(6)(A), (B), inserted ",

engineering," after "science", and substituted "engineering" for

"technical".

Par. (3). Pub. L. 99-159, Sec. 111(b)(6)(A), substituted

"engineering fields" for "technical fields".

Par. (4). Pub. L. 99-159, Sec. 111(b)(6)(A), substituted

"engineering" for "technology" and "technical".

Par. (5). Pub. L. 99-159, Sec. 111(b)(6)(C), inserted

applicability to engineers.

Pars. (6), (7). Pub. L. 99-159, Sec. 111(b)(6)(A), substituted

"engineering" for "technology".

Par. (8). Pub. L. 99-159, Sec. 111(b)(6)(C), inserted

applicability to engineers.

Par. (10). Pub. L. 99-159, Sec. 111(b)(6)(D), inserted

applicability to engineering.

Par. (11). Pub. L. 99-159, Sec. 111(b)(6)(E), substituted

"science and engineering" for "science, engineering, and

technology".

COMMISSION ON THE ADVANCEMENT OF WOMEN AND MINORITIES IN SCIENCE,

ENGINEERING, AND TECHNOLOGY DEVELOPMENT

Pub. L. 105-255, Oct. 14, 1998, 112 Stat. 1889, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Commission on the Advancement of

Women and Minorities in Science, Engineering, and Technology

Development Act'.

"SEC. 2. FINDINGS.

"The Congress finds the following:

"(1) According to the National Science Foundation's 1996

report, Women, Minorities, and Persons with Disabilities in

Science and Engineering -

"(A) women have historically been underrepresented in

scientific and engineering occupations, and although progress

has been made over the last several decades, there is still

room for improvement;

"(B) female and minority students take fewer high-level

mathematics and science courses in high school;

"(C) female students earn fewer bachelors, masters, and

doctoral degrees in science and engineering;

"(D) among recent bachelors of science and bachelors of

engineering graduates, women are less likely to be in the labor

force, to be employed full-time, and to be employed in their

field than are men;

"(E) among doctoral scientists and engineers, women are far

more likely to be employed at 2-year institutions, are far less

likely to be employed in research universities, and are much

more likely to teach part-time;

"(F) among university full-time faculty, women are less

likely to chair departments or hold high-ranked positions;

"(G) a substantial salary gap exists between men and women

with doctorates in science and engineering;

"(H) Blacks, Hispanics, and Native Americans continue to be

seriously underrepresented in graduate science and engineering

programs; and

"(I) Blacks, Hispanics, and Native Americans as a group are

23 percent of the population of the United States, but only 6

percent are scientists or engineers.

"(2) According to the National Research Council's 1995 report,

Women Scientists and Engineers Employed in Industry: Why So Few?

-

"(A) limited access is the first hurdle faced by women

seeking industrial jobs in science and engineering, and while

progress has been made in recent years, common recruitment and

hiring practices that make extensive use of traditional

networks often overlook the available pool of women;

"(B) once on the job, many women find paternalism, sexual

harassment, allegations of reverse discrimination, different

standards for judging the work of men and women, lower salary

relative to their male peers, inequitable job assignments, and

other aspects of a male-oriented culture that are hostile to

women; and

"(C) women to a greater extent than men find limited

opportunities for advancement, particularly for moving into

management positions, and the number of women who have achieved

the top levels in corporations is much lower than would be

expected, based on the pipeline model.

"(3) The establishment of a commission to examine issues raised

by the findings of these two reports would help -

"(A) to focus attention on the importance of eliminating

artificial barriers to the recruitment, retention, and

advancement of women and minorities in the fields of science,

engineering, and technology, and in all employment sectors of

the United States;

"(B) to promote work force diversity;

"(C) to sensitize employers to the need to recruit and retain

women and minority scientists, engineers, and computer

specialists; and

"(D) to encourage the replication of successful recruitment

and retention programs by universities, corporations, and

Federal agencies having difficulties in employing women or

minorities in the fields of science, engineering, and

technology.

"SEC. 3. ESTABLISHMENT.

"There is established a commission to be known as the 'Commission

on the Advancement of Women and Minorities in Science, Engineering,

and Technology Development' (in this Act referred to as the

'Commission').

"SEC. 4. DUTY OF THE COMMISSION.

"The Commission shall review available research, and, if

determined necessary by the Commission, conduct additional research

to -

"(1) identify the number of women, minorities, and individuals

with disabilities in the United States in specific types of

occupations in science, engineering, and technology development;

"(2) examine the preparedness of women, minorities, and

individuals with disabilities to -

"(A) pursue careers in science, engineering, and technology

development; and

"(B) advance to positions of greater responsibility within

academia, industry, and government;

"(3) describe the practices and policies of employers and labor

unions relating to the recruitment, retention, and advancement of

women, minorities, and individuals with disabilities in the

fields of science, engineering, and technology development;

"(4) identify the opportunities for, and artificial barriers

to, the recruitment, retention, and advancement of women,

minorities, and individuals with disabilities in the fields of

science, engineering, and technology development in academia,

industry, and government;

"(5) compile a synthesis of available research on lawful

practices, policies, and programs that have successfully led to

the recruitment, retention, and advancement of women, minorities,

and individuals with disabilities in science, engineering, and

technology development;

"(6) issue recommendations with respect to lawful policies that

government (including Congress and appropriate Federal agencies),

academia, and private industry can follow regarding the

recruitment, retention, and advancement of women, minorities, and

individuals with disabilities in science, engineering, and

technology development;

"(7) identify the disincentives for women, minorities, and

individuals with disabilities to continue graduate education in

the fields of engineering, physics, and computer science;

"(8) identify university undergraduate programs that are

successful in retaining women, minorities, and individuals with

disabilities in the fields of science, engineering, and

technology development;

"(9) identify the disincentives that lead to a disproportionate

number of women, minorities, and individuals with disabilities

leaving the fields of science, engineering, and technology

development before completing their undergraduate education;

"(10) assess the extent to which the recommendations of the

Task Force on Women, Minorities, and the Handicapped in Science

and Technology established under section 8 of the National

Science Foundation Authorization Act for Fiscal Year 1987 (Public

Law 99-383; 42 U.S.C. 1885a note) have been implemented;

"(11) compile a list of all federally funded reports on the

subjects of encouraging women, minorities, and individuals with

disabilities to enter the fields of science and engineering and

retaining women, minorities, and individuals with disabilities in

the science and engineering workforce that have been issued since

the date that the Task Force described in paragraph (10)

submitted its report to Congress;

"(12) assess the extent to which the recommendations contained

in the reports described in paragraph (11) have been implemented;

and

"(13) evaluate the benefits of family-friendly policies in

order to assist recruiting, retaining, and advancing women in the

fields of science, engineering, and technology such as the

benefits or disadvantages of the Family and Medical Leave Act of

1993 (29 U.S.C. 2001 et seq. [see Short Title note set out under

section 2601 of Title 29, Labor, and Tables]).

"SEC. 5. MEMBERSHIP.

"(a) Number and Appointment. - The Commission shall be composed

of 11 members as follows:

"(1) One member appointed by the President from among

for-profit entities that hire individuals in the fields of

engineering, science, or technology development.

"(2) Two members appointed by the Speaker of the House of

Representatives from among such entities.

"(3) One member appointed by the minority leader of the House

of Representatives from among such entities.

"(4) Two members appointed by the majority leader of the Senate

from among such entities.

"(5) One member appointed by the minority leader of the Senate

from among such entities.

"(6) Two members appointed by the Chairman of the National

Governors Association from among individuals in education or

academia in the fields of life science, physical science, or

engineering.

"(7) Two members appointed by the Vice Chairman of the National

Governors Association from among such individuals.

"(b) Initial Appointments. - Initial appointments shall be made

under subsection (a) not later than 90 days after the date of the

enactment of this Act [Oct. 14, 1998].

"(c) Terms. -

"(1) In general. - Each member shall be appointed for the life

of the Commission.

"(2) Vacancies. - A vacancy in the Commission shall be filled

in the manner in which the original appointment was made.

"(d) Pay of Members. - Members shall not be paid by reason of

their service on the Commission.

"(e) Travel Expenses. - Each member shall receive travel

expenses, including per diem in lieu of subsistence, in accordance

with sections 5702 and 5703 of title 5, United States Code.

"(f) Quorum. - A majority of the members of the Commission shall

constitute a quorum for the transaction of business.

"(g) Chairperson. - The Chairperson of the Commission shall be

elected by the members.

"(h) Meetings. - The Commission shall meet not fewer than 5 times

in connection with and pending the completion of the report

described in section 8. The Commission shall hold additional

meetings for such purpose if the Chairperson or a majority of the

members of the Commission requests the additional meetings in

writing.

"(i) Employment Status. - Members of the Commission shall not be

deemed to be employees of the Federal Government by reason of their

work on the Commission except for the purposes of -

"(1) the tort claims provisions of chapter 171 of title 28,

United States Code; and

"(2) subchapter I of chapter 81 of title 5, United States Code,

relating to compensation for work injuries.

"SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND

CONSULTANTS.

"(a) Director. - The Commission shall appoint a Director who

shall be paid at a rate not to exceed the maximum annual rate of

basic pay payable under section 5376 of title 5, United States

Code.

"(b) Staff. - The Commission may appoint and fix the pay of

additional personnel as the Commission considers appropriate.

"(c) Applicability of Certain Civil Service Laws. - The Director

and staff of the Commission may be appointed without regard to the

provisions of title 5, United States Code, governing appointments

in the competitive service, and may be paid without regard to the

provisions of chapter 51 and subchapter III of chapter 53 of that

title relating to classification and General Schedule pay rates,

except that an individual so appointed may not receive pay in

excess of the maximum annual rate of basic pay payable under

section 5376 of title 5, United States Code.

"(d) Experts and Consultants. - The Commission may procure

temporary and intermittent services under section 3109(b) of title

5, United States Code, at rates for individuals not to exceed the

maximum annual rate of basic pay payable under section 5376 of

title 5, United States Code.

"(e) Staff of Federal Agencies. - Upon request of the Commission,

the Director of the National Science Foundation or the head of any

other Federal department or agency may detail, on a reimbursable

basis, any of the personnel of that department or agency to the

Commission to assist it in carrying out its duties under this Act.

"SEC. 7. POWERS OF COMMISSION.

"(a) Hearings and Sessions. - The Commission may, for the purpose

of carrying out this Act, hold hearings, sit and act at times and

places, take testimony, and receive evidence as the Commission

considers appropriate. The Commission may administer oaths or

affirmations to witnesses appearing before it.

"(b) Powers of Members and Agents. - Any member or agent of the

Commission may, if authorized by the Commission, take any action

which the Commission is authorized to take by this section.

"(c) Obtaining Official Data. - The Commission may secure

directly from any department or agency of the United States

information necessary to enable it to carry out this Act. Upon

request of the Chairperson of the Commission, the head of that

department or agency shall furnish that information to the

Commission.

"(d) Mails. - The Commission may use the United States mails in

the same manner and under the same conditions as other departments

and agencies of the United States.

"(e) Administrative Support Services. - Upon the request of the

Commission, the Administrator of General Services shall provide to

the Commission, on a reimbursable basis, the administrative support

services necessary for the Commission to carry out its

responsibilities under this Act.

"(f) Contract Authority. - To the extent provided in advance in

appropriations Acts, the Commission may contract with and

compensate Government and private agencies or persons for the

purpose of conducting research or surveys necessary to enable the

Commission to carry out its duties under this Act.

"SEC. 8. REPORT.

"Not later than 1 year after the date on which the initial

appointments under section 5(a) are completed, the Commission shall

submit to the President, the Congress, and the highest executive

official of each State, a written report containing the findings,

conclusions, and recommendations of the Commission resulting from

the study conducted under section 4.

"SEC. 9. CONSTRUCTION; USE OF INFORMATION OBTAINED.

"(a) In General. - Nothing in this Act shall be construed to

require any non-Federal entity (such as a business, college or

university, foundation, or research organization) to provide

information to the Commission concerning such entity's personnel

policies, including salaries and benefits, promotion criteria, and

affirmative action plans.

"(b) Use of Information Obtained. - No information obtained from

any entity by the Commission may be used in connection with any

employment related litigation.

"SEC. 10. TERMINATION; ACCESS TO INFORMATION.

"(a) Termination. - The Commission shall terminate 30 days after

submitting the report required by section 8.

"(b) Access to Information. - On or before the date of the

termination of the Commission under subsection (a), the Commission

shall provide to the National Science Foundation the information

gathered by the Commission in the process of carrying out its

duties under this Act. The National Science Foundation shall act as

a central repository for such information and shall make such

information available to the public, including making such

information available through the Internet.

"SEC. 11. REVIEW OF INFORMATION PROVIDED BY THE NATIONAL SCIENCE

FOUNDATION AND OTHER AGENCIES.

"(a) Provision of Information. - At the request of the

Commission, the National Science Foundation and any other Federal

department or agency shall provide to the Commission any

information determined necessary by the Commission to carry out its

duties under this Act, including -

"(1) data on academic degrees awarded to women, minorities, and

individuals with disabilities in science, engineering, and

technology development, and workforce representation and the

retention of women, minorities, and individuals with disabilities

in the fields of science, engineering, and technology

development; and

"(2) information gathered by the National Science Foundation in

the process of compiling its biennial report on Women,

Minorities, and Persons with Disabilities in Science and

Engineering.

"(b) Review of Information. - The Commission shall review any

information provided under subsection (a) and shall include in the

report required under section 8 -

"(1) recommendations on how to correct any deficiencies in the

collection of the types of information described in that

subsection, and in the analysis of such data, which might impede

the characterization of the factors which affect the attraction

and retention of women, minorities, and individuals with

disabilities in the fields of science, engineering, and

technology development; and

"(2) an assessment of the biennial report of the National

Science Foundation on Women, Minorities, and Persons with

Disabilities in Science and Engineering, and recommendations on

how that report could be improved.

"SEC. 12. DEFINITION OF STATE.

"In this Act, the term 'State' includes the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, American Samoa, Guam,

the Virgin Islands, and any other territory or possession of the

United States.

"SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated to carry out this Act -

"(1) $400,000 for fiscal year 1999; and

"(2) $400,000 for fiscal year 2000."

TASK FORCE ON WOMEN, MINORITIES, AND THE HANDICAPPED IN SCIENCE AND

TECHNOLOGY

Pub. L. 99-383, Sec. 8, Aug. 21, 1986, 100 Stat. 815, provided

that:

"(a) It is the purpose of this section to establish a task force

on women, minorities, and the handicapped in science and technology

to -

"(1) examine the current status of women, minorities, and the

handicapped in science and engineering positions in the Federal

Government and in federally assisted research programs;

"(2) coordinate existing Federal programs designed to promote

the employment of women, minorities, and the handicapped in such

positions;

"(3) suggest cooperative interagency programs for promoting

such employment;

"(4) identify exemplary State, local, or private sector

programs designed to promote such employment; and

"(5) develop a long-range plan to advance opportunities for

women, minorities, and the handicapped in Federal scientific and

technical positions in federally assisted research, and to

coordinate the activities of participating agencies with the

Committee on Equal Opportunities in Science and Engineering

established by section 36 of the National Science Foundation

Authorization and Science and Technology Equal Opportunities Act

[now the National Science Foundation Authorization and Science

and Engineering Equal Opportunities Act] (42 U.S.C. 1885c), after

the termination of the task force established by this section.

"(b) For purposes of this section, the term 'participating

agency' means -

"(1) the National Science Foundation;

"(2) the Department of Health and Human Services;

"(3) the National Aeronautics and Space Administration;

"(4) the Environmental Protection Agency;

"(5) the Department of Agriculture;

"(6) the Department of Defense;

"(7) the Department of Education;

"(8) the Department of Energy;

"(9) the Department of Commerce; and

"(10) the Department of the Interior.

"(c)(1) The task force on women, minorities, and the handicapped

in science and technology shall be composed of individuals

appointed by participating agencies pursuant to this subsection.

"(2) The head of each participating agency shall appoint two

individuals to serve as members of the task force. If an appointed

member is unable to serve for the duration of the task force, the

head of the participating agency who appointed that member shall

appoint another individual to fill the vacancy.

"(3) Task force members may be appointed from private business,

academia, professional associations, or nonprofit foundations.

"(d) The task force shall prepare and submit a report on its

findings and recommendations to the President, the Congress, and

the head of each participating agency not later than December 31,

1989.

"(e) The Office of Science and Technology Policy shall call the

first meeting of the task force not later than 90 days after the

date of enactment of this Act [Aug. 21, 1986], shall ensure that

each participating agency has appointed two members, and shall

assist the task force to meet its objectives.

"(f)(1) Members of the task force not otherwise employed by the

Federal Government shall be reimbursed for travel, subsistence, and

other necessary expenses incurred by them in carrying out the

duties of the task force.

"(2) The Director of the National Science Foundation shall make

provision for administrative support of the task force, and may

enter into agreements with the heads of other participating

agencies to facilitate the work of the task force.

"(g) The task force shall terminate on January 31, 1990."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862n, 1862n-1, 1862n-2,

1862n-8 of this title.

-End-

-CITE-

42 USC Sec. 1885b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1885b. Participation in science and engineering of minorities

and persons with disabilities

-STATUTE-

(a) The Foundation is authorized (1) to undertake or support a

comprehensive science and engineering education program to increase

the participation of minorities in science and engineering, and (2)

to support activities to initiate research at minority

institutions.

(b) The Foundation is authorized to undertake or support programs

and activities to encourage the participation of persons with

disabilities in the science and engineering professions.

-SOURCE-

(Pub. L. 96-516, Sec. 34, Dec. 12, 1980, 94 Stat. 3012; Pub. L.

99-159, title I, Sec. 111(b)(7), Nov. 22, 1985, 99 Stat. 892; Pub.

L. 105-207, title II, Sec. 202(d)(1), July 29, 1998, 112 Stat.

874.)

-COD-

CODIFICATION

Section was enacted as part of the Science and Engineering Equal

Opportunities Act, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-207, Sec. 202(d)(1)(A), substituted section

catchline for former section catchline.

Subsec. (b). Pub. L. 105-207, Sec. 202(d)(1)(B), added subsec.

(b) and struck out former subsec. (b), which read as follows: "By

September 30, 1981, the Director, with the advice and assistance of

the Committee on Equal Opportunities in Science and Technology

established in section 1885c of this title, shall prepare and

transmit to the Committee on Labor and Human Resources of the

Senate and the Committee on Science and Technology of the House of

Representatives a report proposing a comprehensive and continuing

program at the Foundation to promote the full participation of

minorities in science and engineering. Such report shall contain

budgetary and legislative recommendations for the carrying out of

such program by the Foundation."

1985 - Subsec. (a). Pub. L. 99-159, Sec. 111(b)(7), substituted

"science and engineering education" for "science education" and

"engineering" for "technology".

Subsec. (b). Pub. L. 99-159, Sec. 111(b)(7)(B), substituted

"engineering" for "technology".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862n, 1862n-1, 1862n-2,

1862n-8 of this title.

-End-

-CITE-

42 USC Sec. 1885c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1885c. Committee on Equal Opportunities in Science and

Engineering

-STATUTE-

(a) Establishment; purposes

There is established within the Foundation a Committee on Equal

Opportunities in Science and Engineering (hereinafter referred to

as the "Committee"). The Committee shall provide advice to the

Foundation concerning (1) the implementation of the provisions of

sections 1885 to 1885d of this title and (2) other policies and

activities of the Foundation to encourage full participation of

women, minorities, and persons with disabilities in scientific,

engineering, and professional fields.

(b) Membership; Chairperson; term of members

Each member of the Committee shall be appointed by the Director.

In addition, the Chairman of the National Science Board may

designate a member of the Board as a member of the Committee.

Members of the Committee shall be appointed to serve for a

three-year term, and may be reappointed to serve one additional

term of three years.

(c) Responsibilities of Committee

The Committee shall be responsible for reviewing and evaluating

all Foundation matters relating to opportunities for the

participation in, and the advancement of, women, minorities, and

persons with disabilities in education, training, and science and

engineering research programs.

(d) Standing or ad hoc subcommittees

The Committee may organize such standing or ad hoc subcommittees

as the Committee finds appropriate.

(e) Biennial report

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.

-SOURCE-

(Pub. L. 96-516, Sec. 36, Dec. 12, 1980, 94 Stat. 3012; Pub. L.

99-159, title I, Sec. 111(b)(8), Nov. 22, 1985, 99 Stat. 893; Pub.

L. 100-570, title I, Sec. 105(c), Oct. 31, 1988, 102 Stat. 2868;

Pub. L. 105-207, title II, Sec. 202(d)(2), July 29, 1998, 112 Stat.

874.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1885 to 1885d of this title, referred to in subsec. (a),

was in the original "this Act", meaning sections 31 et seq. of Pub.

L. 96-516, as amended, known as the Science and Engineering Equal

Opportunities Act, which enacted sections 1885 to 1885d of this

title and provisions set out as notes under sections 1861 and 1885

of this title. For complete classification of this Act to the Code,

see Short Title of 1980 Amendment note set out under section 1861

of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Science and Engineering Equal

Opportunities Act, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-207, Sec. 202(d)(2)(A),

substituted "minorities, and persons with disabilities in

scientific" for "minorities, and other groups currently

underrepresented in scientific".

Subsec. (b). Pub. L. 105-207, Sec. 202(d)(2)(B), struck out "with

the concurrence of the National Science Board" after "the Director"

and substituted "In addition, the Chairman of the National Science

Board may designate a member of the Board as a member of the

Committee." for "The Chairperson of the National Science Board

Committee on Minorities and Women shall be an ex officio member of

the Committee."

Subsec. (c). Pub. L. 105-207, Sec. 202(d)(2)(C), (D), added

subsec. (c) and struck out former subsec. (c) which read as

follows: "There shall be a subcommittee of the Committee which

shall be known as the Subcommittee on Women in Science and

Engineering. The Subcommittee on Women in Science and Engineering

shall have responsibility for all Committee matters relating to (1)

the participation in and opportunities for the education, training,

and research of women in science and engineering and (2) the impact

of science and engineering on women. The Subcommittee shall be

composed of all the women members of the Committee and such other

members of the Committee as the Committee may designate."

Subsec. (d). Pub. L. 105-207, Sec. 202(d)(2)(F), struck out

"additional" after "organize such".

Pub. L. 105-207, Sec. 202(d)(2)(C), (E), redesignated subsec. (e)

as (d) and struck out former subsec. (d) which read as follows:

"There shall be a subcommittee of the Committee which shall be

known as the Subcommittee on Minorities in Science and Engineering.

The Subcommittee on Minorities in Science and Engineering shall

have responsibility for all Committee matters relating to (1) the

participation in and opportunities for education, training, and

research for minorities in science and engineering and (2) the

impact of science and engineering on minorities. The Subcommittee

shall be composed of all minority members of the Committee and such

other members of the Committee as the Committee may designate."

Subsecs. (e), (f). Pub. L. 105-207, Sec. 202(d)(2)(E),

redesignated subsec. (f) as (e). Former subsec. (e) redesignated

(d).

1988 - Subsec. (f). Pub. L. 100-570 amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows: "Each

year the Committee shall prepare and transmit to the Director a

report concerning its activities during the previous year and its

proposed activities for the next year. The Director shall transmit

to Congress the report, unaltered, along with comments."

1985 - Pub. L. 99-159, Sec. 111(b)(8)(A), substituted

"Engineering" for "Technology" in section catchline.

Subsec. (a). Pub. L. 99-159 substituted "Engineering" for

"Technology" and "scientific, engineering, and professional" for

"scientific engineering, professional, and technical".

Subsecs. (c), (d). Pub. L. 99-159, Sec. 111(b)(8)(A), substituted

"Engineering" for "Technology" and "engineering" for "technology"

wherever appearing.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973 to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

REPORT BY COMMITTEE ON EQUAL OPPORTUNITIES IN SCIENCE AND

ENGINEERING

Pub. L. 107-368, Sec. 20, Dec. 19, 2002, 116 Stat. 3063, provided

that: "As part of the first report required by section 36(e) of the

Science and Engineering Equal Opportunities Act (42 U.S.C.

1885c(e)) transmitted to Congress after the date of enactment of

this Act [Dec. 19, 2002], the Committee on Equal Opportunities in

Science and Engineering shall include -

"(1) a summary of its findings over the previous 10 years;

"(2) a description of past and present policies and activities

of the Foundation to encourage full participation of women,

minorities, and persons with disabilities in science,

mathematics, and engineering fields, including activities in

support of minority-serving institutions; and

"(3) an assessment of the trends in participation in Foundation

activities, and an assessment of the success of Foundation

policies and activities, along with proposals for new strategies

or the broadening of existing successful strategies toward

facilitating the goals of that Act [42 U.S.C. 1885 et seq.]."

[For definitions of terms used in section 20 of Pub. L. 107-368,

set out above, see section 4 of Pub. L. 107-368, set out as a note

under section 1862n of this title.]

-End-

-CITE-

42 USC Sec. 1885d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1885d. Biennial reports

-STATUTE-

(a) By January 30, 1982, and biennially thereafter, the Director

shall simultaneously transmit a report to the Congress, the

Attorney General, the Director of the Office of Science and

Technology Policy, the Chairman of the Equal Employment Opportunity

Commission, the Director of the Office of Personnel Management, the

Secretary of Labor, the Secretary of Education, and the Secretary

of Health and Human Services.

(b) The report required by subsection (a) of this section shall

contain -

(1) an accounting and comparison, by sex, race, and ethnic

group and by discipline, of the participation of women and men in

scientific and engineering positions, including -

(A) the number of individuals in permanent and temporary and

in full-time and part-time scientific and engineering positions

by appropriate level or similar category;

(B) the average salary of individuals in such scientific and

engineering positions;

(C) the number and type of promotional opportunities realized

by individuals in such scientific and engineering positions;

(D) the number of individuals serving as principal

investigators in federally conducted or federally supported

research and development; and

(E) the unemployment rate of individuals seeking scientific

and engineering positions;

(2) an assessment, including quantitative and other data, of

the proportion of women and minorities studying scientific and

engineering fields, including mathematics and computer skills, at

all educational levels; and

(3) such other data, analyses, and evaluations as the Director,

acting on the advice of the Committee on Equal Opportunities in

Science and Engineering, determines appropriate to carry out the

Foundation's functions as well as the policies and programs of

sections 1885 to 1885d of this title.

-SOURCE-

(Pub. L. 96-516, Sec. 37, Dec. 12, 1980, 94 Stat. 3013; Pub. L.

99-159, title I, Sec. 111(b)(9), Nov. 22, 1985, 99 Stat. 893.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1885 to 1885d of this title, referred to in subsec.

(b)(3), was in the original "this Act", meaning sections 31 et seq.

of Pub. L. 96-516, as amended, known as the Science and Engineering

Equal Opportunities Act, which enacted sections 1885 to 1885d of

this title and provisions set out as notes under sections 1861 and

1885 of this title. For complete classification of this Act to the

Code, see Short Title of 1980 Amendment note set out under section

1861 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Science and Engineering Equal

Opportunities Act, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

AMENDMENTS

1985 - Subsec. (b)(1), (2). Pub. L. 99-159, Sec. 111(b)(9)(A),

substituted "engineering" for "technical" wherever appearing.

Subsec. (b)(3). Pub. L. 99-159, Sec. 111(b)(9)(B), substituted

"Engineering" for "Technology".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1885c of this title.

-End-

-CITE-

42 USC Sec. 1886 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1886. Data collection and analysis

-STATUTE-

The National Science Foundation is authorized to design,

establish, and maintain a data collection and analysis capability

in the Foundation for the purpose of identifying and assessing the

research facilities needs of universities. The needs of

universities, by major field of science and engineering, for

construction and modernization of research laboratories, including

fixed equipment and major research equipment, shall be documented.

University expenditures for the construction and modernization of

research facilities, the sources of funds, and other appropriate

data shall be collected and analyzed. The Foundation, in

conjunction with other appropriate Federal agencies, shall conduct

the necessary surveys every 2 years and report the results to the

Congress. The first report shall be submitted to the Congress by

September 1, 1986.

-SOURCE-

(Pub. L. 99-159, title I, Sec. 108, Nov. 22, 1985, 99 Stat. 888.)

-COD-

CODIFICATION

Section was enacted as part of the National Science Foundation

Authorization Act for Fiscal Year 1986, and not as part of the

National Science Foundation Act of 1950 which comprises this

chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 287a-2 of this title.

-End-

-CITE-

42 USC Sec. 1887 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

-HEAD-

Sec. 1887. Indemnification of grantees, contractors, and

subcontractors under ocean drilling program; approvals and

certifications by Director

-STATUTE-

The Foundation is on and after November 25, 1985, authorized to

indemnify grantees, contractors, and subcontractors associated with

the ocean drilling program under the provisions of section 2354 of

title 10, with all approvals and certifications required thereby

made by the Director of the National Science Foundation.

-SOURCE-

(Pub. L. 99-160, title II, Sec. 201, Nov. 25, 1985, 99 Stat. 922.)

-COD-

CODIFICATION

Section was enacted as part of the appropriation act cited as the

credit to this section, and not as part of the National Science

Foundation Act of 1950 which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in the

following prior appropriation act: Pub. L. 98-371, title II, Sec.

201, July 18, 1984, 98 Stat. 1228.

-End-