-CITE-

20 USC CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND

EXCELLENCE IN EDUCATION PROGRAM 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

.

-HEAD-

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-MISC1-

Sec.

4701. Findings.

4702. Definitions.

4703. Establishment of Barry Goldwater Scholarship and Excellence

in Education Foundation.

(a) Establishment.

(b) Board of Trustees.

(c) Term of office.

(d) Travel and subsistence pay.

4704. Barry Goldwater scholarship and excellence in education

awards.

(a) Award of scholarships and fellowships.

(b) Barry Goldwater Scholars.

(c) Award of honoraria to volunteers.

4705. Stipends.

4706. Scholarship conditions.

(a) In general.

(b) Reports.

4707. Barry Goldwater Scholarship and Excellence in Education Fund.

(a) Establishment of fund.

(b) Investment of fund assets.

(c) Authority to sell obligations.

(d) Proceeds from certain transactions credited to

fund.

4708. Expenditures from fund.

(a) In general.

(b) Audits by GAO.

4709. Executive Secretary.

(a) Appointment by Board.

(b) Compensation.

4710. Administrative provisions.

(a) In general.

(b) Annual report.

4711. Authorization of appropriations.

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20 USC Sec. 4701 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-HEAD-

Sec. 4701. Findings

-STATUTE-

The Congress makes the following findings:

(1) Senator Barry Goldwater of the State of Arizona has served

his country for 56 years as a soldier and statesman, including

service in the United States Senate for a period of 30 years.

(2) Senator Goldwater has a distinguished record as a Senator,

including service as Chairman of the Select Committee on

Intelligence of the Senate and as Chairman of the Committee on

Armed Services of the Senate.

(3) Senator Goldwater has long maintained a special interest in

the education of America's youth, particularly in the fields of

science and mathematics.

(4) It would, therefore, be a fitting tribute to the

leadership, courage, and vision of Senator Goldwater to establish

in his name a scholarship program to foster and encourage

excellence in science and mathematics.

-SOURCE-

(Pub. L. 99-661, div. A, title XIV, Sec. 1402, Nov. 14, 1986, 100

Stat. 4008.)

-MISC1-

SHORT TITLE

Section 1401 of title XIV of div. A of Pub. L. 99-661 provided

that: ''This title (enacting this chapter) may be cited as the

'Barry Goldwater Scholarship and Excellence in Education Act'.''

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20 USC Sec. 4702 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-HEAD-

Sec. 4702. Definitions

-STATUTE-

In this chapter:

(1) The term ''Foundation'' means the Barry Goldwater

Scholarship and Excellence in Education Foundation established

under section 4703(a) of this title.

(2) The term ''Board'' means the Board of Trustees of the Barry

Goldwater Scholarship and Excellence in Education Foundation

established under section 4703(b) of this title.

(3) The term ''fund'' means the Barry Goldwater Scholarship and

Excellence in Education Fund provided for under section 4707 of

this title.

(4) The term ''institution of higher education'' means any such

institution as defined in section 1001 of this title.

(5) The term ''State'' means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, and,

considered as a single entity, Guam, the Virgin Islands, American

Samoa, the Trust Territories of the Pacific Islands, and the

Commonwealth of the Northern Marianas.

(6) The term ''eligible person'' means a citizen or national of

the United States or a permanent resident alien of the United

States.

-SOURCE-

(Pub. L. 99-661, div. A, title XIV, Sec. 1403, Nov. 14, 1986, 100

Stat. 4008; Pub. L. 105-244, title I, Sec. 102(a)(6)(H), Oct. 7,

1998, 112 Stat. 1618.)

-MISC1-

AMENDMENTS

1998 - Par. (4). Pub. L. 105-244 substituted ''section 1001'' for

''section 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 this title.

-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.

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20 USC Sec. 4703 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-HEAD-

Sec. 4703. Establishment of Barry Goldwater Scholarship and

Excellence in Education Foundation

-STATUTE-

(a) Establishment

There is established, as an independent establishment of the

executive branch of the United States Government, the Barry

Goldwater Scholarship and Excellence in Education Foundation.

(b) Board of Trustees

The Foundation shall be subject to the supervision and direction

of the Board of Trustees. The Board shall be composed of 13

members, as follows:

(1) Two members from the Senate, one appointed by the majority

leader and one appointed by the minority leader of the Senate.

(2) Two members from the House of Representatives, one

appointed by the majority leader and one appointed by the

minority leader of the House of Representatives.

(3) Eight members, not more than four of whom shall be of the

same political party, to be appointed by the President, by and

with the advice and consent of the Senate.

(4) The Secretary of Education, or his designee, who shall

serve ex officio as a member of the Board but shall not be

eligible to serve as Chairman.

(c) Term of office

(1) The term of office of each member of the Board shall be six

years, except that -

(A) the members first taking office shall serve as designated

by the President, four for terms of two years, five for terms of

four years, and four for terms of six years;

(B) a member appointed to fill a vacancy shall serve for the

remainder of the term for which his predecessor was appointed and

shall be appointed in the same manner as the original appointment

for that vacancy was made; and

(C) notwithstanding the term limitation provided for under this

paragraph, a member appointed under subsection (b) of this

section may continue to serve under such appointment until the

successor to the member is appointed.

(2) A Member of Congress appointed to the Board under clause (1)

or (2) of subsection (b) of this section may not serve as a member

of the Board for more than a total of six years.

(d) Travel and subsistence pay

Members of the Board shall serve without pay, but shall be

entitled to reimbursement for travel, subsistence, and other

necessary expenses incurred in the performance of their duties.

-SOURCE-

(Pub. L. 99-661, div. A, title XIV, Sec. 1404, Nov. 14, 1986, 100

Stat. 4008; Pub. L. 100-26, Sec. 3(10), Apr. 21, 1987, 101 Stat.

274; Pub. L. 102-190, div. A, title X, Sec. 1089(1), Dec. 5, 1991,

105 Stat. 1485; Pub. L. 103-160, div. A, title XI, Sec. 1179(a),

Nov. 30, 1993, 107 Stat. 1770.)

-MISC1-

AMENDMENTS

1993 - Subsec. (c)(1)(C). Pub. L. 103-160 added subpar. (C).

1991 - Subsec. (b)(3). Pub. L. 102-190 struck out before period

at end '', at least one of whom shall be a representative of the

aerospace industry and at least one of whom shall be a

representative of a private foundation concerned with aerospace

education''.

1987 - Subsec. (c)(2). Pub. L. 100-26 substituted ''clause (1) or

(2)'' for ''clause (2) or (3)''.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-26 applicable as if included in Pub. L.

99-661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L.

100-26, set out as a note under section 776 of Title 10, Armed

Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4702 of this title.

-CITE-

20 USC Sec. 4704 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-HEAD-

Sec. 4704. Barry Goldwater scholarship and excellence in education

awards

-STATUTE-

(a) Award of scholarships and fellowships

(1) The Foundation may award scholarships and fellowships to

eligible persons for study in the fields of science and

mathematics. Such scholarships and fellowships shall be awarded to

persons as provided in this chapter who meet the minimum criteria

established by the Foundation.

(2) Scholarships shall be awarded to outstanding undergraduate

students who intend to pursue careers in mathematics and the

natural sciences.

(3) Fellowships shall be awarded to outstanding graduate students

who intend to pursue advanced degrees in mathematics and the

natural sciences.

(4) The Foundation may provide, directly or by contract, for the

conduct of nationwide competition for the purpose of selecting

recipients of scholarships and fellowships awarded under this

chapter.

(b) Barry Goldwater Scholars

Recipients of scholarships and fellowships under this chapter

shall be known as ''Barry Goldwater Scholars''.

(c) Award of honoraria to volunteers

(1) The Foundation may award honoraria to outstanding educators,

teachers, and persons who have volunteered to assist in secondary

schools who have made significant contributions to improve the

quality of instruction in mathematics and sciences in the secondary

school. To the extent the Board determines such action

practicable, honoraria awarded under this subsection shall be

awarded annually to persons described in the preceding sentence as

follows:

(A) To two persons selected at large from each State.

(B) To one person selected from each county in each State.

(C) To persons affiliated with secondary schools on military

reservations.

(D) To persons affiliated with the dependent overseas school

system.

(2) The Board shall establish a schedule of honoraria to be

awarded under paragraph (1).

-SOURCE-

(Pub. L. 99-661, div. A, title XIV, Sec. 1405, Nov. 14, 1986, 100

Stat. 4009.)

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20 USC Sec. 4705 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-HEAD-

Sec. 4705. Stipends

-STATUTE-

Each person awarded a scholarship or fellowship under this

chapter shall receive a stipend which shall not exceed the cost to

such person for tuition, fees, books, room and board, or such

lesser amount as may be prescribed by the Board.

-SOURCE-

(Pub. L. 99-661, div. A, title XIV, Sec. 1406, Nov. 14, 1986, 100

Stat. 4010.)

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20 USC Sec. 4706 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-HEAD-

Sec. 4706. Scholarship conditions

-STATUTE-

(a) In general

A person awarded a scholarship under this chapter may receive

payments authorized under this chapter only during such periods as

the Foundation finds that the person is maintaining satisfactory

proficiency and devoting full time to study or research and is not

engaging in gainful employment other than employment approved by

the Foundation pursuant to regulations of the Board.

(b) Reports

The Foundation may require reports containing such information in

such form and to be filed at such times as the Foundation

determines to be necessary from any person awarded a scholarship

under this chapter. Such reports shall be accompanied by a

certificate from an appropriate official at the institution of

higher education, approved by the Foundation, stating that such

person is making satisfactory progress in, and is devoting

essentially full time to study or research, except as otherwise

provided in subsection (a) of this section.

-SOURCE-

(Pub. L. 99-661, div. A, title XIV, Sec. 1407, Nov. 14, 1986, 100

Stat. 4010.)

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20 USC Sec. 4707 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-HEAD-

Sec. 4707. Barry Goldwater Scholarship and Excellence in Education

Fund

-STATUTE-

(a) Establishment of fund

There is established in the Treasury of the United States a trust

fund to be known as the Barry Goldwater Scholarship and Excellence

in Education Fund. The fund shall consist of amounts appropriated

to it pursuant to section 4711 of this title and amounts credited

to it under subsection (d) of this section.

(b) Investment of fund assets

It shall be the duty of the Secretary of the Treasury to invest

in full the amounts appropriated to the fund. Such investments may

be made only in public debt securities of the United States with

maturities suitable to the fund. For such purpose, such

obligations may be acquired (1) on original issue at the issue

price, or (2) by purchase of outstanding obligations at the market

place. The purposes for which obligations of the United States may

be issued under chapter 31 of title 31 are hereby extended to

authorize the issuance at par of special obligations exclusively to

the fund. Such special obligations shall bear interest at a rate

equal to the average rate of interest, computed as to the end of

the calendar month next preceding the date of such issue, borne by

all marketable interest-bearing obligations of the United States

then forming a part of the public debt, except that where such

average rate is not a multiple of 1/8 of 1 percent, the rate of

interest of such special obligations shall be the multiple of 1/8

of 1 percent next lower than such average rate. Such special

obligations shall be issued only if the Secretary determines that

the purchases of other interest-bearing obligations of the United

States, or of obligations guaranteed as to both principal and

interest by the United States or original issue or at the market

price, is not in the public interest.

(c) Authority to sell obligations

Any obligation acquired by the fund may be sold by the Secretary

at the market price.

(d) Proceeds from certain transactions credited to fund

The interest on, and the proceeds from the sale or redemption of,

any obligations held in the fund shall be credited to and form a

part of the fund.

-SOURCE-

(Pub. L. 99-661, div. A, title XIV, Sec. 1408, Nov. 14, 1986, 100

Stat. 4010; Pub. L. 102-190, div. A, title X, Sec. 1089(2), Dec.

5, 1991, 105 Stat. 1485; Pub. L. 102-484, div. A, title X, Sec.

1054(h), Oct. 23, 1992, 106 Stat. 2503.)

-COD-

CODIFICATION

In subsec. (b), ''chapter 31 of title 31'' substituted for ''the

Second Liberty Bond Act'' 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.

-MISC3-

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-484 struck out ''(except special

obligations issued exclusively to the fund)'' after ''by the

fund''.

1991 - Subsec. (b). Pub. L. 102-190, Sec. 1089(2)(A), substituted

''public debt securities of the United States with maturities

suitable to the fund.'' for ''interest-bearing obligations of the

United States or in obligations guaranteed as to both principal and

interest by the United States.''

Subsec. (c). Pub. L. 102-190, Sec. 1089(2)(B)(ii), struck out '',

and such special obligations may be redeemed at par plus accrued

interest'' after ''market price''.

Pub. L. 102-190, Sec. 1089(2)(B)(i), which directed striking out

of ''(exceptional special obligations issued exclusively to the

fund)'', could not be executed because those words did not appear.

See 1992 Amendment note above.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4702 of this title.

-CITE-

20 USC Sec. 4708 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-HEAD-

Sec. 4708. Expenditures from fund

-STATUTE-

(a) In general

The Secretary of the Treasury may pay to the Foundation from the

interest and earnings of the fund such sums as the Board determines

are necessary and appropriate to enable the Foundation to carry out

the purposes of this chapter.

(b) Audits by GAO

The activities of the Foundation under this chapter may be

audited by the General Accounting Office under such rules and

regulations as may be prescribed by the Comptroller General of the

United States. Representatives of the General Accounting Office

shall have access to all books, accounts, records, reports, and

files and all other papers, things, or property belonging to or in

use by the Foundation pertaining to such activities and necessary

to facilitate the audit.

-SOURCE-

(Pub. L. 99-661, div. A, title XIV, Sec. 1409, Nov. 14, 1986, 100

Stat. 4011.)

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20 USC Sec. 4709 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-HEAD-

Sec. 4709. Executive Secretary

-STATUTE-

(a) Appointment by Board

There shall be an Executive Secretary of the Foundation who shall

be appointed by the Board. The Executive Secretary shall be the

chief executive officer of the Foundation and shall carry out the

functions of the Foundation subject to the supervision and

direction of the Board. The Executive Secretary shall carry out

such other functions consistent with the provisions of this chapter

as the Board shall prescribe.

(b) Compensation

The Executive Secretary of the Foundation shall serve as a

noncareer appointee of the Senior Executive Service and shall be

compensated at a rate determined by the Board in accordance with

section 5383 of title 5.

-SOURCE-

(Pub. L. 99-661, div. A, title XIV, Sec. 1410, Nov. 14, 1986, 100

Stat. 4011; Pub. L. 102-190, div. A, title X, Sec. 1089(3), Dec.

5, 1991, 105 Stat. 1485.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-190 substituted ''serve as a

noncareer appointee of the Senior Executive Service and shall be

compensated at a rate determined by the Board in accordance with

section 5383'' for ''be compensated at the rate specified for

employees in grade GS-18 of the General Schedule under section

5332''.

-CITE-

20 USC Sec. 4710 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-HEAD-

Sec. 4710. Administrative provisions

-STATUTE-

(a) In general

In order to carry out this chapter, the Foundation may -

(1) appoint and fix the compensation of such personnel as may

be necessary to carry out the provisions of this chapter, except

that in no case may an employee other than the Executive

Secretary be compensated at a rate to exceed the maximum rate

provided for employees in grade GS-15 of the General Schedule

under section 5332 of title 5;

(2) procure temporary and intermittent services of experts and

consultants as are necessary to the extent authorized by section

3109 of title 5, but at rates not to exceed the rate specified at

the time of such service for grade GS-18 under section 5332 of

such title;

(3) prescribe such regulations as it considers necessary

governing the manner in which its functions shall be carried out;

(4) receive money and other property donated, bequeathed, or

devised, without condition or restriction other than it be used

for the purposes of the Foundation, and to use, sell, or

otherwise dispose of such property for the purpose of carrying

out its functions;

(5) accept and use the services of voluntary and noncompensated

personnel and for travel expenses, including per diem, as

authorized by section 5703 of title 5;

(6) enter into contracts or other arrangements, or make grants,

to carry out the provisions of this chapter, and enter into such

contracts or other arrangements, or make such grants, with the

concurrence of two-thirds of the members of the Board, without

performance or other bonds and without regard to section 5 of

title 41;

(7) rent office space in the Washington, District of Columbia,

metropolitan area; and

(8) make other necessary expenditures.

(b) Annual report

The Foundation shall submit to the President and to Congress an

annual report of its operations under this chapter.

-SOURCE-

(Pub. L. 99-661, div. A, title XIV, Sec. 1411, Nov. 14, 1986, 100

Stat. 4011; Pub. L. 103-160, div. A, title XI, Sec. 1179(b), Nov.

30, 1993, 107 Stat. 1770.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(7). Pub. L. 103-160 substituted ''the

Washington, District of Columbia, metropolitan area'' for ''the

District of Columbia''.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

20 USC Sec. 4711 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 59 - BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION PROGRAM

-HEAD-

Sec. 4711. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated to the fund

$40,000,000 to carry out this chapter.

-SOURCE-

(Pub. L. 99-661, div. A, title XIV, Sec. 1412, Nov. 14, 1986, 100

Stat. 4012.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4707 of this title.

-CITE-