NSF Act of 1950

Page 4209

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Section 1857h–3, act July 14, 1955, ch. 360, title III,
§ 305, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84
Stat. 1707, which related to legal representation of the
Administrator and appearance by the Attorney General, was transferred to section 7605 of this title.
Section 1857h–4, act July 14, 1955, ch. 360, title III,
§ 306, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84
Stat. 1707, which related to Federal procurement, was
transferred to section 7606 of this title.
Section 1857h–5, act July 14, 1955, ch. 360, title III,
§ 307, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84
Stat. 1707; amended Nov. 18, 1971, Pub. L. 92–157, title
III, § 302(a), 85 Stat. 464; June 22, 1974, Pub. L. 93–319,
§ 6(c), 88 Stat. 259, which related to administrative proceedings and judicial review, was transferred to section
7607 of this title.
Section 1857h–6, act July 4, 1955, ch. 360, title III, § 308,
as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat.
1708, which related to mandatory licensing, was transferred to section 7608 of this title.
Section 1857h–7, act July 14, 1955, ch. 360, title III,
§ 309, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84
Stat. 1709, which related to policy review, was transferred to section 7609 of this title.
Section 1857i, act July 14, 1955, ch. 360, title III, § 310,
formerly § 10, as added Dec. 17, 1963, Pub. L. 88–206, § 1,
77 Stat. 401; renumbered title III, § 303, Oct. 20, 1965,
Pub. L. 89–272, title I, § 101(4), 79 Stat. 992; amended Nov.
21, 1967, Pub. L. 90–148, § 2, 81 Stat. 505; renumbered § 310
and amended Dec. 31, 1970, Pub. L. 91–604, §§ 12(a),
15(c)(2), 84 Stat. 1705, 1713, which related to application
to other laws and nonduplication of appropriations, was
transferred to section 7610 of this title.
Section 1857j, act July 14, 1955, ch. 360, title III, § 311,
formerly § 11, as added Dec. 17, 1963, Pub. L. 88–206, § 1,
77 Stat. 401; renumbered title III, § 304, Oct. 20, 1965,
Pub. L. 89–272, title I, § 101(4), 79 Stat. 992; amended Nov.
21, 1967, Pub. L. 90–148, § 2, 81 Stat. 505; renumbered § 311
and amended Dec. 31, 1970, Pub. L. 91–604, §§ 12(a),
15(c)(2), 84 Stat. 1705, 1713, which related to records and
audits, was transferred to section 7611 of this title.
Section 1857j–1, act July 14, 1955, ch. 360, title III,
§ 312, formerly § 305, as added Nov. 21, 1967, Pub. L.
90–148, § 2, 81 Stat. 505; renumbered § 312 and amended
Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 15(c)(2), 84 Stat.
1705, 1713, which related to cost studies, was transferred
to section 7612 of this title.
Section 1857j–2, act July 14, 1955, ch. 360, title III,
§ 313, formerly § 306, as added Nov. 21, 1967, Pub. L.
90–148, § 2, 81 Stat. 506; renumbered § 313 and amended
Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 15(c)(2), 84 Stat.
1705, 1713, which related to additional reports to Congress, was transferred to section 7613 of this title.
Section 1857j–3, act July 14, 1955, ch. 360, title III,
§ 314, formerly § 307, as added Nov. 21, 1967, Pub. L.
90–148, § 2, 81 Stat. 506; renumbered § 314 and amended
Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 15(c)(2), 84 Stat.
1705, 1713, which related to labor standards, was transferred to section 7614 of this title.
Section 1857k, act July 14, 1955, ch. 360, title III, § 315,
formerly § 12, as added Dec. 17, 1963, Pub. L. 88–206, § 1,
77 Stat. 401; renumbered title III, § 305, Oct. 20, 1965,
Pub. L. 89–272, title I, § 101(4), 79 Stat. 992; renumbered
§ 308 and amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81
Stat. 506; renumbered § 315, Dec. 31, 1970, Pub. L. 91–604,
§ 12(a), 84 Stat. 1705, which related to separability of
provisions, was transferred to section 7615 of this title.

§ 1857l. Repealed. Pub. L. 95–95, title III, § 306,
Aug. 7, 1977, 91 Stat. 777
Section, act July 14, 1955, ch. 360, title III, § 316, formerly § 13, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77
Stat. 401; renumbered title III, § 306, and amended Oct.
20, 1965, Pub. L. 89–272, title I, § 101(4), (6), (7), 79 Stat.
992; Oct. 15, 1966, Pub. L. 89–675, § 2(a), 80 Stat. 954; renumbered § 309 and amended Nov. 21, 1967, Pub. L.
90–148, § 2, 81 Stat. 506; renumbered § 316 and amended
Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 13(b), 84 Stat. 1705,
1709; Apr. 9, 1973, Pub. L. 93–15, § 1(c), 87 Stat. 11; June

§§ 1858, 1858a

22, 1974, Pub. L. 93–319, § 13(c), 88 Stat. 265, authorized
appropriations for air pollution control. See section
7626 of this title.

SUBCHAPTER IV—NOISE POLLUTION
§§ 1858, 1858a. Transferred
CODIFICATION
Section 1858, act July 14, 1955, ch. 360, title IV, § 402,
as added Dec. 31, 1970, Pub. L. 91–604, § 14, 84 Stat. 1709,
which established Office of Noise Abatement and Control and authorized investigation of noise and its effects on public health and welfare and a report to Congress on results of this investigation, was transferred
to section 7641 of this title.
Section 1858a, act July 14, 1955, ch. 360, title IV, § 403,
as added Dec. 31, 1970, Pub. L. 91–604, § 14, 84 Stat. 1710,
which authorized appropriations concerning noise pollution, was transferred to section 7642 of this title.

CHAPTER 16—NATIONAL SCIENCE
FOUNDATION
Sec.

1861.
1862.
1862a.
1862b.
1862c.
1862d.
1862e.
1862f.
1862g.
1862h.
1862i.
1862j.
1862k.
1862l.
1862m.
1862n.
1862n–1.
1862n–1a.
1862n–2.
1862n–3.
1862n–4.
1862n–5.
1862n–6.
1862n–7.
1862n–8.
1862n–9.
1862n–10.
1862o.
1862o–1.
1862o–2.
1862o–3.
1862o–4.
1862o–5.
1862o–6.
1862o–7.
1862o–8.
1862o–9.
1862o–10.
1862o–11.
1862o–12.

Establishment; composition.
Functions.
Findings and purpose.
Establishment of Program.
Procedures, guidelines, and planning activities.
Set-aside for certain institutions.
Evaluations of research centers.
Research center consortia.
Experimental Program to Stimulate Competitive Research.
Congressional statement of findings and declaration of purposes respecting scientific
and technical education and training.
Scientific and technical education.
Authorization of appropriations.
Findings; core strategies.
National research facilities.
Financial disclosure.
Mathematics and science education partnerships.
Robert Noyce Teacher Scholarship Program.
National Science Foundation Teaching Fellowships and Master Teaching Fellowships.
Establishment of centers for research on
mathematics and science learning and education improvement.
Duplication of programs.
Major research equipment and facilities construction plan.
Board meetings; audits; reports; scholarship
eligibility.
Undergraduate education reform.
Reports.
Evaluations.
Astronomy and Astrophysics Advisory Committee.
Minority-serving institutions undergraduate
program.
Postdoctoral research fellows.
Responsible conduct of research.
Reporting of research results.
Sharing research results.
Funding for successful science, technology,
engineering, and mathematics education
programs.
Meeting critical national science needs.
Research on innovation and inventiveness.
Cyberinfrastructure.
Pilot program of grants for new investigators.
Broader impacts merit review criterion.
Advanced information and communications
technology research.
Evaluation and report.
Hispanic-serving institutions undergraduate
program.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

1862o–13. Professional science master’s degree programs.
1862o–14. Major research instrumentation.
1862o–15. Limit on proposals.
1862p.
National Center for Science and Engineering
Statistics.
1862p–1. National Science Foundation manufacturing
research and education.
1862p–2. Partnerships for innovation.
1862p–3. Sustainable chemistry basic research.
1862p–4. Undergraduate broadening participation program.
1862p–5. Research experiences for high school students.
1862p–6. Research experiences for undergraduates.
1862p–7. STEM industry internship programs.
1862p–8. Cyber-enabled learning for national challenges.
1862p–9. Experimental Program to Stimulate Competitive Research.
1862p–10. Academic technology transfer and commercialization of university research.
1862p–11. NSF grants in support of sponsored post-doctoral fellowship programs.
1862p–12. Cloud computing research enhancement.
1862p–13. Tribal colleges and universities program.
1862p–14. Broader Impacts Review Criterion.
1862p–15. Twenty-first century graduate education.
1863.
National Science Board.
1864.
Director of Foundation.
1864a.
Deputy Director of the Foundation.
1865.
Executive Committee.
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 precollege curriculum projects.
1869c.
Low-income scholarship program.
1870.
General authority of Foundation.
1870a.
Buy-American requirements.
1871.
Disposition of inventions produced under contracts or other arrangements.
1872.
International cooperation and coordination
with foreign policy.
1872a.
Repealed.
1873.
Employment of personnel.
1873a.
Repealed.
1874.
Security provisions.
1875.
Appropriations.
1876 to 1879. Repealed.
1880.
National Medal of Science.
1881.
Award of National Medal of Science.
1881a.
Alan T. Waterman Award.
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.
1885d.
Biennial reports.
1886.
Data collection and analysis.
1886a.
Data on specific fields of study.
1887.
Indemnification of grantees, contractors, and
subcontractors under ocean drilling program; approvals and certifications by Director.

Page 4210

§ 1861. Establishment; composition
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.
(May 10, 1950, ch. 171, § 2, 64 Stat. 149.)
SHORT TITLE OF 2011 AMENDMENT
Pub. L. 111–358, § 1(a), Jan. 4, 2011, 124 Stat. 3982, provided that: ‘‘this [probably should be ‘‘This’’] Act [see
Tables for classification] may be cited as the ‘America
COMPETES Reauthorization Act of 2010’ or the ‘America Creating Opportunities to Meaningfully Promote
Excellence in Technology, Education, and Science Reauthorization Act of 2010’.’’
Pub. L. 111–358, title V, § 501, Jan. 4, 2011, 124 Stat.
4005, provided that: ‘‘This subtitle [subtitle A
(§§ 501–527) of title V of Pub. L. 111–358, enacting sections 1862p to 1862p–15 of this title, amending sections
1862n–1a, 1862n–5, 1863, and 1869 of this title, and enacting provisions set out as notes under sections 1862p and
1869 of this title] may be cited as the ‘National Science
Foundation Authorization Act of 2010’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–368, § 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, § 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, § 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, § 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, § 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, § 6401, Aug. 23, 1988, 102 Stat.
1542, which provided that subtitle E (§§ 6401–6403) of title
VI of Pub. L. 100–418, enacting sections 1862a and 1862b

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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, § 206, Oct. 31, 1988,
102 Stat. 2878.
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99–383, § 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, § 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, § 1, Dec. 12, 1980, 94 Stat. 3007, as
amended by Pub. L. 99–159, title I, § 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, § 31, Dec. 12, 1980, 94 Stat. 3010, as
amended by Pub. L. 99–159, title I, § 111(b)(1), Nov. 22,
1985, 99 Stat. 892, provided that: ‘‘This part [part B
(§§ 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’.’’

§ 1861

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, § 305(41), Aug. 14, 1964, 78 Stat.
427; Pub. L. 94–282, title V, § 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

Pub. L. 95–99, § 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’.’’

Sec. 1. [Repealed. Pub. L. 94–282, title V, § 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, § 502, May 11,
1976, 90 Stat. 472. Section as amended by Pub. L. 88–426,
title III, § 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, § 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, § 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.]

SHORT TITLE OF 1976 AMENDMENT

PART II—NATIONAL SCIENCE FOUNDATION

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 94–471, § 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’.’’
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.
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,

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 mem-

§ 1861

TITLE 42—THE PUBLIC HEALTH AND WELFARE

bers 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, § 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 re-

Page 4212

spect 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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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

§ 1861

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.

§ 1862

TITLE 42—THE PUBLIC HEALTH AND WELFARE

I recommend that the Congress allow the reorganization plan to become effective.
JOHN F. KENNEDY.
THE WHITE HOUSE, March 29, 1962.

§ 1862. Functions
(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

Page 4214

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.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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.
(May 10, 1950, ch. 171, § 3, 64 Stat. 149; Pub. L.
85–510, § 1, July 11, 1958, 72 Stat. 353; Pub. L.
86–232, § 1, Sept. 8, 1959, 73 Stat. 467; Pub. L.
90–407, § 1, July 18, 1968, 82 Stat. 360; Pub. L.
92–372, § 8, Aug. 10, 1972, 86 Stat. 528; Pub. L.
92–484, § 10(b), Oct. 13, 1972, 86 Stat. 802; Pub. L.
94–273, § 11(3), Apr. 21, 1976, 90 Stat. 378; Pub. L.
95–99, § 12(a), formerly § 14(a), Aug. 15, 1977, 91
Stat. 835, renumbered § 12(a), Pub. L. 99–159, title
I, § 109(h), Nov. 22, 1985, 99 Stat. 890; Pub. L.
99–159, title I, §§ 109(e)(2), 110(a)(1)–(11), Nov. 22,
1985, 99 Stat. 890, 891; Pub. L. 99–383, § 7(a), Aug.
21, 1986, 100 Stat. 814; Pub. L. 102–476, § 4, Oct. 23,
1992, 106 Stat. 2300; Pub. L. 102–588, title II, § 217,
Nov. 4, 1992, 106 Stat. 5117; Pub. L. 105–207, title
II, § 202(e), July 29, 1998, 112 Stat. 875; Pub. L.
107–305, § 7, Nov. 27, 2002, 116 Stat. 2375.)
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, § 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, § 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, § 110(a)(3), inserted applicability to engineering and engineers.
Subsec. (a)(4). Pub. L. 99–159, § 110(a)(4), inserted applicability to engineering.
Subsec. (a)(5). Pub. L. 99–159, § 110(a)(5), inserted applicability to fields of engineering.
Subsec. (a)(6). Pub. L. 99–159, § 110(a)(6), substituted
‘‘engineering’’ for ‘‘technical’’ in two places.

§ 1862

Subsec. (a)(7). Pub. L. 99–159, § 110(a)(7), inserted applicability to engineering.
Subsec. (b). Pub. L. 99–159, §§ 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, § 110(a)(9), inserted applicability to engineering research.
Subsec. (d). Pub. L. 99–159, § 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, § 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 coopera-

§ 1862

TITLE 42—THE PUBLIC HEALTH AND WELFARE

tion 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, § 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, § 831, Oct. 7, 1998, 112 Stat.
1820, which provided for an interdisciplinary program of
education and research on East Asian science, engineering, and technology, was repealed by Pub. L.
110–315, title IX, § 931(3), Aug. 14, 2008, 122 Stat. 3456.
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, § 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, § 8, Aug. 2, 1979, 93 Stat. 334, directed
National Science Foundation to conduct a Flood Haz-

Page 4216

ard 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’’
Pub. L. 94–471, § 5, Oct. 11, 1976, 90 Stat. 2054, 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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(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 Committee on Health, Education,
Labor, and Pensions], 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

§ 1862

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, § 7, Aug. 10, 1972, 86 Stat. 527.
Pub. L. 92–86, § 7, Aug. 11, 1971, 85 Stat. 309.
Pub. L. 91–356, § 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

§ 1862a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

recommendations based thereon, to the Congress not
later than 9 months after Aug. 1, 1956.
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, § 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

Page 4218

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, § 402, May 11, 1976, 90 Stat. 472, set
out below, which abolished the Federal Council for
Science and Technology.
ABOLITION OF FEDERAL COUNCIL FOR SCIENCE AND
TECHNOLOGY
Pub. L. 94–282, title IV, § 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.’’

§ 1862a. Findings and purpose
(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;

Page 4219

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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.
(Pub. L. 100–570, title II, § 202, Oct. 31, 1988, 102
Stat. 2873.)
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.
CODIFICATION
Section was enacted as part of the Academic Research Facilities Modernization Act of 1988, and also as
part of the National Science Foundation Authorization
Act of 1988, and not as part of the National Science
Foundation Act of 1950 which comprises this chapter.
PRIOR PROVISIONS
A prior section 1862a, Pub. L. 100–418, title VI, § 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, § 206.

§ 1862b. Establishment of Program
(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 re-

§ 1862b

search 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;

§ 1862c

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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.
(Pub. L. 100–570, title II, § 203, Oct. 31, 1988, 102
Stat. 2874.)
CODIFICATION
Section was enacted as part of the Academic Research Facilities Modernization Act of 1988, and also as
part of the National Science Foundation Authorization
Act of 1988, and not as part of the National Science
Foundation Act of 1950 which comprises this chapter.
PRIOR PROVISIONS
A prior section 1862b, Pub. L. 100–418, title VI, § 6403,
Aug. 23, 1988, 102 Stat. 1544, related to establishment of
National Science Foundation College Science Instrumentation Program, prior to repeal by Pub. L. 100–570,
§ 206.
MAJOR RESEARCH INSTRUMENTATION
Pub. L. 107–368, § 13, Dec. 19, 2002, 116 Stat. 3055, required Director of the National Science Foundation to
conduct a review and assessment of the major research
instrumentation program and, not later than 1 year
after Dec. 19, 2002, submit a report, including specified
estimates, descriptions and analyses, of findings and
recommendations to certain Congressional committees,
and also required the Director to enter into an arrangement with the National Academy of Sciences to assess
the need for an interagency program to establish and
support fully equipped, state-of-the-art universitybased centers for interdisciplinary research and advanced instrumentation development, and not later
than 15 months after Dec. 19, 2002, to transmit to the
committees the assessment conducted by the National
Academy of Sciences together with the Foundation’s
reaction to the assessment.

§ 1862c. Procedures, guidelines, and planning activities
(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

Page 4220

or in kind, fairly evaluated, of the repair, renovation, or replacement involved and shall
provide this contribution from private or nonFederal 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 informationgathering 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 eli-

Page 4221

TITLE 42—THE PUBLIC HEALTH AND WELFARE

gible 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.
(Pub. L. 100–570, title II, § 204, Oct. 31, 1988, 102
Stat. 2875.)
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

§ 1862f

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.
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 OF NAME
Committee on Labor and Human Resources of Senate
changed to Committee on Health, Education, Labor,
and Pensions of Senate by Senate Resolution No. 20,
One Hundred Sixth Congress, Jan. 19, 1999.
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. Committee on
Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007.

§ 1862d. Set-aside for certain institutions
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.
(Pub. L. 100–570, title II, § 205, Oct. 31, 1988, 102
Stat. 2877.)
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.
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.

§ 1862e. Evaluations of research centers
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.
(Pub. L. 100–570, title I, § 109, Oct. 31, 1988, 102
Stat. 2869.)
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.

§ 1862f. Research center consortia
In Foundation programs making grants to research centers, the Director shall encourage the

§ 1862g

TITLE 42—THE PUBLIC HEALTH AND WELFARE

formation of consortia that include research
universities, two-year and four-year colleges,
and the private sector.
(Pub. L. 100–570, title I, § 110, Oct. 31, 1988, 102
Stat. 2869.)
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.

§ 1862g. Experimental Program
Competitive Research

to

Stimulate

(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.
(Pub. L. 100–570, title I, § 113, Oct. 31, 1988, 102
Stat. 2870.)
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.
PLANNING GRANTS
Pub. L. 107–368, § 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.]

§ 1862h. Congressional statement of findings and
declaration of purposes respecting scientific
and technical education and training
(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 posi1 So

in original. Probably should be capitalized.

Page 4222

tion 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.
(Pub. L. 102–476, § 2, Oct. 23, 1992, 106 Stat. 2297.)
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.
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.

§ 1862i. Scientific and technical education
(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;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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,1
(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; and
(C) encourage participation of individuals
identified in section 1885a or 1885b of this
title;
(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 associatedegree-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 associatedegree-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-degreegranting colleges to bachelor-degree-granting
institutions, through such means as—
(i) examining curricula to ensure that academic credit earned at the associate-degreegranting college is transferable to bachelordegree-granting institutions;
(ii) informing teachers from the associatedegree-granting college on the specific re1 So

in original. The comma probably should be a semicolon.

§ 1862i

quirements 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 bachelordegree-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-degreegranting 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 associatedegree-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.
(3) Mentor training grants
The Director shall—
(A) establish a program to encourage and
make grants available to institutions of
higher education that award associate degrees to recruit and train individuals from
the fields of science, technology, engineering, and mathematics to mentor students
who are described in section 1885a or 1885b of
this title in order to assist those students in
identifying, qualifying for, and entering

§ 1862i

TITLE 42—THE PUBLIC HEALTH AND WELFARE

higher-paying technical jobs in those fields;
and
(B) make grants available to associate-degree-granting colleges to carry out the program identified in subsection 2 (A).
(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
2 So

in original. Probably should be ‘‘subparagraph’’.

Page 4224

(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) 3 of title 20.
(Pub. L. 102–476, § 3, Oct. 23, 1992, 106 Stat. 2297;
Pub. L. 105–244, title I, § 102(a)(13)(B), Oct. 7, 1998,
112 Stat. 1620; Pub. L. 107–368, § 21(a), (b), Dec. 19,
2002, 116 Stat. 3064; Pub. L. 110–69, title VII,
§ 7031(a), Aug. 9, 2007, 121 Stat. 710.)
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 (§ 1011 et seq.) of subchapter I of chapter 28 of Title 20, Education. Pub. L.
105–244, title I, § 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, § 101, Oct. 20, 1994, 108 Stat. 3519. For provisions relating to definitions, see section 7801 of Title 20, Education.
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.
AMENDMENTS
2007—Subsec. (a)(3)(A). Pub. L. 110–69, § 7031(a)(1)(A),
which directed striking out ‘‘and’’ after the semicolon,
was executed by striking out ‘‘and’’ after the comma,
to reflect the probable intent of Congress.
Subsec. (a)(3)(B), (C). Pub. L. 110–69, § 7031(a)(1)(B),
(C), substituted ‘‘; and’’ for semicolon in subpar. (B)
and added subpar. (C).
Subsec. (c)(3). Pub. L. 110–69, § 7031(a)(2), added par.
(3).
2002—Subsec. (a). Pub. L. 107–368, § 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, § 21(a)(2), inserted ‘‘and
in core science and mathematics courses’’ after ‘‘advanced-technology fields’’.
3 See

References in Text note below.

Page 4225

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Subsec. (a)(2). Pub. L. 107–368, § 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, § 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.

§ 1862j. Authorization of appropriations
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.
(Pub. L. 102–476, § 5, Oct. 23, 1992, 106 Stat. 2301.)
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.
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.

§ 1862k. Findings; core strategies
(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.

§ 1862k

(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.
(Pub. L. 105–207, title I, § 101, July 29, 1998, 112
Stat. 869.)
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.
INDIRECT COSTS
Pub. L. 105–207, title II, § 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

§ 1862l

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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, §§ 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 [now Committee on Health, Education, Labor, and Pensions] of
the Senate, and the Committee on Science [now Committee on Science and Technology] 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 [now
Science and Technology] and Appropriations of the
House of Representatives and the Committees on Commerce, Science and Transportation, Labor and Human
Resources [now Committee on Health, Education,
Labor, and Pensions] of the Senate, and Appropriations
of the Senate.
‘‘SEC. 206. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.
‘‘(a) DEFINITIONS.—In this section:

Page 4226

‘‘(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.’’
DEFINITIONS
Pub. L. 105–207, § 2, July 29, 1998, 112 Stat. 869, as
amended by Pub. L. 107–368, § 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 lifecycle 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.’’

§ 1862l. National research facilities
(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 lifecycle cost information.
(2) Contents of the plan
The plan shall include—

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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 and for major upgrades of
facilities in support of Antarctic research
programs—
(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.
(Pub. L. 105–207, title II, § 201, July 29, 1998, 112
Stat. 872; Pub. L. 107–368, § 14(b)(1), (2), Dec. 19,
2002, 116 Stat. 3056, 3057; Pub. L. 110–69, title VII,
§ 7014(b), Aug. 9, 2007, 121 Stat. 682.)
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.
AMENDMENTS
2007—Subsec. (a)(2)(D). Pub. L. 110–69 inserted ‘‘and
for major upgrades of facilities in support of Antarctic
research programs’’ after ‘‘facilities construction account’’ in introductory provisions.
2002—Subsec. (a)(1). Pub. L. 107–368, § 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.’’

§ 1862n

Subsec. (a)(2)(A). Pub. L. 107–368, § 14(b)(2)(A), substituted ‘‘(1), including costs for instrumentation development;’’ for ‘‘(1);’’.
Subsec.
(a)(2)(D)
to
(G).
Pub.
L.
107–368,
§ 14(b)(2)(B)–(D), added subpars. (D) to (G).

§ 1862m. Financial disclosure
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.
(Pub. L. 105–207, title II, § 204, July 29, 1998, 112
Stat. 876.)
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.
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.

§ 1862n. Mathematics and science education partnerships
(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 the department, college, or
program of education at an institution of
higher education, 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;

§ 1862n

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(B) offering professional development programs, including—
(i) teacher institutes for the 21st century, as described in paragraph (10); and
(ii) academic year institutes or workshops that—
(I) are designed to strengthen the capabilities of mathematics and science
teachers; and
(II) may include professional development activities to prepare mathematics
and science teachers to teach challenging mathematics, science, and technology college-preparatory courses;
(C) offering innovative preservice and inservice programs that instruct teachers on
using technology and laboratory experiences
more effectively in teaching mathematics
and science, including programs that recruit
and train undergraduate and graduate students to provide technical and laboratory
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, including the use
of induction programs, as defined in section
9813(h) of title 20, for teachers in their first
2 years of teaching, 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 science, technology, engineering, and mathematics educational programs and materials and conducting science,
technology, engineering, and mathematics
enrichment programs for students, including
after-school programs and summer programs, with an emphasis on including and
serving students described in subsection
(b)(2)(G);
(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.

Page 4228

(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 stu-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

dents participating in training or research activities that would not be part of their typical
classroom activities.
(8) Mentors for teachers and students of challenging courses
Partnerships carrying out activities to prepare mathematics and science teachers to
teach challenging mathematics, science, and
technology college-preparatory courses in accordance with paragraph (3)(B) shall encourage companies employing scientists, technologists, engineers, or mathematicians to
provide mentors to teachers and students and
provide for the coordination of such mentoring
activities.
(9) Innovation
Activities carried out in accordance with
paragraph (3)(H) may include the development
and dissemination of curriculum tools that
will help foster inventiveness and innovation.
(10) Teacher institutes for the 21st century
(A) In general
Teacher institutes for the 21st century carried out in accordance with paragraph (3)(B)
shall—
(i) be carried out in conjunction with a
school served by the local educational
agency in the partnership;
(ii) be science, technology, engineering,
and mathematics focused institutes that
provide professional development to elementary school and secondary school
teachers;
(iii) serve teachers who—
(I) are considered highly qualified (as
defined in section 9101 of the Elementary
and Secondary Education Act of 1965 [20
U.S.C. 7801]);
(II) teach high-need subjects in
science, technology, engineering, or
mathematics; and
(III) teach in high-need schools (as described in section 1114(a)(1) of the Elementary and Secondary Education Act
of 1965 [20 U.S.C. 6314(a)(1)]);
(iv) focus on the priorities developed by
the Director in consultation with a broad
group of relevant educational organizations;
(v) be content-based and build on school
year curricula that are experiment-oriented, content-based, and grounded in current research;
(vi) ensure that the pedagogy component
is designed around specific strategies that
are relevant to teaching the subject and
content on which teachers are being
trained, which may include training teachers in the essential components of reading
instruction for adolescents in order to improve student reading skills within the
subject areas of science, technology, engineering, and mathematics;
(vii) be a multiyear program that is conducted for a period of not less than 2 weeks
per year;
(viii) provide for direct interaction between participants in and faculty of the
teacher institute;

§ 1862n

(ix) have a component that includes the
use of the Internet;
(x) provide for followup training in the
classroom during the academic year for a
period of not less than 3 days, which may
or may not be consecutive, for participants in the teacher institute, except that
for teachers in rural local educational
agencies, the followup training may be
provided through the Internet;
(xi) provide teachers participating in the
teacher institute with travel expense reimbursement and classroom materials related to the teacher institute, and may include providing stipends as necessary; and
(xii) establish a mechanism to provide
supplemental support during the academic
year for teacher institute participants to
apply the knowledge and skills gained at
the teacher institute.
(B) Optional members of the partnership
In addition to the partnership requirement
under paragraph (2), an institution of higher
education or eligible nonprofit organization
(or consortium) desiring a grant for a teacher institute for the 21st century may also
partner with a teacher organization, museum, or educational partnership organization.
(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;

§ 1862n

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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 extent to which the evaluation described in paragraph (1)(E) will be independent and based on objective measures;
(F) the likelihood that the partnership will
demonstrate activities that can be widely
implemented as part of larger scale reform
efforts; and
(G) 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.

Page 4230

(2) Report on evaluations
Not later than 4 years after August 9, 2007,
the Director shall transmit a report summarizing the evaluations required under subsection (b)(1)(E) of grants received under this
program and describing any changes to the
program recommended as a result of these
evaluations to the Committee on Science and
Technology and the Committee on Education
and Labor of the House of Representatives and
to the Committee on Commerce, Science, and
Transportation and the Committee on Health,
Education, Labor, and Pensions of the Senate.
Such report 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.
(d) Definitions
In this section—
(1) the term ‘‘mathematics and science
teacher’’ means a science, technology, engineering, or mathematics teacher at the elementary school or secondary school level; and
(2) the term ‘‘science’’, in the context of elementary and secondary education, includes
technology and pre-engineering.
(Pub. L. 107–368, § 9, Dec. 19, 2002, 116 Stat. 3044;
Pub. L. 110–69, title VII, §§ 7028, 7029, Aug. 9, 2007,
121 Stat. 696, 697.)
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
(§ 6311 et seq.) of subchapter I of chapter 70 of Title 20,

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Education. Part B of title II of the Act is classified generally to part B (§ 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.
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.
AMENDMENTS
2007—Subsec. (a)(2)(A). Pub. L. 110–69, § 7028(1), substituted ‘‘the department, college, or program of education at an institution of higher education, a State
educational agency,’’ for ‘‘a State educational agency’’.
Subsec. (a)(3)(B). Pub. L. 110–69, § 7028(2), added subpar. (B) and struck out former subpar. (B) which read
as follows: ‘‘offering professional development programs, including summer or academic year institutes
or workshops, designed to strengthen the capabilities
of mathematics and science teachers;’’.
Subsec. (a)(3)(C). Pub. L. 110–69, § 7028(3), inserted
‘‘and laboratory experiences’’ after ‘‘technology’’ and
‘‘and laboratory’’ after ‘‘provide technical’’.
Subsec. (a)(3)(I). Pub. L. 110–69, § 7028(4), inserted ‘‘including the use of induction programs, as defined in
section 9813(h) of title 20, for teachers in their first 2
years of teaching,’’ after ‘‘and science,’’.
Subsec. (a)(3)(K). Pub. L. 110–69, § 7028(5), added subpar. (K) and struck out former subpar. (K) which read
as follows: ‘‘developing and offering mathematics or
science enrichment programs for students, including
after-school and summer programs;’’.
Subsec. (a)(8), (9). Pub. L. 110–69, § 7028(6), added pars.
(8) and (9).
Subsec. (a)(10). Pub. L. 110–69, § 7029, added par. (10).
Subsec. (b)(2)(E) to (G). Pub. L. 110–69, § 7028(7), added
subpar. (E) and redesignated former subpars. (E) and
(F) as (F) and (G), respectively.
Subsec. (c)(2). Pub. L. 110–69, § 7028(8), added par. (2)
and struck out former par. (2). Prior to amendment,
text of par. (2) read as follows:
‘‘(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.’’
Subsec. (d). Pub. L. 110–69, § 7028(9), added subsec. (d).
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
FINDINGS
Pub. L. 107–368, § 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

§ 1862n

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, § 22, Dec. 19, 2002, 116 Stat. 3065, provided for a National Science Board report to address
and examine specified issues concerning the National
Science Foundation’s budgetary and programmatic
growth provided for by Pub. L. 107–368 and to be submitted to certain Congressional committees within one
year after Dec. 19, 2002.
DEFINITIONS
Pub. L. 107–368, § 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

§ 1862n–1

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.’’

Page 4232

§ 1862n–1. Robert Noyce Teacher Scholarship
Program
(a) Scholarship program
(1) In general
The Director shall carry out a program to
award grants to eligible entities to recruit and
train mathematics and science teachers and to
provide scholarships and stipends to individuals participating in the program. Such program shall be known as the ‘‘Robert Noyce
Teacher Scholarship Program’’.
(2) Merit review
Grants shall be provided under this section
on a competitive, merit-reviewed basis.
(3) Use of grants
A grant provided under this section shall be
used by the eligible entity—
(A) to develop and implement a program to
recruit and prepare undergraduate students
majoring in science, technology, engineering, and mathematics at the eligible entity
(and participating institutions of higher
education of the consortium, if applicable)
to become qualified as mathematics and
science teachers, through—
(i) administering scholarships in accordance with subsection (c);
(ii) offering academic courses and early
clinical teaching experiences designed to
prepare students participating in the program to teach in elementary schools and
secondary schools, including such preparation as is necessary to meet requirements
for teacher certification or licensing;
(iii) offering programs to students participating in the program, both before and
after the students receive their baccalaureate degree, to enable the students to
become better mathematics and science
teachers, to fulfill the service requirements of this section, and to exchange
ideas with others in the students’ fields;
and
(iv) providing summer internships for
freshman and sophomore students participating in the program; or
(B) to develop and implement a program to
recruit and prepare science, technology, engineering, or mathematics professionals to
become qualified as mathematics and
science teachers, through—
(i) administering stipends in accordance
with subsection (d);
(ii) offering academic courses and clinical teaching experiences designed to prepare stipend recipients to teach in elementary schools and secondary schools served
by a high need local educational agency,
including such preparation as is necessary
to meet requirements for 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
the students’ fields.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(4) Eligibility requirement
(A) In general
To be eligible to receive a grant under this
section, an eligible entity shall ensure that
specific faculty members and staff from the
science, technology, engineering, and mathematics departments and specific education
faculty of the eligible entity (and participating institutions of higher education of the
consortium, if applicable) are designated to
carry out the development and implementation of the program.
(B) Inclusion of master teachers
An eligible entity (and participating institutions of higher education of the consortium, if applicable) receiving a grant under
this section may also include master teachers in the development of the pedagogical
content of the program and in the supervision of students participating in the program in their clinical teaching experiences.
(C) Active participants
No eligible entity (or participating institution of higher education of the consortium,
if applicable) shall be eligible for a grant
under this section unless faculty from the
science, technology, engineering, and mathematics departments of the eligible entity
(and participating institutions of higher
education of the consortium, if applicable)
are active participants in the program.
(5) Awards
In awarding grants under this section, the
Director shall ensure that the eligible entities
(and participating institutions of higher education of the consortia, if applicable) represent a variety of types of institutions of
higher education. In support of this goal, the
Director shall broadly disseminate information about when and how to apply for grants
under this section, including by conducting
outreach to—
(A) historically Black colleges and universities that are part B institutions, as defined
in section 322(2) of the Higher Education Act
of 1965 (20 U.S.C. 1061(2)); and
(B) minority institutions, as defined in
section 365(3) of the Higher Education Act of
1965 (20 U.S.C. 1067k(3)).
(6) Supplement not supplant
Grant funds provided under this section
shall be used to supplement, and not supplant,
other Federal or State funds available for the
type of activities supported by the grant.
(b) Selection process
(1) Application
An eligible entity 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) in the case of an applicant that is submitting an application on behalf of a consortium of institutions of higher education, a
description of the participating institutions
of higher education and the roles and responsibilities of each such institution;

§ 1862n–1

(B) a description of the program that the
applicant intends to operate, including the
number of scholarships and summer internships or the size and number of stipends the
applicant intends to award, the type of activities proposed for the recruitment of students to the program, and the selection
process that will be used in awarding the
scholarships or stipends;
(C) evidence that the applicant has the capability to administer the program in accordance with the provisions of this section,
which may include a description of any existing programs at the applicant eligible entity (and participating institutions of higher
education of the consortium, if applicable)
that are targeted to the education of mathematics and science teachers and the number
of teachers graduated annually from such
programs;
(D) a description of the academic courses
and clinical teaching experiences required
under subparagraphs (A)(ii) and (B)(ii) of
subsection (a)(3), as applicable, including—
(i) a description of the undergraduate
program that will enable a student to
graduate within 5 years with a major in
science, technology, engineering, or mathematics and to obtain teacher certification
or licensing;
(ii) a description of the clinical teaching
experiences proposed; and
(iii) evidence of agreements between the
applicant and the schools or local educational agencies that are identified as the
locations at which clinical teaching experiences will occur;
(E) a description of the programs required
under subparagraphs (A)(iii) and (B)(iii) of
subsection (a)(3), including activities to assist new teachers in fulfilling the teachers’
service requirements under this section;
(F) an identification of the applicant eligible entity’s science, technology, engineering, and mathematics faculty and its education faculty (and such faculty of participating institutions of higher education of
the consortium, if applicable) who will carry
out the development and implementation of
the program as required under subsection
(a)(4); and
(G) a description of the process the applicant will use to fulfill the requirements of
subsection (f).
(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 (and the
participating institutions of higher education of the consortium, if applicable) to effectively carry out the program;
(B) the extent to which the applicant’s
science, technology, engineering, and mathematics faculty and its education faculty
(and such faculty of participating institutions of higher education of the consortium,
if applicable) have worked or will work collaboratively to design new or revised curricula that recognize the specialized pedagogy

§ 1862n–1

TITLE 42—THE PUBLIC HEALTH AND WELFARE

required to teach science, technology, engineering, and mathematics effectively in elementary schools and secondary schools;
(C) the extent to which the applicant (and
the participating institutions of higher education of the consortium, if applicable) is
committed to making the program a central
organizational focus;
(D) the degree to which the proposed programming will enable scholarship or stipend
recipients to become successful mathematics and science teachers;
(E) the number and academic qualifications of the students who will be served by
the program; and
(F) the ability of the applicant (and the
participating institutions of higher education of the consortium, if applicable) to
recruit students who would otherwise not
pursue a career in teaching in elementary
schools or secondary schools and students
who are individuals identified in section
1885a or 1885b of this title.
(c) Scholarship requirements
(1) In general
Scholarships under this section shall be
available only to students who—
(A) are majoring in science, technology,
engineering, or mathematics; and
(B) have attained at least junior status in
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 $10,000 per year, except that no
individual shall receive for any year more
than the cost of attendance at that individual’s institution. Full-time students may receive annual scholarships through the completion of a baccalaureate degree program, not to
exceed a maximum of 3 years. Part-time students may receive scholarships that are prorated according to such students’ enrollment
status, not to exceed 6 years of scholarship
support.
(4) Service obligation
If an individual receives a scholarship under
this section, such individual shall be required
to complete, within 8 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 full scholarship award received, with
a maximum service requirement of 6 years.
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 science, technology, engineering,

Page 4234

or mathematics professionals who, while receiving the stipend, are enrolled in a program
established under subsection (a)(3)(B).
(2) Selection
Individuals shall be selected to receive stipends under this section primarily on the basis
of academic merit and professional achievement, 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 and duration
Stipends under this section shall be not less
than $10,000 per year, except that no individual
shall receive for any year more than the cost
of attendance at such individual’s institution.
Individuals may receive a maximum of 1 year
of stipend support, except that if an individual
is enrolled in a part-time program, such
amount shall be prorated according to the
length of the program.
(4) Service obligation
If an individual receives a stipend under this
section, such individual shall be required to
complete, within 4 years after graduation from
the program for which the stipend was awarded, 2 years of service as a mathematics or
science teacher. 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 of a
scholarship or stipend shall enter into an agreement with the eligible entity—
(1) accepting the terms of the scholarship or
stipend pursuant to subsection (c) or subsection (d);
(2) agreeing to provide the eligible entity
with annual certification of employment and
up-to-date contact information and to participate in surveys conducted by the eligible entity as part of an ongoing assessment program; and
(3) establishing that if the service obligation
required under this section is not completed,
all or a portion of the scholarship or stipend
received under this section shall be repaid in
accordance with subsection (g).
(f) Collection for noncompliance
(1) Monitoring compliance
An eligible entity 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 or stipend recipients with their
respective service requirements.
(2) Collection of repayment
(A) In general
In the event that a scholarship or stipend
recipient is required to repay the scholarship or stipend under subsection (g), the eligible entity shall—
(i) be responsible for determining the repayment amounts and for notifying the recipient and the Director of the amount
owed; and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(ii) collect such repayment amount within a period of time as determined under
the agreement described in paragraph (1),
or the repayment amount shall be treated
as a loan in accordance with subparagraph
(C).
(B) Returned to Treasury
Except as provided in subparagraph (C),
any such repayment shall be returned to the
Treasury of the United States.
(C) Retain percentage
An eligible entity may retain a percentage
of any repayment the eligible entity collects
to defray administrative costs associated
with the collection. The Director shall establish a single, fixed percentage that will
apply to all eligible entities.
(g) Failure to complete service obligation
(1) General rule
If an individual who has received a scholarship or stipend 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 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) Less than one year of service
If a circumstance described in paragraph
(1) occurs before the completion of 1 year of
a service obligation under this section, the
total amount of awards received by the individual under this section shall be repaid or
such amount shall be treated as a loan to be
repaid in accordance with subparagraph (C).
(B) More than one year of service
If a circumstance described in subparagraph (D) or (E) of paragraph (1) occurs after
the completion of 1 year of a service obligation under this section—
(i) for a scholarship recipient, the total
amount of scholarship awards received by
the individual under this section, reduced
by the ratio of the number of years of service completed divided by the number of
years of service required, shall be repaid or
such amount shall be treated as a loan to
be repaid in accordance with subparagraph
(C); and
(ii) for a stipend recipient, one-half of
the total amount of stipends received by
the individual under this section shall be
repaid or such amount shall be treated as
a loan to be repaid in accordance with subparagraph (C).
(C) Repayments
The loans described under subparagraphs
(A) and (B) shall be payable to the Federal

§ 1862n–1

Government, consistent with the provisions
of part B or D of title IV of the Higher Education Act of 1965 [20 U.S.C. 1071 et seq.,
1087a et seq.], and shall be subject to repayment in accordance with terms and conditions specified by the Director (in consultation with the Secretary of Education) in regulations promulgated to carry out this paragraph.
(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
An eligible entity receiving a grant under this
section shall supply to the Director any relevant
statistical and demographic data on scholarship
and stipend recipients the Director may request,
including information on employment required
under this section.
(i) Definitions
In this section—
(1) the term ‘‘cost of attendance’’ has the
meaning given such term in section 472 of the
Higher Education Act of 1965 (20 U.S.C. 1087ll);
(2) the term ‘‘eligible entity’’ means—
(A) an institution of higher education; or
(B) an institution of higher education that
receives grant funds on behalf of a consortium of institutions of higher education;
(3) the term ‘‘fellowship’’ means an award to
an individual under section 1862n–1a of this
title;
(4) the term ‘‘high need local educational
agency’’ has the meaning given such term in
section 201 of the Higher Education Act of 1965
(20 U.S.C. 1021);
(5) the term ‘‘mathematics and science
teacher’’ means a science, technology, engineering, or mathematics teacher at the elementary school or secondary school level;
(6) the term ‘‘scholarship’’ means an award
under subsection (c);
(7) the term ‘‘science, technology, engineering, or mathematics professional’’ means a
person who holds a baccalaureate, master’s, or
doctoral degree in science, technology, engineering, or mathematics, and is working in or
had a career in such field or a related area;
and
(8) the term ‘‘stipend’’ means an award
under subsection (d).
(j) Mathematics and science scholarship gift fund
In accordance with section 1870(f) of this title,
the Director is authorized to accept donations
from the private sector to supplement but not
supplant scholarships, stipends, internships, or
fellowships associated with programs under this
section or section 1862n–1a of this title.
(k) Assessment of teacher service and retention
Not later than 4 years after August 9, 2007, the
Director shall transmit to the Committee on

§ 1862n–1a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Health, Education, Labor, and Pensions of the
Senate and the Committee on Science and Technology of the House of Representatives a report
on the effectiveness of the programs carried out
under this section and section 1862n–1a of this
title. The report shall include the proportion of
individuals receiving scholarships, stipends, or
fellowships under the program who—
(1) fulfill the individuals’ service obligation
required under this section or section 1862n–1a
of this title;
(2) remain in the teaching profession beyond
the individuals’ service obligation; and
(3) remain in the teaching profession in a
high need local educational agency beyond the
individuals’ service obligation.
(l) Evaluation
Not less than 2 years after August 9, 2007, the
Director, in consultation with the Secretary of
Education, shall conduct an evaluation to determine whether the scholarships, stipends, and fellowships authorized under this section and section 1862n–1a of this title have been effective in
increasing the numbers of high-quality mathematics and science teachers teaching in high
need local educational agencies and whether
there continue to exist significant shortages of
such teachers in high need local educational
agencies.
(Pub. L. 107–368, § 10, Dec. 19, 2002, 116 Stat. 3049;
Pub. L. 110–69, title VII, § 7030, Aug. 9, 2007, 121
Stat. 698.)
REFERENCES IN TEXT
The Higher Education Act of 1965, referred to in subsec. (g)(2)(C), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219.
Parts B and D of title IV of the Act are classified to
parts B (§ 1071 et seq.) and C (§ 1087a et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of
Title 20 and Tables.
CODIFICATION
Section 7030 of Pub. L. 110–69, which directed that
‘‘Section 10 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–1) is amended to
read as follows:’’ and then set out the text of sections
10 and 10A, was executed by generally amending section
10 and adding a new section 10A (42 U.S.C. 1862n–1a)
after section 10, to reflect the probable intent of Congress.
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.
AMENDMENTS
2007—Pub. L. 110–69 amended section generally, substituting provisions relating to the Robert Noyce
Teacher Scholarship Program, consisting of subsecs. (a)
to (l), for former provisions relating to the Robert
Noyce Scholarship Program, consisting of subsecs. (a)
to (i). See Codification note above.
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.

Page 4236

§ 1862n–1a. National Science Foundation Teaching Fellowships and Master Teaching Fellowships
(a) In general
(1) Grants
(A) In general
As part of the Robert Noyce Teacher
Scholarship Program established under section 1862n–1 of this title, the Director shall
establish a separate program to award
grants to eligible entities to enable such entities to administer fellowships in accordance with this section.
(B) Definitions
The terms used in this section have the
meanings given the terms in section 1862n–1
of this title.
(2) Fellowships
Fellowships under this section shall be
available only to—
(A) science, technology, engineering, or
mathematics professionals, including retiring professionals in those fields, who shall be
referred to as ‘‘National Science Foundation
Teaching Fellows’’ and who, in the first year
of the fellowship, are enrolled in a master’s
degree program leading to teacher certification or licensing; and
(B) mathematics and science teachers, who
shall be referred to as ‘‘National Science
Foundation Master Teaching Fellows’’ and
who possess a master’s degree in their field.
(b) Eligibility
In order to be eligible to receive a grant under
this section, an eligible entity shall enter into a
partnership that shall include—
(1) a department within an institution of
higher education participating in the partnership that provides an advanced program of
study in mathematics and science;
(2)(A) a school or department within an institution of higher education participating in
the partnership that provides a teacher preparation program; or
(B) a 2-year institution of higher education
that has a teacher preparation offering or a
dual enrollment program with an institution
of higher education participating in the partnership;
(3) not less than 1 high need local educational agency and a public school or a consortium of public schools served by the agency; and
(4) 1 or more nonprofit organizations that
have a demonstrated record of capacity to provide expertise or support to meet the purposes
of this section.
(c) Use of grants
Grants awarded under this section shall be
used by the eligible entity (and participating institutions of higher education of the consortium, if applicable) to develop and implement a
program for National Science Foundation
Teaching Fellows or National Science Foundation Master Teaching Fellows, through—
(1) administering fellowships in accordance
with this section, including providing the

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

teaching fellowship salary supplements described in subsection (f);
(2) in the case of National Science Foundation Teaching Fellowships—
(A) offering academic courses and clinical
teaching experiences leading to a master’s
degree and designed to prepare individuals
to teach in elementary schools and secondary schools, including such preparation as is
necessary to meet the requirements for certification or licensing; and
(B) offering programs both during and
after matriculation in the program for
which the fellowship is received to enable
fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional
development activities, to fulfill the service
requirements of this section, including the
requirements of subsection (e), and to exchange ideas with others in their fields; and
(3) in the case of National Science Foundation Master Teaching Fellowships—
(A) offering academic courses and leadership training to prepare individuals to become master teachers in elementary schools
and secondary schools; and
(B) offering programs both during and
after matriculation in the program for
which the fellowship is received to enable
fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional
development activities, to fulfill the service
requirements of this section, including the
requirements of subsection (e), and to exchange ideas with others in their fields.
(d) Selection process
(1) Merit review
Grants shall be awarded under this section
on a competitive, merit-reviewed basis.
(2) Applications
An eligible entity desiring 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) in the case of an applicant that is submitting an application on behalf of a consortium of institutions of higher education, a
description of the participating institutions
of higher education and the roles and responsibilities of each such institution;
(B) a description of the program that the
applicant intends to operate, including the
number of fellowships the applicant intends
to award, the type of activities proposed for
the recruitment of students to the program,
and the amount of the teaching fellowship
salary supplements to be provided in accordance with subsection (f);
(C) evidence that the applicant has the capability to administer the program in accordance with the provisions of this section,
which may include a description of any existing programs at the applicant eligible entity (and participating institutions of higher
education of the consortium, if applicable)

§ 1862n–1a

that are targeted to the education of mathematics and science teachers and the number
of teachers graduated annually from such
programs;
(D) in the case of National Science Foundation Teaching Fellowships, a description
of—
(i) the selection process that will be used
in awarding fellowships, including a description of the rigorous measures to be
used, including the rigorous, nationally
recognized assessments to be used, in order
to determine whether individuals applying
for fellowships have advanced content
knowledge of science, technology, engineering, or mathematics;
(ii) the academic courses and clinical
teaching experiences described in subsection (c)(2)(A), including—
(I) a description of an educational program that will enable a student to obtain a master’s degree and teacher certification or licensing within 1 year; and
(II) evidence of agreements between
the applicant and the schools or local
educational agencies that are identified
as the locations at which clinical teaching experiences will occur;
(iii) a description of the programs described in subsection (c)(2)(B), including
activities to assist individuals in fulfilling
their service requirements under this section;
(E) evidence that the eligible entity will
provide the teaching supplements required
under subsection (f); and
(F) a description of the process the applicant will use to fulfill the requirements of
section 1862n–1(f) of this title.
(3) Criteria
In evaluating the applications submitted
under paragraph (2), the Director shall consider, at a minimum—
(A) the ability of the applicant (and participating institutions of higher education of
the consortium, if applicable) to effectively
carry out the program and to meet the requirements of subsection (f);
(B) the extent to which the mathematics,
science, or engineering faculty and the education faculty at the eligible entity (and
participating institutions of higher education of the consortium, if applicable) have
worked or will work collaboratively to design new or revised curricula that recognizes
the specialized pedagogy required to teach
science, technology, engineering, and mathematics effectively in elementary schools and
secondary schools;
(C) the extent to which the applicant (and
participating institutions of higher education of the consortium, if applicable) is
committed to making the program a central
organizational focus;
(D) the degree to which the proposed programming will enable participants to become highly effective mathematics and
science teachers and prepare such participants to assume leadership roles in their

§ 1862n–1a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

schools, in addition to their regular classroom duties, including serving as mentor or
master teachers, developing curriculum, and
assisting in the development and implementation of professional development activities;
(E) the number and quality of the individuals that will be served by the program; and
(F) in the case of the National Science
Foundation Teaching Fellowship, the ability
of the applicant (and participating institutions of higher education of the consortium,
if applicable) to recruit individuals who
would otherwise not pursue a career in
teaching and individuals identified in section 1885a or 1885b of this title.
(4) Selection of fellows
(A) In general
Individuals shall be selected to receive fellowships under this section primarily on the
basis of—
(i) professional achievement;
(ii) academic merit;
(iii) content knowledge of science, technology, engineering, or mathematics, as
demonstrated by their performance on an
assessment in accordance with paragraph
(2)(D)(i); and
(iv) in the case of National Science
Foundation Master Teaching Fellows,
demonstrated success in improving student academic achievement in science,
technology, engineering, or mathematics.
(B) Promoting participation of certain individuals
Among individuals demonstrating equivalent qualifications, consideration may be
given to the goal of promoting the participation of individuals identified in section 1885a
or 1885b of this title.
(e) Duties of National Science Foundation Teaching Fellows and Master Teaching Fellows
A National Science Foundation Teaching Fellow or a National Science Foundation Master
Teaching Fellow, while fulfilling the service obligation under subsection (g) and in addition to
regular classroom activities, shall take on a
leadership role within the school or local educational agency in which the fellow is employed,
as defined by the partnership according to such
fellow’s expertise, including serving as a mentor
or master teacher, developing curricula, and assisting in the development and implementation
of professional development activities.
(f) Teaching fellowship salary supplements
(1) In general
An eligible entity receiving a grant under
this section shall provide salary supplements
to individuals who participate in the program
under this section during the period of their
service obligation under subsection (g). A local
educational agency through which the service
obligation is fulfilled shall agree not to reduce
the base salary normally paid to an individual
solely because such individual receives a salary supplement under this subsection.

Page 4238

(2) Amount and duration
(A) Amount
Salary supplements provided under paragraph (1) shall be not less than $10,000 per
year, except that, in the case of a National
Science Foundation Teaching Fellow, while
enrolled in the master’s degree program as
described in subsection (c)(2)(A), such fellow
shall receive not more than the cost of attendance at such fellow’s institution.
(B) Support while enrolled in master’s degree program
A National Science Foundation Teaching
Fellow may receive a maximum of 1 year of
fellowship support while enrolled in a master’s degree program as described in subsection (c)(2)(A), except that if such fellow is
enrolled in a part-time program, such
amount shall be prorated according to the
length of the program.
(C) Duration of support
An eligible entity receiving a grant under
this section shall provide teaching fellowship salary supplements through the period
of the fellow’s service obligation under subsection (g).
(g) Service obligation
An individual awarded a fellowship under this
section shall serve as a mathematics or science
teacher in an elementary school or secondary
school served by a high need local educational
agency for—
(1) in the case of a National Science Foundation Teaching Fellow, 4 years, to be fulfilled
within 6 years of completing the master’s program described in subsection (c)(2)(A); and
(2) in the case of a National Science Foundation Master Teaching Fellow, 5 years, to be
fulfilled within 7 years of the start of participation in the program under subsection (c)(3).
(h) Matching requirement
(1) In general
An eligible entity receiving a grant under
this section shall provide, from non-Federal
sources, to carry out the activities supported
by the grant—
(A) in the case of grants in an amount of
less than $1,500,000, an amount equal to at
least 30 percent of the amount of the grant,
at least one half of which shall be in cash;
and
(B) in the case of grants in an amount of
$1,500,000 or more, an amount equal to at
least 50 percent of the amount of the grant,
at least one half of which shall be in cash.
(2) Waiver
The Director may waive all or part of the
matching requirement described in paragraph
(1) for any fiscal year for an eligible entity receiving a grant under this section, if the Director determines that applying the matching
requirement would result in serious hardship
or inability to carry out the authorized activities described in this section.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(i) Conditions of support; collection for noncompliance; failure to complete service obligation; data collection
(1) In general
Except as provided in paragraph (2), subsections (e), (f), (g), and (h) of section 1862n–1
of this title shall apply to eligible entities and
recipients of fellowships under this section, as
applicable, in the same manner as such subsections apply to eligible entities and recipients of scholarships and stipends under section
1862n–1 of this title, as applicable.
(2) Amount of repayment
If a circumstance described in subparagraph
(D) or (E) of section 1862n–1(g)(1) of this title
occurs after the completion of 1 year of a service obligation under this section—
(A) for a National Science Foundation
Teaching Fellow, the total amount of fellowship award received by the individual under
this section while enrolled in the master’s
degree program, reduced by one-fourth of
the total amount for each year of service
completed, plus one-half of the total teaching fellowship salary supplements received
by such individual under this section, shall
be repaid or such amount shall be treated as
a loan to be repaid in accordance with section 1862n–1(g)(1)(C) of this title; and
(B) for a National Science Foundation
Master Teaching Fellow, the total amount
of teaching fellowship salary supplements
received by the individual under this section, reduced by one-half, shall be repaid or
such amount shall be treated as a loan to be
repaid
in
accordance
with
section
1862n–1(g)(1)(C) of this title.
(Pub. L. 107–368, § 10A, as added Pub. L. 110–69,
title VII, § 7030, Aug. 9, 2007, 121 Stat. 705; amended Pub. L. 111–358, title V, § 511, Jan. 4, 2011, 124
Stat. 4010.)
CODIFICATION
Section 7030 of Pub. L. 110–69, which directed that
‘‘Section 10 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–1) is amended to
read as follows:’’ and then set out the text of sections
10 and 10A, was executed by generally amending section
10 and adding a new section 10A (42 U.S.C. 1862n–1a)
after section 10, to reflect the probable intent of Congress.
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.
AMENDMENTS
2011—Subsec. (a)(2)(A). Pub. L. 111–358, § 511(b), inserted ‘‘including retiring professionals in those
fields,’’ after ‘‘mathematics professionals,’’.
Subsec. (h)(1). Pub. L. 111–358, § 511(a), amended par.
(1) generally. Prior to amendment, text read as follows:
‘‘An eligible entity receiving a grant under this section
shall provide, from non-Federal sources, an amount
equal to 50 percent of the amount of the grant (which
may be provided in cash or in-kind) to carry out the activities supported by the grant.’’

§ 1862n–2

§ 1862n–2. Establishment of centers for research
on mathematics and science learning and
education improvement
(a) Establishment
(1) In general
(A) The Director shall award grants to institutions of higher education or eligible nonprofit organizations (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 an eligible nonprofit organization (or a consortium
thereof) 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;

§ 1862n–3

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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.
(Pub. L. 107–368, § 11, Dec. 19, 2002, 116 Stat. 3053;
Pub. L. 110–69, title VII, § 7006(b), Aug. 9, 2007, 121
Stat. 679.)
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.

Page 4240

AMENDMENTS
2007—Subsec. (a)(1)(A). Pub. L. 110–69, § 7006(b)(1), inserted ‘‘or eligible nonprofit organizations’’ after ‘‘institutions of higher education’’.
Subsec. (b)(1). Pub. L. 110–69, § 7006(b)(2), (3), in introductory provisions, inserted ‘‘or an eligible nonprofit
organization’’ after ‘‘institution of higher education’’
and substituted ‘‘thereof’’ for ‘‘of such institutions’’.
FUNDING FOR CENTERS
Pub. L. 110–69, title VII, § 7006(a), Aug. 9, 2007, 121
Stat. 679, provided that: ‘‘The Director [of the National
Science Foundation] shall continue to carry out the
program of Centers for Research on Learning and Education Improvement as established in section 11 of the
National Science Foundation Authorization Act of 2002
(42 U.S.C. 1862n–2).’’
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.

§ 1862n–3. Duplication of programs
(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.
(Pub. L. 107–368, § 12, Dec. 19, 2002, 116 Stat. 3054.)
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.

Page 4241

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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.
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.
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.

§ 1862n–4. Major research equipment and facilities construction plan
(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;

§ 1862n–4

(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).
(Pub. L. 107–368, § 14, Dec. 19, 2002, 116 Stat. 3056.)
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.

§ 1862n–5

TITLE 42—THE PUBLIC HEALTH AND WELFARE
CHANGE OF NAME

Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.
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.

§ 1862n–5. Board meetings; audits; reports; scholarship eligibility
(a) Board meetings
(1) Omitted
(2) Open meetings
To ensure transparency of the Board’s entire
decision-making process, including deliberations on Board business occurring within its
various subdivisions, 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. The preceding requirement will apply to meetings of
the full Board, whenever a quorum is present;
and to meetings of its subdivisions, whenever
a quorum of the subdivision is present.
(3) Compliance audit
The Inspector General of the Foundation
shall conduct an audit every three years 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 every third
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.
(5) Materials relating to closed portions of
meetings
To facilitate the audit required under paragraph (3) of this subsection, the Office of the
National Science Board shall maintain the
General Counsel’s certificate, the presiding officer’s statement, and a transcript or recording of any closed meeting, for at least 3 years
after such meeting.
(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.

Page 4242

(Pub. L. 107–368, § 15, Dec. 19, 2002, 116 Stat. 3058;
Pub. L. 110–69, title VII, § 7015(a), Aug. 9, 2007, 121
Stat. 683; Pub. L. 111–358, title V, § 504(c), Jan. 4,
2011, 124 Stat. 4006.)
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.
AMENDMENTS
2011—Subsec. (a)(2). Pub. L. 111–358 substituted ‘‘To
ensure transparency of the Board’s entire decisionmaking process, including deliberations on Board business occurring within its various subdivisions, the
Board’’ for ‘‘The Board’’ and inserted at end ‘‘The preceding requirement will apply to meetings of the full
Board, whenever a quorum is present; and to meetings
of its subdivisions, whenever a quorum of the subdivision is present.’’
2007—Subsec. (a)(3). Pub. L. 110–69, § 7015(a)(1), substituted ‘‘an audit every three years’’ for ‘‘an annual
audit’’.
Subsec. (a)(4). Pub. L. 110–69, § 7015(a)(2), substituted
‘‘every third year’’ for ‘‘each year’’.
Subsec. (a)(5). Pub. L. 110–69, § 7015(a)(3), added par.
(5).
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.
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.

§ 1862n–6. Undergraduate education reform
(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;

Page 4243

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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

§ 1862n–7

(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.
(Pub. L. 107–368, § 17, Dec. 19, 2002, 116 Stat. 3060.)
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.
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.

§ 1862n–7. Reports
(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.

§ 1862n–8

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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 highspeed, 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 highspeed, 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

Page 4244

the Foundation can improve funding to minority-serving institutions.
(Pub. L. 107–368, § 18, Dec. 19, 2002, 116 Stat. 3061.)
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.
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.
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.

§ 1862n–8. Evaluations
(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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
(Pub. L. 107–368, § 19, Dec. 19, 2002, 116 Stat. 3063.)
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.
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.
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.
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.

§ 1862n–9. Astronomy and Astrophysics Advisory
Committee
(a) Establishment
The Foundation, the National Aeronautics and
Space Administration, and the Department of
Energy 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, the
National Aeronautics and Space Administration, and the Department of Energy;
(2) assess, and make recommendations regarding, the status of the activities of the
Foundation, the National Aeronautics and
Space Administration, and the Department of
Energy 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 Admin-

§ 1862n–9

istrator of the National Aeronautics and
Space Administration, the Secretary of Energy, 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) 4 members selected by the Director;
(2) 4 members selected by the Administrator
of the National Aeronautics and Space Administration;
(3) 3 members selected by the Secretary of
Energy; and
(4) 2 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 other Federal advisory committees that
advise Federal agencies that 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.
(Pub. L. 107–368, § 23, Dec. 19, 2002, 116 Stat. 3065;
Pub. L. 108–423, § 5(a), Nov. 30, 2004, 118 Stat.
2402.)
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.
CODIFICATION
Section was enacted as part of the National Science
Foundation Authorization Act of 2002, and not as part

§ 1862n–10

TITLE 42—THE PUBLIC HEALTH AND WELFARE

of the National Science Foundation Act of 1950 which
comprises this chapter.
AMENDMENTS
2004—Subsecs. (a), (b)(1), (2). Pub. L. 108–423, § 5(a)(1),
substituted ‘‘, the National Aeronautics and Space Administration, and the Department of Energy’’ for ‘‘and
the National Aeronautics and Space Administration’’.
Subsec. (b)(3). Pub. L. 108–423, § 5(a)(2), substituted
‘‘Administration, the Secretary of Energy,’’ for ‘‘Administration, and’’.
Subsec. (c)(1), (2). Pub. L. 108–423, § 5(a)(3)(A), substituted ‘‘4’’ for ‘‘5’’.
Subsec. (c)(3), (4). Pub. L. 108–423, § 5(a)(3)(B)–(D),
added par. (3) and redesignated former par. (3) as (4) and
substituted ‘‘2’’ for ‘‘3’’.
Subsec. (f). Pub. L. 108–423, § 5(a)(4), substituted
‘‘other Federal advisory committees that advise Federal agencies that engage in related research activities’’ for ‘‘the advisory bodies of other Federal agencies, such as the Department of Energy, which may engage in related research activities’’.
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–423, § 5(b), Nov. 30, 2004, 118 Stat. 2402, provided that: ‘‘The amendments made by subsection (a)
[amending this section] take effect on March 15, 2005.’’
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.

§ 1862n–10. Minority-serving institutions undergraduate program
(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.

Page 4246

(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.
(Pub. L. 107–368, § 24, Dec. 19, 2002, 116 Stat. 3066.)
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.
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.

§ 1862o. Postdoctoral research fellows
(a) Mentoring
The Director shall require that all grant applications that include funding to support postdoctoral researchers include a description of the
mentoring activities that will be provided for
such individuals, and shall ensure that this part
of the application is evaluated under the Foundation’s broader impacts merit review criterion.
Mentoring activities may include career counseling, training in preparing grant applications,
guidance on ways to improve teaching skills,
and training in research ethics.
(b) Reports
The Director shall require that annual reports
and the final report for research grants that include funding to support postdoctoral researchers include a description of the mentoring activities provided to such researchers.
(Pub. L. 110–69, title VII, § 7008, Aug. 9, 2007, 121
Stat. 680.)
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
REAFFIRMATION OF THE MERIT-REVIEW PROCESS OF THE
NATIONAL SCIENCE FOUNDATION
Pub. L. 110–69, title VII, § 7003, Aug. 9, 2007, 121 Stat.
679, provided that: ‘‘Nothing in this title [enacting this
section and sections 1862n–1a and 1862o–1 to 1862o–15 of
this title, amending sections 1862i, 1862l, 1862n, 1862n–1,
1862n–2, 1862n–5, 1863, 1870, and 1881a of this title, sections 5503 and 5511 of Title 15, Commerce and Trade,
and section 3801 of Title 31, Money and Finance, enacting provisions set out as notes under this section and
section 1862n–2 of this title, and amending provisions
set out as a note under section 1113 of Title 31] or title
I [enacting sections 6603, 6619, and 6620 of this title and
section 3718 of Title 15 and amending section 3711 of
Title 15], or the amendments made by this title or title
I, shall be interpreted to require or recommend that
the Foundation—
‘‘(1) alter or modify its merit-review system or
peer-review process; or
‘‘(2) exclude the awarding of any proposal by means
of the merit-review or peer-review process.’’
CURRICULA
Pub. L. 110–69, title VII, § 7005, Aug. 9, 2007, 121 Stat.
679, provided that: ‘‘Nothing in this title [enacting this

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

section and sections 1862n–1a and 1862o–1 to 1862o–15 of
this title, amending sections 1862i, 1862l, 1862n, 1862n–1,
1862n–2, 1862n–5, 1863, 1870, and 1881a of this title, sections 5503 and 5511 of Title 15, Commerce and Trade,
and section 3801 of Title 31, Money and Finance, enacting provisions set out as notes under this section and
section 1862n–2 of this title, and amending provisions
set out as a note under section 1113 of Title 31], or the
amendments made by this title, shall be construed to
limit the authority of State governments or local
school boards to determine the curricula of their students.’’
DEFINITIONS
Pub. L. 110–69, title VII, § 7001, Aug. 9, 2007, 121 Stat.
675, provided that: ‘‘In this title [enacting this section
and sections 1862n–1a and 1862o–1 to 1862o–15 of this
title, amending sections 1862i, 1862l, 1862n, 1862n–1,
1862n–2, 1862n–5, 1863, 1870, and 1881a of this title, sections 5503 and 5511 of Title 15, Commerce and Trade,
and section 3801 of Title 31, Money and Finance, enacting provisions set out as notes under this section and
section 1862n–2 of this title, and amending provisions
set out as a note under section 1113 of Title 31]:
‘‘(1) BASIC RESEARCH.—The term ‘basic research’ has
the meaning given such term in the Office of Management and Budget circular No. A–11.
‘‘(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) DIRECTOR.—The term ‘Director’ means the Director of the Foundation.
‘‘(4) ELEMENTARY SCHOOL.—The term ‘elementary
school’ has the meaning given such term in section
9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
‘‘(5) FOUNDATION.—The term ‘Foundation’ means
the National Science Foundation.
‘‘(6) 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)).
‘‘(7) SECONDARY SCHOOL.—The term ‘secondary
school’ has the meaning given such term in section
9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).’’

§ 1862o–1. Responsible conduct of research
The Director shall require that each institution that applies for financial assistance from
the Foundation for science and engineering research or education describe in its grant proposal a plan to provide appropriate training and
oversight in the responsible and ethical conduct
of research to undergraduate students, graduate
students, and postdoctoral researchers participating in the proposed research project.
(Pub. L. 110–69, title VII, § 7009, Aug. 9, 2007, 121
Stat. 680.)
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–2. Reporting of research results
The Director shall ensure that all final project
reports and citations of published research docu-

§ 1862o–4

ments resulting from research funded, in whole
or in part, by the Foundation, are made available to the public in a timely manner and in
electronic form through the Foundation’s Web
site.
(Pub. L. 110–69, title VII, § 7010, Aug. 9, 2007, 121
Stat. 680.)
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–3. Sharing research results
An investigator supported under a Foundation
award, whom the Director determines has failed
to comply with the provisions of section 734 of
the Foundation Grant Policy Manual, shall be
ineligible for a future award under any Foundation supported program or activity. The Director may restore the eligibility of such an investigator on the basis of the investigator’s subsequent compliance with the provisions of section
734 of the Foundation Grant Policy Manual and
with such other terms and conditions as the Director may impose.
(Pub. L. 110–69, title VII, § 7011, Aug. 9, 2007, 121
Stat. 680.)
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–4. Funding for successful science, technology, engineering, and mathematics education programs
(a) Evaluation of programs
The Director shall, on an annual basis, evaluate all of the Foundation’s grants that are
scheduled to expire within 1 year and—
(1) that have the primary purpose of meeting
the objectives of the Science and Engineering
Equal Opportunity Act (42 U.S.C. 1885 et seq.);
or
(2) that have the primary purpose of providing teacher professional development.
(b) Continuation of funding
For grants that are identified under subsection (a) and that are determined by the Director to be successful in meeting the objectives
of the initial grant solicitation, the Director
may extend the duration of those grants for not
more than 3 additional years beyond their

§ 1862o–5

TITLE 42—THE PUBLIC HEALTH AND WELFARE

scheduled expiration without the requirement
for a recompetition.
(c) Report to Congress
Not later than 1 year after August 9, 2007, and
annually thereafter, the Director shall submit a
report to the Committee on Science and Technology of the House of Representatives and to
the Committee on Commerce, Science, and
Transportation and the Committee on Health,
Education, Labor, and Pensions of the Senate
that—
(1) lists the grants that have been extended
in duration by the authority provided under
this section; and
(2) provides any recommendations the Director may have regarding the extension of the
authority provided under this section to programs other than those specified in subsection
(a).
(Pub. L. 110–69, title VII, § 7012, Aug. 9, 2007, 121
Stat. 681.)
REFERENCES IN TEXT
The Science and Engineering Equal Opportunity Act,
referred to in subsec. (a)(1), probably means the Science
and Engineering Equal Opportunities Act, which is
Part B (§ 31 et seq.) of Pub. L. 96–516, Dec. 12, 1980, 94
Stat. 3010, 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.
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–5. Meeting critical national science needs
(a) In general
In addition to any other criteria, the Director
shall include consideration of the degree to
which awards and research activities that otherwise qualify for support by the Foundation may
assist in meeting critical national needs in innovation, competitiveness, safety and security, the
physical and natural sciences, technology, engineering, social sciences, and mathematics.
(b) Priority treatment
The Director shall give priority in the selection of awards and the allocation of Foundation
resources to proposed research activities, and
grants funded under the Foundation’s Research
and Related Activities Account, that can be expected to make contributions in physical or natural science, technology, engineering, social sciences, or mathematics, or that enhance competitiveness, innovation, or safety and security
in the United States.
(c) Limitation
Nothing in this section shall be construed to
restrict or bias the grant selection process

Page 4248

against funding other areas of research deemed
by the Foundation to be consistent with its
mandate nor to change the core mission of the
Foundation.
(Pub. L. 110–69, title VII, § 7018, Aug. 9, 2007, 121
Stat. 684.)
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–6. Research on innovation and inventiveness
In carrying out its research programs on
science policy and on the science of learning,
the Foundation may support research on the
process of innovation and the teaching of inventiveness.
(Pub. L. 110–69, title VII, § 7019, Aug. 9, 2007, 121
Stat. 684.)
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–7. Cyberinfrastructure
In order to continue and expand efforts to ensure that research institutions throughout the
Nation can fully participate in research programs of the Foundation and collaborate with
colleagues throughout the Nation, the Director,
not later than 180 days after August 9, 2007, shall
develop and publish a plan that—
(1) describes the current status of broadband
access for scientific research purposes at institutions in EPSCoR-eligible States, at institutions in rural areas, and at minority serving
institutions; and
(2) outlines actions that can be taken to ensure that such connections are available to enable participation in those Foundation programs that rely heavily on high-speed networking and collaborations across institutions
and regions.
(Pub. L. 110–69, title VII, § 7020, Aug. 9, 2007, 121
Stat. 685.)
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.

Page 4249

TITLE 42—THE PUBLIC HEALTH AND WELFARE
DEFINITIONS

For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–8. Pilot program of grants for new investigators
(a) In general
The Director shall carry out a pilot program
to award 1-year grants to individuals to assist
them in improving research proposals that were
previously submitted to the Foundation but not
selected for funding.
(b) Eligibility
To be eligible to receive a grant under this
section, an individual—
(1) may not have previously received funding
as the principal investigator of a research
grant from the Foundation; and
(2) shall have submitted a proposal to the
Foundation, which may include a proposal
submitted to the Research in Undergraduate
Institutions program, that was rated excellent
under the Foundation’s competitive merit review process.
(c) Selection process
The Director shall make awards under this
section based on the advice of the program officers of the Foundation.
(d) Use of funds
Grants awarded under this section shall be
used to enable an individual to resubmit an updated research proposal for review by the Foundation through the agency’s competitive merit
review process. Uses of funds made available
under this section may include the generation of
new data and the performance of additional
analysis.
(e) Program administration
The Director shall carry out this section
through the Small Grants for Exploratory Research program.
(f) National Science Board review
The Board shall conduct a review and assessment of the pilot program under this section, including the number of new investigators funded,
the distribution of awards by type of institution
of higher education, and the success rate upon
resubmittal of proposals by new investigators
funded through such pilot program. Not later
than 3 years after August 9, 2007, the Board shall
summarize its findings and any recommendations regarding changes to, the termination of,
or the continuation of the pilot program in a report to the Committee on Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate.
(Pub. L. 110–69, title VII, § 7021, Aug. 9, 2007, 121
Stat. 685.)

§ 1862o–9

part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–9. Broader impacts merit review criterion
(a) In general
Among the types of activities that the Foundation shall consider as appropriate for meeting
the requirements of its broader impacts criterion for the evaluation of research proposals
are partnerships between academic researchers
and industrial scientists and engineers that address research areas identified as having high
importance for future national economic competitiveness, such as nanotechnology.
(b) Report on broader impacts criterion
Not later than 1 year after August 9, 2007, the
Director shall transmit to Congress a report on
the impact of the broader impacts grant criterion used by the Foundation. The report
shall—
(1) identify the criteria that each division
and directorate of the Foundation uses to
evaluate the broader impacts aspects of research proposals;
(2) provide a breakdown of the types of activities by division that awardees have proposed to carry out to meet the broader impacts criterion;
(3) provide any evaluations performed by the
Foundation to assess the degree to which the
broader impacts aspects of research proposals
were carried out and how effective they have
been at meeting the goals described in the research proposals;
(4) describe what national goals, such as improving undergraduate science, technology,
engineering, and mathematics education, improving kindergarten through grade 12 science
and mathematics education, promoting university-industry collaboration, and broadening
participation of underrepresented groups, the
broader impacts criterion is best suited to promote; and
(5) describe what steps the Foundation is
taking and should take to use the broader impacts criterion to improve undergraduate
science, technology, engineering, and mathematics education.
(Pub. L. 110–69, title VII, § 7022, Aug. 9, 2007, 121
Stat. 686.)
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.

CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as

DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–10

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 1862o–10. Advanced information and communications technology research
(1) In general
As part of the Program described in title I of
the High-Performance Computing Act of 1991 (15
U.S.C. 5511 et seq.), the Foundation shall support
basic research related to advanced information
and communications technologies that will contribute to enhancing or facilitating the availability and affordability of advanced communications services for all people of the United
States. Areas of research to be supported may
include research on—
(A) affordable broadband access, including
wireless technologies;
(B) network security and reliability;
(C) communications interoperability;
(D) networking protocols and architectures,
including resilience to outages or attacks;
(E) trusted software;
(F) privacy;
(G) nanoelectronics for communications applications;
(H) low-power communications electronics;
(I) implementation of equitable access to national advanced fiber optic research and educational networks in noncontiguous States;
and
(J) such other related areas as the Director
finds appropriate.
(2) Centers
The Director shall award multiyear grants,
subject to the availability of appropriations and
on a merit-reviewed competitive basis, to institutions of higher education, nonprofit research
institutions affiliated with institutions of higher education, or consortia of either type of institution to establish multidisciplinary Centers for
Communications Research. The purpose of the
Centers shall be to generate innovative approaches to problems in information and communications technology research, including the
research areas described in paragraph (1). Institutions of higher education, nonprofit research
institutions affiliated with institutions of higher education, or consortia receiving such grants
may partner with 1 or more government laboratories, for-profit entities, or other institutions
of higher education or nonprofit research institutions.
(3) Funding allocation
The Director shall increase funding for the
basic research activities described in paragraph
(1), which shall include support for the Centers
described in paragraph (2), in proportion to the
increase in the total amount appropriated to the
Foundation for research and related activities
for the fiscal years 2008 through 2010.
(4) Report to Congress
The Director shall transmit to Congress, as
part of the President’s annual budget submission under section 1105 of title 31, a report on
the amounts allocated for support of research
under this section for the fiscal year during
which such report is submitted and the levels
proposed for the fiscal year with respect to
which the budget submission applies.
(Pub. L. 110–69, title VII, § 7024(b), Aug. 9, 2007,
121 Stat. 689.)

Page 4250

REFERENCES IN TEXT
The High-Performance Computing Act of 1991, referred to in par. (1), is Pub. L. 102–194, Dec. 9, 1991, 105
Stat. 1594. Title I of the Act is classified generally to
subchapter I (§ 5511 et seq.) of chapter 81 of Title 15,
Commerce and Trade. For complete classification of
this Act to the Code, see Short Title note set out under
section 5501 of Title 15 and Tables.
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–11. Evaluation and report
The Director shall establish metrics to evaluate the success of the programs established by
the Foundation for encouraging individuals
identified in section 1885a or 1885b of this title to
study and prepare for careers in science, technology, engineering, and mathematics, including programs that provide for mentoring for
such individuals. The Director shall carry out
evaluations based on the metrics developed and
report to Congress annually on the findings and
conclusions of the evaluations.
(Pub. L. 110–69, title VII, § 7031(b), Aug. 9, 2007,
121 Stat. 711.)
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–12. Hispanic-serving institutions undergraduate program
(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 (as defined in section 1101a of title 20) to
enhance the quality of undergraduate science,
technology, engineering, and mathematics education at such institutions and to increase the
retention and graduation rates of students pursuing associate’s or baccalaureate degrees in
science, technology, engineering, and mathematics.
(b) Program components
Grants awarded under this section shall support—
(1) activities to improve courses and curriculum in science, technology, engineering, and
mathematics;
(2) faculty development;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(3) stipends for undergraduate students participating in research; and
(4) other activities consistent with subsection (a), as determined by the Director.
(c) Instrumentation
Funding for instrumentation is an allowed use
of grants awarded under this section.
(Pub. L. 110–69, title VII, § 7033, Aug. 9, 2007, 121
Stat. 711.)
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–13. Professional science master’s degree
programs
(a) Clearinghouse
(1) Development
The Director shall establish a clearinghouse,
in collaboration with 4-year institutions of
higher education (including applicable graduate schools and academic departments), and
industries and Federal agencies that employ
science-trained personnel, to share program
elements used in successful professional
science master’s degree programs and other
advanced degree programs related to science,
technology, engineering, and mathematics.
(2) Availability
The Director shall make the clearinghouse
of program elements developed under paragraph (1) available to institutions of higher
education that are developing professional
science master’s degree programs.
(b) Programs
(1) Programs authorized
The Director shall award grants to 4-year institutions of higher education to facilitate the
institutions’ creation or improvement of professional science master’s degree programs
that may include linkages between institutions of higher education and industries that
employ science-trained personnel, with an emphasis on practical training and preparation
for the workforce in high-need fields.
(2) Application
A 4-year institution of higher education desiring a grant under this section shall submit
an application to the Director at such time, in
such manner, and accompanied by such information as the Director may require. The application shall include—
(A) a description of the professional
science master’s degree program that the institution of higher education will implement;
(B) a description of how the professional
science master’s degree program at the institution of higher education will produce

§ 1862o–13

individuals for the workforce in high-need
fields;
(C) the amount of funding from non-Federal sources, including from private industries, that the institution of higher education shall use to support the professional
science master’s degree program; and
(D) an assurance that the institution of
higher education shall encourage students in
the professional science master’s degree program to apply for all forms of Federal assistance available to such students, including
applicable graduate fellowships and student
financial assistance under titles IV and VII
of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq., 1133 et seq. [and 42 U.S.C.
2751 et seq.]).
(3) Preferences
The Director shall give preference in making
awards to 4-year institutions of higher education seeking Federal funding to create or
improve professional science master’s degree
programs, to those applicants—
(A) located in States with low percentages
of citizens with graduate or professional degrees, as determined by the Bureau of the
Census, that demonstrate success in meeting
the unique needs of the corporate, non-profit, and government communities in the
State, as evidenced by providing internships
for professional science master’s degree students or similar partnership arrangements;
or
(B) that secure more than two-thirds of
the funding for such professional science
master’s degree programs from sources other
than the Federal Government.
(4) Number of grants; time period of grants
(A) Number of grants
Subject to the availability of appropriated
funds, the Director shall award grants under
paragraph (1) to a maximum of 200 4-year institutions of higher education.
(B) Time period of grants
Grants awarded under this section shall be
for one 3-year term. Grants may be renewed
only once for a maximum of 2 additional
years.
(5) Evaluation and reports
(A) Development of performance benchmarks
Prior to the start of the grant program,
the Director, in collaboration with 4-year institutions of higher education (including applicable graduate schools and academic departments), and industries and Federal agencies that employ science-trained personnel,
shall develop performance benchmarks to
evaluate the pilot programs assisted by
grants under this section.
(B) Evaluation
For each year of the grant period, the Director, in consultation with 4-year institutions of higher education (including applicable graduate schools and academic departments), and industries and Federal agencies
that employ science-trained personnel, shall
complete an evaluation of each program as-

§ 1862o–14

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sisted by grants under this section. Any program that fails to satisfy the performance
benchmarks developed under subparagraph
(A) shall not be eligible for further funding.
(C) Report
Not later than 180 days after the completion of an evaluation described in subparagraph (B), the Director shall submit a report
to Congress that includes—
(i) the results of the evaluation; and
(ii) recommendations for administrative
and legislative action that could optimize
the effectiveness of the pilot programs, as
the Director determines to be appropriate.
(Pub. L. 110–69, title VII, § 7034, Aug. 9, 2007, 121
Stat. 712.)
REFERENCES IN TEXT
The Higher Education Act of 1965, referred to in subsec. (b)(2)(D), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219.
Title IV of the Act is classified generally to subchapter
IV (§ 1070 et seq.) of chapter 28 of Title 20, Education,
and part C (§ 2751 et seq.) of subchapter I of chapter 34
of this title. Title VII of the Act is classified generally
to subchapter VII (§ 1133 et seq.) of chapter 28 of Title
20. For complete classification of this Act to the Code,
see Short Title note set out under section 1001 of Title
20 and Tables.
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–14. Major research instrumentation
(a) Award amount
The minimum amount of an award under the
Major Research Instrumentation program shall
be $100,000. The maximum amount of an award
under the program shall be $4,000,000 except if
the total amount appropriated for the program
for a fiscal year exceeds $125,000,000, in which
case the maximum amount of an award shall be
$6,000,000.
(b) Use of funds
In addition to the acquisition of instrumentation and equipment, funds made available by
awards under the Major Research Instrumentation program may be used to support the operations and maintenance of such instrumentation
and equipment.
(c) Cost sharing
(1) In general
An institution of higher education receiving
an award under the Major Research Instrumentation program shall provide at least 30
percent of the cost from private or non-Federal sources.
(2) Exceptions
Institutions of higher education that are not
Ph.D.-granting institutions are exempt from

Page 4252

the cost sharing requirement in paragraph (1),
and the Director may reduce or waive the cost
sharing requirement for—
(A) institutions—
(i) that are not ranked among the top 100
institutions receiving Federal research
and development funding, as documented
by the statistical data published by the
Foundation; and
(ii) for which the proposed project will
make a substantial improvement in the institution’s capabilities to conduct leading
edge research, to provide research experiences for undergraduate students using
leading edge facilities, and to broaden the
participation in science and engineering
research by individuals identified in section 1885a or 1885b of this title; and
(B) consortia of institutions of higher education that include at least one institution
that is not a Ph.D.-granting institution.
(Pub. L. 110–69, title VII, § 7036, Aug. 9, 2007, 121
Stat. 714.)
CODIFICATION
Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862o–15. Limit on proposals
(a) Policy
For programs supported by the Foundation
that require as part of the selection process for
awards the submission of preproposals and that
also limit the number of preproposals that may
be submitted by an institution, the Director
shall allow the subsequent submission of a full
proposal based on each preproposal that is determined to have merit following the Foundation’s
merit review process.
(b) Review and assessment of policies
The Board shall review and assess the effects
on institutions of higher education of the policies of the Foundation regarding the imposition
of limitations on the number of proposals that
may be submitted by a single institution for
programs supported by the Foundation. The
Board shall determine whether current policies
are well justified and appropriate for the types
of programs that limit the number of proposal
submissions. Not later than 1 year after August
9, 2007, the Board shall summarize the Board’s
findings and any recommendations regarding
changes to the current policy on the restriction
of proposal submissions in a report to the Committee on Science and Technology of the House
of Representatives and to the Committee on
Commerce, Science, and Transportation and the
Committee on Health, Education, Labor, and
Pensions of the Senate.
(Pub. L. 110–69, title VII, § 7037, Aug. 9, 2007, 121
Stat. 714.)

Page 4253

TITLE 42—THE PUBLIC HEALTH AND WELFARE
CODIFICATION

Section was enacted as part of the America COMPETES Act, also known as the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, and not as
part of the National Science Foundation Act of 1950
which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 7001 of Pub. L. 110–69, set out as a note under section 1862o of this title.

§ 1862p. National Center for Science and Engineering Statistics
(a) Establishment
There is established within the Foundation a
National Center for Science and Engineering
Statistics that shall serve as a central Federal
clearinghouse for the collection, interpretation,
analysis, and dissemination of objective data on
science, engineering, technology, and research
and development.
(b) Duties
In carrying out subsection (a) of this section,
the Director, acting through the Center shall—
(1) collect, acquire, analyze, report, and disseminate statistical data related to the
science and engineering enterprise in the
United States and other nations that is relevant and useful to practitioners, researchers,
policymakers, and the public, including statistical data on—
(A) research and development trends;
(B) the science and engineering workforce;
(C) United States competitiveness in
science, engineering, technology, and research and development; and
(D) the condition and progress of United
States STEM education;
(2) support research using the data it collects, and on methodologies in areas related to
the work of the Center; and
(3) support the education and training of researchers in the use of large-scale, nationally
representative data sets.
(c) Statistical reports
The Director or the National Science Board,
acting through the Center, shall issue regular,
and as necessary, special statistical reports on
topics related to the national and international
science and engineering enterprise such as the
biennial report required by section 1863(j)(1) of
this title on indicators of the state of science
and engineering in the United States.
(Pub. L. 111–358, title V, § 505, Jan. 4, 2011, 124
Stat. 4007.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definition of ‘‘STEM’’ as used in this section, see
section 2 of Pub. L. 111–358, set out as a note under section 6621 of this title.

§ 1862p–1

Pub. L. 111–358, title V, § 502, Jan. 4, 2011, 124 Stat.
4005, provided that: ‘‘In this subtitle [subtitle A
(§§ 501–527) of title V of Pub. L. 111–358, enacting this
section and sections 1862p–1 to 1862p–15 of this title,
amending sections 1862n–1a, 1862n–5, 1863, and 1869 of
this title, and enacting provisions set out as notes
under sections 1862p and 1869 of this title]:
‘‘(1) DIRECTOR.—The term ‘Director’ means the Director of the National Science Foundation.
‘‘(2) EPSCOR.—The term ‘EPSCoR’ means the
Experimental Program to Stimulate Competitive Research.
‘‘(3) 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).
‘‘(4) 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)).
‘‘(5) STATE.—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.
‘‘(6) 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.’’

§ 1862p–1. National Science Foundation manufacturing research and education
(a) Manufacturing research
The Director shall carry out a program to
award merit-reviewed, competitive grants to institutions of higher education to support fundamental research leading to transformative advances in manufacturing technologies, processes, and enterprises that will support United
States manufacturing through improved performance, productivity, sustainability, and competitiveness. Research areas may include—
(1) nanomanufacturing;
(2) manufacturing and construction machines and equipment, including robotics, automation, and other intelligent systems;
(3) manufacturing enterprise systems;
(4) advanced sensing and control techniques;
(5) materials processing; and
(6) information technologies for manufacturing, including predictive and real-time models
and simulations, and virtual manufacturing.
(b) Manufacturing education
In order to help ensure a well-trained manufacturing workforce, the Director shall award
grants to strengthen and expand scientific and
technical education and training in advanced
manufacturing, including through the Foundation’s Advanced Technological Education program.
(Pub. L. 111–358, title V, § 506, Jan. 4, 2011, 124
Stat. 4007.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,

§ 1862p–2

TITLE 42—THE PUBLIC HEALTH AND WELFARE

and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 502 of Pub. L. 111–358, set out as a note under section 1862p of this title.

§ 1862p–2. Partnerships for innovation
(a) In general
The Director shall carry out a program to
award merit-reviewed, competitive grants to institutions of higher education to establish and
to expand partnerships that promote innovation
and increase the impact of research by developing tools and resources to connect new scientific
discoveries to practical uses.
(b) Partnerships
(1) In general
To be eligible for funding under this section,
an institution of higher education must propose establishment of a partnership that—
(A) includes at least one private sector entity; and
(B) may include other institutions of higher education, public sector institutions, private sector entities, and nonprofit organizations.
(2) Priority
In selecting grant recipients under this section, the Director shall give priority to partnerships that include one or more institutions
of higher education and at least one of the following:
(A) A minority serving institution.
(B) A primarily undergraduate institution.
(C) A 2-year institution of higher education.
(c) Program
Proposals funded under this section shall
seek—
(1) to increase the impact of the most promising research at the institution or institutions of higher education that are members of
the partnership through knowledge transfer or
commercialization;
(2) to increase the engagement of faculty
and students across multiple disciplines and
departments, including faculty and students
in schools of business and other appropriate
non-STEM fields and disciplines in knowledge
transfer activities;
(3) to enhance education and mentoring of
students and faculty in innovation and entrepreneurship through networks, courses, and
development of best practices and curricula;
(4) to strengthen the culture of the institution or institutions of higher education to undertake and participate in activities related to
innovation and leading to economic or social
impact;
(5) to broaden the participation of all types
of institutions of higher education in activities to meet STEM workforce needs and promote innovation and knowledge transfer; and
(6) to build lasting partnerships with local
and regional businesses, local and State governments, and other relevant entities.
(d) Additional criteria
In selecting grant recipients under this section, the Director shall also consider the extent

Page 4254

to which the applicants are able to demonstrate
evidence of institutional support for, and commitment to—
(1) achieving the goals of the program as described in subsection (c);
(2) expansion to an institution-wide program
if the initial proposal is not for an institutionwide program; and
(3) sustaining any new innovation tools and
resources generated from funding under this
program.
(e) Limitation
No funds provided under this section may be
used to construct or renovate a building or
structure.
(Pub. L. 111–358, title V, § 508, Jan. 4, 2011, 124
Stat. 4008.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 2 of Pub. L. 111–358, set out as a note under section
6621 of this title, and section 502 of Pub. L. 111–358, set
out as a note under section 1862p of this title.

§ 1862p–3. Sustainable chemistry basic research
The Director shall establish a Green Chemistry Basic Research program to award competitive, merit-based grants to support research into
green and sustainable chemistry which will lead
to clean, safe, and economical alternatives to
traditional chemical products and practices. The
research program shall provide sustained support for green chemistry research, education,
and technology transfer through—
(1) merit-reviewed competitive grants to individual investigators and teams of investigators, including, to the extent practicable,
young investigators, for research;
(2) grants to fund collaborative research
partnerships among universities, industry, and
nonprofit organizations;
(3) symposia, forums, and conferences to increase outreach, collaboration, and dissemination of green chemistry advances and practices; and
(4) education, training, and retraining of undergraduate and graduate students and professional chemists and chemical engineers, including through partnerships with industry, in
green chemistry science and engineering.
(Pub. L. 111–358, title V, § 509, Jan. 4, 2011, 124
Stat. 4009.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.

Page 4255

TITLE 42—THE PUBLIC HEALTH AND WELFARE
DEFINITIONS

For definitions of terms used in this section, see section 502 of Pub. L. 111–358, set out as a note under section 1862p of this title.

§ 1862p–4. Undergraduate broadening participation program
The Foundation shall continue to support the
Historically Black Colleges and Universities Undergraduate Program, the Louis Stokes Alliances for Minority Participation program, the
Tribal Colleges and Universities Program, and
Hispanic-serving institutions as separate programs.
(Pub. L. 111–358, title V, § 512, Jan. 4, 2011, 124
Stat. 4011.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 502 of Pub. L. 111–358, set out as a note under section 1862p of this title.

§ 1862p–5. Research experiences for high school
students
The Director shall permit specialized STEM
high schools conducting research to participate
in major data collection initiatives from universities, corporations, or government labs under a
research grant from the Foundation, as part of
the research proposal.
(Pub. L. 111–358, title V, § 513, Jan. 4, 2011, 124
Stat. 4011.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 2 of Pub. L. 111–358, set out as a note under section
6621 of this title, and section 502 of Pub. L. 111–358, set
out as a note under section 1862p of this title.

§ 1862p–6. Research experiences for undergraduates
(a) Research sites
The Director shall award grants, on a meritreviewed, competitive basis, to institutions of
higher education, nonprofit organizations, or
consortia of such institutions and organizations,
for sites designated by the Director to provide
research experiences for 6 or more undergraduate STEM students for sites designated at primarily undergraduate institutions of higher
education and 10 or more undergraduate STEM

§ 1862p–7

students for all other sites, with consideration
given to the goal of promoting the participation
of individuals identified in section 1885a or 1885b
of this title. The Director shall ensure that—
(1) at least half of the students participating
in a program funded by a grant under this subsection at each site shall be recruited from institutions of higher education where research
opportunities in STEM are limited, including
2-year institutions;
(2) the awards provide undergraduate research experiences in a wide range of STEM
disciplines;
(3) the awards support a variety of projects,
including
independent
investigator-led
projects, interdisciplinary projects, and multiinstitutional
projects
(including
virtual
projects);
(4) students participating in each program
funded have mentors, including during the
academic year to the extent practicable, to
help connect the students’ research experiences to the overall academic course of study
and to help students achieve success in courses
of study leading to a baccalaureate degree in
a STEM field;
(5) mentors and students are supported with
appropriate salary or stipends; and
(6) student participants are tracked, for employment and continued matriculation in
STEM fields, through receipt of the undergraduate degree and for at least 3 years thereafter.
(b) Inclusion of undergraduates in standard research grants
The Director shall require that every recipient
of a research grant from the Foundation proposing to include 1 or more students enrolled in certificate, associate, or baccalaureate degree programs in carrying out the research under the
grant shall request support, including stipend
support, for such undergraduate students as part
of the research proposal itself rather than as a
supplement to the research proposal, unless
such undergraduate participation was not foreseeable at the time of the original proposal.
(Pub. L. 111–358, title V, § 514, Jan. 4, 2011, 124
Stat. 4011.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 2 of Pub. L. 111–358, set out as a note under section
6621 of this title, and section 502 of Pub. L. 111–358, set
out as a note under section 1862p of this title.

§ 1862p–7. STEM industry internship programs
(a) In general
The Director may award grants, on a competitive, merit-reviewed basis, to institutions of
higher education, or consortia thereof, to establish or expand partnerships with local or re-

§ 1862p–8

TITLE 42—THE PUBLIC HEALTH AND WELFARE

gional private sector entities, for the purpose of
providing undergraduate students with integrated internship experiences that connect private sector internship experiences with the students’ STEM coursework. The partnerships may
also include industry or professional associations.
(b) Internship program
The grants awarded under subsection (a) may
include internship programs in the manufacturing sector.
(c) Use of grant funds
Grants under this section may be used—
(1) to develop and implement hands-on learning opportunities;
(2) to develop curricula and instructional
materials related to industry, including the
manufacturing sector;
(3) to perform outreach to secondary
schools;
(4) to develop mentorship programs for students with partner organizations; and
(5) to conduct activities to support awareness of career opportunities and skill requirements.
(d) Priority
In awarding grants under this section, the Director shall give priority to institutions of higher education or consortia thereof that demonstrate significant outreach to and coordination with local or regional private sector entities and Regional Centers for the Transfer of
Manufacturing Technology established by section 278k(a) of title 15 in developing academic
courses designed to provide students with the
skills or certifications necessary for employment in local or regional companies.
(c) Outreach to rural communities
The Foundation shall conduct outreach to institutions of higher education and private sector
entities in rural areas to encourage those entities to participate in partnerships under this
section.
(d) Cost-share
The Director shall require a 50 percent nonFederal cost-share from partnerships established
or expanded under this section.
(e) Restriction
No Federal funds provided under this section
may be used—
(1) for the purpose of providing stipends or
compensation to students for private sector
internships unless private sector entities
match 75 percent of such funding; or
(2) as payment or reimbursement to private
sector entities, except for institutions of higher education.
(f) Report
Not less than 3 years after January 4, 2011, the
Director shall submit a report to Congress on
the number and total value of awards made
under this section, the number of students affected by those awards, any evidence of the effect of those awards on workforce preparation
and jobs placement for participating students,
and an economic and ethnic breakdown of the
participating students.

Page 4256

(Pub. L. 111–358, title V, § 515, Jan. 4, 2011, 124
Stat. 4012.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 2 of Pub. L. 111–358, set out as a note under section
6621 of this title, and section 502 of Pub. L. 111–358, set
out as a note under section 1862p of this title.

§ 1862p–8. Cyber-enabled learning for national
challenges
The Director shall, in consultation with appropriate Federal agencies, identify ways to use
cyber-enabled learning to create an innovative
STEM workforce and to help retrain and retain
our existing STEM workforce to address national challenges, including national security
and competitiveness, and use technology to enhance or supplement laboratory based learning.
(Pub. L. 111–358, title V, § 516, Jan. 4, 2011, 124
Stat. 4012.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 2 of Pub. L. 111–358, set out as a note under section
6621 of this title, and section 502 of Pub. L. 111–358, set
out as a note under section 1862p of this title.

§ 1862p–9. Experimental Program to Stimulate
Competitive Research
(a) Findings
The Congress finds that—
(1) The National Science Foundation Act of
1950 [42 U.S.C. 1861 et seq.] stated, ‘‘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,’’;
(2) National Science Foundation funding remains highly concentrated, with 27 States and
2 jurisdictions, taken together, receiving only
about 10 percent of all NSF research funding;
each of these States received only a fraction of
one percent of Foundation’s research dollars
each year;
(3) the Nation requires the talent, expertise,
and research capabilities of all States in order
to prepare sufficient numbers of scientists and
engineers, remain globally competitive and
support economic development.

Page 4257

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(b) Continuation of program
The Director shall continue to carry out
EPSCoR, with the objective of helping the eligible States to develop the research infrastructure
that will make them more competitive for
Foundation and other Federal research funding.
The program shall continue to increase as the
National Science Foundation funding increases.
(c) Congressional reports
The Director shall report to the appropriate
committees of Congress on an annual basis,
using the most recent available data—
(1) the total amount made available, by
State, under EPSCoR;
(2) the amount of co-funding made available
to EPSCoR States;
(3) the total amount of National Science
Foundation funding made available to all institutions and entities within EPSCoR States;
and
(4) efforts and accomplishments to more
fully integrate the 29 EPSCoR jurisdictions in
major activities and initiatives of the Foundation.
(d) Coordination of EPSCoR and similar Federal
programs
(1) Another finding
The Congress finds that a number of Federal
agencies have programs, such as Experimental
Programs to Stimulate Competitive Research
and the National Institutes of Health Institutional Development Award program, designed
to increase the capacity for and quality of
science and technology research and training
at academic institutions in States that historically have received relatively little Federal research and development funding.
(2) Coordination required
The EPSCoR Interagency Coordinating Committee, chaired by the National Science Foundation, shall—
(A) coordinate EPSCoR and Federal
EPSCoR-like programs to maximize the impact of Federal support for building competitive research infrastructure, and in order to
achieve an integrated Federal effort;
(B) coordinate agency objectives with
State and institutional goals, to obtain continued non-Federal support of science and
technology research and training;
(C) develop metrics to assess gains in academic research quality and competitiveness,
and in science and technology human resource development;
(D) conduct a cross-agency evaluation of
EPSCoR and other Federal EPSCoR-like
programs and accomplishments, including
management, investment, and metric-measuring strategies implemented by the different agencies aimed to increase the number of new investigators receiving peer-reviewed funding, broaden participation, and
empower knowledge generation, dissemination, application, and national research and
development competitiveness;
(E) coordinate the development and implementation of new, novel workshops, outreach activities, and follow-up mentoring ac-

§ 1862p–9

tivities among EPSCoR or EPSCoR-like programs for colleges and universities in
EPSCoR States and territories in order to
increase the number of proposals submitted
and successfully funded and to enhance
statewide coordination of EPSCoR and Federal EPSCoR-like programs;
(F) coordinate the development of new, innovative solicitations and programs to facilitate collaborations, partnerships, and
mentoring activities among faculty at all
levels in non-EPSCoR and EPSCoR States
and jurisdictions;
(G) conduct an evaluation of the roles, responsibilities and degree of autonomy that
program officers or managers (or the equivalent position) have in executing EPSCoR
programs at the different Federal agencies
and the impacts these differences have on
the number of EPSCoR State and jurisdiction faculty participating in the peer review
process and the percentage of successful
awards by individual EPSCoR State jurisdiction and individual researcher; and
(H) conduct a survey of colleges and university faculty at all levels regarding their
knowledge and understanding of EPSCoR,
and their level of interaction with and
knowledge about their respective State or
Jurisdictional EPSCoR Committee.
(3) Meetings and reports
The Committee shall meet at least twice
each fiscal year and shall submit an annual report to the appropriate committees of Congress describing progress made in carrying out
paragraph (2).
(e) Federal agency reports
Each Federal agency that administers an
EPSCoR or Federal EPSCoR-like program shall
submit to the OSTP as part of its Federal budget submission—
(1) a description of the program strategy and
objectives;
(2) a description of the awards made in the
previous year, including—
(A) the percentage of reviewers and number of new reviewers from EPSCoR States;
(B) the percentage of new investigators
from EPSCoR States;
(C) the number of programs or large collaborator awards involving a partnership of
organizations and institutions from EPSCoR
and non-EPSCoR States; and
(3) an analysis of the gains in academic research quality and competitiveness, and in
science and technology human resource development, achieved by the program in the last
year.
(f) National Academy of Sciences study
(1) In general
The Director shall contract with the National Academy of Sciences to conduct a study
on all Federal agencies that administer an
Experimental Program to Stimulate Competitive Research or a program similar to the
Experimental Program to Stimulate Competitive Research.
(2) Matters to be addressed
The study conducted under paragraph (1)
shall include the following:

§ 1862p–10

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(A) A delineation of the policies of each
Federal agency with respect to the awarding
of grants to EPSCoR States.
(B) The effectiveness of each program.
(C) Recommendations for improvements
for each agency to achieve EPSCoR goals.
(D) An assessment of the effectiveness of
EPSCoR States in using awards to develop
science and engineering research and education, and science and engineering infrastructure within their States.
(E) Such other issues that address the effectiveness of EPSCoR as the National Academy of Sciences considers appropriate.
(Pub. L. 111–358, title V, § 517, Jan. 4, 2011, 124
Stat. 4013.)
REFERENCES IN TEXT
The National Science Foundation Act of 1950, referred
to in subsec. (a)(1), is act May 10, 1950, ch. 171, 64 Stat.
149, which is classified generally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1861 of this title
and Tables.
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 502 of Pub. L. 111–358, set out as a note under section 1862p of this title.

§ 1862p–10. Academic technology transfer and
commercialization of university research
(a) In general
Any institution of higher education (as such
term is defined in section 1001(a) 1 of title 20)
that receives National Science Foundation research support and has received at least
$25,000,000 in total Federal research grants in the
most recent fiscal year shall keep, maintain,
and report annually to the National Science
Foundation the universal record locator for a
public website that contains information concerning its general approach to and mechanisms
for transfer of technology and the commercialization of research results, including—
(1) contact information for individuals and
university offices responsible for technology
transfer and commercialization;
(2) information for both university researchers and industry on the institution’s technology licensing and commercialization strategies;
(3) success stories, statistics, and examples
of how the university supports commercialization of research results;
(4) technologies available for licensing by
the university where appropriate; and
(5) any other information deemed by the institution to be helpful to companies with the
potential to commercialize university inventions.
1 See

References in Text note below.

Page 4258

(b) NSF website
The National Science Foundation shall create
and maintain a website accessible to the public
that links to each website mentioned under (a).
(c) Trade secret information
Notwithstanding subsection (a), an institution
shall not be required to reveal confidential,
trade secret, or proprietary information on its
website.
(Pub. L. 111–358, title V, § 520, Jan. 4, 2011, 124
Stat. 4016.)
REFERENCES IN TEXT
Section 1001(a) of title 20, referred to in subsec. (a),
was in the original ‘‘section 101(A) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))’’, and was translated as reading ‘‘section 101(a)’’ of that Act, to reflect
the probable intent of Congress.
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.

§ 1862p–11. NSF grants in support of sponsored
post-doctoral fellowship programs
The Director of the National Science Foundation may utilize funds appropriated to carry out
grants to institutions of higher education (as
such term is defined in section 1001(a) of title 20)
to provide financial support for post-graduate
research in fields with potential commercial applications to match, in whole or in part, any private sector grant of financial assistance to any
post-doctoral program in such a field of study.
(Pub. L. 111–358, title V, § 522, Jan. 4, 2011, 124
Stat. 4017.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.

§ 1862p–12. Cloud computing research enhancement
(a) Research focus area
The Director may support a national research
agenda in key areas affected by the increased
use of public and private cloud computing, including—
(1) new approaches, techniques, technologies, and tools for—
(A) optimizing the effectiveness and efficiency of cloud computing environments;
and
(B) mitigating security, identity, privacy,
reliability, and manageability risks in
cloud-based environments, including as they
differ from traditional data centers;
(2) new algorithms and technologies to define, assess, and establish large-scale, trustworthy, cloud-based infrastructures;

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(3) models and advanced technologies to
measure, assess, report, and understand the
performance, reliability, energy consumption,
and other characteristics of complex cloud environments; and
(4) advanced security technologies to protect
sensitive or proprietary information in globalscale cloud environments.
(b) Establishment
(1) In general
Not later than 60 days after January 4, 2011,
the Director shall initiate a review and assessment of cloud computing research opportunities and challenges, including research areas
listed in subsection (a), as well as related issues such as—
(A) the management and assurance of data
that are the subject of Federal laws and regulations in cloud computing environments,
which laws and regulations exist on January
4, 2011;
(B) misappropriation of cloud services, piracy through cloud technologies, and other
threats to the integrity of cloud services;
(C) areas of advanced technology needed to
enable trusted communications, processing,
and storage; and
(D) other areas of focus determined appropriate by the Director.
(2) Unsolicited proposals
The Director may accept unsolicited proposals that review and assess the issues described
in paragraph (1). The proposals may be judged
according to existing criteria of the National
Science Foundation.
(c) Report
The Director shall provide an annual report
for not less than 5 consecutive years to Congress
on the outcomes of National Science Foundation
investments in cloud computing research, recommendations for research focus and program
improvements, or other related recommendations. The reports, including any interim findings or recommendations, shall be made publicly
available on the website of the National Science
Foundation.
(d) NIST support
The Director of the National Institute of
Standards and Technology shall—
(1) collaborate with industry in the development of standards supporting trusted cloud
computing infrastructures, metrics, interoperability, and assurance; and
(2) support standards development with the
intent of supporting common goals.
(Pub. L. 111–358, title V, § 524, Jan. 4, 2011, 124
Stat. 4018.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.

§ 1862p–14

DEFINITIONS
For definitions of terms used in this section, see section 502 of Pub. L. 111–358, set out as a note under section 1862p of this title.

§ 1862p–13. Tribal colleges and universities program
(a) In general
The Director shall continue to support a program to award grants on a competitive, meritreviewed basis to tribal colleges and universities
(as defined in section 1059c of title 20, including
institutions described in section 1059d of title
20), to enhance the quality of undergraduate
STEM education at such institutions and to increase the retention and graduation rates of Native American students pursuing associate’s or
baccalaureate degrees in STEM.
(b) Program components
Grants awarded under this section shall support—
(1) activities to improve courses and curriculum in STEM;
(2) faculty development;
(3) stipends for undergraduate students participating in research; and
(4) other activities consistent with subsection (a), as determined by the Director.
(c) Instrumentation
Funding provided under this section may be
used for laboratory equipment and materials.
(Pub. L. 111–358, title V, § 525, Jan. 4, 2011, 124
Stat. 4019.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 2 of Pub. L. 111–358, set out as a note under section
6621 of this title, and section 502 of Pub. L. 111–358, set
out as a note under section 1862p of this title.

§ 1862p–14. Broader Impacts Review Criterion
(a) Goals
The Foundation shall apply a Broader Impacts
Review Criterion to achieve the following goals:
(1) Increased economic competitiveness of
the United States.
(2) Development of a globally competitive
STEM workforce.
(3) Increased participation of women and
underrepresented minorities in STEM.
(4) Increased partnerships between academia
and industry.
(5) Improved pre-K–12 STEM education and
teacher development.
(6) Improved undergraduate STEM education.
(7) Increased public scientific literacy.
(8) Increased national security.
(b) Policy
Not later than 6 months after January 4, 2011,
the Director shall develop and implement a pol-

§ 1862p–15

TITLE 42—THE PUBLIC HEALTH AND WELFARE

icy for the Broader Impacts Review Criterion
that—
(1) provides for educating professional staff
at the Foundation, merit review panels, and
applicants for Foundation research grants on
the policy developed under this subsection;
(2) clarifies that the activities of grant recipients undertaken to satisfy the Broader Impacts Review Criterion shall—
(A) to the extent practicable employ proven strategies and models and draw on existing programs and activities; and
(B) when novel approaches are justified,
build on the most current research results;
(3) allows for some portion of funds allocated
to broader impacts under a research grant to
be used for assessment and evaluation of the
broader impacts activity;
(4) encourages institutions of higher education and other nonprofit education or research organizations to develop and provide,
either as individual institutions or in partnerships thereof, appropriate training and programs to assist Foundation-funded principal
investigators at their institutions in achieving
the goals of the Broader Impacts Review Criterion as described in subsection (a); and
(5) requires principal investigators applying
for Foundation research grants to provide evidence of institutional support for the portion
of the investigator’s proposal designed to satisfy the Broader Impacts Review Criterion, including evidence of relevant training, programs, and other institutional resources available to the investigator from either their
home institution or organization or another
institution or organization with relevant expertise.
(Pub. L. 111–358, title V, § 526, Jan. 4, 2011, 124
Stat. 4019.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 2 of Pub. L. 111–358, set out as a note under section
6621 of this title, and section 502 of Pub. L. 111–358, set
out as a note under section 1862p of this title.

§ 1862p–15. Twenty-first century graduate education
(a) In general
The Director shall award grants, on a competitive, merit-reviewed basis, to institutions of
higher education to implement or expand research-based reforms in master’s and doctoral
level STEM education that emphasize preparation for diverse careers utilizing STEM degrees,
including at diverse types of institutions of
higher education, in industry, and at government agencies and research laboratories.
(b) Uses of funds
Activities supported by grants under this section may include—

Page 4260

(1) creation of multidisciplinary or interdisciplinary courses or programs for the purpose of improved student instruction and research in STEM;
(2) expansion of graduate STEM research opportunities to include interdisciplinary research opportunities and research opportunities in industry, at Federal laboratories, and
at international research institutions or research sites;
(3) development and implementation of future faculty training programs focused on improved instruction, mentoring, assessment of
student learning, and support of undergraduate STEM students;
(4) support and training for graduate students to participate in instructional activities
beyond the traditional teaching assistantship,
and especially as part of ongoing educational
reform efforts, including at pre-K–12 schools,
and primarily undergraduate institutions;
(5) creation, improvement, or expansion of
innovative graduate programs such as science
master’s degree programs;
(6) development and implementation of seminars, workshops, and other professional development activities that increase the ability of
graduate students to engage in innovation,
technology transfer, and entrepreneurship;
(7) development and implementation of seminars, workshops, and other professional development activities that increase the ability of
graduate students to effectively communicate
their research findings to technical audiences
outside of their own discipline and to nontechnical audiences;
(8) expansion of successful STEM reform efforts beyond a single academic unit to other
STEM academic units within an institution or
to comparable academic units at other institutions; and
(9) research on teaching and learning of
STEM at the graduate level related to the proposed reform effort, including assessment and
evaluation of the proposed reform activities
and research on scalability and sustainability
of approaches to reform.
(c) Partnership
An institution of higher education may partner with one or more other nonprofit education
or research organizations, including scientific
and engineering societies, for the purposes of
carrying out the activities authorized under this
section.
(d) 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) in the case of applications that propose
an expansion of a previously implemented
reform effort at the applicant’s institution
or at other institutions, a description of the
previously implemented reform effort;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(C) evidence of institutional support for,
and commitment to, the proposed reform effort, including long-term commitment to
implement successful strategies from the
current reform effort beyond the academic
unit or units included in the grant proposal
or to disseminate successful strategies to
other institutions; and
(D) a description of the plans for assessment and evaluation of the grant proposed
reform activities.
(2) Review of applications
In selecting grant recipients under this section, the Director shall consider at a minimum—
(A) the likelihood of success in undertaking the proposed effort at the institution
submitting the application, including 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
or units;
(B) the degree to which the proposed reform will contribute to change in institutional culture and policy such that a greater
value is placed on preparing graduate students for diverse careers utilizing STEM degrees;
(C) the likelihood that the institution will
sustain or expand the reform beyond the period of the grant; and
(D) the degree to which scholarly assessment and evaluation plans are included in
the design of the reform effort.
(Pub. L. 111–358, title V, § 527, Jan. 4, 2011, 124
Stat. 4020.)
CODIFICATION
Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the
America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, and also as part of the National Science Foundation Authorization Act of 2010,
and not as part of the National Science Foundation Act
of 1950 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 2 of Pub. L. 111–358, set out as a note under section
6621 of this title, and section 502 of Pub. L. 111–358, set
out as a note under section 1862p of this title.

§ 1863. National Science Board
(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

§ 1863

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

§ 1863

TITLE 42—THE PUBLIC HEALTH AND WELFARE

of a staff consisting of professional staff members, technical and professional personnel on
leave of absence from academic, industrial, or
research institutions for a limited term, and
such operations and support 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 and limited term technical and professional personnel
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 such title relating to classification, and shall be compensated at a rate not exceeding the maximum rate payable under section 5376 of such title, 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. Section 1873(a)(3) of this
title shall apply to each limited term appointment of technical and professional personnel
under this subsection. 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 and
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 and
the Congress reports on specific, individual policy matters within the authority of the Foundation (or otherwise as requested by the Congress
or the President) 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.
(May 10, 1950, ch. 171, § 4, 64 Stat. 150; Pub. L.
86–232, § 2, Sept. 8, 1959, 73 Stat. 467; Pub. L.

Page 4262

86–507, § 1(36), June 11, 1960, 74 Stat. 202; Pub. L.
90–407, § 2, July 18, 1968, 82 Stat. 361; Pub. L.
94–273, § 11(3), Apr. 21, 1976, 90 Stat. 378; Pub. L.
94–282, title V, § 503, May 11, 1976, 90 Stat. 473;
Pub. L. 94–471, § 9, Oct. 11, 1976, 90 Stat. 2057; Pub.
L. 95–99, § 12(b), formerly § 14(b), Aug. 15, 1977, 91
Stat. 835, renumbered § 12(b), Pub. L. 99–159, title
I, § 109(h), Nov. 22, 1985, 99 Stat. 890; Pub. L.
96–516, § 21(a), Dec. 12, 1980, 94 Stat. 3010; Pub. L.
97–375, title II, § 214, Dec. 21, 1982, 96 Stat. 1826;
Pub. L. 99–159, title I, §§ 109(a), 110(a)(12), Nov. 22,
1985, 99 Stat. 889, 891; Pub. L. 100–570, title I,
§§ 105(a), 108, Oct. 31, 1988, 102 Stat. 2868, 2869;
Pub. L. 105–207, title II, § 202(a)(1), July 29, 1998,
112 Stat. 873; Pub. L. 107–368, § 15(a)(1), (c), Dec.
19, 2002, 116 Stat. 3058, 3059; Pub. L. 110–69, title
VII, §§ 7015(b), 7016, Aug. 9, 2007, 121 Stat. 683, 684;
Pub. L. 111–358, title V, § 504(a), (b), Jan. 4, 2011,
124 Stat. 4006.)
REFERENCES IN TEXT
The Ethics in Government Act of 1978, referred to in
subsec. (l), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824.
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, § 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.
AMENDMENTS
2011—Subsec. (g). Pub. L. 111–358, § 504(a), struck out
‘‘not more than 5’’ before ‘‘professional staff members’’.
Subsec. (j)(2). Pub. L. 111–358, § 504(b), inserted ‘‘within the authority of the Foundation (or otherwise as requested by the Congress or the President)’’ after ‘‘individual policy matters’’.
2007—Subsec. (g). Pub. L. 110–69, § 7015(b), amended
subsec. (g) generally. Prior to amendment, subsec. (g)
related to the appointment of a Board staff of not more
than five professional staff members and any necessary
clerical staff members and the compensation and security requirements for such staff.
Subsec. (j). Pub. L. 110–69, § 7016, substituted ‘‘President and’’ for ‘‘President, for submission to’’ in par. (1)
and for ‘‘President for submission to’’ in par. (2).
2002—Subsec. (e). Pub. L. 107–368, § 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, § 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, § 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, § 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, § 108, added subsec.
(k) relating to requirement of Board members to file financial disclosure report.
Pub. L. 100–570, § 105(a), added subsec. (k) relating to
closed meetings.
1985—Subsec. (c). Pub. L. 99–159, § 110(a)(12), inserted
‘‘and engineering’’, ‘‘and engineers’’, and ‘‘the National

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Academy
of
Engineering,’’
and
inserted
‘‘, engineering,’’ after ‘‘other scientific’’.
Subsec. (e). Pub. L. 99–159, § 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, § 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, § 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

§ 1864

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.
REFERENCES TO MAXIMUM RATE UNDER 5 U.S.C. 5376
Except as otherwise provided, reference to maximum
rate under section 5376 of Title 5, Government Organization and Employees, before first day of first pay period beginning on or after 180th day after Oct. 8, 2008,
considered reference to basic pay rate for level IV of
Executive Schedule (5 U.S.C. 5315) and reference to
maximum rate on or after first day of first pay period
beginning on or after 180th day after Oct. 8, 2008, considered reference to basic pay rate for level III of Executive Schedule (5 U.S.C. 5314), or for level II of the Executive Schedule (5 U.S.C. 5313) for certain employees,
see section 2(d)(3) of Pub. L. 110–372, set out as an Effective Date of 2008 Amendment note under section 5376 of
Title 5.
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 2year 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.

§ 1864. Director of Foundation
(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.

§ 1864

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
(May 10, 1950, ch. 171, § 5, 64 Stat. 151; Pub. L.
86–232, § 3, Sept. 8, 1959, 73 Stat. 467; Pub. L.
90–407, § 3, July 18, 1968, 82 Stat. 362; Pub. L.
99–159, title I, § 109(b), Nov. 22, 1985, 99 Stat. 889;
Pub. L. 103–437, § 15(c)(1), Nov. 2, 1994, 108 Stat.
4591; Pub. L. 105–207, title II, § 202(a)(2), July 29,
1998, 112 Stat. 873.)
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

Page 4264

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 oddnumbered 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.
CHANGE OF NAME
Committee on Labor and Human Resources of Senate
changed to Committee on Health, Education, Labor,
and Pensions of Senate by Senate Resolution No. 20,
One Hundred Sixth Congress, Jan. 19, 1999.
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.
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.
TRANSFER OF FUNCTIONS
Authority of Director of National Science Foundation, from time to time, to make appropriate provi-

Page 4265

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sions 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.
STUDY ON RESEARCH AND DEVELOPMENT FUNDING DATA
DISCREPANCIES
Pub. L. 107–368, § 25, Dec. 19, 2002, 116 Stat. 3067, required the Director of the National Science Foundation
to enter into an 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 and to submit a report on the
results of the study to committees of Congress within
one year after Dec. 19, 2002, and required the Director
of the Office of Science and Technology Policy to submit to those committees a plan for implementation of
the recommendations of the study, within 6 months
after the completion of the study.
RESEARCH PURPOSES OF GRANTS; BRIEF STATEMENT IN
TITLES
Pub. L. 96–516, § 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, § 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, § 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 Founda-

§ 1864a

tion 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, § 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, § 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.

§ 1864a. Deputy Director of the Foundation
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.
(May 10, 1950, ch. 171, § 6, as added Pub. L. 90–407,
§ 4, July 18, 1968, 82 Stat. 363; amended Pub. L.
99–383, § 7(b)(1), Aug. 21, 1986, 100 Stat. 814.)
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

§ 1865

TITLE 42—THE PUBLIC HEALTH AND WELFARE

of the Foundation, see section 16 of Pub. L. 90–407, set
out as a note under section 1862 of this title.

§ 1865. Executive Committee
(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.
(May 10, 1950, ch. 171, § 7, formerly § 6, 64 Stat.
151; Pub. L. 86–232, § 4, Sept. 8, 1959, 73 Stat. 467;
renumbered and amended Pub. L. 90–407, §§ 4, 5,
July 18, 1968, 82 Stat. 363, 364.)
AMENDMENTS
1968—Subsec. (a). Pub. L. 90–407, § 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, § 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, § 5, redesignated former
subsec. (b)(2)(A) as (c) and substituted ‘‘Any person

Page 4266

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, § 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.
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.
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.

§ 1866. Divisions within Foundation
There shall be within the Foundation such Divisions as the Director, in consultation with the
Board, may from time to time determine.
(May 10, 1950, ch. 171, § 8, formerly § 7, 64 Stat.
152; renumbered § 8 and amended Pub. L. 90–407,
§§ 4, 6, July 18, 1968, 82 Stat. 363, 364.)
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, § 4, July 18, 1968, 82 Stat. 363.
AMENDMENTS
1968—Pub. L. 90–407, § 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, § 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.

§ 1867. Repealed. Pub. L. 90–407, § 4, July 18, 1968,
82 Stat. 363
Section, act May 10, 1950, ch. 171, § 8, 64 Stat. 152, authorized a committee for each division of the Founda-

Page 4267

TITLE 42—THE PUBLIC HEALTH AND WELFARE

tion, 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.

§ 1868. Special commissions
(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.
(May 10, 1950, ch. 171, § 9, 64 Stat. 152; Pub. L.
90–407, § 7, July 18, 1968, 82 Stat. 364; Pub. L.
99–159, title I, § 109(d), Nov. 22, 1985, 99 Stat. 889.)
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.

§ 1869. Scholarships and graduate fellowships
(a) In general
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 con-

§ 1869

tained 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.
(b) Amount
The Director shall establish for each year the
amount to be awarded for scholarships and fellowships under this section for that year. Each
such scholarship and fellowship shall include a
cost of education allowance of $12,000, subject to
any restrictions on the use of cost of education
allowance as determined by the Director.
(May 10, 1950, ch. 171, § 10, 64 Stat. 152; Pub. L.
86–232, § 5, Sept. 8, 1959, 73 Stat. 468; Pub. L.
86–550, June 29, 1960, 74 Stat. 256; Pub. L. 87–835,
§ 2, Oct. 16, 1962, 76 Stat. 1070; Pub. L. 90–407, § 8,
July 18, 1968, 82 Stat. 364; Pub. L. 99–159, title I,
§ 110(a)(13), Nov. 22, 1985, 99 Stat. 891; Pub. L.
99–383, § 7(c), Aug. 21, 1986, 100 Stat. 814; Pub. L.
101–589, title III, § 302(c), Nov. 16, 1990, 104 Stat.
2895; Pub. L. 111–358, title V, § 510(d), Jan. 4, 2011,
124 Stat. 4010.)
AMENDMENTS
2011—Pub. L. 111–358 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).
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’’.
GRADUATE STUDENT SUPPORT
Pub. L. 111–358, title V, § 510(a), (b), Jan. 4, 2011, 124
Stat. 4010, provided that:
‘‘(a) FINDING.—The Congress finds that—
‘‘(1) the Integrative Graduate Education and Research Traineeship program is an important program
for training the next generation of scientists and engineers in team-based interdisciplinary research and
problem solving, and for providing them with the
many additional skills, such as communication
skills, needed to thrive in diverse STEM careers; and
‘‘(2) the Integrative Graduate Education and Research Traineeship program is no less valuable to the
preparation and support of graduate students than
the Foundation’s Graduate Research Fellowship program.
‘‘(b) EQUAL TREATMENT OF IGERT AND GRF.—Beginning in fiscal year 2011, the Director shall increase or,
if necessary, decrease funding for the Foundation’s Integrative Graduate Education and Research Traineeship program (or any program by which it is replaced)
at least at the same rate as it increases or decreases

§ 1869a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

funding for the Graduate Research Fellowship program.’’
[For definitions of terms used in section 510(a), (b) of
Pub. L. 111–358, set out above, see section 2 of Pub. L.
111–358, set out as a note under section 6621 of this title,
and section 502 of Pub. L. 111–358, set out as a note
under section 1862p 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.

§ 1869a. Contracts for precollege science or engineering curriculum development activities;
inspection of materials by parent or guardian
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.
(Pub. L. 94–86, § 2(b), Aug. 9, 1975, 89 Stat. 428;
Pub. L. 99–159, title I, § 110(b), Nov. 22, 1985, 99
Stat. 892.)
CODIFICATION
Section was not enacted as part of the National
Science Foundation Act of 1950 which comprises this
chapter.
AMENDMENTS
1985—Pub. L. 99–159 inserted ‘‘or engineering’’ after
‘‘science’’ in three places.

§ 1869b. Issuance of instructions to grantees of
pre-college curriculum projects
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 respon-

Page 4268

sible for the schools prior to the involvement of
such students.
(Pub. L. 95–99, § 8, formerly § 9, Aug. 15, 1977, 91
Stat. 833; renumbered § 8, Pub. L. 99–159, title I,
§ 109(h), Nov. 22, 1985, 99 Stat. 890.)
CODIFICATION
Section was not enacted as part of the National
Science Foundation Act of 1950 which comprises this
chapter.

§ 1869c. Low-income scholarship program
(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, computer science, or
other technology and science programs designated by the Director.
(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 $10,000 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

Page 4269

TITLE 42—THE PUBLIC HEALTH AND WELFARE

1356(s)(3) of title 8. The Director may use no
more than 50 percent of such funds for undergraduate programs for curriculum development,
professional and workforce development, and to
advance technological education. Funds for
these other programs may be used for purposes
other than scholarships.
(5) Federal Register
Not later than 60 days after December 8, 2004,
the Director shall publish in the Federal Register a list of eligible programs of study.
(Pub. L. 105–277, div. C, title IV, § 414(d), Oct. 21,
1998, 112 Stat. 2681–653; Pub. L. 106–313, title I,
§ 110(b), Oct. 17, 2000, 114 Stat. 1256; Pub. L.
108–447, div. J, title IV, § 429, Dec. 8, 2004, 118
Stat. 3360.)
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.
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.
AMENDMENTS
2004—Par. (2)(A)(iii). Pub. L. 108–447, § 429(a), substituted ‘‘computer science, or other technology and
science programs designated by the Director’’ for ‘‘or
computer science’’.
Par. (3). Pub. L. 108–447, § 429(b), substituted ‘‘$10,000
per year’’ for ‘‘$3,125 per year’’.
Par. (4). Pub. L. 108–447, § 429(c), inserted at end ‘‘The
Director may use no more than 50 percent of such funds
for undergraduate programs for curriculum development, professional and workforce development, and to
advance technological education. Funds for these other
programs may be used for purposes other than scholarships.’’
Par. (5). Pub. L. 108–447, § 429(d), added par. (5).
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.’’
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–447 effective 90 days after
Dec. 8, 2004, see section 430(a) of Pub. L. 108–447, set out
as a note under section 1182 of Title 8, Aliens and Nationality.

§ 1870. General authority of Foundation
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

§ 1870

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 6101 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, except that funds may be donated for specific prize competitions for ‘‘basic
research’’ as defined in the Office of Management and Budget Circular No. A–11;
(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.
(May 10, 1950, ch. 171, § 11, 64 Stat. 153; Pub. L.
86–232, § 6, Sept. 8, 1959, 73 Stat. 468; Pub. L.
90–407, § 9, July 18, 1968, 82 Stat. 365; Pub. L.
99–159, title I, § 110(a)(14), Nov. 22, 1985, 99 Stat.
891; Pub. L. 99–383, § 7(d), Aug. 21, 1986, 100 Stat.
814; Pub. L. 110–69, title VII, § 7023, Aug. 9, 2007,
121 Stat. 686.)

§ 1870a

TITLE 42—THE PUBLIC HEALTH AND WELFARE
CODIFICATION

In subsec. (c), ‘‘section 6101 of title 41’’ substituted for
‘‘section 3709 of the Revised Statutes’’ on authority of
Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which
Act enacted Title 41, Public Contracts.
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, § 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, § 2(b),
Oct. 22, 1968, 82 Stat. 1305, the first section of which enacted Title 44, Public Printing and Documents.
AMENDMENTS
2007—Subsec. (f). Pub. L. 110–69 inserted before semicolon at end ‘‘, except that funds may be donated for
specific prize competitions for ‘basic research’ as defined in the Office of Management and Budget Circular
No. A–11’’.
1986—Subsec. (k). Pub. L. 99–383 added subsec. (k).
1985—Subsecs. (c), (d). Pub. L. 99–159, § 110(a)(14)(A),
inserted references to engineering.
Subsec. (g). Pub. L. 99–159, § 110(a)(14)(B), (C), substituted ‘‘engineering’’ for ‘‘technical’’ and inserted
reference to engineering value.
Subsec. (i). Pub. L. 99–159, § 110(a)(14)(A), inserted applicability to engineering.
1968—Subsec. (c). Pub. L. 90–407, § 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, § 9(b), substituted ‘‘activities’’ for ‘‘research’’.
Subsec. (h). Pub. L. 90–407, § 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, § 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.

§ 1870a. Buy-American requirements
(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.

Page 4270

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).
(Pub. L. 100–570, title I, § 111, Oct. 31, 1988, 102
Stat. 2869.)
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 OF NAME
Committee on Labor and Human Resources of Senate
changed to Committee on Health, Education, Labor,
and Pensions of Senate by Senate Resolution No. 20,
One Hundred Sixth Congress, Jan. 19, 1999.
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. Committee on
Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007.

§ 1871. Disposition of inventions produced under
contracts or other arrangements
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.
(May 10, 1950, ch. 171, § 12, 64 Stat. 154; Pub. L.
99–159, title I, §§ 109(c), 110(a)(15), Nov. 22, 1985, 99
Stat. 889, 891.)
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.

§ 1872. International cooperation and coordination with foreign policy
(a) The Foundation is authorized to cooperate
in any international scientific or engineering
activities consistent with the purposes of this

Page 4271

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
(May 10, 1950, ch. 171, § 13, 64 Stat. 154; Pub.
86–232, § 7, Sept. 8, 1959, 73 Stat. 468; Pub.
90–407, § 10, July 18, 1968, 82 Stat. 365; Pub.
99–159, title I, § 110(a)(16), (17), Nov. 22, 1985,
Stat. 891.)

L.
L.
L.
99

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, § 21(b)(2), Dec. 12, 1980, 94 Stat. 3010.
AMENDMENTS
1985—Subsec. (a). Pub. L. 99–159, § 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, § 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’’.
1 So

in original. Probably should be ‘‘deems’’.
References in Text note below.

2 See

§ 1873

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.

§ 1872a. Repealed. Pub. L. 90–407, § 11(1), July 18,
1968, 82 Stat. 365
Section, act May 10, 1950, ch. 171, § 14, as added July
11, 1958, Pub. L. 85–510, § 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.

§ 1873. Employment of personnel
(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.
1 See

References in Text note below.

§ 1873

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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

Page 4272

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

Page 4273

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
(May 10, 1950, ch. 171, § 14, 64 Stat. 154; renumbered § 15, Pub. L. 85–510, § 2, July 11, 1958, 72
Stat. 353; amended Pub. L. 86–232, § 8, Sept. 8,
1959, 73 Stat. 469; renumbered § 14 and amended
Pub. L. 90–407, §§ 11(2), 12, July 18, 1968, 82 Stat.
365, 366; Pub. L. 91–120, § 3, Nov. 18, 1969, 83 Stat.
203; Pub. L. 95–99, § 12(c), formerly § 14(c), Aug. 15,
1977, 91 Stat. 835, renumbered § 12(c), Pub. L.
99–159, title I, § 109(h), Nov. 22, 1985, 99 Stat. 890;
Pub. L. 99–159, title I, §§ 109(e)(1), 110(a)(18), Nov.
22, 1985, 99 Stat. 889, 891; Pub. L. 100–570, title I,
§§ 106, 107, Oct. 31, 1988, 102 Stat. 2868, 2869; Pub.
L. 101–589, title II, § 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, § 2141(b), Dec. 21,
1995, 109 Stat. 731; Pub. L. 105–207, title II,
§ 202(a)(3), July 29, 1998, 112 Stat. 873; Pub. L.
107–368, § 15(b), Dec. 19, 2002, 116 Stat. 3058.)
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, § 503, May 11, 1976, 90 Stat. 473.
The General Schedule, referred to in subsec. (a)(1), is
set out under section 5332 of Title 5.
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

§ 1873

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, § 106, designated existing provisions as par. (1) and added pars. (2) and (3).
Subsec. (j). Pub. L. 100–570, § 107, added subsec. (j).
1985—Subsec. (b). Pub. L. 99–159, § 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, § 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, §§ 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, §§ 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, § 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, § 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, § 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, § 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, § 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, § 12, struck out ‘‘the divisional committees and’’ after ‘‘may serve as members
of’’.
Subsec. (f). Pub. L. 90–407, § 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) sub-

§ 1873a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

stituted ‘‘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, § 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, § 12, added subsec. (h).
Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 90–407, § 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.
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.
REFERENCES TO MAXIMUM RATE UNDER 5 U.S.C. 5376
Except as otherwise provided, reference to maximum
rate under section 5376 of Title 5, Government Organization and Employees, before first day of first pay period beginning on or after 180th day after Oct. 8, 2008,
considered reference to basic pay rate for level IV of
Executive Schedule (5 U.S.C. 5315) and reference to
maximum rate on or after first day of first pay period
beginning on or after 180th day after Oct. 8, 2008, considered reference to basic pay rate for level III of Executive Schedule (5 U.S.C. 5314), or for level II of the Executive Schedule (5 U.S.C. 5313) for certain employees,
see section 2(d)(3) of Pub. L. 110–372, set out as an Effective Date of 2008 Amendment note under section 5376 of
Title 5.

Page 4274

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 Committee on Health,
Education, Labor, and Pensions] 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.

EMPLOYMENT OF MINORITIES, WOMEN, AND HANDICAPPED INDIVIDUALS IN EXECUTIVE LEVEL POSITIONS

§ 1873a. Repealed. Pub. L. 99–159, title I, § 109(f),
Nov. 22, 1985, 99 Stat. 890

Pub. L. 94–471, § 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

Section, Pub. L. 95–99, § 10, Aug. 15, 1977, 91 Stat. 834;
amended Pub. L. 96–470, title I, § 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.

§ 1874. Security provisions
(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 ap-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

plicable. 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.
(May 10, 1950, ch. 171, § 15, 64 Stat. 156; Apr. 5,
1952, ch. 159, § 1, 66 Stat. 43; renumbered § 16, Pub.
L. 85–510, § 2, July 11, 1958, 72 Stat. 353; amended
Pub. L. 87–835, § 1, Oct. 16, 1962, 76 Stat. 1069; renumbered § 15 and amended Pub. L. 90–407,
§§ 11(2), 13, July 18, 1968, 82 Stat. 365, 366; Pub. L.
96–516, § 21(b), Dec. 12, 1980, 94 Stat. 3010; Pub. L.
99–159, title I, §§ 109(e)(2), 110(a)(19), Nov. 22, 1985,
99 Stat. 890, 891; Pub. L. 100–570, title I, § 105(b),
Oct. 31, 1988, 102 Stat. 2868; Pub. L. 105–207, title
II, § 202(a)(4), July 29, 1998, 112 Stat. 874.)
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, § 1, 68 Stat. 921, and amended, which is
classified principally to chapter 23 (§ 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.

§ 1875

Subsec. (b)(1). Pub. L. 90–407, § 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, § 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, § 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.

§ 1875. Appropriations
To enable the Foundation to carry out its
powers and duties, only such sums may be appropriated as the Congress may authorize by
law.

AMENDMENTS

(May 10, 1950, ch. 171, § 16, 64 Stat. 157; Aug. 8,
1953, ch. 377, 67 Stat. 488; renumbered § 17, Pub.
L. 85–510, § 2, July 11, 1958, 72 Stat. 353; renumbered § 16 and amended Pub. L. 90–407, §§ 11(2),
(14), July 18, 1968, 82 Stat. 365, 366; Pub. L. 96–516,
§ 21(c), Dec. 12, 1980, 94 Stat. 3010.)

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, §§ 109(e)(2),
110(a)(19)(A), substituted ‘‘engineering’’ for ‘‘technical’’
and ‘‘1873(f)’’ for ‘‘1873(g)’’.
Subsec. (b)(2). Pub. L. 99–159, § 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, § 13, substituted
‘‘1954’’ for ‘‘1946’’.

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, § 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.

AMENDMENTS

§§ 1876 to 1879

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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, § 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 5110 of Title 15, Commerce and
Trade.]
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.

§§ 1876 to 1879. Repealed. Pub. L. 99–383, § 11,
Aug. 21, 1986, 100 Stat. 817
Section 1876, Pub. L. 85–864, title IX, § 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, § 902, Sept. 2,
1958, 72 Stat. 1601; Pub. L. 90–407, § 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, § 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, § 904, Sept. 2,
1958, 72 Stat. 1602, authorized appropriations to carry
out programs of the Science Information Service and
the Science Information Council.

§ 1880. National Medal of Science
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.
(Pub. L. 86–209, § 1, Aug. 25, 1959, 73 Stat. 431.)
CODIFICATION
Section was not enacted as part of the National
Science Foundation Act of 1950 which comprises this
chapter.

Page 4276

§ 1881. Award of National Medal of Science
(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.
(Pub. L. 86–209, § 2, Aug. 25, 1959, 73 Stat. 431;
Pub. L. 96–516, § 22(a)(1), Dec. 12, 1980, 94 Stat.
3010.)
CODIFICATION
Section was not enacted as part of the National
Science Foundation Act of 1950 which comprises this
chapter.
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–516 inserted applicability
to behavioral and social sciences.
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—

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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

§ 1881

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.

§ 1881a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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, § 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, 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, 2005, by Ex.
Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, 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, 2007, by Ex.
Ord. No. 13385, § 1(j), Sept. 29, 2005, 70 F.R. 57989, 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, 2009, by Ex.
Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, 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, 2011, by Ex.
Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, set out as a
note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.

§ 1881a. Alan T. Waterman Award
(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.

Page 4278

(c) Number
Not more than three awards may be made
under this section in any one fiscal year.
(Pub. L. 94–86, § 6, Aug. 9, 1975, 89 Stat. 430; Pub.
L. 96–516, § 22(b), Dec. 12, 1980, 94 Stat. 3010; Pub.
L. 99–159, title I, § 109(g), Nov. 22, 1985, 99 Stat.
890; Pub. L. 105–207, title II, § 202(b), July 29, 1998,
112 Stat. 874; Pub. L. 110–69, title VII, § 7015(c),
Aug. 9, 2007, 121 Stat. 684.)
CODIFICATION
Section was enacted as part of the National Science
Foundation Authorization Act, 1976, and not as part of
the National Science Foundation Act of 1950 which
comprises this chapter.
AMENDMENTS
2007—Subsec. (c). Pub. L. 110–69 amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ‘‘No more than one award shall be made under
this section in any one fiscal year.’’
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’’.

§ 1881b. Presidential awards for teaching excellence
(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 se-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

lected under this subsection, and for special activities related to carrying out this subsection.
(Pub. L. 100–570, title I, § 117(a), Oct. 31, 1988, 102
Stat. 2872; Pub. L. 105–207, title II, § 202(c), July
29, 1998, 112 Stat. 874.)
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.
AMENDMENTS
1998—Par. (1)(B)(v). Pub. L. 105–207, § 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, § 202(c)(2), substituted
‘‘Education and Human Resources’’ for ‘‘Science and
Engineering Education’’.
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.

§ 1882. Information furnished to Congressional
committees
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.
(Pub. L. 96–44, § 9, Aug. 2, 1979, 93 Stat. 335; Pub.
L. 99–159, title I, § 109(i), Nov. 22, 1985, 99 Stat.
890; Pub. L. 103–437, § 15(c)(2), Nov. 2, 1994, 108
Stat. 4591.)
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.
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.
PRIOR PROVISIONS
Provisions similar to this section were contained in
the following prior authorization acts:
Pub. L. 95–434, § 7, Oct. 10, 1978, 92 Stat. 1050.
Pub. L. 95–99, § 11, formerly § 13, Aug. 15, 1977, 91 Stat.
835, renumbered § 11, Pub. L. 99–159, title I, § 109(h), Nov.
22, 1985, 99 Stat. 890.
Pub. L. 94–471, § 11, Oct. 11, 1976, 90 Stat. 2058.
Pub. L. 94–86, § 11, Aug. 9, 1975, 89 Stat. 431.
Pub. L. 93–413, § 7, Sept. 4, 1974, 88 Stat. 1095.
Pub. L. 93–96, § 9, Aug. 16, 1973, 87 Stat. 317.
Pub. L. 91–120, § 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 OF NAME
Committee on Labor and Human Resources of Senate
changed to Committee on Health, Education, Labor,

§ 1883

and Pensions of Senate by Senate Resolution No. 20,
One Hundred Sixth Congress, Jan. 19, 1999.
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. Committee on
Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007.

§ 1883. Office of Small Business Research and Development
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.
(Pub. L. 94–471, § 8, Oct. 11, 1976, 90 Stat. 2057;
Pub. L. 99–386, title I, § 108, Aug. 22, 1986, 100
Stat. 822.)
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.
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.
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.

§ 1884

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Page 4280

§ 1884. Repealed. Pub. L. 99–159, title I, § 109(h),
Nov. 22, 1985, 99 Stat. 890

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.

Section, Pub. L. 95–99, § 6, Aug. 15, 1977, 91 Stat. 833,
related to the establishment, etc., of the Resource Center for Science and Engineering.

SEVERABILITY OF SCIENCE AND ENGINEERING EQUAL
OPPORTUNITIES ACT

§ 1885. Congressional statement of findings and
declaration of policy respecting equal opportunities in science and engineering
(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.
(Pub. L. 96–516, § 32, Dec. 12, 1980, 94 Stat. 3010;
Pub. L. 99–159, title I, § 111(b)(2)–(5), Nov. 22, 1985,
99 Stat. 892; Pub. L. 107–368, § 16, Dec. 19, 2002, 116
Stat. 3059.)
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.
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–368, § 16(1), substituted
‘‘backgrounds, including persons with disabilities’’ for
‘‘backgrounds’’.
Subsec. (b). Pub. L. 107–368, § 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, § 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, § 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

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.

§ 1885a. Women in science and engineering; support of activities by Foundation for promotion, etc.
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 advance-

Page 4281

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ment 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.
(Pub. L. 96–516, § 33, Dec. 12, 1980, 94 Stat. 3011;
Pub. L. 99–159, title I, § 111(b)(6), Nov. 22, 1985, 99
Stat. 892.)
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.
AMENDMENTS
1985—Par. (1). Pub. L. 99–159, § 111(b)(6)(A), substituted
‘‘engineering’’ for ‘‘technology’’ and ‘‘technical’’ wherever appearing.
Par. (2). Pub. L. 99–159, § 111(b)(6)(A), (B), inserted
‘‘, engineering,’’ after ‘‘science’’, and substituted ‘‘engineering’’ for ‘‘technical’’.
Par. (3). Pub. L. 99–159, § 111(b)(6)(A), substituted ‘‘engineering fields’’ for ‘‘technical fields’’.
Par. (4). Pub. L. 99–159, § 111(b)(6)(A), substituted ‘‘engineering’’ for ‘‘technology’’ and ‘‘technical’’.
Par. (5). Pub. L. 99–159, § 111(b)(6)(C), inserted applicability to engineers.
Pars. (6), (7). Pub. L. 99–159, § 111(b)(6)(A), substituted
‘‘engineering’’ for ‘‘technology’’.
Par. (8). Pub. L. 99–159, § 111(b)(6)(C), inserted applicability to engineers.
Par. (10). Pub. L. 99–159, § 111(b)(6)(D), inserted applicability to engineering.
Par. (11). Pub. L. 99–159, § 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’.

§ 1885a

‘‘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 highranked 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

§ 1885a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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]).

Page 4282

‘‘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.

Page 4283

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(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

§ 1885a

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, § 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

§ 1885b

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.’’

§ 1885b. Participation in science and engineering
of minorities and persons with disabilities
(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.
(Pub. L. 96–516, § 34, Dec. 12, 1980, 94 Stat. 3012;
Pub. L. 99–159, title I, § 111(b)(7), Nov. 22, 1985, 99
Stat. 892; Pub. L. 105–207, title II, § 202(d)(1), July
29, 1998, 112 Stat. 874.)
CODIFICATION
Section was enacted as part of the Science and Engineering Equal Opportunities Act, and not as part of the

Page 4284

National Science Foundation Act of 1950 which comprises this chapter.
AMENDMENTS
1998—Pub. L. 105–207, § 202(d)(1)(A), substituted section catchline for former section catchline.
Subsec. (b). Pub. L. 105–207, § 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, § 111(b)(7), substituted ‘‘science and engineering education’’ for
‘‘science education’’ and ‘‘engineering’’ for ‘‘technology’’.
Subsec. (b). Pub. L. 99–159, § 111(b)(7)(B), substituted
‘‘engineering’’ for ‘‘technology’’.

§ 1885c. Committee on Equal Opportunities in
Science and Engineering
(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.

Page 4285

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 96–516, § 36, Dec. 12, 1980, 94 Stat. 3012;
Pub. L. 99–159, title I, § 111(b)(8), Nov. 22, 1985, 99
Stat. 893; Pub. L. 100–570, title I, § 105(c), Oct. 31,
1988, 102 Stat. 2868; Pub. L. 105–207, title II,
§ 202(d)(2), July 29, 1998, 112 Stat. 874.)
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.
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.
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–207, § 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, § 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, § 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, § 202(d)(2)(F), struck out
‘‘additional’’ after ‘‘organize such’’.
Pub. L. 105–207, § 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, § 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, § 111(b)(8)(A), substituted ‘‘Engineering’’ for ‘‘Technology’’ in section catchline.

§ 1885d

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, § 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, § 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 minorityserving 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.]

§ 1885d. Biennial reports
(a) By January 30 of each odd-numbered year,
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 con-

§ 1886

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Page 4286

ducted or federally supported research and
development; and
(E) the unemployment rate of individuals
seeking scientific and engineering positions;

not as part of the National Science Foundation Act of
1950 which comprises this chapter.

(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.

The National Science Foundation shall continue to collect statistically reliable data on the
field of degree of college-educated individuals to
fulfill obligations under section 1863(j)(1) of this
title and the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885 et. seq.). If the Director of the Foundation determines that there
is a legal impediment to the continued collection of this data, he shall inform the Committee
on Science of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate not later than 180
days after December 30, 2005.

(Pub. L. 96–516, § 37, Dec. 12, 1980, 94 Stat. 3013;
Pub. L. 99–159, title I, § 111(b)(9), Nov. 22, 1985, 99
Stat. 893; Pub. L. 108–360, title II, § 208, Oct. 25,
2004, 118 Stat. 1679.)
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.
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.
AMENDMENTS
2004—Subsec. (a). Pub. L. 108–360 substituted ‘‘By January 30 of each odd-numbered year’’ for ‘‘By January
30, 1982, and biennially thereafter’’.
1985—Subsec. (b)(1), (2). Pub. L. 99–159, § 111(b)(9)(A),
substituted ‘‘engineering’’ for ‘‘technical’’ wherever appearing.
Subsec. (b)(3). Pub. L. 99–159, § 111(b)(9)(B), substituted
‘‘Engineering’’ for ‘‘Technology’’.

§ 1886. Data collection and analysis
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.
(Pub. L. 99–159, title I, § 108, Nov. 22, 1985, 99 Stat.
888.)

§ 1886a. Data on specific fields of study

(Pub. L. 109–155, title VII, § 721, Dec. 30, 2005, 119
Stat. 2938.)
REFERENCES IN TEXT
The Science and Engineering Equal Opportunities
Act, referred to in text, is Part B of Pub. L. 96–516, Dec.
12, 1980, 94 Stat. 3010, as amended, 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.
CODIFICATION
Section, formerly classified to section 16831 of this
title, was transferred following the enactment of Title
51, National and Commercial Space Programs, by Pub.
L. 111–314.
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007.

§ 1887. Indemnification of grantees, contractors,
and subcontractors under ocean drilling program; approvals and certifications by Director
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.
(Pub. L. 99–160, title II, § 201, Nov. 25, 1985, 99
Stat. 922.)
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.
PRIOR PROVISIONS
Provisions similar to this section were contained in
the following prior appropriation act: Pub. L. 98–371,
title II, § 201, July 18, 1984, 98 Stat. 1228.

CHAPTER 16A—GRANTS FOR SUPPORT OF
SCIENTIFIC RESEARCH

CODIFICATION

§§ 1891, 1892. Repealed. Pub. L. 95–224, § 10(a),
Feb. 3, 1978, 92 Stat. 6

Section was enacted as part of the National Science
Foundation Authorization Act for Fiscal Year 1986, and

Section 1891, Pub. L. 85–934, § 1, Sept. 6, 1958, 72 Stat.
1793, authorized the head of each executive agency to