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42 U.S.C. § 1870 — General authority of Foundation

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim); **(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 exer

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Stable record: federal_law:legal_authorities:record_usc_336dd9d2f6920499d5ce65ce
Source file: Laws/federal/codes/united-states-code/title-42/section-1870-general-authority-of-foundation--33e3ec69d4.md
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Source location: Title 42, Chapter 16, § 1870; chapter-016-national-science-foundation.md

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The Foundation shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this chapter, including, but without being limited thereto, the authority— **(a)** to prescribe such rules and regulations as it deems necessary governing the manner of its operations and its organization and personnel; **(b)** to make such expenditures as may be necessary for administering the provisions of this chapter; **(c)** to enter into contracts or other arrangements, or modifications thereof, for the carrying on, by organizations or individuals in the United States and foreign countries, including other government agencies of the United States and of foreign countries, of such scientific or engineering activities as the Foundation deems necessary to carry out the purposes of this chapter, and, at the request of the Secretary of State or Secretary of Defense, specific scientific or engineering activities in connection with matters relating to international cooperation or national security, and, when deemed appropriate by the Foundation, such contracts or other arrangements, or modifications thereof may be entered into without legal consideration, without performance or other bonds, and without regard to [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim); **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section501&num=0&edition=prelim); **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim) 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; **(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 11 See References in Text note below. of title 10 with all approvals and certifications required by such indemnification made by the Director; and **(l)** to provide for the widest practicable and appropriate dissemination of information within the United States concerning the Foundation’s activities and the results of those activities.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3861 — Research and development contracts: indemnification provisions

**(a)** With the approval of the Secretary of the military department concerned, any contract of a military department for research or development, or both, may provide that the United States will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract and to the extent not compensated by insurance or otherwise: (1) Claims (including reasonable expenses of litigation or settlement) by third persons, including employees of the contractor, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous. (2) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous. **(b)** A contract, made under subsection (a), that provides for indemnification must also provide for— (1) notice to the United States of any claim or suit against the contractor for the death, bodily injury, or loss of or damage to property; and (2) control of or assistance in the defense by the United States, at its election, of that suit or claim. **(c)** No payment may be made under subsection (a) unless the Secretary of the department concerned, or an officer or official of his department designated by him, certifies that the amount is just and reasonable. **(d)** Upon approval by the Secretary concerned, payments under subsection (a) may be made from— (1) funds obligated for the performance of the contract concerned; (2) funds available for research or development, or both, and not otherwise obligated; or (3) funds appropriated for those payments.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3861

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1862s — Reaffirmation of merit-based peer review

**(a) Sense of Congress** It is the sense of Congress that— (1) sustained, predictable Federal funding of basic research is essential to United States leadership in science and technology; (2) the Foundation’s intellectual merit and broader impacts criteria are appropriate for evaluating grant proposals, as concluded by the 2011 National Science Board Task Force on Merit Review; (3) evaluating proposals on the basis of the Foundation’s intellectual merit and broader impacts criteria should be used to assure that the Foundation’s activities are in the national interest as these reviews can affirm that— (A) the proposals funded by the Foundation are of high quality and advance scientific knowledge; and (B) the Foundation’s grants address societal needs through basic research findings or through related activities; and (4) as evidenced by the Foundation’s contributions to scientific advancement, economic growth, human health, and national security, its peer review and merit review processes have identified and funded scientifically and societally relevant basic research and should be preserved. **(b) Merit review criteria** The Foundation shall maintain the intellectual merit and broader impacts criteria, among other specific criteria as appropriate, as the basis for evaluating grant proposals in the merit review process. **(c) Updates** If after January 6, 2017, a change is made to the merit-review process, the Director shall submit a report to the appropriate committees of Congress not later than 30 days after the date of the change.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1862s

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 6101 — Advertising requirement for Federal Government purchases and sales

**(a) Definitions.—** In this section— (1) **Appropriation.—** — The term “appropriation” includes amounts made available by legislation under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). (2) **Federal government.—** — The term “Federal Government” includes the government of the District of Columbia. **(b) Purchases.—** (1) **In general.—** — Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Federal Government may be made or entered into only after advertising for proposals for a sufficient time. (2) **Limitations on applicability.—** — Paragraph (1) does not apply when— (A) the amount involved in any one case does not exceed $25,000; (B) public exigencies require the immediate delivery of articles or performance of services; (C) only one source of supply is available and the Federal Government purchasing or contracting officer so certifies; or (D) services are required to be performed by a contractor in person and are— (i) of a technical and professional nature; or (ii) under Federal Government supervision and paid for on a time basis. **(c) Sales.—** Except when otherwise authorized by law or when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Federal Government are governed by the requirements of this section for advertising. **(d) Application to Wholly Owned Government Corporations.—** For wholly owned Government corporations, this section applies only to administrative transactions.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6101

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 501 — Government printing, binding, and blank-book work to be done at Government Publishing Office

All printing, binding, and blank-book work for Congress, the Executive Office, the Judiciary, other than the Supreme Court of the United States, and every executive department, independent office and establishment of the Government, shall be done at the Government Publishing Office, except— (1) classes of work the Joint Committee on Printing considers to be urgent or necessary to have done elsewhere; and (2) printing in field printing plants operated by an executive department, independent office or establishment, and the procurement of printing by an executive department, independent office or establishment from allotments for contract field printing, if approved by the Joint Committee on Printing. Printing or binding may be done at the Government Publishing Office only when authorized by law.

Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 501

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1869&num=0&edition=prelim), 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 i

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1862

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5703

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2354 — Renumbered § 3861]

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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2354

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 19117 — Authorities

In addition to existing authorities available to the Foundation, the Director may exercise the following authorities in carrying out the activities under this part: (1) **Awards** — In carrying out this part, the Director may provide awards in the form of grants, contracts, cooperative agreements, cash prizes, and other transactions. (2) **Program directors** (A) *Designation* — The Director may designate individuals to serve as program directors for the programs established within the Directorate pursuant to the responsibilities established under subparagraph (B). The Director shall ensure that program directors— (i) have expertise in one or more of the challenges and key technology focus areas under [section 19107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section19107&num=0&edition=prelim); and (ii) come from a variety of backgrounds, including industry, and from a variety of institutions of higher education. (B) *Responsibilities* — A program director of a program of the Directorate, in consultation with the Assistant Director, shall be responsible for— (i) establishing research and development goals for the program, including through the convening of workshops, conferring with a broad range of stakeholders and outside experts, taking into account relevant expert reports, and publicizing the goals of the program to the public and private sectors; (ii) surveying a wide range of institutions of higher education, nonprofit organizations, and private entities to identify emerging trends in the challenges and key technology focus areas under [section 19107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section19107&num=0&edition=prelim), and, as appropriate, soliciti

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 19117

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1870 — General authority of Foundation

Page 5160 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1870 1 See References in Text note below. (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; Pub. L. 116–283, div. H, title XCIV, § 9405(c), Jan. 1, 2021, 134 Stat. 4812; Pub. L. 117–167, div. B, title III, § 10393(f)(3), Aug. 9, 2022, 136 Stat. 1590.) Editorial Notes 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 Na- tionality’’, 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 Com- petitiveness 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 2022—Par. (3). Pub. L. 117–167 struck out ‘‘, except that the Director shall not award a scholarship in an amount exceeding $10,000 per year’’ after ‘‘by the Direc- tor’’ and substituted ‘‘5 years’’ for ‘‘4 years’’. 2021—Par. (1). Pub. L. 116–283, § 9405(c)(1), substituted ‘‘computer science, or cybersecurity’’ for ‘‘or computer science’’. Par. (2)(A)(iii). Pub. L. 116–283, § 9405(c)(2), inserted ‘‘cybersecurity,’’ after ‘‘computer science,’’. 2004—Par. (2)(A)(iii). Pub. L. 108–447, § 429(a), sub- stituted ‘‘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

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1870

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.