42 U.S.C. § 1862k — Findings; core strategies

Page 5095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862k National Science Foundation Act of 1950 which com- prises this chapter. AMENDMENTS 2022—Pub. L. 117–167 amended section generally. Prior to amendment, section authorized appropriations for carrying out sections 1862h to 1862j of this title for fis- cal years 1992 and 1993. § 1862k. Findings; core strategies (a) Findings Congress finds the following: (1) The United States depends upon its sci- entific and technological capabilities to pre- serve the military and economic security of the United States. (2) America’s leadership in the global mar- ketplace is dependent upon a strong commit- ment to education, basic research, and devel- opment. (3) A nation that is not technologically lit- erate cannot compete in the emerging global economy. (4) A coordinated commitment to mathe- matics and science instruction at all levels of education is a necessary component of suc- cessful efforts to produce technologically lit- erate citizens. (5) Professional development is a necessary component of efforts to produce system-wide improvements in mathematics, engineering, and science education in secondary, elemen- tary, 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 aca- demic institutions in the United States. (B) In accordance with such mission, the long-term goals of the National Science Foun- dation include providing leadership to— (i) enable the United States to maintain a position of world leadership in all aspects of science, mathematics, engineering, and tech- nology; (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 tech- nology education at all levels. (b) Core strategies In carrying out activities designed to achieve the goals described in subsection (a), the Foun- dation 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 par- ticipated fully in science, mathematics, and engineering. (2) Strengthen the scientific infrastructure by investing in facilities planning and mod- ernization, instrument acquisition, instru- ment 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 in- quiry. (4) Promote partnerships with industry, ele- mentary and secondary schools, community colleges, colleges and universities, other agen- cies, 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.) Editorial Notes 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. Statutory Notes and Related Subsidiaries INDIRECT COSTS Pub. L. 105–207, title II, § 203, July 29, 1998, 112 Stat. 875, provided that: ‘‘(a) MATCHING FUNDS.—Matching funds required pur- suant 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 appro- priate, shall prepare a report— ‘‘(A) analyzing the Federal indirect cost reim- bursement rates (as the term is defined in Office of Management and Budget Circular A–21) paid to uni- versities in comparison with Federal indirect cost reimbursement rates paid to other entities, such as industry, government laboratories, research hos- pitals, and nonprofit institutions; ‘‘(B)(i) analyzing the distribution of the Federal indirect cost reimbursement rates by category (such as administration, facilities, utilities, and li- braries), 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 reimburse- ment 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 Man- agement and Budget Circular A–21), the rate of change of the Federal indirect cost reimburse- ment, the distribution by category of the Federal indirect cost reimbursement, and the distribution by type of entity of the Federal indirect cost re- imbursement; ‘‘(D) analyzing the impact, if any, of Federal and State law on the Federal indirect cost reimburse- ment rates; ‘‘(E)(i) analyzing options to reduce or control the rate of growth of the Federal indirect cost reim- bursement rates, including options such as benchmarking of facilities and equipment cost, elimination of cost studies, mandated percentage reductions in the Federal indirect cost reimburse- ment; and Page 5096 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862l ‘‘(ii) assessing the benefits and burdens of the op- tions to the Federal Government, research institu- tions, and researchers; and ‘‘(F) analyzing options for creating a database— ‘‘(i) for tracking the Federal indirect cost reim- bursement rates and the Federal indirect cost re- imbursement; and ‘‘(ii) for analyzing the impact that changes in policies with respect to Federal indirect cost re- imbursement will have on the Federal Govern- ment, 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 appro- priated 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 reprogram- ming 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 Com- merce, Science, and Transportation of the Senate, the Committee on Labor and Human Resources [now Com- mittee on Health, Education, Labor, and Pensions] of the Senate, and the Committee on Science [now Com- mittee on Science, Space, 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 Founda- tion, the Director of the National Science Foundation shall provide notice to the Committees on Science [now Science, Space, 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, Edu- cation, Labor, and Pensions] of the Senate, and Appro- priations of the Senate. ‘‘SEC. 206. ENHANCEMENT OF SCIENCE AND MATH- EMATICS PROGRAMS. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.— The term ‘educationally useful Federal equipment’ means computers and related peripheral tools and re- search 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 prac- ticable 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 re- quirements 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 cov- ered 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 Di- rector of the National Science Foundation estab- lished under section 2 of the National Science Foun- dation Act of 1950 (42 U.S.C. 1861). ‘‘(2) FOUNDATION.—The term ‘Foundation’ means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). ‘‘(3) FULL LIFE-CYCLE COST.—The term ‘full life- cycle cost’ means all costs of planning, development, procurement, construction, operations and support, and shut-down costs, without regard to funding source and without regard to what entity manages the project or facility involved. ‘‘(4) BOARD.—The term ‘Board’ means the National Science Board established under section 2 of the Na- tional 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 Is- lands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other terri- tory or possession of the United States. ‘‘(6) NATIONAL RESEARCH FACILITY.—The term ‘na- tional 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 re- quest to Congress, a plan for the proposed con- struction of, and repair and upgrades to, na- tional research facilities, including full life- cycle cost information. (2) Contents of the plan The plan shall include— (A) estimates of the costs for the construc- tion, repairs, and upgrades described in para- graph (1), including costs for instrumenta- tion development; (B) estimates of the costs for the operation and maintenance of existing and proposed new facilities; (C) in the case of proposed new construc- tion and for major upgrades to existing fa- cilities, funding profiles, by fiscal year, and milestones for major phases of the construc- tion; (D) for each project funded under the major research equipment and facilities con- struction 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 Fed- eral 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 na- tional research facilities; and