42 U.S.C. § 1863 — National Science Board

Page 5151 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1863 (2) Social media platform The term ‘‘social media platform’’ means a website or internet medium that— (A) permits a person to become a reg- istered user, establish an account, or create a profile for the purpose of allowing users to create, share, and view user-generated con- tent through such an account or profile; (B) enables 1 or more users to generate content that can be viewed by other users of the medium; and (C) primarily serves as a medium for users to interact with content generated by other users of the medium. (b) Support of research The Director of the National Science Founda- tion, in consultation with the Attorney General, the Secretary of Homeland Security, and the Secretary of Health and Human Services, shall support merit-reviewed and competitively awarded research on the impact of online social media platforms on the maintenance or expan- sion of human trafficking, which may include— (1) fundamental research on digital forensic tools or other technologies for verifying the authenticity of social media platform users and their materials, that are utilized in the promotion or operation of human trafficking networks; (2) fundamental research on privacy pre- serving technical tools that may aid law en- forcement’s ability to identify and prosecute individuals or entities promoting or involved in human trafficking; (3) social and behavioral research related to social media platform users who engage with those promoting or involved in human traf- ficking; (4) research on the effectiveness of expand- ing public understanding, awareness, or law enforcement efforts in combating human traf- ficking through social media platforms; and (5) research awards coordinated with other Federal agencies and programs, including the Information Integrity Research and Develop- ment Interagency Working Group and the Pri- vacy Research and Development Interagency Working Group of the Networking and Infor- mation Technology Research and Develop- ment Program, the Office for Victims of Crime of the Department of Justice, the Blue Cam- paign of the Department of Homeland Secu- rity, the Office to Monitor and Combat Traf- ficking in Persons of the Department of State, and activities of the Department of Transpor- tation and the Advisory Committee on Human Trafficking. (c) Survivors To the extent possible, the Director of the Na- tional Science Foundation shall ensure that re- search supported under subsection (b) incor- porates the experiences, input, and safety and privacy concerns of human trafficking sur- vivors. (d) Reports (1) Findings and recommendations Not later than 1 year after January 5, 2023, the Director of the National Science Founda- tion shall report to the Committee on Com- merce, Science, and Transportation of the Senate, the Subcommittee on Commerce, Jus- tice, Science, and Related Agencies of the Committee on Appropriations of the Senate, the Committee on Science, Space, and Tech- nology of the House of Representatives, and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Com- mittee on Appropriations of the House of Rep- resentatives— (A) the Director’s findings with respect to the feasibility for research opportunities, in- cluding with the private sector social media platform companies, to improve the ability to combat human trafficking operations; and (B) any recommendations of the Director that could facilitate and improve commu- nication and coordination among the private sector, the National Science Foundation, and relevant Federal agencies to improve the ability to combat human trafficking op- erations through social media. (2) Results of research Not later than 4 years after January 5, 2023, the Director of the National Science Founda- tion shall report to the Committee on Com- merce, Science, and Transportation of the Senate, the Subcommittee on Commerce, Jus- tice, Science, and Related Agencies of the Committee on Appropriations of the Senate, the Committee on Science, Space, and Tech- nology of the House of Representatives, and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Com- mittee on Appropriations of the House of Rep- resentatives on the results of the research sup- ported under this section. (Pub. L. 117–348, title I, § 124, Jan. 5, 2023, 136 Stat. 6218.) Editorial Notes CODIFICATION Section was enacted as part of the Trafficking Vic- tims Prevention and Protection Reauthorization Act of 2022, and not as part of the National Science Founda- tion Act of 1950 which comprises this chapter. § 1863. National Science Board (a) Composition; appointment; establishment of policies of the Foundation The Board shall consist of twenty-four mem- bers to be appointed by the President 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 appli- cable national policies as set forth by the Presi- dent and the Congress. (b) Executive Committee; delegation of powers and functions The Board shall have an Executive Committee as provided in section 1865 of this title, and may delegate to it or to the Director or both such of the powers and functions granted to the Board by this chapter as it deems appropriate. (c) Meetings; nominations; quorum; notice The persons nominated for appointment as members of the Board (1) shall be eminent in the Page 5152 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1863 1 See References in Text note below. fields of the basic, medical, or social sciences, engineering, agriculture, education, research management, or public affairs; (2) shall be se- lected solely on the basis of established records of distinguished service; and (3) shall be so se- lected 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 engi- neers who are women or who represent minority groups. The President is requested, in the mak- ing 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 Amer- ican Colleges, the Association of State Colleges and Universities, or by other scientific, engi- neering, 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 mem- ber appointed to fill a vacancy occurring prior to the expiration of the term for which his pred- ecessor 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 there- after 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 gov- erning the conduct of its meetings, including de- livery 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; va- cancy The election of the Chairman and Vice Chair- man of the Board shall take place at each an- nual meeting occurring in an even-numbered year. The Vice Chairman shall perform the du- ties of the Chairman in his absence. In case a va- cancy occurs in the chairmanship or vice chair- manship, the Board shall elect a member to fill such vacancy. (g) Appointment and assignment of staff; com- pensation; security requirements The Board may, with the concurrence of a ma- jority of its members, permit the appointment of a staff consisting of professional staff mem- bers, 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 lim- ited 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 classifica- tion, and shall be compensated at a rate not ex- ceeding the maximum rate payable under sec- tion 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 appoint- ment of technical and professional personnel under this subsection. Each appointment under this subsection shall be subject to the same se- curity requirements as those required for per- sonnel of the Foundation appointed under sec- tion 1873(a) of this title. (h) Special commissions The Board is authorized to establish such spe- cial 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 ap- pointed such survey and advisory functions as the Board deems appropriate to assist it in exer- cising its powers and functions under this chap- ter. (j) Report to President; submittal to Congress (1) The Board shall render to the President and the Congress no later than March 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 pol- icy matters within the authority of the Founda- tion (or otherwise as requested by the Congress or the President) related to science and engi- neering and education in science and engineer- ing, 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 pub- lic until the President’s budget for that fiscal year has been submitted to the Congress. (l) Financial disclosure report for Board mem- bers 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.; 1 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. 86–507, § 1(36), June 11, 1960, 74 Stat. 202; Pub. L. 90–407, § 2, July 18, 1968, 82 Stat. 361; Pub. L. Page 5153 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1863 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; Pub. L. 112–166, § 2(s), Aug. 10, 2012, 126 Stat. 1288; Pub. L. 117–167, div. B, title III, § 10399F, Aug. 9, 2022, 136 Stat. 1599.) Editorial Notes 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 Act 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 Tables. AMENDMENTS 2022—Subsec. (j)(1). Pub. L. 117–167 substituted ‘‘March 15’’ for ‘‘January 15’’. 2012—Subsec. (a). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate,’’ after ‘‘ap- pointed by the President’’. 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 ‘‘with- in the authority of the Foundation (or otherwise as re- quested by the Congress or the President)’’ after ‘‘indi- vidual 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 secu- rity requirements for such staff. Subsec. (j). Pub. L. 110–69, § 7016, substituted ‘‘Presi- dent 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), sub- stituted ‘‘The Board shall adopt procedures governing the conduct of its meetings, including delivery of no- tice 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 mem- bers 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), sub- stituted ‘‘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), redesig- nated 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 fi- nancial 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 Academy of Engineering,’’ and inserted ‘‘, engineering,’’ after ‘‘other scientific’’. Subsec. (e). Pub. L. 99–159, § 109(a), struck out require- ment 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 con- cerned. 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 ref- erence 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 ref- erences thereto, as subsec. (g). Former subsec. (g), con- cerning 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 sub- secs. (h) to (j) as (g) to (i), respectively. 1968—Subsec. (a). Pub. L. 90–407 substituted provi- sions which authorized the Board to establish the poli- cies 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 other- wise 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 rec- ommendations 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 emi- nence, and substituted ‘‘the National Association of State Universities and Land Grant Colleges, the Asso- ciation 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 Col- leges’’. 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 ex- ecuted. 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 pro- vided 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 Page 5154 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1864 of the Board shall constitute a quorum’’ for ‘‘A major- ity of the voting members of the Board shall constitute a quorum’’. Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 90–407 redesignated former subsec. (e) as (f) and substituted provisions that the election of the Chairman and Vice Chairman take place at each annual meeting occurring in an even-numbered year for provisions that their election take place at the first meeting of the National Science Board following the enactment of Pub. L. 86–232, and that thereafter such election take place at the second annual meeting oc- curring 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 cer- tified mail’’ after ‘‘registered mail’’. 1959—Subsec. (d). Pub. L. 86–232 changed annual meet- ing 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 De- cember next succeeding date of election and for elec- tion of subsequent officers for terms of two years there- after. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. REFERENCES TO MAXIMUM RATE UNDER 5 U.S.C. 5376 For reference to maximum rate under section 5376 of Title 5, Government Organization and 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 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF THE NATIONAL SCIENCE FOUNDATION Amendment by Pub. L. 90–407 intended to continue in effect the existing offices, procedures, and organization of the Foundation, see section 16 of Pub. L. 90–407, set out as a note under section 1862 of this title. § 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 ap- pointed 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 recommenda- tions to him with respect to such appointment. The Director shall receive basic pay at the rate provided for level II of the Executive Schedule under section 5313 of title 5, and shall serve for a term of six years unless sooner removed by the President. (b) Exercise of authority of Foundation; actions as final and binding upon the Foundation Except as otherwise specifically provided in this chapter (1) the Director shall exercise all of the authority granted to the Foundation by this chapter (including any powers and functions which may be delegated to him by the Board), and (2) all actions taken by the Director pursu- ant to the provisions of this chapter (or pursu- ant 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 author- izing the performance by any other officer, agency, or employee of the Foundation of any of his functions under this chapter, including func- tions 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 car- ried out by the Director in consultation with the Board. (e) Authority to grant, contract, etc.; delegation of authority or imposition of conditions; re- porting 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 Rep- resentatives. (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.)