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42 U.S.C. § 1861 — Establishment; composition

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42 U.S.C. § 1861 — Establishment; composition

Page 5076 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1861 Sec. 1862t. Supporting veterans in STEM education and computer science. 1862u. NSF support of research on opioid addiction. 1862v. National Science Foundation research. 1862w. NSF support of research on impacts of social media on human trafficking. 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 Repealed. 1868.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 engineer- ing curriculum development activities; in- spection of materials by parent or guardian. 1869b. Issuance of instructions to grantees of pre- college curriculum projects. 1869c. Low-income scholarship program. 1870. General authority of Foundation. 1870a. Buy-American requirements. 1871. Disposition of inventions produced under con- tracts or other arrangements. 1872. International cooperation and coordination with foreign policy. 1872a. Repealed. 1873. Employment of personnel. 1873a. Repealed. 1874. Security provisions. 1875. Appropriations. 1875a. National Science Foundation Nonrecurring Expenses Fund. 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 Repealed. 1880.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 com- mittees. 1883. Office of Small Business Research and Devel- opment. 1884. Repealed. 1885. Congressional statement of findings and dec- laration of policy respecting equal opportu- nities in science and engineering. 1885a. Women in science and engineering; support of activit

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Page 5076 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1861 Sec. 1862t. Supporting veterans in STEM education and computer science. 1862u. NSF support of research on opioid addiction. 1862v. National Science Foundation research. 1862w. NSF support of research on impacts of social media on human trafficking. 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 Repealed. 1868.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 engineer- ing curriculum development activities; in- spection of materials by parent or guardian. 1869b. Issuance of instructions to grantees of pre- college curriculum projects. 1869c. Low-income scholarship program. 1870. General authority of Foundation. 1870a. Buy-American requirements. 1871. Disposition of inventions produced under con- tracts or other arrangements. 1872. International cooperation and coordination with foreign policy. 1872a. Repealed. 1873. Employment of personnel. 1873a. Repealed. 1874. Security provisions. 1875. Appropriations. 1875a. National Science Foundation Nonrecurring Expenses Fund. 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 com- mittees. 1883. Office of Small Business Research and Devel- opment. 1884. Repealed. 1885. Congressional statement of findings and dec- laration of policy respecting equal opportu- nities 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 pro- gram; approvals and certifications by Direc- tor. § 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.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2021 AMENDMENT Pub. L. 116–339, § 1, Jan. 13, 2021, 134 Stat. 5126, pro- vided that: ‘‘This Act [enacting section 1862v of this title and provisions set out as a note under section 1862v of this title] may be cited as the ‘Advancing Re- search to Prevent Suicide Act’.’’ Pub. L. 116–335, § 1(a), Jan. 13, 2021, 134 Stat. 5117, pro- vided that: ‘‘This Act [enacting section 1862u of this title and provisions set out as a note under section 1862u of this title] may be cited as the ‘Expanding Find- ings for Federal Opioid Research and Treatment Act’ or the ‘EFFORT Act’.’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–115, § 1, Feb. 11, 2020, 134 Stat. 106, provided that: ‘‘This Act [enacting section 1862t of this title, amending sections 1862n–1 and 1862n–1a of this title and section 7404 of Title 15, Commerce and Trade, and en- acting provisions set out as a note under section 1862t of this title] may be cited as the ‘Supporting Veterans in STEM Careers Act’.’’ SHORT TITLE OF 2019 AMENDMENT Pub. L. 116–102, § 1, Dec. 24, 2019, 133 Stat. 3263, pro- vided that: ‘‘This Act [amending sections 1862s–5 and 1862s–7 of this title and enacting provisions set out as notes under section 1862s–5 of this title] may be cited as the ‘Building Blocks of STEM Act’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–402, § 1, Dec. 31, 2018, 132 Stat. 5343, pro- vided that: ‘‘This Act [amending section 1862i of this title and enacting provisions set out as notes under sec- tions 1862i and 1862p of this title] may be cited as the ‘Innovations in Mentoring, Training, and Apprentice- ships Act’.’’ Pub. L. 115–303, § 1, Dec. 11, 2018, 132 Stat. 4399, pro- vided that: ‘‘This Act [amending sections 1862n–1 and 1862n–1a of this title and enacting provisions set out as notes under section 1862n–1 of this title and preceding section 40901 of Title 51, National and Commercial Space Programs] may be cited as the ‘Women in Aero- space Education Act’.’’ SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–6, § 1, Feb. 28, 2017, 131 Stat. 11, provided that: ‘‘This Act [amending section 1885a of this title and enacting provisions set out as a note under section 1885a of this title] may be cited as the ‘Promoting Women in Entrepreneurship Act’.’’ Pub. L. 114–329, § 1(a), Jan. 6, 2017, 130 Stat. 2969, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘American Innovation and Com- petitiveness Act’.’’ SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–124, § 1, Feb. 18, 2016, 130 Stat. 120, provided that: ‘‘This Act [enacting sections 1862r and 1862r–1 of this title and provisions set out as notes under sections 1862r and 1862r–1 of this title] may be cited as the ‘Re- search Excellence and Advancements for Dyslexia Act’ or the ‘READ Act’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–59, § 1, Oct. 7, 2015, 129 Stat. 540, provided that: ‘‘This Act [enacting section 1862q of this title, amending sections 1862n–1 and 1862n–1a of this title, and enacting provisions set out as a note under section 6621 of this title] may be cited as the ‘STEM Education Act of 2015’.’’ SHORT TITLE OF 2011 AMENDMENT Pub. L. 111–358, § 1(a), Jan. 4, 2011, 124 Stat. 3982, pro- vided that: ‘‘this [probably should be ‘‘This’’] Act [see Tables for classification] may be cited as the ‘America COMPETES Reauthorization Act of 2010’ or the ‘Amer- ica Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Re- authorization Act of 2010’.’’ Pub. L. 111–358, title V, § 501, Jan. 4, 2011, 124 Stat. 4005, provided that: ‘‘This subtitle [subtitle A Page 5077 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1861 (§§ 501–527) of title V of Pub. L. 111–358, enacting sec- tions 1862p to 1862p–15 of this title, amending sections 1862n–1a, 1862n–5, 1863, and 1869 of this title, and enact- ing 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, pro- vided 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, pro- vided 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 ‘Na- tional Science Foundation Authorization Act of 1998’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–476, § 1, Oct. 23, 1992, 106 Stat. 2297, pro- vided 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-Tech- nology Act of 1992’.’’ SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100–570, § 1, Oct. 31, 1988, 102 Stat. 2865, pro- vided 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 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 Authoriza- tion 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, re- pealing sections 1873a and 1884 of this title, and amend- ing 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 provi- sions 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’.’’ SHORT TITLE OF 1977 AMENDMENT 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 ‘Na- tional Science Foundation Authorization Act, Fiscal Year 1978’.’’ SHORT TITLE OF 1976 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 ‘Na- tional Science Foundation Authorization Act, 1977’.’’ SHORT TITLE Act May 10, 1950, ch. 171, § 1, 64 Stat. 149, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘National Science Foundation Act of 1950’.’’ 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, procedures, and organization of the Foundation as pro- vided 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 func- tions 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. Executive Documents 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 Tech- nology or Director or Deputy Director of Office of Science and Technology transferred to Director of Na- tional 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 Em- ployees. 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. Page 5078 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1861 427; Pub. L. 94–282, title V, § 502, May 11, 1976, 90 Stat. 472 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, March 29, 1962, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amend- ed [see 5 U.S.C. 901 et seq.]. CERTAIN SCIENCE AGENCIES AND FUNCTIONS PART I—OFFICE OF SCIENCE AND TECHNOLOGY Sec. 1. [Repealed. Pub. L. 94–282, title V, § 502, May 11, 1976, 90 Stat. 472. Section established, in Executive Of- fice of the President, the Office of Science and Tech- nology.] 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 Direc- tor of Office of Science and Technology by the Presi- dent 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 con- ferred upon the Foundation.] Sec. 4. [Repealed. Pub. L. 94–282, title V, § 502, May 11, 1976, 90 Stat. 472. Section authorized Director of the Of- fice 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.] PART II—NATIONAL SCIENCE FOUNDATION SECTION 21. EXECUTIVE COMMITTEE (a) There is hereby established the Executive Com- mittee 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 reorganiza- tion 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 Exec- utive Committee, and the Executive Committee mem- bers so elected shall hold office for two years from the date of their election. Any person who has been a mem- ber of the Executive Committee (established by this re- organization plan) for six consecutive years shall there- after be ineligible for service as a member thereof dur- ing the two-year period following the expiration of such sixth year. For the purposes of this subsection, the pe- riod 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- 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 ex- piration 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 Com- mittee now existing under the provisions of the Na- tional 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 other- wise, are hereby transferred to the Executive Com- mittee 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 as- signment, shall hereafter be applicable to the Execu- tive 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 Direc- tor 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 ap- pointment. The Director shall serve for a term of six years unless sooner removed by the President. The Di- rector shall not engage in any business, vocation or employment other than that of serving as such Direc- tor, nor shall he, except with the approval of the Board, hold any office in, or act in any capacity for, any orga- nization, agency, or institution with which the Founda- tion 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 provi- sions 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 Di- rector 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 com- pensation 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 non- voting member of the Board and his functions with re- spect to serving as a nonvoting member of the Execu- tive Committee provided for in section 6(b) of that Act (42 U.S.C. 1865(b)). (3) So much of the functions conferred upon divi- sional 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 Page 5079 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1861 other funds employed, held, used, available, or to be made available, in connection with the functions trans- ferred by the provisions of section 3 of this reorganiza- tion 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 Di- rector 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 im- mediately prior to the effective date of Part I of the re- organization plan holds a position in the Executive Of- fice 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 im- mediately 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 Direc- tor 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 provi- sions of this section to receive the compensation at- tached 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, Pro- cedures, 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 Of- fice of Science and Technology as a new unit within the 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 devel- opment in executive branch organization for science and technology. Under those arrangements the Presi- dent will have permanent staff resources capable of ad- vising 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 im- perative that the President have adequate staff support in developing policies and evaluating programs in order to assure that science and technology are used most ef- fectively in the interests of national security and gen- eral 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 rela- tionship of science and technology to national secu- rity 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 im- pact 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 partici- pation 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 Fed- eral programs in science and technology have in recent years necessitated the taking of several steps for im- proving the organizational arrangements of the execu- tive branch in relation to science and technology: (1) The National Science Foundation was estab- lished 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 sup- port basic research, to evaluate research programs undertaken by Federal agencies, and to perform re- lated functions. (2) The Office of the Special Assistant to the Presi- dent 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 Com- mittee, composed of eminent non-Government sci- entists 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 Tech- nology, composed of policy officials of the principal agencies engaged in scientific and technical activi- ties, was established in 1959. The National Science Foundation has proved to be an effective instrument for administering sizable pro- grams in support of basic research and education in the sciences and has set an example for other agencies through the administration of its own programs. How- ever, the Foundation, being at the same organizational level as other agencies, cannot satisfactorily coordi- nate 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 Govern- ment. 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 re- organization 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 Gov- ernment’s research and development programs. These requirements call for the further strengthening of Page 5080 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862 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 con- cerning the support of basic research and education in the sciences, and the new Office will look to the Foun- dation 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 Con- gress. Part II of the reorganization plan provides for certain reorganizations within the National Science Founda- tion which will strengthen the capability of the Direc- tor of the Foundation to exert leadership and otherwise further the effectiveness of administration of the Foun- dation. 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 Execu- tive 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 Re- organization Act of 1949, as amended. I have found and hereby declare that it is necessary to include in the reorganization plan, by reason of reor- ganizations made thereby, provisions for the appoint- ment and compensation of the Director and Deputy Di- rector 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 com- parable officers in the executive branch of the Govern- ment. The functions abolished by the provisions of section 23(b) of the reorganization plan are provided for in sec- tions 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 organiza- tional arrangements and will make possible more effec- tive and efficient administration of Government pro- grams in science and technology. It is, however, im- practicable to itemize at this time the reductions in ex- penditures which it is probable will be brought about by such taking effect. I recommend that the Congress allow the reorganiza- tion plan to become effective. JOHN F. KENNEDY. THE WHITE HOUSE, March 29, 1962. § 1862. Functions (a) Initiation and support of studies and pro- grams; scholarships; current register of sci- entific and engineering personnel The Foundation is authorized and directed— (1) to initiate and support basic scientific re- search and programs to strengthen scientific research potential and science education pro- grams at all levels in the mathematical, phys- ical, 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 engineer- ing, by making contracts or other arrange- ments (including grants, loans, and other forms of assistance) to support such scientific, engineering, and educational activities and to appraise the impact of research upon indus- trial development and upon the general wel- fare; (2) to award, as provided in section 1869 of this title, scholarships and graduate fellow- ships 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, pri- marily 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 Govern- ment, by individuals, and by public and pri- vate research groups, employing by grant or contract such consulting services as it may deem necessary for the purpose of such evalua- tions; and to take into consideration the re- sults of such evaluations in correlating the re- search and educational programs undertaken or supported by the Foundation with pro- grams, projects, and studies undertaken by agencies of the Federal Government, by indi- viduals, 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 for- mulation 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 construc- tion of the facilities wherein such research is conducted, received by each educational insti- tution and appropriate nonprofit organization in the United States, by grant, contract, or other arrangement from agencies of the Fed- eral 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 informa- tion systems. (b) Contracts, grants, loans, etc., for scientific and engineering activities; financing of pro- grams The Foundation is authorized to initiate and support specific scientific and engineering ac- tivities in connection with matters relating to

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

42 U.S.C. § 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.

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

42 U.S.C. § 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), 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.

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

42 U.S.C. § 1865 — Executive Committee

Page 5156 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1864a 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 con- duct of a ‘‘Science for Citizens Program’’ and, within six months from Aug. 9, 1975, submit the plan to spe- cific 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 pre- pare a comprehensive plan to facilitate the participa- tion of members of the public in the formulation, devel- opment, and conduct of National Science Foundation programs, policies, and priorities and to submit the re- sulting 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. Executive Documents TRANSFER OF FUNCTIONS Authority of Director of National Science Founda- tion, from time to time, to make appropriate provi- sions authorizing performance by any other officer, or by any agency

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

5 U.S.C. § 901 — Purpose

**(a)** The Congress declares that it is the policy of the United States— (1) to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and functions, and the expeditious administration of the public business; (2) to reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the Government; (3) to increase the efficiency of the operations of the Government to the fullest extent practicable; (4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes; (5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and (6) to eliminate overlapping and duplication of effort. **(b)** Congress declares that the public interest demands the carrying out of the purposes of subsection (a) of this section and that the purposes may be accomplished in great measure by proceeding under this chapter, and can be accomplished more speedily thereby than by the enactment of specific legislation. **(c)** It is the intent of Congress that the President should provide appropriate means for broad citizen advice and participation in restructuring and reorganizing the executive branch. **(d)** The President shall from time to time examine the organization of all agencies and shall determine what changes in such organization are necessary to carry out any policy set forth in subsection (a) of this section.

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

5 U.S.C. § 901 — Purpose

Page 235 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 901 1 So in original. Does not conform to section catchline. Sec. 902. Definitions. 903. Reorganization plans. 904. Additional contents of reorganization plan. 905. Limitations on powers.1 906. Effective date and publication of reorganiza- tion plans. 907. Effect on other laws, pending legal pro- ceedings, and unexpended appropriations. 908. Rules of Senate and House of Representatives on reorganization plans. 909. Terms of resolution. 910. Introduction and reference of resolution. 911. Discharge of committee considering resolu- tion. 912. Procedure after report or discharge of com- mittee; debate; vote on final passage. [913. Omitted.] Editorial Notes AMENDMENTS 1984—Pub. L. 98–614, § 3(e)(3), Nov. 8, 1984, 98 Stat. 3193, substituted ‘‘passage’’ for ‘‘disapproval’’ in item 912. 1977—Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 29, reen- acted chapter heading and items 901 to 903, 905 to 909, and 911 without change, substituted ‘‘plan’’ for ‘‘plans’’ in item 904 and ‘‘Introduction and reference of resolu- tion’’ for ‘‘Reference of resolution to committee’’ in item 910, inserted ‘‘; vote on final disapproval’’ in item 912, and omitted item 913 ‘‘Decisions without debate on motion to postpone or proceed’’. § 901. Purpose (a) The Congress declares that it is the policy of the United States— (1) to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and func- tions, and the expeditious administration of the public business; (2) to reduce expenditures and promote econ- omy to the fullest extent consistent with the efficient operation of the Government; (3) to increase the efficiency of the oper- ations of the Governm

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