42 U.S.C. § 1874 — Security provisions

Page 5166 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1873a 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 or employee, of National Science Foun- dation of any of his functions (including functions dele- gated to him by National Science Board), see Reorg. Plan No. 5 of 1965, eff. July 27, 1965, 30 F.R. 9355, 79 Stat. 1323, set out in the Appendix to Title 5, Government Or- ganization and Employees. § 1873a. Repealed. Pub. L. 99–159, title I, § 109(f), Nov. 22, 1985, 99 Stat. 890 Section, Pub. L. 95–99, § 10, Aug. 15, 1977, 91 Stat. 834; amended Pub. L. 96–470, title I, § 119, Oct. 19, 1980, 94 Stat. 2241, related to prohibition respecting financial or other interest of employees processing applications or proposals for Foundation grants or contracts. § 1874. Security provisions (a) Nuclear energy research and development The Foundation shall not support any re- search or development activity in the field of nuclear energy, nor shall it exercise any author- ity pursuant to section 1870(e) of this title in re- spect to that field, without first having obtained the concurrence of the Secretary of Energy that such activity will not adversely affect the com- mon defense and security. To the extent that such activity involves restricted data as defined in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.] the provisions of that Act regarding the control of the dissemination of restricted data and the security clearance of those individuals to be given access to restricted data shall be ap- plicable. Nothing in this chapter shall supersede or modify any provision of the Atomic Energy Act of 1954. (b) Research relating to national defense (1) In the case of scientific or engineering re- search activities under this chapter in connec- tion with matters relating to the national de- fense, with respect to which funds have been transferred to the Foundation from the Depart- ment of Defense in accordance with the provi- sions of section 1873(f) of this title, the Sec- retary of Defense shall establish such security requirements and safeguards, including restric- tions with respect to access to information and property, as he deems necessary. (2) In the case of scientific or engineering re- search activities under this chapter in connec- tion with matters relating to the national de- fense other than research activities referred to in paragraph (1) of this subsection, the Founda- tion shall establish such security requirements and safeguards, including restrictions with re- spect to access to information and property, as it deems necessary. (3) Any agency of the Government exercising investigatory functions is authorized to make such investigations and reports as may be re- quested by the Foundation in connection with the enforcement of security requirements and safeguards, including restrictions with respect to access to information and property, estab- lished under paragraph (1) or (2) of this sub- section. (May 10, 1950, ch. 171, § 15, 64 Stat. 156; Apr. 5, 1952, ch. 159, § 1, 66 Stat. 43; renumbered § 16, Pub. L. 85–510, § 2, July 11, 1958, 72 Stat. 353; amended Pub. L. 87–835, § 1, Oct. 16, 1962, 76 Stat. 1069; re- numbered § 15 and amended Pub. L. 90–407, §§ 11(2), 13, July 18, 1968, 82 Stat. 365, 366; Pub. L. 96–516, § 21(b), Dec. 12, 1980, 94 Stat. 3010; Pub. L. 99–159, title I, §§ 109(e)(2), 110(a)(19), Nov. 22, 1985, 99 Stat. 890, 891; Pub. L. 100–570, title I, § 105(b), Oct. 31, 1988, 102 Stat. 2868; Pub. L. 105–207, title II, § 202(a)(4), July 29, 1998, 112 Stat. 874.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (a), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified prin- cipally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–207 substituted ‘‘Sec- retary of Energy’’ for ‘‘Atomic Energy Commission’’. 1988—Subsec. (c). Pub. L. 100–570 struck out subsec. (c) which related to oath and statement prerequisite to acceptance of scholarship or fellowship, ineligibility of Communist organization members, and penalties for violation. 1985—Subsec. (b)(1). Pub. L. 99–159, §§ 109(e)(2), 110(a)(19)(A), substituted ‘‘engineering’’ for ‘‘technical’’ and ‘‘1873(f)’’ for ‘‘1873(g)’’. Subsec. (b)(2). Pub. L. 99–159, § 110(a)(19)(B), inserted applicability to engineering. 1980—Subsecs. (c), (d). Pub. L. 96–516 redesignated subsec. (d) as (c), and struck out former subsec. (c) re- lating to clearance of personnel by the Civil Service Commission. 1968—Subsec. (a). Pub. L. 90–407, § 13, substituted ‘‘1954’’ for ‘‘1946’’. Subsec. (b)(1). Pub. L. 90–407, § 13, substituted ‘‘sec- tion 1873(g) of this title’’ for section 1873(h) of this title’’. 1962—Subsec. (d). Pub. L. 87–835 designated existing provisions as par. (1), inserted reference to section 1869 of this title, and substituted the requirement, for appli- cations made on or after Oct. 1, 1962, of a full statement regarding convictions for crimes, other than any com- mitted before age 16 or for minor traffic violations, and any criminal charges punishable by thirty days con- finement, or more, pending at time of application for scholarship or fellowship, for the requirement of an af- fidavit stating the affiant did not believe in, and was not a member or supporter of any organization believ- ing in, or teaching, the violent overthrow of the United States Government, or by any illegal means, in such par. (1), and added par. (2). 1952—Subsec. (c). Act Apr. 5, 1952, substituted ‘‘Civil Service Commission’’ for ‘‘Federal Bureau of Investiga- tion’’. Statutory Notes and Related Subsidiaries SUBVERSIVE ACTIVITIES CONTROL BOARD The Subversive Activities Control Board, established by act Sept. 23, 1950, ch. 1024, title I, § 12, 64 Stat. 997, ceased to operate as of June 30, 1973, due to lack of funding. BASIC SCIENTIFIC RESEARCH; INCREASE IN GOVERNMENT SUPPORT; NATIONAL SCIENCE FOUNDATION Pub. L. 91–441, title II, § 205, Oct. 7, 1970, 84 Stat. 908, provided that: ‘‘It is the sense of the Congress that— Page 5167 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 1876 to 1879 ‘‘(1) an increase in Government support of basic sci- entific research is necessary to preserve and strengthen the sound technological base essential both to protection of the national security and the solution of unmet domestic needs; and ‘‘(2) a larger share of such support should be pro- vided hereafter through the National Science Foun- dation.’’ CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF THE NATIONAL SCIENCE FOUNDATION Amendment by Pub. L. 90–407 intended to continue in effect the existing offices, procedures, and organization of the Foundation, see section 16 of Pub. L. 90–407, set out as a note under section 1862 of this title. § 1875. Appropriations To enable the Foundation to carry out its powers and duties, only such sums may be ap- propriated as the Congress may authorize by law. (May 10, 1950, ch. 171, § 16, 64 Stat. 157; Aug. 8, 1953, ch. 377, 67 Stat. 488; renumbered § 17, Pub. L. 85–510, § 2, July 11, 1958, 72 Stat. 353; renum- bered § 16 and amended Pub. L. 90–407, §§ 11(2), (14), July 18, 1968, 82 Stat. 365, 366; Pub. L. 96–516, § 21(c), Dec. 12, 1980, 94 Stat. 3010.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–516 amended subsec. (a) generally, striking out specific dollar amounts for fiscal years ending June 30, 1969, and June 30, 1970, reference to sub- sequent fiscal years, and provisions relating to sums as additional to sums under section 1122(b)(1) of title 33, and struck out subsec. (b) which related to availability of sums for obligation and expenditure. 1968—Subsec. (a). Pub. L. 90–407, § 14, substituted pro- visions authorizing the appropriation of funds for the fiscal year ending June 30, 1969, June 30, 1970, and each subsequent fiscal year, such sums to be in addition to sums authorized by section 1122(b)(1) of title 33, for pro- visions authorizing the appropriation of such sums as may be necessary to carry out the provisions of this chapter out of any money in the Treasury not other- wise appropriated. 1953—Subsec. (a). Act Aug. 8, 1953, removed the $15 million limitation on the amount of the annual appro- priations. Statutory Notes and Related Subsidiaries DRUG-FREE WORKPLACE Pub. L. 100–570, title I, § 118, Oct. 31, 1988, 102 Stat. 2873, provided that: ‘‘(a) No funds authorized to be appropriated under this Act, or under any other Act authorizing appropria- tions for fiscal year 1989 through 1993 for the Founda- tion, shall be obligated or expended unless the Founda- tion has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, posses- sion, or distribution of controlled substances (as de- fined in the Controlled Substances Act [21 U.S.C. 801 et seq.]) by the officers and employees of the Foundation. ‘‘(b) No funds authorized to be appropriated to the Foundation for fiscal years 1989 through 1993 shall be available for payment in connection with any grant, contract, or other agreement, unless the recipient of such grant, contractor, or party to such agreement, as the case may be, has in place and will continue to ad- minister in good faith a written policy, adopted by the board of directors or other governing authority of such recipient, contractor, or party, satisfactory to the Di- rector of the Foundation, designed to ensure that all of the workplaces of such recipient, contractor, or party are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act) by the officers and employees of such recipient, contractor, or party.’’ [Section 118 of Pub. L. 100–570, set out above, effective Jan. 16, 1989, see section 215(c) of Pub. L. 100–685, set out as a note under section 5110 of Title 15, Commerce and Trade.] CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF THE NATIONAL SCIENCE FOUNDATION Amendment by Pub. L. 90–407 intended to continue in effect the existing offices, procedures, and organization of the Foundation, see section 16 of Pub. L. 90–407, set out as a note under section 1862 of this title. § 1875a. National Science Foundation Non- recurring Expenses Fund There is hereby established in the Treasury of the United States a fund to be known as the ‘‘National Science Foundation Nonrecurring Ex- penses Fund’’ (the Fund). Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the Gen- eral Fund of the Treasury to the National Science Foundation by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund. Amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for informa- tion and business technology system moderniza- tion and facilities infrastructure improvements, including nonrecurring maintenance, necessary for the operation of the Foundation or its funded research facilities, subject to approval by the Office of Management and Budget. Amounts in the Fund may be obligated only after the Com- mittees on Appropriations of the House of Rep- resentatives and the Senate are notified at least 15 days in advance of the planned use of funds. (Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4551.) Editorial Notes CODIFICATION Section was enacted as part of the Science Appropria- tions Act, 2023, and also as part of the Commerce, Jus- tice, Science, and Related Agencies Appropriations Act, 2023, and the Consolidated Appropriations Act, 2023, and not as part of the National Science Founda- tion Act of 1950 which comprises this chapter. §§ 1876 to 1879. Repealed. Pub. L. 99–383, § 11, Aug. 21, 1986, 100 Stat. 817 Section 1876, Pub. L. 85–864, title IX, § 901, Sept. 2, 1958, 72 Stat. 1601, authorized establishment of a Science Information Service by National Science Foun- dation. Section 1877, Pub. L. 85–864, title IX, § 902, Sept. 2, 1958, 72 Stat. 1601; Pub. L. 90–407, § 15(b), July 18, 1968, 82 Stat. 367, authorized establishment of a Science Infor- mation Council within National Science Foundation. Section 1878, Pub. L. 85–864, title IX, § 903, Sept. 2, 1958, 72 Stat. 1601, provided National Science Founda- tion with same power and authority in carrying out its functions under sections 1876 to 1879 of this title as it had in carrying out its functions under this chapter. Section 1879, Pub. L. 85–864, title IX, § 904, Sept. 2, 1958, 72 Stat. 1602, authorized appropriations to carry