42 U.S.C. § 1873 — Employment of personnel

Page 5163 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1873 1 See References in Text note below. of the Foundation, see section 16 of Pub. L. 90–407, set out as a note under section 1862 of this title. § 1873. Employment of personnel (a) Appointment; compensation; application of civil service provisions; technical and profes- sional personnel; members of special com- missions; temporary appointments; travel ex- penses (1) The Director shall, in accordance with such policies as the Board shall from time to time prescribe, appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this chapter. Except as pro- vided in section 1863(h) 1 of this title, such ap- pointments shall be made and such compensa- tion shall be fixed in accordance with the provi- sions of title 5 governing appointments in the competitive service, and the provisions of chap- ter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates: Provided, That the Director may, in accordance with such policies as the Board shall from time to time prescribe, employ such tech- nical and professional personnel and fix their compensation, without regard to such provi- sions, as he may deem necessary for the dis- charge of the responsibilities of the Foundation under this chapter. The members of the special commissions shall be appointed without regard to the provisions of title 5 governing appoint- ments in the competitive service. (2) The Director may, under the authority pro- vided by paragraph (1) of this subsection and in accordance with such policies as the Board chooses to prescribe, appoint for a limited term, or on a temporary basis, scientists, engineers, and other technical and professional personnel on leave of absence from academic, industrial, or research institutions to work for the Founda- tion. (3) The Foundation may pay, to the extent au- thorized for certain other Federal employees by section 5723 of title 5, travel expenses for any in- dividual appointed for a limited term or on a temporary basis and transportation expenses of his or her immediate family and his or her household goods and personal effects from that individual’s residence at the time of selection or assignment to his or her duty station. The Foundation may pay such travel expenses and transportation expenses to the same extent for such an individual’s return to the former place of residence from his or her duty station, upon separation from the Federal service following an agreed period of service. The Foundation may also pay a per diem allowance at a rate not to exceed the daily amounts prescribed under sec- tion 5702 of title 5 to such an individual, in lieu of transportation expenses of the immediate family and household goods and personal effects, for the period of his or her employment with the Foundation. Notwithstanding any other provi- sion of law, the employer’s contribution to any retirement, life insurance, or health benefit plan for an individual appointed for a term of one year or less, which could be extended for no more than one additional year, may be made or reimbursed from appropriations available to the Foundation. (b) Operation of laboratories and pilot plants The Foundation shall not, itself, operate any laboratories or pilot plants. (c) Compensation of members of Board and spe- cial commissions The members of the Board and the members of each special commission shall be entitled to re- ceive compensation for each day engaged in the business of the Foundation at a rate fixed by the Chairman but not exceeding the maximum rate payable under section 5376 of title 5 and shall be allowed travel expenses as authorized by section 5703 of title 5. For the purposes of determining the payment of compensation under this sub- section, the time spent in travel by any member of the Board or any member of a special com- mission shall be deemed as time engaged in the business of the Foundation. Members of the Board and members of special commissions may waive compensation and reimbursement for traveling expenses. (d) Federal officers as members of special com- missions; compensation Persons holding other offices in the executive branch of the Federal Government may serve as members of special commissions, but they shall not receive remuneration for their services as such members during any period for which they receive compensation for their services in such other offices. (e) Utilization of appropriations in making con- tracts In making contracts or other arrangements for scientific or engineering research, the Foun- dation shall utilize appropriations available therefor in such manner as will in its discretion best realize the objectives of (1) having the work performed by organizations, agencies, and insti- tutions, or individuals in the United States or foreign countries, including Government agen- cies of the United States and of foreign coun- tries, qualified by training and experience to achieve the results desired, (2) strengthening the research staff of organizations, particularly non- profit organizations, in the United States, (3) adding institutions, agencies, or organizations which, if aided, will advance scientific or engi- neering research, and (4) encouraging inde- pendent scientific or engineering research by in- dividuals. (f) Transfer of research and education funds of other Government departments or agencies Funds available to any department or agency of the Government for scientific or engineering research or education, or the provision of facili- ties therefor, shall be available for transfer, with the approval of the head of the department or agency involved, in whole or in part, to the Foundation for such use as is consistent with the purposes for which such funds were provided, and funds so transferred shall be expendable by the Foundation for the purposes for which the transfer was made. (g) ‘‘United States’’ defined For purposes of this chapter, the term ‘‘United States’’ when used in a geographical sense Page 5164 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1873 means the States, the District of Columbia, the Commonwealth of Puerto Rico, and all terri- tories and possessions of the United States. (h) Expiration of authorization Notwithstanding any other provision of law, the authorization of any appropriation to the Foundation shall expire (unless an earlier expi- ration is specifically provided) at the close of the second fiscal year following the fiscal year for which the authorization was enacted, to the extent that such appropriation has not thereto- fore actually been made. (i) Public disclosure of information (1)(A) Information supplied to the Foundation or a contractor of the Foundation in survey forms, questionnaires, or similar instruments for purposes of section 1862(a)(5) or (6) of this title by an individual, an industrial or commer- cial organization, or an educational, academic, or other nonprofit institution when the institu- tion has received a pledge of confidentiality from the Foundation, shall not be disclosed to the public unless the information has been transformed into statistical or abstract formats that do not allow for the identification of the supplier. (B) Information that has not been transformed into formats described in subparagraph (A) may be used only for statistical or research purposes. (C) The identities of individuals, organiza- tions, and institutions supplying information described in subparagraph (A) may not be dis- closed to the public. (2) In support of functions authorized by sec- tion 1862(a)(5) or (6) of this title, the Foundation may designate, at its discretion, authorized per- sons, including employees of Federal, State, or local agencies or instrumentalities (including local educational agencies) and employees of private organizations, to have access, for statis- tical or research purposes only, to information collected pursuant to section 1862(a)(5) or (6) of this title that allows for the identification of the supplier. No such person may— (A) publish information collected pursuant to section 1862(a)(5) or (6) of this title in such a manner that either an individual, an indus- trial or commercial organization, or an edu- cational, academic, or other nonprofit institu- tion that has received a pledge of confiden- tiality from the Foundation can be specifi- cally identified; (B) permit anyone other than individuals au- thorized by the Foundation to examine data that allows for such identification relating to an individual, an industrial or commercial or- ganization, or an academic, educational, or other nonprofit institution that has received a pledge of confidentiality from the Foundation; or (C) knowingly and willfully request or ob- tain any nondisclosable information described in paragraph (1) from the Foundation under false pretenses. (3) Violation of this subsection is punishable by a fine of not more than $10,000, imprisonment for not more than 5 years, or both. (May 10, 1950, ch. 171, § 14, 64 Stat. 154; renum- bered § 15, Pub. L. 85–510, § 2, July 11, 1958, 72 Stat. 353; amended Pub. L. 86–232, § 8, Sept. 8, 1959, 73 Stat. 469; renumbered § 14 and amended Pub. L. 90–407, §§ 11(2), 12, July 18, 1968, 82 Stat. 365, 366; Pub. L. 91–120, § 3, Nov. 18, 1969, 83 Stat. 203; Pub. L. 95–99, § 12(c), formerly § 14(c), Aug. 15, 1977, 91 Stat. 835, renumbered § 12(c), Pub. L. 99–159, title I, § 109(h), Nov. 22, 1985, 99 Stat. 890; Pub. L. 99–159, title I, §§ 109(e)(1), 110(a)(18), Nov. 22, 1985, 99 Stat. 889, 891; Pub. L. 100–570, title I, §§ 106, 107, Oct. 31, 1988, 102 Stat. 2868, 2869; Pub. L. 101–589, title II, § 251, Nov. 16, 1990, 104 Stat. 2894; Pub. L. 102–139, title III, Oct. 28, 1991, 105 Stat. 774; Pub. L. 104–66, title II, § 2141(b), Dec. 21, 1995, 109 Stat. 731; Pub. L. 105–207, title II, § 202(a)(3), July 29, 1998, 112 Stat. 873; Pub. L. 107–368, § 15(b), Dec. 19, 2002, 116 Stat. 3058.) Editorial Notes REFERENCES OF TEXT Section 1863(h) of this title, referred to in subsec. (a), was redesignated section 1863(g) of this title by Pub. L. 94–282, title V, § 503, May 11, 1976, 90 Stat. 473. The General Schedule, referred to in subsec. (a)(1), is set out under section 5332 of Title 5. AMENDMENTS 2002—Subsec. (i). Pub. L. 107–368 amended subsec. (i) generally. Prior to amendment, subsec. (i) read as fol- lows: ‘‘Information supplied to the Foundation or a contractor of the Foundation by an industrial or com- mercial organization in survey forms, questionnaires, or similar instruments for the purposes of subsection (a)(5) or (a)(6) of section 1862 of this title may not be disclosed to the public unless such information has been transformed into statistical or aggregate formats that do not allow the identification of the supplier. The names of organizations supplying such information may not be disclosed to the public.’’ 1998—Subsec. (c). Pub. L. 105–207 substituted ‘‘shall be entitled to receive’’ for ‘‘shall receive’’ and ‘‘the max- imum rate payable under section 5376’’ for ‘‘the rate specified for the daily rate for GS–18 of the General Schedule under section 5332’’ and inserted at end ‘‘For the purposes of determining the payment of compensa- tion under this subsection, the time spent in travel by any member of the Board or any member of a special commission shall be deemed as time engaged in the business of the Foundation. Members of the Board and members of special commissions may waive compensa- tion and reimbursement for traveling expenses.’’ 1995—Subsec. (j). Pub. L. 104–66 struck out subsec. (j) which read as follows: ‘‘Starting with fiscal year 1990, the Foundation shall submit to the Congress in each fiscal year, at the time of the release of the President’s budget, a three-year budget estimate for the Founda- tion. The three-year budget shall include funding esti- mates for each major activity, including each scientific directorate, the United States Antarctic Program, the Science and Engineering Education Directorate, and the Program Development and Management activity.’’ 1991—Subsec. (a)(3). Pub. L. 102–139 struck out ‘‘and when less than’’ after ‘‘in lieu of’’. 1990—Subsec. (f). Pub. L. 101–589 inserted ‘‘or edu- cation’’ after ‘‘research’’. 1988—Subsec. (a). Pub. L. 100–570, § 106, designated ex- isting provisions as par. (1) and added pars. (2) and (3). Subsec. (j). Pub. L. 100–570, § 107, added subsec. (j). 1985—Subsec. (b). Pub. L. 99–159, § 109(e)(1)(A), (B), struck out subsec. (b) relating to outside employment and activities, and redesignated subsec. (c) as (b). Subsecs. (c), (d). Pub. L. 99–159, § 109(e)(1)(B), redesig- nated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) redesignated (b). Subsec. (e). Pub. L. 99–159, §§ 109(e)(1)(B), 110(a)(18)(A), redesignated subsec. (f) as (e) and inserted ‘‘or engi- neering’’ after ‘‘scientific’’ wherever appearing. Former subsec. (e) redesignated (d). Page 5165 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1873 Subsec. (f). Pub. L. 99–159, §§ 109(e)(1)(B), 110(a)(18)(B), redesignated subsec. (g) as (f) and substituted ‘‘engi- neering’’ for ‘‘technical’’. Former subsec. (f) redesig- nated (e). Subsecs. (g), (h). Pub. L. 99–159, § 109(e)(1)(B), redesig- nated subsecs. (h) and (i) as (g) and (h), respectively. Former subsec. (g) redesignated (f). Subsec. (i). Pub. L. 99–159, § 109(e)(1)(B), (C), added subsec. (i). Former subsec. (i) redesignated (h). 1977—Subsec. (d). Pub. L. 95–99 substituted provisions authorizing compensation at a daily rate fixed by the chairman but not exceeding the rate specified for the daily rate for GS–18 of the General Schedule under sec- tion 5332 of title 5 for provisions authorizing a daily rate of $100. 1969—Subsec. (i). Pub. L. 91–120 added subsec. (i). 1968—Subsec. (a). Pub. L. 90–407, § 12, substituted pro- visions making applicable chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and General Schedule pay rates, for provisions making ap- plicable the civil-service laws and regulations and the Classification Act of 1949, and provisions that the mem- bers of special commissions be appointed without re- gard to the provisions of title 5, governing appoint- ments in the competitive service, for provisions that the Deputy Director, and members of divisional com- mittees and special commissions be appointed without regard to the civil-service laws or regulations. Provi- sions this subsection, relating to outside employment and activities of certain specified officers of the Foun- dation, were designated as subsec. (b). Subsec. (b). Pub. L. 90–407, § 12, redesignated provi- sions of former subsec. (a) as (b) and added Assistant Directors to specified officers of Foundation prohibited from engaging in outside employment and activities. Former subsec. (b), providing for the appointment of a Deputy Director, was struck out. Subsec. (d). Pub. L. 90–407, § 12, struck out applica- bility to members of each divisional committee, and substituted ‘‘$100’’ for ‘‘$50’’ and ‘‘section 5703’’ for ‘‘sec- tion 73b–2’’. Subsec. (e). Pub. L. 90–407, § 12, struck out ‘‘the divi- sional committees and’’ after ‘‘may serve as members of’’. Subsec. (f). Pub. L. 90–407, § 12, redesignated subsec. (g) as (f), in cl. (2) substituted ‘‘United States’’ for ‘‘States, Territories, possessions, and the District of Columbia’’, in cl. (3) substituted ‘‘advance scientific re- search’’ for ‘‘advance basic research’’, and in cl. (4) sub- stituted ‘‘independent scientific research’’ for ‘‘inde- pendent basic research’’. Former subsec. (f), exempting members of Board, divisional committees, or special commissions form provisions of former sections 281, 283, or 284 of title 18 or former section 99 of title 5, unless the act made unlawful by the aforementioned former sections directly involved or directly interested the Foundation, was struck out. Subsec. (g). Pub. L. 90–407, § 12, redesignated subsec. (h) as (g) and struck out ‘‘and, until such time as an ap- propriation is made available directly to the Founda- tion, for general administrative expenses of the Foun- dation without regard to limitations otherwise applica- ble to such funds’’ after ‘‘the purposes for which the transfer was made’’. Former subsec. (g) redesignated (f). Subsec. (h). Pub. L. 90–407, § 12, added subsec. (h). Former subsec. (h) redesignated (g). Subsec. (i). Pub. L. 90–407, § 12, struck out subsec. (i) which provided for transfer of National Roster of Sci- entific and Specialized Personnel from United States Employment Service to Foundation. 1959—Subsec. (d). Pub. L. 86–232 increased compensa- tion for $25 to $50 per diem. Statutory Notes and Related Subsidiaries 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. EMPLOYMENT OF MINORITIES, WOMEN, AND HANDI- CAPPED INDIVIDUALS IN EXECUTIVE LEVEL POSITIONS Pub. L. 94–471, § 7, Oct. 11, 1976, 90 Stat. 2056, provided that: ‘‘(a) The Director of the National Science Foundation shall initiate an intensive search for qualified women, members of minority groups, and handicapped individ- uals to fill executive level positions in the National Science Foundation. In carrying out the requirement of this subsection, the Director shall work closely with organizations which have been active in seeking great- er recognition and utilization of the scientific and technical capabilities of minorities, women, and handi- capped individuals. The Director shall improve the rep- resentation of minorities, women, and handicapped in- dividuals on advisory committees, review panels, and all other mechanisms by which the scientific commu- nity provides assistance to the Foundation. The Direc- tor of the National Science Foundation shall report quarterly to the Congress on the status of minorities, women, and handicapped individuals and activities un- dertaken pursuant to this section. ‘‘(b) Notwithstanding any other provision of this or any other Act, the National Science Foundation shall, with funds available from the program ‘Minorities, Women, and Handicapped Individuals in Science’ con- duct experimental forums, conferences, workshops or other activities designed to improve scientific literacy and to encourage and assist minorities, women, and handicapped individuals to undertake and to advance in careers in scientific research and science education. ‘‘(c)(1) In order to promote increased participation by minorities in careers in science and engineering, the National Science Foundation is authorized and directed to make available planning and study grants for pro- grams including, but not limited to, Minority Centers for Graduate Education in Science and Engineering in accordance with this subsection. ‘‘(2) The grants for Minority Centers for Graduate Education shall be used to determine the need for and feasibility of developing Centers to be established at geographically dispersed educational institutions which— ‘‘(A) have substantial minority student enrollment; ‘‘(B) are geographically located near minority pop- ulation centers; ‘‘(C) demonstrate a commitment to encouraging and assisting minority students, researchers, and fac- ulty; ‘‘(D) have an existing or developing capacity to offer doctoral programs in science and engineering; ‘‘(E) will support basic research and the acquisition of necessary research facilities and equipment; ‘‘(F) will serve as a regional resource in science and engineering for the minority community which the Center is designed to serve; and ‘‘(G) will develop joint educational programs with nearby undergraduate institutions of higher edu- cation which have a substantial minority student en- rollment. ‘‘(3) The Director, in consultation with groups which have been active in seeking greater recognition of the scientific and technical capabilities of minorities, shall establish criteria for the award of the grants, and shall report to the Committee on Science and Technology of the House of Representatives [now Committee on Science, Space, and Technology] and the Committee on Labor and Public Welfare [now Committee on Health, Education, Labor, and Pensions] of the Senate on the results of activities including an evaluation and assess- ment of the entire program carried out under this sub- section, not later than March 1, 1977.’’ 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 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—