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 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. Office of Director of National Science Foundation es- tablished under provisions of this section abolished and functions transferred to Director of National Science Foundation appointed pursuant to Reorg. Plan No. 2 of 1962, see section 22 (a), (b) of Reorg. Plan No. 2 of 1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, set out as a note under section 1861 of this title. § 1864a. Deputy Director of the Foundation There shall be a Deputy Director of the Foun- dation (referred to in this chapter as the ‘‘Dep- uty Director’’), who shall be appointed by the President, by and with the advice and consent of the Senate. Before any person is appointed as Deputy Director, the President shall afford the Board and the Director an opportunity to make recommendations to him with respect to such appointment. The Deputy Director shall receive basic pay at the rate provided for level III of the Executive Schedule under section 5314 of title 5, and shall perform such duties and exercise such powers as the Director may prescribe. The Dep- uty Director shall act for, and exercise the pow- ers of, the Director during the absence or dis- ability of the Director or in the event of a va- cancy in the office of Director. (May 10, 1950, ch. 171, § 6, as added Pub. L. 90–407, § 4, July 18, 1968, 82 Stat. 363; amended Pub. L. 99–383, § 7(b)(1), Aug. 21, 1986, 100 Stat. 814.) Editorial Notes AMENDMENTS 1986—Pub. L. 99–383 struck out subsec. (a) designation and struck out subsec. (b) which provided for appoint- ment of four Assistant Directors of the Foundation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section, insofar as related to rates of basic pay, effec- tive on first day of first calendar month which begins on or after July 18, 1968, see section 15(a)(4) of Pub. L. 90–407, set out as an Effective Date of 1968 Amendment note under section 5313 of Title 5, Government Organi- zation 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. § 1865. Executive Committee (a) Composition; powers and functions; member- ship; chairman There shall be an Executive Committee of the Board (referred to in this chapter as the ‘‘Execu- tive 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 chair- man of the Executive Committee. (b) Election to membership; term of office; eligi- bility for reelection At each of its annual meetings the Board shall elect two of its members as members of the Ex- ecutive Committee, and the Executive Com- mittee 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 con- secutive 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 pe- riod between any two consecutive annual meet- ings of the Board shall be deemed to be one year. (c) Term of vacancy appointment Any person elected as a member of the Execu- tive Committee to fill a vacancy occurring prior to the expiration of the term for which his pred- ecessor was elected shall be elected for the re- mainder of such term. (d) Reports; minority views The Executive Committee shall render an an- nual report to the Board, and such other reports as it may deem necessary, summarizing its ac- tivities and making such recommendations as it may deem appropriate. Minority views and rec- ommendations, if any, of members of the Execu- tive Committee shall be included in such re- ports. (May 10, 1950, ch. 171, § 7, formerly § 6, 64 Stat. 151; Pub. L. 86–232, § 4, Sept. 8, 1959, 73 Stat. 467; renumbered and amended Pub. L. 90–407, §§ 4, 5, July 18, 1968, 82 Stat. 363, 364.) Page 5157 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1868 Editorial Notes AMENDMENTS 1968—Subsec. (a). Pub. L. 90–407, § 5, made mandatory the organization of the Executive Committee, struck out prohibition that the Board may not assign to the Executive Committee the function of establishing poli- cies, and inserted provisions setting forth the number of members, their manner of election, and the status of the Director. Subsec. (b). Pub. L. 90–407, § 5, substituted provisions that Board elect two members as members of Executive Committee at its annual meeting, with period between any two consecutive annual meetings to be deemed one year, for provisions covering composition of Executive Committee, setting forth a special one year term of of- fice for four members first elected after May 10, 1950, and directing that membership of Committee represent diverse interests and areas. Provisions of former sub- secs. (b)(2)(A) and (b)(5) were redesignated as subsecs. (c) and (d), respectively. Subsec. (c). Pub. L. 90–407, § 5, redesignated former subsec. (b)(2)(A) as (c) and substituted ‘‘Any person elected as a member of the Executive Committee’’ for ‘‘any member elected’’. Former subsec. (c), authorizing the Board to appoint such additional committees as it deems necessary, and to delegate to such committees survey and advisory functions as it deems appropriate, was struck out. Subsec. (d). Pub. L. 90–407, § 5, redesignated former subsec. (b)(5) as (d) and substituted ‘‘The Executive Committee’’ for ‘‘Such Committee’’. 1959—Subsec. (a). Pub. L. 86–232 struck out prohibi- tion against assignment to Executive Committee of function of review and approval. Subsec. (b)(1). Pub. L. 86–232 authorized Board to have an Executive Committee consisting of from five to nine members rather than fixed number of nine. Statutory Notes and Related Subsidiaries 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 Executive Committee of National Science Board ap- pointed under provisions of this section abolished and functions conferred by this section transferred to Exec- utive Committee of National Science Board established by Reorg. Plan No. 2 of 1962, see sections 21(e) and 23(a)(1) of Reorg. Plan No. 2 of 1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, set out as a note under section 1861 of this title. § 1866. Divisions within Foundation There shall be within the Foundation such Di- visions as the Director, in consultation with the Board, may from time to time determine. (May 10, 1950, ch. 171, § 8, formerly § 7, 64 Stat. 152; renumbered § 8 and amended Pub. L. 90–407, §§ 4, 6, July 18, 1968, 82 Stat. 363, 364.) Editorial Notes PRIOR PROVISIONS A prior section 8 of act May 10, 1950, which was classi- fied to section 1867 of this title, was repealed by Pub. L. 90–407, § 4, July 18, 1968, 82 Stat. 363. AMENDMENTS 1968—Pub. L. 90–407, § 6, substituted provisions that there be within the Foundation such divisions as the Director, in consultation with the Board, may from time to time determine for provisions that, unless oth- erwise provided by the Board, there be within the Foundation a Division of Medical Research, a Division of Mathematical, Physical, and Engineering Sciences, a Division of Biological Sciences, a Division of Scientific Personnel and Education, and such other divisions as the Board deems necessary. Statutory Notes and Related Subsidiaries CONSOLIDATION OF DIRECTORATES Pub. L. 96–516, § 18, Dec. 12, 1980, 94 Stat. 3009, directed National Science Foundation to consolidate all Direc- torates, including Science Education Directorate, under one roof, in present location of central adminis- trative offices, on or before Aug. 1, 1982. 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. § 1867. Repealed. Pub. L. 90–407, § 4, July 18, 1968, 82 Stat. 363 Section, act May 10, 1950, ch. 171, § 8, 64 Stat. 152, au- thorized a committee for each division of the Founda- tion, and provided for the composition, terms of office, chairmenship, rules of procedure, and powers and du- ties of each divisional committee. Statutory Notes and Related Subsidiaries 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. § 1868. Special commissions (a) Each special commission established under section 1863(h) of this title shall be appointed by the Board and shall consist of such members as the Board considers appropriate. (b) Special commissions may be established to study and make recommendations to the Foun- dation on issues relating to research and edu- cation in science and engineering. (May 10, 1950, ch. 171, § 9, 64 Stat. 152; Pub. L. 90–407, § 7, July 18, 1968, 82 Stat. 364; Pub. L. 99–159, title I, § 109(d), Nov. 22, 1985, 99 Stat. 889.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–159 amended section generally. Prior to amendment, section read as follows: ‘‘(a) Each special commission established pursuant to section 1863(i) of this title shall consist of eleven mem- bers appointed by the Board, six of whom shall be emi- nent scientists and five of whom shall be persons other than scientists. Each special commission shall choose its own chairman and vice chairman. ‘‘(b) It shall be the duty of each such special commis- sion to make a comprehensive survey of research, both public and private, being carried on in its field, and to formulate and recommend to the Foundation at the earliest practicable date an over-all research program in its field.’’ 1968—Subsec. (a). Pub. L. 90–407 substituted ‘‘section 1863(i) of this title’’ for ‘‘section 1862(a)(7) of this title’’.