TITLE 42 - US CODE - CHAPTER 16 - NATIONAL SCIENCE FOUNDATION

42 USC 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.

42 USC 1862 - Functions

(a) Initiation and support of studies and programs; scholarships; current register of scientific and engineering personnel 
The Foundation is authorized and directed
(1) to initiate and support basic scientific research and programs to strengthen scientific research potential and science education programs at all levels in the mathematical, physical, 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 engineering, by making contracts or other arrangements (including grants, loans, and other forms of assistance) to support such scientific, engineering, and educational activities and to appraise the impact of research upon industrial development and upon the general welfare;
(2) to award, as provided in section 1869 of this title, scholarships and graduate fellowships 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, primarily 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 Government, by individuals, and by public and private research groups, employing by grant or contract such consulting services as it may deem necessary for the purpose of such evaluations; and to take into consideration the results of such evaluations in correlating the research and educational programs undertaken or supported by the Foundation with programs, projects, and studies undertaken by agencies of the Federal Government, by individuals, 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 formulation 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 construction of the facilities wherein such research is conducted, received by each educational institution and appropriate nonprofit">nonprofit organization in the United States, by grant, contract, or other arrangement from agencies of the Federal 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 information systems.
(b) Contracts, grants, loans, etc., for scientific and engineering activities; financing of programs 
The Foundation is authorized to initiate and support specific scientific and engineering activities in connection with matters relating to international cooperation, national security, and the effects of scientific and engineering applications upon society by making contracts or other arrangements (including grants, loans, and other forms of assistance) for the conduct of such activities. When initiated or supported pursuant to requests made by any other Federal department or agency, including the Office of Technology Assessment, such activities shall be financed whenever feasible from funds transferred to the Foundation by the requesting official as provided in section 1873 (f) of this title, and any such activities shall be unclassified and shall be identified by the Foundation as being undertaken at the request of the appropriate official.
(c) Scientific and engineering research programs at academic and other nonprofit">nonprofit institutions; applied scientific and engineering research programs by Presidential directive; employment of consulting services; coordination of activities 
In addition to the authority contained in subsections (a) and (b) of this section, the Foundation is authorized to initiate and support scientific and engineering research, including applied research, at academic and other nonprofit">nonprofit institutions. When so directed by the President, the Foundation is further authorized to support, through other appropriate organizations, applied scientific research and engineering research relevant to national problems involving the public interest. In exercising the authority contained in this subsection, the Foundation may employ by grant or contract such consulting services as it deems necessary, and shall coordinate and correlate its activities with respect to any such problem with other agencies of the Federal Government undertaking similar programs in that field.
(d) Promotion of research and education in science and engineering 
The Board and the Director shall recommend and encourage the pursuit of national policies for the promotion of research and education in science and engineering.
(e) Balancing of research and educational activities in the sciences and engineering 
In exercising the authority and discharging the functions referred to in the foregoing subsections, it shall be an objective of the Foundation to strengthen research and education in the sciences and engineering, including independent research by individuals, throughout the United States, and to avoid undue concentration of such research and education.
(f) Annual report to the President and Congress 
The Foundation shall render an annual report to the President for submission on or before the 15th day of April of each year to the Congress summarizing the activities of the Foundation and making such recommendations as it may deem appropriate. Such report shall include information as to the acquisition and disposition by the Foundation of any patents and patent rights.
(g) Support of access to computer networks 
In carrying out subsection (a)(4) of this section, the Foundation is authorized to foster and support access by the research and education communities to computer networks which may be used substantially for purposes in addition to research and education in the sciences and engineering, if the additional uses will tend to increase the overall capabilities of the networks to support such research and education activities.

42 USC 1862a - Findings and purpose

(a) The Congress finds that
(1) the fundamental research and related education program supported by the Federal Government and conducted by the Nations universities and colleges are essential to our national security, and to our health, economic welfare, and general well-being;
(2) many national research and related education programs conducted by universities and colleges are now hindered by obsolete research buildings and equipment, and many institutions lack sufficient resources to repair, renovate, or replace their laboratories;
(3) the Nations capacity to conduct high quality research and education programs and to maintain its competitive position at the forefront of modern science, engineering, and technology is threatened by this research capital deficit, which poses serious and adverse consequences to our future national security, health, welfare, and ability to compete in the international marketplace;
(4) a national effort to spur reinvestment in research facilities is needed, and national, State, and local policies and cooperative programs are required that will yield maximum return on the investment of scarce national resources and sustain a commitment to excellence in research and education; and
(5) the Foundation, as part of its responsibility for maintaining the vitality of the Nations academic research, and in partnership with the States, industry, and universities and colleges, must assist in enhancing the historic linkages between Federal investment in academic research and training and investment in the research capital base by reinvesting in the capital facilities which modern research and education programs require.
(b) It is the purpose of sections 1862a to 1862d of this title to assist in modernizing and revitalizing the Nations research facilities at institutions of higher education, independent non-profit research institutions and research museums, and consortia thereof, through capital investment.

42 USC 1862b - Establishment of Program

(a) Establishment; purpose 

(1) To carry out sections 1862a to 1862d of this title, the Director shall establish and carry out a new Academic Research Facilities Modernization Program (hereafter in sections 1862a to 1862d of this title referred to as the Program), under which awards are made to institutions of higher education, independent nonprofit">nonprofit research institutions, and research museums, and consortia thereof, for the repair, renovation, or, in exceptional cases, replacement of obsolete science and engineering facilities primarily devoted to research.
(2) Such awards shall, consistent with the functions of the Foundation set forth in section 1862 of this title and through established Foundation selection procedures, serve to
(A) promote the modernization of graduate academic science and engineering research laboratories and related facilities so as to facilitate and support research in the scientific and engineering disciplines;
(B) assist those academic institutions that historically have received relatively little Federal research and development funds to improve their academic science and engineering infrastructures and broaden and strengthen the Nations science and engineering base; and
(C) promote the modernization of undergraduate academic science and engineering research laboratories and related facilities so as to facilitate and support research in the scientific and engineering disciplines.
(b) Improvement projects; maximum amounts 

(1) The Program shall be carried out through projects which involve the repair, renovation, or, in exceptional cases, replacement of specific science and engineering facilities devoted primarily to research at eligible institutions, or consortia thereof, and for which funds are awarded in response to specific proposals submitted by such eligible institutions or consortia in accordance with procedures prescribed by the Director pursuant to section 1862c of this title.
(2) Awards made under the Program shall not exceed $7,000,000 to any institution or consortium over any period of 5 years for the repair, renovation, or, in exceptional cases, replacement of academic research facilities.
(3) The Director shall, in making awards under the Program, consider the extent to which that institution or consortium has received funds for the repair, renovation, construction, or replacement of academic facilities from any other Federal funding source within the 5-year period immediately preceding the application. The Director shall give priority to institutions or consortia that have not received such funds in the preceding 5 years.
(4) The Director shall, in awarding funds under sections 1862a to 1862d of this title, consider the distribution of funds among institutions of different sizes and geographical locations.
(c) Criteria for award of funds 
Criteria for the award of funds to any institution for a project under the Program shall include
(1) the quality of the research and training to be carried out in the facility or facilities involved;
(2) the need for the proposed repair, renovation, or, in exceptional cases, replacement based on an analysis of the age and condition of existing research facilities and equipment;
(3) the congruence of the institutions research and training activities with the future research needs of the Nation and the research mission of the Foundation;
(4) the contribution that the project will make toward meeting national, regional, and institutional research and related training needs;
(5) in the case of an institution that historically has received relatively little Federal research and development funding, the contribution the proposed project will make to improving the institutions academic scientific and engineering infrastructure and broadening the Nations science and engineering base; and
(6) the impact of the award on the overall geographic distribution of awards made under the Program, with the objective of avoiding undue concentration of awards.

42 USC 1862c - Procedures, guidelines, and planning activities

(a) Procedures 

(1) The Director shall, consistent with the objectives of the Program and the criteria set forth in section 1862b (c) of this title, set forth procedures for the Program.
(2) The procedures so prescribed shall contain such terms, conditions, and guidelines as may be necessary in the light of Program objectives, but shall in any event provide that
(A) funds to carry out the Program will be awarded only on the basis of merit after a comprehensive review using established Foundation procedures;
(B) the membership of merit review panels that assess proposals will be broadly representative of eligible institutions, including research universities and predominantly undergraduate and minority institutions;
(C) the institution receiving an award shall provide at least 50 percent of the cost, in cash or in kind, fairly evaluated, of the repair, renovation, or replacement involved and shall provide this contribution from private or non-Federal public sources, except that the Director may accept a match of less than 50 percent, but at least 30 percent, for institutions which are not ranked among the top 100 of the institutions receiving Federal research and development funding, as documented in the latest annual report of the Foundation entitled Federal Support to Universities, Colleges, and Selected Nonprofit Institutions; and
(D) to the extent practicable, eligible institutions of a given type will compete against similar institutions for Program awards.
(b) Comprehensive planning activities 
The Director shall conduct comprehensive planning activities, including surveys of research facility needs and other information-gathering activities, necessary to implement the Program and to develop the procedures called for under subsection (a) of this section.
(c) Guidelines 
Prior to the issuance of the comprehensive plan required by subsection (d) of this section, and consistent with the Program criteria set forth in section 1862b (c) of this title, the Director shall publish in the Federal Register proposed Program guidelines for public review for a comment period of 30 days. Such guidelines shall provide detailed information on eligibility, criteria, terms, and conditions and shall include, but not be limited to
(1) definitions for the terms institutions of higher education, private non-profit research organizations, research museums, consortia, facilities, facilities primarily devoted to research, instrumentation, equipment, repair, renovation, and replacement;
(2) selection criteria to be used by the Foundation in evaluating proposals from institutions and consortia thereof, including criteria for evaluating scientific merit and for evaluating the age and condition of existing research facilities; and
(3) requirements for matching a Program award with contributions from non-Federal sources.
(d) Comprehensive plan 
The Director, after gathering appropriate information and after considering comments on the proposed Program guidelines published in the Federal Register pursuant to subsection (c) of this section, shall develop a comprehensive plan for the Program that
(1) defines the appropriate roles and responsibilities of the Federal Government, institutions of higher education, State governments, private foundations, and other appropriate organizations;
(2) states what procedures will be used to ensure that predominantly undergraduate institutions and colleges and universities that historically have received little Federal research and development funding will receive substantial percentages of the funds awarded under sections 1862a to 1862d of this title;
(3) states the estimated percentage of Program funds available for each category of eligible institutions, including predominantly undergraduate institutions and colleges and universities that historically have received little Federal research and development funding as well as research universities; and
(4) evaluates and addresses, to the maximum extent possible, a variety of factors which include
(A) the unique circumstances and research facilities needs of research universities, undergraduate institutions, and other institutions whose enrollment includes substantial percentages of minorities underrepresented in science and engineering research;
(B) innovative approaches in the management of the Program that address both short-term and long-term aspects of the renovation, repair, and replacement of academic research facilities;
(C) programmatic approaches that recognize and support excellence, strengthen scientific and engineering research potential and, to the maximum extent possible and consistent with the purposes of this Act, assure an equitable distribution of resources with respect to institutions and geographical areas; and
(D) any recommendations necessary to improve the Program and further meet the purposes of sections 1862a to 1862d of this title.
(e) Report 
The Director shall prepare and submit, not later than June 15, 1989, a report containing the comprehensive plan required by subsection (d) of this section to the Committee on Labor and Human Resources and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.
(f) Final guidelines 
Final guidelines shall be published in the Federal Register not later than 45 days after the submission of the report required under subsection (e) of this section.
(g) Amount available for this section 
The Director shall, from amounts available to the Foundation under section 101(b) of this Act for fiscal year 1989, make available an amount, not to exceed $1,000,000, to carry out the provisions of this section. None of the funds authorized to be appropriated in section 101 of this Act may be used for grant or contract awards under the Program prior to completion and submission to Congress of the comprehensive plan required by subsection (d) of this section.
(h) Consultation with Secretary of Education and heads of other agencies 
In conducting the activities under the Program, the Director shall consult with the Secretary of Education and the heads of other related agencies.

42 USC 1862d - Set-aside for certain institutions

Of the amounts appropriated to the Foundation for the Program, as authorized under section 101 of this Act, in each fiscal year, at least 12 percent shall be reserved for historically Black colleges or universities defined as part B institutions by section 1061 (2) of title 20 and other institutions of higher education whose enrollment includes a substantial percentage of students who are Black Americans, Hispanic Americans, or Native Americans.

42 USC 1862e - Evaluations of research centers

In carrying out performance reviews of research centers by the Foundation, the Director shall take such action as may be necessary, consistent with the merit review process of the Foundation, to ensure that
(1) members of review panels are free from any conflict of interest; and
(2) the conditions of each award to such centers have been fulfilled.

42 USC 1862f - Research center consortia

In Foundation programs making grants to research centers, the Director shall encourage the formation of consortia that include research universities, two-year and four-year colleges, and the private sector.

42 USC 1862g - Experimental Program to Stimulate Competitive Research

(a) The Director shall operate an Experimental Program to Stimulate Competitive Research, the purpose of which is to assist those States that
(1) historically have received relatively little Federal research and development funding; and
(2) have demonstrated a commitment to develop their research bases and improve science and engineering research and education programs at their universities and colleges.
(b) A State which has received an initial award under such Program, whether or not the award was received before or after October 31, 1988, shall be eligible for up to 5 years of additional support under the program[1] if that State provides assurances of new matching funds and submits an acceptable new plan for using Program funds and matching funds to build the research capabilities of the State.
[1] So in original. Probably should be capitalized.

42 USC 1862h - Congressional statement of findings and declaration of purposes respecting scientific and technical education and training

(a) Findings 
The Congress finds that
(1) the position of the United States in the world economy faces great challenges from highly trained foreign competition;
(2) the workforce of the United States must be better prepared for the technologically advanced, competitive, global economy;
(3) the improvement of our work forces productivity and our international economic position depend upon the strengthening of our educational efforts in science, mathematics, and technology, especially at the associate-degree level;
(4) shortages of scientifically and technically trained workers in a wide variety of fields will best be addressed by collaboration among the Nations associate-degree-granting colleges and private industry to produce skilled, advanced technicians; and
(5) the National Science Foundations traditional role in developing model curricula, disseminating instructional materials, enhancing faculty development, and stimulating partnerships between educational institutions and industry, makes an enlarged role for the Foundation in scientific and technical education and training particularly appropriate.
(b) Purposes 
It is the purpose of sections 1862h to 1862j of this title to
(1) improve science and technical education at associate-degree-granting colleges;
(2) improve secondary school and postsecondary curricula in mathematics and science;
(3) improve the educational opportunities of postsecondary students by creating comprehensive articulation agreements and planning between 2-year and 4-year institutions; and
(4) promote outreach to secondary schools to improve mathematics and science instruction.

42 USC 1862i - Scientific and technical education

(a) National advanced scientific and technical education program 
The Director of the National Science Foundation (hereafter in sections 1862h to 1862j of this title referred to as the Director) shall award grants to associate-degree-granting colleges, and consortia thereof, to assist them in providing education in advanced-technology fields, and to improve the quality of their core education courses in science and mathematics. The grant program shall place emphasis on the needs of students who have been in the workforce (including work in the home), and shall be designed to strengthen and expand the scientific and technical education and training capabilities of associate-degree-granting colleges through such methods as
(1) the development of model instructional programs in advanced-technology fields and in core science and mathematics courses;
(2) the professional development of faculty and instructors, both full- and part-time, who provide instruction in science, mathematics, and advanced-technology fields;
(3) the establishment of innovative partnership arrangements that
(A) involve associate-degree-granting colleges and other appropriate public and private sector entities,[1]
(B) provide for private sector donations, faculty opportunities to have short-term assignments with industry, sharing of program costs, equipment loans, and the cooperative use of laboratories, plants, and other facilities, and provision for state-of-the-art work experience opportunities for students enrolled in such programs; and
(C) encourage participation of individuals identified in section 1885a or 1885b of this title;
(4) the acquisition of state-of-the-art instrumentation essential to programs designed to prepare and upgrade students in scientific and advanced-technology fields; and
(5) the development and dissemination of instructional materials in support of improving the advanced scientific and technical education and training capabilities of associate-degree-granting colleges, including programs for students who are not pursuing a science degree.
(b) National centers of scientific and technical education 
The Director shall award grants for the establishment of centers of excellence, not to exceed 10 in number, among associate-degree-granting colleges. Centers shall meet one or both of the following criteria:
(1) Exceptional instructional programs in advanced-technology fields.
(2) Excellence in undergraduate education in mathematics and science.

The centers shall serve as national and regional clearinghouses and models for the benefit of both colleges and secondary schools, and shall provide seminars and programs to disseminate model curricula and model teaching methods and instructional materials to other associate-degree-granting colleges in the geographic region served by the center.

(c) Articulation partnerships 

(1) Partnership grants 

(A) The Director shall make grants to eligible partnerships to encourage students to pursue bachelor degrees in mathematics, science, engineering, or technology, and to assist students pursuing bachelor degrees in mathematics, science, engineering, or technology to make the transition from associate-degree-granting colleges to bachelor-degree-granting institutions, through such means as
(i) examining curricula to ensure that academic credit earned at the associate-degree-granting college is transferable to bachelor-degree-granting institutions;
(ii) informing teachers from the associate-degree-granting college on the specific requirements of courses at the bachelor-degree-granting institution; and
(iii) providing summer educational programs for students from the associate-degree-granting college to encourage such students subsequent matriculation at bachelor-degree-granting institutions.
(B) Each eligible partnership receiving a grant under this paragraph shall, at a minimum
(i) counsel students, including students who have been in the workforce (including work in the home), about the requirements and course offerings of the bachelor-degree-granting institution;
(ii) conduct workshops and orientation sessions to ensure that students are familiar with programs, including laboratories and financial aid programs, at the bachelor-degree-granting institution;
(iii) provide students with research experiences at bachelors-degree-granting institutions participating in the partnership, including stipend support for students participating in summer programs; and
(iv) provide faculty mentors for students participating in activities under clause (iii), including summer salary support for faculty mentors.

Funds used by eligible partnerships to carry out clauses (i) and (ii) shall be from non-Federal sources. In-cash and in-kind resources used by eligible partnerships to carry out clauses (i) and (ii) shall not be considered to be contributions for purposes of applying subsection (f)(3) of this section.

(C) Any institution participating in a partnership that receives a grant under this paragraph shall be ineligible to receive assistance under part B of title I of the Higher Education Act of 1965 [20 U.S.C. 1011 et seq.] for the duration of the grant received under this paragraph.
(2) Outreach grants 
The Director shall make grants to associate-degree-granting colleges with outstanding mathematics and science programs to strengthen relationships with secondary schools in the community served by the college by improving mathematics and science education and encouraging the interest and aptitude of secondary school students for careers in science and advanced-technology fields through such means as developing agreements with local educational agencies to enable students to satisfy entrance and course requirements at the associate-degree-granting college.
(3) Mentor training grants 
The Director shall
(A) establish a program to encourage and make grants available to institutions of higher education that award associate degrees to recruit and train individuals from the fields of science, technology, engineering, and mathematics to mentor students who are described in section 1885a or 1885b of this title in order to assist those students in identifying, qualifying for, and entering higher-paying technical jobs in those fields; and
(B) make grants available to associate-degree-granting colleges to carry out the program identified in subsection[2] (A).
(d) Coordination with other Federal departments 
In carrying out this section, the Director shall consult, cooperate, and coordinate, to enhance program effectiveness and to avoid duplication, with the programs and policies of other relevant Federal agencies. In carrying out subsection (c) of this section, the Director shall coordinate activities with programs receiving assistance under part B of title I of the Higher Education Act of 1965 [20 U.S.C. 1011 et seq.].
(e) Limitation on funding 
To qualify for a grant under this section, an associate-degree-granting college, or consortium thereof, shall provide assurances adequate to the Director that it will not decrease its level of spending of funds from non-Federal sources on advanced scientific and technical education and training programs.
(f) Functions of Director 
In carrying out sections 1862h to 1862j of this title, the Director shall
(1) award grants on a competitive, merit basis;
(2) ensure an equitable geographic distribution of grant awards;
(3) ensure that an applicant for a grant awarded under subsection (a), (b), or (c)(1) of this section will make an in-cash or in-kind contribution in an amount equal to at least 25 percent of the cost of the program, and for a grant awarded under subsection (c)(2) of this section will make an in-cash or in-kind contribution in an amount at least equal to the amount of the grant award;
(4) establish and maintain a readily accessible inventory of the programs assisted under sections 1862h to 1862j of this title; and
(5) designate an officer of the National Science Foundation to serve as a liaison with associate-degree-granting institutions for the purpose of enhancing the role of such institutions in the activities of the Foundation.
(g) Definitions 
As used in this section
(1) the term advanced-technology includes advanced technical activities such as the modernization, miniaturization, integration, and computerization of electronic, hydraulic, pneumatic, laser, nuclear, chemical, telecommunication, fiber optic, robotic, and other technological applications to enhance productivity improvements in manufacturing, communication, transportation, commercial, and similar economic and national security activities;
(2) the term associate-degree-granting college means an institution of higher education (as determined under section 101 of the Higher Education Act of 1965 [20 U.S.C. 1001]) that
(A) is a nonprofit">nonprofit institution that offers a 2-year associate-degree program or a 2-year certificate program; or
(B) is a proprietary institution that offers a 2-year associate-degree program;
(3) the term bachelor-degree-granting institution means an institution of higher education (as determined under section 101 of the Higher Education Act of 1965 [20 U.S.C. 1001]) that offers a baccalaureate degree program;
(4) the term eligible partnership means one or more associate-degree-granting colleges in partnership with one or more separate bachelor-degree-granting institutions; and
(5) the term local educational agency has the meaning given such term in section 2891 (12)3 of title 20.
[1] So in original. The comma probably should be a semicolon.
[2] So in original. Probably should be “subparagraph”.
[3] See References in Text note below.

42 USC 1862j - Authorization of appropriations

There are authorized to be appropriated, from sums otherwise authorized to be appropriated, to the Director for carrying out sections 1862h to 1862j of this title
(1) $35,000,000 for fiscal year 1992; and
(2) $35,000,000 for fiscal year 1993.

42 USC 1862k - Findings; core strategies

(a) Findings 
Congress finds the following:
(1) The United States depends upon its scientific and technological capabilities to preserve the military and economic security of the United States.
(2) Americas leadership in the global marketplace is dependent upon a strong commitment to education, basic research, and development.
(3) A nation that is not technologically literate cannot compete in the emerging global economy.
(4) A coordinated commitment to mathematics and science instruction at all levels of education is a necessary component of successful efforts to produce technologically literate citizens.
(5) Professional development is a necessary component of efforts to produce system-wide improvements in mathematics, engineering, and science education in secondary, elementary, and postsecondary settings.
(6) 
(A) The mission of the National Science Foundation is to provide Federal support for basic scientific and engineering research, and to be a primary contributor to mathematics, science, and engineering education at academic institutions in the United States.
(B) In accordance with such mission, the long-term goals of the National Science Foundation include providing leadership to
(i) enable the United States to maintain a position of world leadership in all aspects of science, mathematics, engineering, and technology;
(ii) promote the discovery, integration, dissemination, and application of new knowledge in service to society; and
(iii) achieve excellence in United States science, mathematics, engineering, and technology education at all levels.
(b) Core strategies 
In carrying out activities designed to achieve the goals described in subsection (a) of this section, the Foundation shall use the following core strategies:
(1) Develop intellectual capital, both people and ideas, with particular emphasis on groups and regions that traditionally have not participated fully in science, mathematics, and engineering.
(2) Strengthen the scientific infrastructure by investing in facilities planning and modernization, instrument acquisition, instrument design and development, and shared-use research platforms.
(3) Integrate research and education through activities that emphasize and strengthen the natural connections between learning and inquiry.
(4) Promote partnerships with industry, elementary and secondary schools, community colleges, colleges and universities, other agencies, State and local governments, and other institutions involved in science, mathematics, and engineering to enhance the delivery of math and science education and improve the technological literacy of the citizens of the United States.

42 USC 1862l - National research facilities

(a) Facilities plan 

(1) In general 
The Director shall prepare, and include as part of the Foundations annual budget request to Congress, a plan for the proposed construction of, and repair and upgrades to, national research facilities, including full life-cycle cost information.
(2) Contents of the plan 
The plan shall include
(A) estimates of the costs for the construction, repairs, and upgrades described in paragraph (1), including costs for instrumentation development;
(B) estimates of the costs for the operation and maintenance of existing and proposed new facilities;
(C) in the case of proposed new construction and for major upgrades to existing facilities, funding profiles, by fiscal year, and milestones for major phases of the construction;
(D) for each project funded under the major research equipment and facilities construction account and for major upgrades of facilities in support of Antarctic research programs
(i) estimates of the total project cost (from planning to commissioning); and
(ii) the source of funds, including Federal funding identified by appropriations category and non-Federal funding;
(E) estimates of the full life-cycle cost of each national research facility;
(F) information on any plans to retire national research facilities; and
(G) estimates of funding levels for grants supporting research that will be conducted using each national research facility.
(3) Special rule 
The plan shall include cost estimates in the categories of construction, repair, and upgrades
(A) for the year in which the plan is submitted to Congress; and
(B) for not fewer than the succeeding 4 years.
(b) Status of facilities under construction 
The plan required under subsection (a) of this section shall include a status report for each uncompleted construction project included in current and previous plans. The status report shall include data on cumulative construction costs by project compared with estimated costs, and shall compare the current and original schedules for achievement of milestones for the major phases of the construction.

42 USC 1862m - Financial disclosure

Persons temporarily employed by or at the Foundation shall be subject to the same financial disclosure requirements and related sanctions under the Ethics in Government Act of 1978 (5 U.S.C. App.) as are permanent employees of the Foundation in equivalent positions.

42 USC 1862n - Mathematics and science education partnerships

(a) Program authorized 

(1) In general 

(A) The Director shall carry out a program to award grants to institutions of higher education or eligible nonprofit">nonprofit organizations (or consortia of such institutions or organizations) to establish mathematics and science education partnership programs to improve elementary and secondary mathematics and science instruction.
(B) Grants shall be awarded under this subsection on a competitive, merit-reviewed basis.
(2) Partnerships 

(A) In order to be eligible to receive a grant under this subsection, an institution of higher education or eligible nonprofit">nonprofit organization (or consortium of such institutions or organizations) shall enter into a partnership with one or more local educational agencies that may also include the department, college, or program of education at an institution of higher education, a State educational agency, or one or more businesses.
(B) A participating institution of higher education shall include mathematics, science, or engineering departments in the programs carried out through a partnership under this paragraph.
(3) Uses of funds 
Grants awarded under this subsection shall be used for activities that draw upon the expertise of the partners to improve elementary or secondary education in mathematics or science and that are consistent with State mathematics and science student academic achievement standards, including
(A) recruiting and preparing students for careers in elementary or secondary mathematics or science education;
(B) offering professional development programs, including
(i) teacher institutes for the 21st century, as described in paragraph (10); and
(ii) academic year institutes or workshops that
(I) are designed to strengthen the capabilities of mathematics and science teachers; and
(II) may include professional development activities to prepare mathematics and science teachers to teach challenging mathematics, science, and technology college-preparatory courses;
(C) offering innovative preservice and inservice programs that instruct teachers on using technology and laboratory experiences more effectively in teaching mathematics and science, including programs that recruit and train undergraduate and graduate students to provide technical and laboratory support to teachers;
(D) developing distance learning programs for teachers or students, including developing courses, curricular materials, and other resources for the in-service professional development of teachers that are made available to teachers through the Internet;
(E) developing a cadre of master teachers who will promote reform and improvement in schools;
(F) offering teacher preparation and certification programs for professional mathematicians, scientists, and engineers who wish to begin a career in teaching;
(G) developing tools to evaluate activities conducted under this subsection;
(H) developing or adapting elementary school and secondary school mathematics and science curricular materials that incorporate contemporary research on the science of learning;
(I) developing initiatives to increase and sustain the number, quality, and diversity of prekindergarten through grade 12 teachers of mathematics and science, including the use of induction programs, as defined in section 9813 (h) of title 20, for teachers in their first 2 years of teaching, especially in underserved areas;
(J) using mathematicians, scientists, and engineers employed by private businesses to help recruit and train mathematics and science teachers;
(K) developing science, technology, engineering, and mathematics educational programs and materials and conducting science, technology, engineering, and mathematics enrichment programs for students, including after-school programs and summer programs, with an emphasis on including and serving students described in subsection (b)(2)(G);
(L) providing research opportunities in business or academia for students and teachers;
(M) bringing mathematicians, scientists, and engineers from business and academia into elementary school and secondary school classrooms; and
(N) any other activities the Director determines will accomplish the goals of this subsection.
(4) Master teachers 
Activities carried out in accordance with paragraph (3)(E) shall
(A) emphasize the training of master teachers who will improve the instruction of mathematics or science in kindergarten through grade 12;
(B) include training in both content and pedagogy; and
(C) provide training only to teachers who will be granted sufficient nonclassroom time to serve as master teachers, as demonstrated by assurances their employing school has provided to the Director, in such time and such manner as the Director may require.
(5) Science enrichment programs for girls 
Activities carried out in accordance with paragraph (3)(K) and (L) shall include elementary school and secondary school programs to encourage the ongoing interest of girls in science, mathematics, engineering, and technology and to prepare girls to pursue undergraduate and graduate degrees and careers in science, mathematics, engineering, or technology. Funds made available through awards to partnerships for the purposes of this paragraph may support programs for
(A) encouraging girls to pursue studies in science, mathematics, engineering, and technology and to major in such fields in postsecondary education;
(B) tutoring girls in science, mathematics, engineering, and technology;
(C) providing mentors for girls in person and through the Internet to support such girls in pursuing studies in science, mathematics, engineering, and technology;
(D) educating the parents of girls about the difficulties faced by girls to maintain an interest and desire to achieve in science, mathematics, engineering, and technology, and enlisting the help of parents in overcoming these difficulties; and
(E) acquainting girls with careers in science, mathematics, engineering, and technology and encouraging girls to plan for careers in such fields.
(6) Research in secondary schools 
Activities carried out in accordance with paragraph (3)(K) may include support for research projects performed by students at secondary schools. Uses of funds made available through awards to partnerships for purposes of this paragraph may include
(A) training secondary school mathematics and science teachers in the design of research projects for students;
(B) establishing a system for students and teachers involved in research projects funded under this subsection to exchange information about their projects and research results; and
(C) assessing the educational value of the student research projects by such means as tracking the academic performance and choice of academic majors of students conducting research.
(7) Stipends 
Grants awarded under this subsection may be used to provide stipends for teachers or students participating in training or research activities that would not be part of their typical classroom activities.
(8) Mentors for teachers and students of challenging courses 
Partnerships carrying out activities to prepare mathematics and science teachers to teach challenging mathematics, science, and technology college-preparatory courses in accordance with paragraph (3)(B) shall encourage companies employing scientists, technologists, engineers, or mathematicians to provide mentors to teachers and students and provide for the coordination of such mentoring activities.
(9) Innovation 
Activities carried out in accordance with paragraph (3)(H) may include the development and dissemination of curriculum tools that will help foster inventiveness and innovation.
(10) Teacher institutes for the 21st century 

(A) In general 
Teacher institutes for the 21st century carried out in accordance with paragraph (3)(B) shall
(i) be carried out in conjunction with a school served by the local educational agency in the partnership;
(ii) be science, technology, engineering, and mathematics focused institutes that provide professional development to elementary school and secondary school teachers;
(iii) serve teachers who
(I) are considered highly qualified (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801]);
(II) teach high-need subjects in science, technology, engineering, or mathematics; and
(III) teach in high-need schools (as described in section 1114(a)(1) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6314 (a)(1)]);
(iv) focus on the priorities developed by the Director in consultation with a broad group of relevant educational organizations;
(v) be content-based and build on school year curricula that are experiment-oriented, content-based, and grounded in current research;
(vi) ensure that the pedagogy component is designed around specific strategies that are relevant to teaching the subject and content on which teachers are being trained, which may include training teachers in the essential components of reading instruction for adolescents in order to improve student reading skills within the subject areas of science, technology, engineering, and mathematics;
(vii) be a multiyear program that is conducted for a period of not less than 2 weeks per year;
(viii) provide for direct interaction between participants in and faculty of the teacher institute;
(ix) have a component that includes the use of the Internet;
(x) provide for followup training in the classroom during the academic year for a period of not less than 3 days, which may or may not be consecutive, for participants in the teacher institute, except that for teachers in rural local educational agencies, the followup training may be provided through the Internet;
(xi) provide teachers participating in the teacher institute with travel expense reimbursement and classroom materials related to the teacher institute, and may include providing stipends as necessary; and
(xii) establish a mechanism to provide supplemental support during the academic year for teacher institute participants to apply the knowledge and skills gained at the teacher institute.
(B) Optional members of the partnership 
In addition to the partnership requirement under paragraph (2), an institution of higher education or eligible nonprofit">nonprofit organization (or consortium) desiring a grant for a teacher institute for the 21st century may also partner with a teacher organization, museum, or educational partnership organization.
(b) Selection process 

(1) Application 
An institution of higher education or an eligible nonprofit">nonprofit organization (or a consortium of such institutions or organizations) seeking funding under subsection (a) of this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum
(A) a description of the partnership and the role that each member will play in implementing the proposal;
(B) a description of each of the activities to be carried out, including
(i) how such activities will be aligned with State mathematics and science student academic achievement standards and with other activities that promote student achievement in mathematics and science;
(ii) how such activities will be based on a review of relevant research;
(iii) why such activities are expected to improve student performance and strengthen the quality of mathematics and science instruction; and
(iv) any activities that will encourage the interest of individuals identified in section 1885a or 1885b of this title in mathematics, science, engineering, and technology and will help prepare such individuals to pursue postsecondary studies in these fields;
(C) a description of the number, size, and nature of any stipends that will be provided to students or teachers and the reasons such stipends are needed;
(D) a description of how the partnership will serve as a catalyst for reform of mathematics and science education programs;
(E) a description of how the partnership will assess its success;
(F) a description of how the partnership will collaborate with the State educational agency to ensure that successful partnership activities may be replicated throughout the State; and
(G) a description of the manner in which the partnership will be continued after assistance under this section ends.
(2) Review of applications 
In evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum
(A) the ability of the partnership to carry out effectively the proposed programs;
(B) the extent to which the members of the partnership are committed to making the partnership a central organizational focus;
(C) the degree to which activities carried out by the partnership are based on relevant research and are likely to result in increased student achievement;
(D) the degree to which such activities are aligned with State mathematics and science student academic achievement standards;
(E) the extent to which the evaluation described in paragraph (1)(E) will be independent and based on objective measures;
(F) the likelihood that the partnership will demonstrate activities that can be widely implemented as part of larger scale reform efforts; and
(G) the extent to which the activities will encourage the interest of individuals identified in section 1885a or 1885b of this title in mathematics, science, engineering, and technology and will help prepare such individuals to pursue postsecondary studies in these fields.
(3) Awards 
In awarding grants under this section, the Director shall
(A) give priority to applications in which the partnership includes a high-need local educational agency or a high-need local educational agency in which at least one school does not make adequate yearly progress, as determined pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); and
(B) ensure that, to the extent practicable, a substantial number of the partnerships funded under this section include businesses.
(c) Accountability and dissemination 

(1) Assessment required 
The Director shall evaluate the program established under subsection (a) of this section. At a minimum, such evaluation shall
(A) use a common set of benchmarks and assessment tools to identify best practices and materials developed and demonstrated by the partnerships; and
(B) to the extent practicable, compare the effectiveness of practices and materials developed and demonstrated by the partnerships authorized under this section with those of partnerships funded by other State or Federal agencies.
(2) Report on evaluations 
Not later than 4 years after August 9, 2007, the Director shall transmit a report summarizing the evaluations required under subsection (b)(1)(E) of grants received under this program and describing any changes to the program recommended as a result of these evaluations to the Committee on Science and Technology and the Committee on Education and Labor of the House of Representatives and to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate. Such report shall be made widely available to the public.
(3) Annual meeting 
The Director, in consultation with the Secretary of Education, shall convene an annual meeting of the partnerships participating under this section to foster greater national collaboration.
(4) Report on coordination 
The Director, in consultation with the Secretary of Education, shall provide an annual report to the Committee on Science of the House of Representatives, the Committee on Education and the Workforce of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate describing how the program authorized under this section has been and will be coordinated with the program authorized under part B of title II of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6661 et seq.]. The report under this paragraph shall be submitted along with the Presidents annual budget request.
(5) Technical assistance 
At the request of an eligible partnership or a State educational agency, the Director shall provide the partnership or agency with technical assistance in meeting any requirements of this section, including providing advice from experts on how to develop
(A) a quality application for a grant; and
(B) quality activities from funds received from a grant under this section.
(d) Definitions 
In this section
(1) the term mathematics and science teacher means a science, technology, engineering, or mathematics teacher at the elementary school or secondary school level; and
(2) the term science, in the context of elementary and secondary education, includes technology and pre-engineering.

42 USC 1862n1 - Robert Noyce Teacher Scholarship Program

(a) Scholarship program 

(1) In general 
The Director shall carry out a program to award grants to eligible entities to recruit and train mathematics and science teachers and to provide scholarships and stipends to individuals participating in the program. Such program shall be known as the Robert Noyce Teacher Scholarship Program.
(2) Merit review 
Grants shall be provided under this section on a competitive, merit-reviewed basis.
(3) Use of grants 
A grant provided under this section shall be used by the eligible entity
(A) to develop and implement a program to recruit and prepare undergraduate students majoring in science, technology, engineering, and mathematics at the eligible entity (and participating institutions of higher education of the consortium, if applicable) to become qualified as mathematics and science teachers, through
(i) administering scholarships in accordance with subsection (c);
(ii) offering academic courses and early clinical teaching experiences designed to prepare students participating in the program to teach in elementary schools and secondary schools, including such preparation as is necessary to meet requirements for teacher certification or licensing;
(iii) offering programs to students participating in the program, both before and after the students receive their baccalaureate degree, to enable the students to become better mathematics and science teachers, to fulfill the service requirements of this section, and to exchange ideas with others in the students fields; and
(iv) providing summer internships for freshman and sophomore students participating in the program; or
(B) to develop and implement a program to recruit and prepare science, technology, engineering, or mathematics professionals to become qualified as mathematics and science teachers, through
(i) administering stipends in accordance with subsection (d);
(ii) offering academic courses and clinical teaching experiences designed to prepare stipend recipients to teach in elementary schools and secondary schools served by a high need local educational agency, including such preparation as is necessary to meet requirements for teacher certification or licensing; and
(iii) offering programs to stipend recipients, both during and after matriculation in the program for which the stipend is received, to enable recipients to become better mathematics and science teachers, to fulfill the service requirements of this section, and to exchange ideas with others in the students fields.
(4) Eligibility requirement 

(A) In general 
To be eligible to receive a grant under this section, an eligible entity shall ensure that specific faculty members and staff from the science, technology, engineering, and mathematics departments and specific education faculty of the eligible entity (and participating institutions of higher education of the consortium, if applicable) are designated to carry out the development and implementation of the program.
(B) Inclusion of master teachers 
An eligible entity (and participating institutions of higher education of the consortium, if applicable) receiving a grant under this section may also include master teachers in the development of the pedagogical content of the program and in the supervision of students participating in the program in their clinical teaching experiences.
(C) Active participants 
No eligible entity (or participating institution of higher education of the consortium, if applicable) shall be eligible for a grant under this section unless faculty from the science, technology, engineering, and mathematics departments of the eligible entity (and participating institutions of higher education of the consortium, if applicable) are active participants in the program.
(5) Awards 
In awarding grants under this section, the Director shall ensure that the eligible entities (and participating institutions of higher education of the consortia, if applicable) represent a variety of types of institutions of higher education. In support of this goal, the Director shall broadly disseminate information about when and how to apply for grants under this section, including by conducting outreach to
(A) historically Black colleges and universities that are part B institutions, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061 (2)); and
(B) minority institutions, as defined in section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k (3)).
(6) Supplement not supplant 
Grant funds provided under this section shall be used to supplement, and not supplant, other Federal or State funds available for the type of activities supported by the grant.
(b) Selection process 

(1) Application 
An eligible entity seeking funding under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum
(A) in the case of an applicant that is submitting an application on behalf of a consortium of institutions of higher education, a description of the participating institutions of higher education and the roles and responsibilities of each such institution;
(B) a description of the program that the applicant intends to operate, including the number of scholarships and summer internships or the size and number of stipends the applicant intends to award, the type of activities proposed for the recruitment of students to the program, and the selection process that will be used in awarding the scholarships or stipends;
(C) evidence that the applicant has the capability to administer the program in accordance with the provisions of this section, which may include a description of any existing programs at the applicant eligible entity (and participating institutions of higher education of the consortium, if applicable) that are targeted to the education of mathematics and science teachers and the number of teachers graduated annually from such programs;
(D) a description of the academic courses and clinical teaching experiences required under subparagraphs (A)(ii) and (B)(ii) of subsection (a)(3), as applicable, including
(i) a description of the undergraduate program that will enable a student to graduate within 5 years with a major in science, technology, engineering, or mathematics and to obtain teacher certification or licensing;
(ii) a description of the clinical teaching experiences proposed; and
(iii) evidence of agreements between the applicant and the schools or local educational agencies that are identified as the locations at which clinical teaching experiences will occur;
(E) a description of the programs required under subparagraphs (A)(iii) and (B)(iii) of subsection (a)(3), including activities to assist new teachers in fulfilling the teachers service requirements under this section;
(F) an identification of the applicant eligible entitys science, technology, engineering, and mathematics faculty and its education faculty (and such faculty of participating institutions of higher education of the consortium, if applicable) who will carry out the development and implementation of the program as required under subsection (a)(4); and
(G) a description of the process the applicant will use to fulfill the requirements of subsection (f).
(2) Review of applications 
In evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum
(A) the ability of the applicant (and the participating institutions of higher education of the consortium, if applicable) to effectively carry out the program;
(B) the extent to which the applicants science, technology, engineering, and mathematics faculty and its education faculty (and such faculty of participating institutions of higher education of the consortium, if applicable) have worked or will work collaboratively to design new or revised curricula that recognize the specialized pedagogy required to teach science, technology, engineering, and mathematics effectively in elementary schools and secondary schools;
(C) the extent to which the applicant (and the participating institutions of higher education of the consortium, if applicable) is committed to making the program a central organizational focus;
(D) the degree to which the proposed programming will enable scholarship or stipend recipients to become successful mathematics and science teachers;
(E) the number and academic qualifications of the students who will be served by the program; and
(F) the ability of the applicant (and the participating institutions of higher education of the consortium, if applicable) to recruit students who would otherwise not pursue a career in teaching in elementary schools or secondary schools and students who are individuals identified in section 1885a or 1885b of this title.
(c) Scholarship requirements 

(1) In general 
Scholarships under this section shall be available only to students who
(A) are majoring in science, technology, engineering, or mathematics; and
(B) have attained at least junior status in a baccalaureate degree program.
(2) Selection 
Individuals shall be selected to receive scholarships primarily on the basis of academic merit, with consideration given to financial need and to the goal of promoting the participation of individuals identified in section 1885a or 1885b of this title.
(3) Amount 
The Director shall establish for each year the amount to be awarded for scholarships under this section for that year, which shall be not less than $10,000 per year, except that no individual shall receive for any year more than the cost of attendance at that individuals institution. Full-time students may receive annual scholarships through the completion of a baccalaureate degree program, not to exceed a maximum of 3 years. Part-time students may receive scholarships that are prorated according to such students enrollment status, not to exceed 6 years of scholarship support.
(4) Service obligation 
If an individual receives a scholarship under this section, such individual shall be required to complete, within 8 years after graduation from the baccalaureate degree program for which the scholarship was awarded, 2 years of service as a mathematics or science teacher for each full scholarship award received, with a maximum service requirement of 6 years. Service required under this paragraph shall be performed in a high need local educational agency.
(d) Stipends 

(1) In general 
Stipends under this section shall be available only to science, technology, engineering, or mathematics professionals who, while receiving the stipend, are enrolled in a program established under subsection (a)(3)(B).
(2) Selection 
Individuals shall be selected to receive stipends under this section primarily on the basis of academic merit and professional achievement, with consideration given to financial need and to the goal of promoting the participation of individuals identified in section 1885a or 1885b of this title.
(3) Amount and duration 
Stipends under this section shall be not less than $10,000 per year, except that no individual shall receive for any year more than the cost of attendance at such individuals institution. Individuals may receive a maximum of 1 year of stipend support, except that if an individual is enrolled in a part-time program, such amount shall be prorated according to the length of the program.
(4) Service obligation 
If an individual receives a stipend under this section, such individual shall be required to complete, within 4 years after graduation from the program for which the stipend was awarded, 2 years of service as a mathematics or science teacher. Service required under this paragraph shall be performed in a high need local educational agency.
(e) Conditions of support 
As a condition of acceptance of a scholarship or stipend under this section, a recipient of a scholarship or stipend shall enter into an agreement with the eligible entity
(1) accepting the terms of the scholarship or stipend pursuant to subsection (c) or subsection (d);
(2) agreeing to provide the eligible entity with annual certification of employment and up-to-date contact information and to participate in surveys conducted by the eligible entity as part of an ongoing assessment program; and
(3) establishing that if the service obligation required under this section is not completed, all or a portion of the scholarship or stipend received under this section shall be repaid in accordance with subsection (g).
(f) Collection for noncompliance 

(1) Monitoring compliance 
An eligible entity receiving a grant under this section shall, as a condition of participating in the program, enter into an agreement with the Director to monitor the compliance of scholarship or stipend recipients with their respective service requirements.
(2) Collection of repayment 

(A) In general 
In the event that a scholarship or stipend recipient is required to repay the scholarship or stipend under subsection (g), the eligible entity shall
(i) be responsible for determining the repayment amounts and for notifying the recipient and the Director of the amount owed; and
(ii) collect such repayment amount within a period of time as determined under the agreement described in paragraph (1), or the repayment amount shall be treated as a loan in accordance with subparagraph (C).
(B) Returned to Treasury 
Except as provided in subparagraph (C), any such repayment shall be returned to the Treasury of the United States.
(C) Retain percentage 
An eligible entity may retain a percentage of any repayment the eligible entity collects to defray administrative costs associated with the collection. The Director shall establish a single, fixed percentage that will apply to all eligible entities.
(g) Failure to complete service obligation 

(1) General rule 
If an individual who has received a scholarship or stipend under this section
(A) fails to maintain an acceptable level of academic standing in the educational institution in which the individual is enrolled, as determined by the Director;
(B) is dismissed from such educational institution for disciplinary reasons;
(C) withdraws from the program for which the award was made before the completion of such program;
(D) declares that the individual does not intend to fulfill the service obligation under this section; or
(E) fails to fulfill the service obligation of the individual under this section,

such individual shall be liable to the United States as provided in paragraph (2).

(2) Amount of repayment 

(A) Less than one year of service 
If a circumstance described in paragraph (1) occurs before the completion of 1 year of a service obligation under this section, the total amount of awards received by the individual under this section shall be repaid or such amount shall be treated as a loan to be repaid in accordance with subparagraph (C).
(B) More than one year of service 
If a circumstance described in subparagraph (D) or (E) of paragraph (1) occurs after the completion of 1 year of a service obligation under this section
(i) for a scholarship recipient, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall be repaid or such amount shall be treated as a loan to be repaid in accordance with subparagraph (C); and
(ii) for a stipend recipient, one-half of the total amount of stipends received by the individual under this section shall be repaid or such amount shall be treated as a loan to be repaid in accordance with subparagraph (C).
(C) Repayments 
The loans described under subparagraphs (A) and (B) shall be payable to the Federal Government, consistent with the provisions of part B or D of title IV of the Higher Education Act of 1965 [20 U.S.C. 1071 et seq., 1087a et seq.], and shall be subject to repayment in accordance with terms and conditions specified by the Director (in consultation with the Secretary of Education) in regulations promulgated to carry out this paragraph.
(3) Exceptions 
The Director may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable.
(h) Data collection 
An eligible entity receiving a grant under this section shall supply to the Director any relevant statistical and demographic data on scholarship and stipend recipients the Director may request, including information on employment required under this section.
(i) Definitions 
In this section
(1) the term cost of attendance has the meaning given such term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll);
(2) the term eligible entity means
(A) an institution of higher education; or
(B) an institution of higher education that receives grant funds on behalf of a consortium of institutions of higher education;
(3) the term fellowship means an award to an individual under section 1862n–1a of this title;
(4) the term high need local educational agency has the meaning given such term in section 201 of the Higher Education Act of 1965 (20 U.S.C. 1021);
(5) the term mathematics and science teacher means a science, technology, engineering, or mathematics teacher at the elementary school or secondary school level;
(6) the term scholarship means an award under subsection (c);
(7) the term science, technology, engineering, or mathematics professional means a person who holds a baccalaureate, masters, or doctoral degree in science, technology, engineering, or mathematics, and is working in or had a career in such field or a related area; and
(8) the term stipend means an award under subsection (d).
(j) Mathematics and science scholarship gift fund 
In accordance with section 1870 (f) of this title, the Director is authorized to accept donations from the private sector to supplement but not supplant scholarships, stipends, internships, or fellowships associated with programs under this section or section 1862n–1a of this title.
(k) Assessment of teacher service and retention 
Not later than 4 years after August 9, 2007, the Director shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Science and Technology of the House of Representatives a report on the effectiveness of the programs carried out under this section and section 1862n–1a of this title. The report shall include the proportion of individuals receiving scholarships, stipends, or fellowships under the program who
(1) fulfill the individuals service obligation required under this section or section 1862n–1a of this title;
(2) remain in the teaching profession beyond the individuals service obligation; and
(3) remain in the teaching profession in a high need local educational agency beyond the individuals service obligation.
(l) Evaluation 
Not less than 2 years after August 9, 2007, the Director, in consultation with the Secretary of Education, shall conduct an evaluation to determine whether the scholarships, stipends, and fellowships authorized under this section and section 1862n–1a of this title have been effective in increasing the numbers of high-quality mathematics and science teachers teaching in high need local educational agencies and whether there continue to exist significant shortages of such teachers in high need local educational agencies.

42 USC 1862n1a - National Science Foundation Teaching Fellowships and Master Teaching Fellowships

(a) In general 

(1) Grants 

(A) In general 
As part of the Robert Noyce Teacher Scholarship Program established under section 1862n–1 of this title, the Director shall establish a separate program to award grants to eligible entities to enable such entities to administer fellowships in accordance with this section.
(B) Definitions 
The terms used in this section have the meanings given the terms in section 1862n–1 of this title.
(2) Fellowships 
Fellowships under this section shall be available only to
(A) science, technology, engineering, or mathematics professionals, who shall be referred to as National Science Foundation Teaching Fellows and who, in the first year of the fellowship, are enrolled in a masters degree program leading to teacher certification or licensing; and
(B) mathematics and science teachers, who shall be referred to as National Science Foundation Master Teaching Fellows and who possess a masters degree in their field.
(b) Eligibility 
In order to be eligible to receive a grant under this section, an eligible entity shall enter into a partnership that shall include
(1) a department within an institution of higher education participating in the partnership that provides an advanced program of study in mathematics and science;
(2) 
(A) a school or department within an institution of higher education participating in the partnership that provides a teacher preparation program; or
(B) a 2-year institution of higher education that has a teacher preparation offering or a dual enrollment program with an institution of higher education participating in the partnership;
(3) not less than 1 high need local educational agency and a school">public school or a consortium of public schools served by the agency; and
(4) 1 or more nonprofit">nonprofit organizations that have a demonstrated record of capacity to provide expertise or support to meet the purposes of this section.
(c) Use of grants 
Grants awarded under this section shall be used by the eligible entity (and participating institutions of higher education of the consortium, if applicable) to develop and implement a program for National Science Foundation Teaching Fellows or National Science Foundation Master Teaching Fellows, through
(1) administering fellowships in accordance with this section, including providing the teaching fellowship salary supplements described in subsection (f);
(2) in the case of National Science Foundation Teaching Fellowships
(A) offering academic courses and clinical teaching experiences leading to a masters degree and designed to prepare individuals to teach in elementary schools and secondary schools, including such preparation as is necessary to meet the requirements for certification or licensing; and
(B) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields; and
(3) in the case of National Science Foundation Master Teaching Fellowships
(A) offering academic courses and leadership training to prepare individuals to become master teachers in elementary schools and secondary schools; and
(B) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields.
(d) Selection process 

(1) Merit review 
Grants shall be awarded under this section on a competitive, merit-reviewed basis.
(2) Applications 
An eligible entity desiring a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum
(A) in the case of an applicant that is submitting an application on behalf of a consortium of institutions of higher education, a description of the participating institutions of higher education and the roles and responsibilities of each such institution;
(B) a description of the program that the applicant intends to operate, including the number of fellowships the applicant intends to award, the type of activities proposed for the recruitment of students to the program, and the amount of the teaching fellowship salary supplements to be provided in accordance with subsection (f);
(C) evidence that the applicant has the capability to administer the program in accordance with the provisions of this section, which may include a description of any existing programs at the applicant eligible entity (and participating institutions of higher education of the consortium, if applicable) that are targeted to the education of mathematics and science teachers and the number of teachers graduated annually from such programs;
(D) in the case of National Science Foundation Teaching Fellowships, a description of
(i) the selection process that will be used in awarding fellowships, including a description of the rigorous measures to be used, including the rigorous, nationally recognized assessments to be used, in order to determine whether individuals applying for fellowships have advanced content knowledge of science, technology, engineering, or mathematics;
(ii) the academic courses and clinical teaching experiences described in subsection (c)(2)(A), including
(I) a description of an educational program that will enable a student to obtain a masters degree and teacher certification or licensing within 1 year; and
(II) evidence of agreements between the applicant and the schools or local educational agencies that are identified as the locations at which clinical teaching experiences will occur;
(iii) a description of the programs described in subsection (c)(2)(B), including activities to assist individuals in fulfilling their service requirements under this section;
(E) evidence that the eligible entity will provide the teaching supplements required under subsection (f); and
(F) a description of the process the applicant will use to fulfill the requirements of section 1862n–1 (f) of this title.
(3) Criteria 
In evaluating the applications submitted under paragraph (2), the Director shall consider, at a minimum
(A) the ability of the applicant (and participating institutions of higher education of the consortium, if applicable) to effectively carry out the program and to meet the requirements of subsection (f);
(B) the extent to which the mathematics, science, or engineering faculty and the education faculty at the eligible entity (and participating institutions of higher education of the consortium, if applicable) have worked or will work collaboratively to design new or revised curricula that recognizes the specialized pedagogy required to teach science, technology, engineering, and mathematics effectively in elementary schools and secondary schools;
(C) the extent to which the applicant (and participating institutions of higher education of the consortium, if applicable) is committed to making the program a central organizational focus;
(D) the degree to which the proposed programming will enable participants to become highly effective mathematics and science teachers and prepare such participants to assume leadership roles in their schools, in addition to their regular classroom duties, including serving as mentor or master teachers, developing curriculum, and assisting in the development and implementation of professional development activities;
(E) the number and quality of the individuals that will be served by the program; and
(F) in the case of the National Science Foundation Teaching Fellowship, the ability of the applicant (and participating institutions of higher education of the consortium, if applicable) to recruit individuals who would otherwise not pursue a career in teaching and individuals identified in section 1885a or 1885b of this title.
(4) Selection of fellows 

(A) In general 
Individuals shall be selected to receive fellowships under this section primarily on the basis of
(i) professional achievement;
(ii) academic merit;
(iii) content knowledge of science, technology, engineering, or mathematics, as demonstrated by their performance on an assessment in accordance with paragraph (2)(D)(i); and
(iv) in the case of National Science Foundation Master Teaching Fellows, demonstrated success in improving student academic achievement in science, technology, engineering, or mathematics.
(B) Promoting participation of certain individuals 
Among individuals demonstrating equivalent qualifications, consideration may be given to the goal of promoting the participation of individuals identified in section 1885a or 1885b of this title.
(e) Duties of National Science Foundation Teaching Fellows and Master Teaching Fellows 
A National Science Foundation Teaching Fellow or a National Science Foundation Master Teaching Fellow, while fulfilling the service obligation under subsection (g) and in addition to regular classroom activities, shall take on a leadership role within the school or local educational agency in which the fellow is employed, as defined by the partnership according to such fellows expertise, including serving as a mentor or master teacher, developing curricula, and assisting in the development and implementation of professional development activities.
(f) Teaching fellowship salary supplements 

(1) In general 
An eligible entity receiving a grant under this section shall provide salary supplements to individuals who participate in the program under this section during the period of their service obligation under subsection (g). A local educational agency through which the service obligation is fulfilled shall agree not to reduce the base salary normally paid to an individual solely because such individual receives a salary supplement under this subsection.
(2) Amount and duration 

(A) Amount 
Salary supplements provided under paragraph (1) shall be not less than $10,000 per year, except that, in the case of a National Science Foundation Teaching Fellow, while enrolled in the masters degree program as described in subsection (c)(2)(A), such fellow shall receive not more than the cost of attendance at such fellows institution.
(B) Support while enrolled in master’s degree program 
A National Science Foundation Teaching Fellow may receive a maximum of 1 year of fellowship support while enrolled in a masters degree program as described in subsection (c)(2)(A), except that if such fellow is enrolled in a part-time program, such amount shall be prorated according to the length of the program.
(C) Duration of support 
An eligible entity receiving a grant under this section shall provide teaching fellowship salary supplements through the period of the fellows service obligation under subsection (g).
(g) Service obligation 
An individual awarded a fellowship under this section shall serve as a mathematics or science teacher in an elementary school or secondary school served by a high need local educational agency for
(1) in the case of a National Science Foundation Teaching Fellow, 4 years, to be fulfilled within 6 years of completing the masters program described in subsection (c)(2)(A); and
(2) in the case of a National Science Foundation Master Teaching Fellow, 5 years, to be fulfilled within 7 years of the start of participation in the program under subsection (c)(3).
(h) Matching requirement 

(1) In general 
An eligible entity receiving a grant under this section shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in-kind) to carry out the activities supported by the grant.
(2) Waiver 
The Director may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity receiving a grant under this section, if the Director determines that applying the matching requirement would result in serious hardship or inability to carry out the authorized activities described in this section.
(i) Conditions of support; collection for noncompliance; failure to complete service obligation; data collection 

(1) In general 
Except as provided in paragraph (2), subsections (e), (f), (g), and (h) of section 1862n–1 of this title shall apply to eligible entities and recipients of fellowships under this section, as applicable, in the same manner as such subsections apply to eligible entities and recipients of scholarships and stipends under section 1862n–1 of this title, as applicable.
(2) Amount of repayment 
If a circumstance described in subparagraph (D) or (E) of section 1862n–1 (g)(1) of this title occurs after the completion of 1 year of a service obligation under this section
(A) for a National Science Foundation Teaching Fellow, the total amount of fellowship award received by the individual under this section while enrolled in the masters degree program, reduced by one-fourth of the total amount for each year of service completed, plus one-half of the total teaching fellowship salary supplements received by such individual under this section, shall be repaid or such amount shall be treated as a loan to be repaid in accordance with section 1862n–1 (g)(1)(C) of this title; and
(B) for a National Science Foundation Master Teaching Fellow, the total amount of teaching fellowship salary supplements received by the individual under this section, reduced by one-half, shall be repaid or such amount shall be treated as a loan to be repaid in accordance with section 1862n–1 (g)(1)(C) of this title.

42 USC 1862n2 - Establishment of centers for research on mathematics and science learning and education improvement

(a) Establishment 

(1) In general 

(A) The Director shall award grants to institutions of higher education or eligible nonprofit">nonprofit organizations (or consortia thereof) to establish multidisciplinary Centers for Research on Learning and Education Improvement.
(B) Grants shall be awarded under this paragraph on a competitive, merit-reviewed basis.
(2) Purpose 
The purpose of the Centers shall be to conduct and evaluate research in cognitive science, education, and related fields and to develop ways in which the results of such research can be applied in elementary school and secondary school classrooms to improve the teaching of mathematics and science.
(3) Focus 

(A) Each Center shall be focused on a different challenge faced by elementary school or secondary school teachers of mathematics and science. In determining the research focus of the Centers, the Director shall consult with the National Academy of Sciences and the Secretary of Education and take into account the extent to which other Federal programs support research on similar questions.
(B) The proposal solicitation issued by the Director shall state the focus of each Center and applicants shall apply for designation as a specific Center.
(C) At least one Center shall focus on developing ways in which the results of research described in paragraph (2) can be applied, duplicated, and scaled up for use in low-performing elementary schools and secondary schools to improve the teaching and student achievement levels in mathematics and science.
(D) To the extent practicable and relevant to its focus, every Center shall include, as part of its research, work designed to quantitatively assess and improve the ways that information technology is used in the teaching of mathematics and science.
(b) Selection process 

(1) Application 
An institution of higher education or an eligible nonprofit">nonprofit organization (or a consortium thereof) seeking funding under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum, a description of
(A) the initial research projects that will be undertaken by the Center and the process by which new projects will be identified;
(B) how the Center will work with other research institutions and schools to broaden the national research agenda on learning and teaching;
(C) how the Center will promote active collaboration among physical, biological, and social science researchers;
(D) how the Center will promote active participation by elementary and secondary mathematics and science teachers and administrators; and
(E) how the results of the Centers research can be incorporated into educational practices, and how the Center will assess the success of those practices.
(2) Review of applications 
In evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum
(A) the ability of the applicant to effectively carry out the research program, including the activities described in paragraph (1)(E);
(B) the experience of the applicant in conducting research on the science of teaching and learning and the capacity of the applicant to foster new multidisciplinary collaborations;
(C) the capacity of the applicant to attract elementary school and secondary school teachers from a diverse array of schools, and with diverse professional experiences, for participation in Center activities; and
(D) the capacity of the applicant to attract and provide adequate support for graduate students to pursue research at the intersection of educational practice and basic research on human cognition and learning.
(3) Awards 
The Director shall ensure, to the extent practicable, that the Centers funded under this section conduct research and develop educational practices designed to improve the educational performance of a broad range of students, including individuals identified in section 1885a or 1885b of this title.
(c) Annual conference 
The Director shall convene an annual meeting of the Centers to foster collaboration among the Centers and to further disseminate the results of the Centers activities.
(d) Coordination 
The Director shall coordinate with the Secretary of Education in
(1) disseminating the results of the research conducted pursuant to grants awarded under this section to elementary school teachers and secondary school teachers; and
(2) providing programming, guidance, and support to ensure that such teachers
(A) understand the implications of the research disseminated under paragraph (1) for classroom practice; and
(B) can use the research to improve such teachers performance in the classroom.

42 USC 1862n3 - Duplication of programs

(a) In general 
The Director shall review the education programs of the Foundation that are in operation as of December 19, 2002, to determine whether any of such programs duplicate the programs authorized under this Act.
(b) Implementation 
As programs authorized under this Act are implemented, the Director shall
(1) terminate any duplicative program being carried out by the Foundation or merge the duplicative program into a program authorized under this Act; and
(2) not establish any new program that duplicates a program that has been implemented pursuant to this Act.
(c) Report 

(1) Review 
The Director of the Office of Science and Technology Policy shall review the education programs of the Foundation to ensure compliance with the provisions of this section.
(2) Submission 
Not later than 1 year after December 19, 2002, and annually thereafter as part of the annual Office of Science and Technology Policys budget submission to Congress, the Director of the Office of Science and Technology Policy shall complete a report on the review carried out under this subsection and shall submit the report to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Commerce, Science, and Transportation, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate.

42 USC 1862n4 - Major research equipment and facilities construction plan

(a) Prioritization of proposed major research equipment and facilities construction 

(1) Development of priorities 

(A) The Director shall
(i) develop a list indicating by number the relative priority for funding under the major research equipment and facilities construction account that the Director assigns to each project the Board has approved for inclusion in a future budget request; and
(ii) submit the list described in clause (i) to the Board for approval.
(B) The Director shall update the list prepared under subparagraph (A) each time the Board approves a new project that would receive funding under the major research equipment and facilities construction account, as necessary to prepare reports under paragraph (2), and, from time to time, submit any updated list to the Board for approval.
(2) Annual report 
Not later than 90 days after December 19, 2002, and not later than each June 15 thereafter, the Director shall transmit to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate a report containing
(A) the most recent Board-approved priority list developed under paragraph (1)(A);
(B) a description of the criteria used to develop such list; and
(C) a description of the major factors for each project that determined the ranking of such project on the list, based on the application of the criteria described pursuant to subparagraph (B).
(3) Criteria 
The criteria described pursuant to paragraph (2)(B) shall include, at a minimum
(A) scientific merit;
(B) broad societal need and probable impact;
(C) consideration of the results of formal prioritization efforts by the scientific community;
(D) readiness of plans for construction and operation;
(E) the applicants management and administrative capacity of large research facilities;
(F) international and interagency commitments; and
(G) the order in which projects were approved by the Board for inclusion in a future budget request.
(b) Omitted 
(c) Project management 
No national research facility project funded under the major research equipment and facilities construction account shall be managed by an individual whose appointment to the Foundation is temporary.
(d) Board approval of major research equipment and facilities projects 

(1) In general 
The Board shall explicitly approve any project to be funded out of the major research equipment and facilities construction account before any funds may be obligated from such account for such project.
(2) Report 
Not later than September 15 of each fiscal year, the Board shall report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Science of the House of Representatives on the conditions of any delegation of authority under section 1863 of this title that relates to funds appropriated for any project in the major research equipment and facilities construction account.
(e) National Academy of Sciences study on major research equipment and facilities construction 

(1) Study 
Not later than 3 months after December 19, 2002, the Director shall enter into an arrangement with the National Academy of Sciences to perform a study on setting priorities for a diverse array of disciplinary and interdisciplinary Foundation-sponsored large research facility projects.
(2) Transmittal to Congress 
Not later than 15 months after December 19, 2002, the Director shall transmit to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Commerce, Science, and Transportation, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate, the study conducted by the National Academy of Sciences together with the Foundations reaction to the study authorized under paragraph (1).

42 USC 1862n5 - Board meetings; audits; reports; scholarship eligibility

(a) Board meetings 

(1) Omitted 
(2) Open meetings 
The Board and all of its committees, subcommittees, and task forces (and any other entity consisting of members of the Board and reporting to the Board) shall be subject to section 552b of title 5.
(3) Compliance audit 
The Inspector General of the Foundation shall conduct an audit every three years of the compliance by the Board with the requirements described in paragraph (2). The audit shall examine the proposed and actual content of closed meetings and determine whether the closure of the meetings was consistent with section 552b of title 5.
(4) Report 
Not later than February 15 of every third year, the Inspector General of the Foundation shall transmit to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate the audit required under paragraph (3) along with recommendations for corrective actions that need to be taken to achieve fuller compliance with the requirements described in paragraph (2), and recommendations on how to ensure public access to the Boards deliberations.
(5) Materials relating to closed portions of meetings 
To facilitate the audit required under paragraph (3) of this subsection, the Office of the National Science Board shall maintain the General Counsels certificate, the presiding officers statement, and a transcript or recording of any closed meeting, for at least 3 years after such meeting.
(b) , (c) Omitted 
(d) Scholarship eligibility 
The Director shall not exclude part-time students from eligibility for scholarships under the Computer Science, Engineering, and Mathematics Scholarship program.

42 USC 1862n6 - Undergraduate education reform

(a) In general 
The Director shall award grants, on a competitive, merit-reviewed basis, to institutions of higher education to expand previously implemented reforms of undergraduate science, mathematics, engineering, or technology education that have been demonstrated to have been successful in increasing the number and quality of students studying toward and completing associates or baccalaureate degrees in science, mathematics, engineering, or technology.
(b) Uses of funds 
Activities supported by grants under this section may include
(1) expansion of successful reform efforts beyond a single course or group of courses to achieve reform within an entire academic unit;
(2) expansion of successful reform efforts beyond a single academic unit to other science, mathematics, engineering, or technology academic units within an institution;
(3) creation of multidisciplinary courses or programs that formalize collaborations for the purpose of improved student instruction and research in science, mathematics, engineering, and technology;
(4) expansion of undergraduate research opportunities beyond a particular laboratory, course, or academic unit to engage multiple academic units in providing multidisciplinary research opportunities for undergraduate students;
(5) expansion of innovative tutoring or mentoring programs proven to enhance student recruitment or persistence to degree completion in science, mathematics, engineering, or technology;
(6) improvement of undergraduate science, mathematics, engineering, and technology education for nonmajors, including education majors; and
(7) implementation of technology-driven reform efforts, including the installation of technology to facilitate such reform, that directly impact undergraduate science, mathematics, engineering, or technology instruction or research experiences.
(c) Selection process 

(1) Applications 
An institution of higher education seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum
(A) a description of the proposed reform effort;
(B) a description of the previously implemented reform effort that will serve as the basis for the proposed reform effort and evidence of success of that previous effort, including data on student recruitment, persistence to degree completion, and academic achievement;
(C) evidence of active participation in the proposed project by individuals who were central to the success of the previously implemented reform effort; and
(D) evidence of institutional support for, and commitment to, the proposed reform effort, including a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to undergraduate education equal to, or greater than, scholarly scientific research.
(2) Review of applications 
In evaluating applications submitted under paragraph (1), the Director shall consider at a minimum
(A) the evidence of past success in implementing undergraduate education reform and the likelihood of success in undertaking the proposed expanded effort;
(B) the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit;
(C) the degree to which the proposed reform will contribute to change in institutional culture and policy such that a greater value is placed on faculty engagement in undergraduate education, as evidenced through promotion and tenure policies; and
(D) the likelihood that the institution will sustain or expand the reform beyond the period of the grant.
(3) Grant distribution 
The Director shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education.

42 USC 1862n7 - Reports

(a) Grant size and duration 
Not later than 6 months after December 19, 2002, the Director shall transmit to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate a report describing the impact that increasing the average grant size and duration would have on minority-serving institutions and on institutions located in States where the Foundations Experimental Program to Stimulate Competitive Research (established under section 1862g of this title) is carrying out activities.
(b) Faculty 
Not later than 3 months after December 19, 2002, the Director shall enter into an arrangement with the National Academy of Sciences to assess gender differences in the careers of science and engineering faculty. This study shall build on the Academys work on gender differences in the carriers of doctoral scientists and engineers and examine issues such as faculty hiring, promotion, tenure, and allocation of resources including laboratory space. Upon completion, the results of this study shall be transmitted to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate.
(c) Grant funding 
Not later than 3 months after December 19, 2002, the Director shall enter into an agreement with an appropriate party to assess gender differences in the distribution of external Federal research and development funding. This study shall examine differences in amounts requested and awarded, by gender, in major Federal external grant programs. Upon completion, the results of this study shall be transmitted to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate.
(d) Study of broadband network access for schools and libraries 

(1) Report to Congress 
The Director shall conduct a study of the issues described in paragraph (3), and not later than 1 year after December 19, 2002, transmit to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate a report including recommendations to address those issues. Such report shall be updated annually for 4 additional years.
(2) Consultation 
In preparing the reports under paragraph (1), the Director shall consult with Federal agencies and educational entities as the Director considers appropriate.
(3) Issues to be addressed 
The reports shall
(A) identify the availability of high-speed, large bandwidth capacity access to different demographic groups served by elementary schools, secondary schools, and libraries in the United States;
(B) identify how the provision of high-speed, large bandwidth capacity access to the Internet to such schools and libraries can be effectively utilized within each school and library;
(C) consider the effect that specific or regional circumstances may have on the ability of such institutions to acquire high-speed, large bandwidth capacity access to achieve universal connectivity as an effective tool in the education process; and
(D) include options and recommendations to address the challenges and issues identified in the reports.
(e) Minority-serving institution funding 

(1) Annual reporting required 
The Director shall submit an annual report, along with the Presidents annual budget request, to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate on the amount of funding awarded by the Foundation to minority-serving institutions, including funding received as members of consortia. The report shall include information on such funding to minority-serving institutions
(A) expressed as a percentage of funding to all institutions of higher education for each appropriations account within the Foundations budget; and
(B) for the preceding 10 years.
(2) Report on ways to improve funding 
Within one year after December 19, 2002, the Director shall submit to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate a report on recommendations on how the Foundation can improve funding to minority-serving institutions.

42 USC 1862n8 - Evaluations

(a) Education 

(1) In general 
The Director, through the Research, Evaluation and Communication Division of the Education and Human Resources Directorate of the Foundation, shall evaluate the effectiveness of all undergraduate science, mathematics, engineering, or technology education activities supported by the Foundation in increasing the number and quality of students, including individuals identified in section 1885a or 1885b of this title studying toward and completing associates or baccalaureate degrees in science, mathematics, engineering, and technology. In conducting the evaluation, the Director shall consider information on
(A) the number of students enrolled in undergraduate science, mathematics, engineering, and technology programs;
(B) student academic achievement, including quantifiable measurements of students mastery of content and skills;
(C) persistence to degree completion, including students who transfer from science, mathematics, engineering, and technology programs to programs in other academic disciplines; and
(D) placement during the first year after degree completion in post-graduate education or career pathways.
(2) Assessment benchmarks and tools 
The Director, through the Research, Evaluation and Communication Division of the Education and Human Resources Directorate of the Foundation, shall establish a common set of assessment benchmarks and tools, and shall enable every Foundation-sponsored project to incorporate the use of these benchmarks and tools in their project-based assessment activities.
(3) Reports to Congress 
Not later than 3 years after December 19, 2002, and once every 3 years thereafter, the Director shall transmit to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate a report containing the results of evaluations under paragraph (1).
(b) Awards 
Notwithstanding any other provision of this Act, the Director shall annually evaluate a random sample of grants, contracts, or other awards made pursuant to this Act.
(c) Dissemination 
The Director shall
(1) provide for the dissemination of the results of the evaluations conducted pursuant to this section to the public; and
(2) provide notice to the public that such evaluations are available.

42 USC 1862n9 - Astronomy and Astrophysics Advisory Committee

(a) Establishment 
The Foundation, the National Aeronautics and Space Administration, and the Department of Energy shall jointly establish an Astronomy and Astrophysics Advisory Committee (in this section referred to as the Advisory Committee).
(b) Duties 
The Advisory Committee shall
(1) assess, and make recommendations regarding, the coordination of astronomy and astrophysics programs of the Foundation, the National Aeronautics and Space Administration, and the Department of Energy;
(2) assess, and make recommendations regarding, the status of the activities of the Foundation, the National Aeronautics and Space Administration, and the Department of Energy as they relate to the recommendations contained in the National Research Councils 2001 report entitled Astronomy and Astrophysics in the New Millennium, and the recommendations contained in subsequent National Research Council reports of a similar nature; and
(3) not later than March 15 of each year, transmit a report to the Director, the Administrator of the National Aeronautics and Space Administration, the Secretary of Energy, the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate on the Advisory Committees findings and recommendations under paragraphs (1) and (2).
(c) Membership 
The Advisory Committee shall consist of 13 members, none of whom shall be a Federal employee, including
(1) 4 members selected by the Director;
(2) 4 members selected by the Administrator of the National Aeronautics and Space Administration;
(3) 3 members selected by the Secretary of Energy; and
(4) 2 members selected by the Director of the Office of Science and Technology Policy.
(d) Selection process 
Initial selections under subsection (c) of this section shall be made within 3 months after December 19, 2002. Vacancies shall be filled in the same manner as provided in subsection (c) of this section.
(e) Chairperson 
The Advisory Committee shall select a chairperson from among its members.
(f) Coordination 
The Advisory Committee shall coordinate with other Federal advisory committees that advise Federal agencies that engage in related research activities.
(g) Compensation 
The members of the Advisory Committee shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.
(h) Meetings 
The Advisory Committee shall convene, in person or by electronic means, at least 4 times a year.
(i) Quorum 
A majority of the members serving on the Advisory Committee shall constitute a quorum for purposes of conducting the business of the Advisory Committee.
(j) Duration 
Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee.

42 USC 1862n10 - Minority-serving institutions undergraduate program

(a) In general 
The Director is authorized to establish a new program to award grants on a competitive, merit-reviewed basis to Hispanic-serving institutions, Alaska Native-serving institutions, Native Hawaiian-serving institutions, and other institutions of higher education serving a substantial number of minority students to enhance the quality of undergraduate science, mathematics, and engineering education at such institutions and to increase the retention and graduation rates of students pursuing associates or baccalaureate degrees in science, mathematics, engineering, or technology.
(b) Program components 
Grants awarded under this section shall support
(1) activities to improve courses and curriculum in science, mathematics, and engineering;
(2) faculty development;
(3) stipends for undergraduate students participating in research; and
(4) other activities consistent with subsection (a) of this section, as determined by the Director.
(c) Program coordination 
This program shall be coordinated with and in addition to the ongoing Historically Black Colleges and Universities Undergraduate Program and the Tribal Colleges and Universities Program.
(d) Instrumentation 
Funding for instrumentation is an allowed use of grants awarded under this section and under the ongoing Historically Black Colleges and Universities Undergraduate Program and the Tribal Colleges and Universities Program.

42 USC 1862o - Postdoctoral research fellows

(a) Mentoring 
The Director shall require that all grant applications that include funding to support postdoctoral researchers include a description of the mentoring activities that will be provided for such individuals, and shall ensure that this part of the application is evaluated under the Foundations broader impacts merit review criterion. Mentoring activities may include career counseling, training in preparing grant applications, guidance on ways to improve teaching skills, and training in research ethics.
(b) Reports 
The Director shall require that annual reports and the final report for research grants that include funding to support postdoctoral researchers include a description of the mentoring activities provided to such researchers.

42 USC 1862o1 - Responsible conduct of research

The Director shall require that each institution that applies for financial assistance from the Foundation for science and engineering research or education describe in its grant proposal a plan to provide appropriate training and oversight in the responsible and ethical conduct of research to undergraduate students, graduate students, and postdoctoral researchers participating in the proposed research project.

42 USC 1862o2 - Reporting of research results

The Director shall ensure that all final project reports and citations of published research documents resulting from research funded, in whole or in part, by the Foundation, are made available to the public in a timely manner and in electronic form through the Foundations Web site.

42 USC 1862o3 - Sharing research results

An investigator supported under a Foundation award, whom the Director determines has failed to comply with the provisions of section 734 of the Foundation Grant Policy Manual, shall be ineligible for a future award under any Foundation supported program or activity. The Director may restore the eligibility of such an investigator on the basis of the investigators subsequent compliance with the provisions of section 734 of the Foundation Grant Policy Manual and with such other terms and conditions as the Director may impose.

42 USC 1862o4 - Funding for successful science, technology, engineering, and mathematics education programs

(a) Evaluation of programs 
The Director shall, on an annual basis, evaluate all of the Foundations grants that are scheduled to expire within 1 year and
(1) that have the primary purpose of meeting the objectives of the Science and Engineering Equal Opportunity Act (42 U.S.C. 1885 et seq.); or
(2) that have the primary purpose of providing teacher professional development.
(b) Continuation of funding 
For grants that are identified under subsection (a) and that are determined by the Director to be successful in meeting the objectives of the initial grant solicitation, the Director may extend the duration of those grants for not more than 3 additional years beyond their scheduled expiration without the requirement for a recompetition.
(c) Report to Congress 
Not later than 1 year after August 9, 2007, and annually thereafter, the Director shall submit a report to the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate that
(1) lists the grants that have been extended in duration by the authority provided under this section; and
(2) provides any recommendations the Director may have regarding the extension of the authority provided under this section to programs other than those specified in subsection (a).

42 USC 1862o5 - Meeting critical national science needs

(a) In general 
In addition to any other criteria, the Director shall include consideration of the degree to which awards and research activities that otherwise qualify for support by the Foundation may assist in meeting critical national needs in innovation, competitiveness, safety and security, the physical and natural sciences, technology, engineering, social sciences, and mathematics.
(b) Priority treatment 
The Director shall give priority in the selection of awards and the allocation of Foundation resources to proposed research activities, and grants funded under the Foundations Research and Related Activities Account, that can be expected to make contributions in physical or natural science, technology, engineering, social sciences, or mathematics, or that enhance competitiveness, innovation, or safety and security in the United States.
(c) Limitation 
Nothing in this section shall be construed to restrict or bias the grant selection process against funding other areas of research deemed by the Foundation to be consistent with its mandate nor to change the core mission of the Foundation.

42 USC 1862o6 - Research on innovation and inventiveness

In carrying out its research programs on science policy and on the science of learning, the Foundation may support research on the process of innovation and the teaching of inventiveness.

42 USC 1862o7 - Cyberinfrastructure

In order to continue and expand efforts to ensure that research institutions throughout the Nation can fully participate in research programs of the Foundation and collaborate with colleagues throughout the Nation, the Director, not later than 180 days after August 9, 2007, shall develop and publish a plan that
(1) describes the current status of broadband access for scientific research purposes at institutions in EPSCoR-eligible States, at institutions in rural areas, and at minority serving institutions; and
(2) outlines actions that can be taken to ensure that such connections are available to enable participation in those Foundation programs that rely heavily on high-speed networking and collaborations across institutions and regions.

42 USC 1862o8 - Pilot program of grants for new investigators

(a) In general 
The Director shall carry out a pilot program to award 1-year grants to individuals to assist them in improving research proposals that were previously submitted to the Foundation but not selected for funding.
(b) Eligibility 
To be eligible to receive a grant under this section, an individual
(1) may not have previously received funding as the principal investigator of a research grant from the Foundation; and
(2) shall have submitted a proposal to the Foundation, which may include a proposal submitted to the Research in Undergraduate Institutions program, that was rated excellent under the Foundations competitive merit review process.
(c) Selection process 
The Director shall make awards under this section based on the advice of the program officers of the Foundation.
(d) Use of funds 
Grants awarded under this section shall be used to enable an individual to resubmit an updated research proposal for review by the Foundation through the agencys competitive merit review process. Uses of funds made available under this section may include the generation of new data and the performance of additional analysis.
(e) Program administration 
The Director shall carry out this section through the Small Grants for Exploratory Research program.
(f) National Science Board review 
The Board shall conduct a review and assessment of the pilot program under this section, including the number of new investigators funded, the distribution of awards by type of institution of higher education, and the success rate upon resubmittal of proposals by new investigators funded through such pilot program. Not later than 3 years after August 9, 2007, the Board shall summarize its findings and any recommendations regarding changes to, the termination of, or the continuation of the pilot program in a report to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate.

42 USC 1862o9 - Broader impacts merit review criterion

(a) In general 
Among the types of activities that the Foundation shall consider as appropriate for meeting the requirements of its broader impacts criterion for the evaluation of research proposals are partnerships between academic researchers and industrial scientists and engineers that address research areas identified as having high importance for future national economic competitiveness, such as nanotechnology.
(b) Report on broader impacts criterion 
Not later than 1 year after August 9, 2007, the Director shall transmit to Congress a report on the impact of the broader impacts grant criterion used by the Foundation. The report shall
(1) identify the criteria that each division and directorate of the Foundation uses to evaluate the broader impacts aspects of research proposals;
(2) provide a breakdown of the types of activities by division that awardees have proposed to carry out to meet the broader impacts criterion;
(3) provide any evaluations performed by the Foundation to assess the degree to which the broader impacts aspects of research proposals were carried out and how effective they have been at meeting the goals described in the research proposals;
(4) describe what national goals, such as improving undergraduate science, technology, engineering, and mathematics education, improving kindergarten through grade 12 science and mathematics education, promoting university-industry collaboration, and broadening participation of underrepresented groups, the broader impacts criterion is best suited to promote; and
(5) describe what steps the Foundation is taking and should take to use the broader impacts criterion to improve undergraduate science, technology, engineering, and mathematics education.

42 USC 1862o10 - Advanced information and communications technology research

(1) In general 
As part of the Program described in title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.), the Foundation shall support basic research related to advanced information and communications technologies that will contribute to enhancing or facilitating the availability and affordability of advanced communications services for all people of the United States. Areas of research to be supported may include research on
(A) affordable broadband access, including wireless technologies;
(B) network security and reliability;
(C) communications interoperability;
(D) networking protocols and architectures, including resilience to outages or attacks;
(E) trusted software;
(F) privacy;
(G) nanoelectronics for communications applications;
(H) low-power communications electronics;
(I) implementation of equitable access to national advanced fiber optic research and educational networks in noncontiguous States; and
(J) such other related areas as the Director finds appropriate.
(2) Centers 
The Director shall award multiyear grants, subject to the availability of appropriations and on a merit-reviewed competitive basis, to institutions of higher education, nonprofit">nonprofit research institutions affiliated with institutions of higher education, or consortia of either type of institution to establish multidisciplinary Centers for Communications Research. The purpose of the Centers shall be to generate innovative approaches to problems in information and communications technology research, including the research areas described in paragraph (1). Institutions of higher education, nonprofit">nonprofit research institutions affiliated with institutions of higher education, or consortia receiving such grants may partner with 1 or more government laboratories, for-profit entities, or other institutions of higher education or nonprofit">nonprofit research institutions.
(3) Funding allocation 
The Director shall increase funding for the basic research activities described in paragraph (1), which shall include support for the Centers described in paragraph (2), in proportion to the increase in the total amount appropriated to the Foundation for research and related activities for the fiscal years 2008 through 2010.
(4) Report to Congress 
The Director shall transmit to Congress, as part of the Presidents annual budget submission under section 1105 of title 31, a report on the amounts allocated for support of research under this section for the fiscal year during which such report is submitted and the levels proposed for the fiscal year with respect to which the budget submission applies.

42 USC 1862o11 - Evaluation and report

The Director shall establish metrics to evaluate the success of the programs established by the Foundation for encouraging individuals identified in section 1885a or 1885b of this title to study and prepare for careers in science, technology, engineering, and mathematics, including programs that provide for mentoring for such individuals. The Director shall carry out evaluations based on the metrics developed and report to Congress annually on the findings and conclusions of the evaluations.

42 USC 1862o12 - Hispanic-serving institutions undergraduate program

(a) In general 
The Director is authorized to establish a new program to award grants on a competitive, merit-reviewed basis to Hispanic-serving institutions (as defined in section 1101a of title 20) to enhance the quality of undergraduate science, technology, engineering, and mathematics education at such institutions and to increase the retention and graduation rates of students pursuing associates or baccalaureate degrees in science, technology, engineering, and mathematics.
(b) Program components 
Grants awarded under this section shall support
(1) activities to improve courses and curriculum in science, technology, engineering, and mathematics;
(2) faculty development;
(3) stipends for undergraduate students participating in research; and
(4) other activities consistent with subsection (a), as determined by the Director.
(c) Instrumentation 
Funding for instrumentation is an allowed use of grants awarded under this section.

42 USC 1862o13 - Professional science masters degree programs

(a) Clearinghouse 

(1) Development 
The Director shall establish a clearinghouse, in collaboration with 4-year institutions of higher education (including applicable graduate schools and academic departments), and industries and Federal agencies that employ science-trained personnel, to share program elements used in successful professional science masters degree programs and other advanced degree programs related to science, technology, engineering, and mathematics.
(2) Availability 
The Director shall make the clearinghouse of program elements developed under paragraph (1) available to institutions of higher education that are developing professional science masters degree programs.
(b) Programs 

(1) Programs authorized 
The Director shall award grants to 4-year institutions of higher education to facilitate the institutions creation or improvement of professional science masters degree programs that may include linkages between institutions of higher education and industries that employ science-trained personnel, with an emphasis on practical training and preparation for the workforce in high-need fields.
(2) Application 
A 4-year institution of higher education desiring a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. The application shall include
(A) a description of the professional science masters degree program that the institution of higher education will implement;
(B) a description of how the professional science masters degree program at the institution of higher education will produce individuals for the workforce in high-need fields;
(C) the amount of funding from non-Federal sources, including from private industries, that the institution of higher education shall use to support the professional science masters degree program; and
(D) an assurance that the institution of higher education shall encourage students in the professional science masters degree program to apply for all forms of Federal assistance available to such students, including applicable graduate fellowships and student financial assistance under titles IV and VII of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq., 1133 et seq. [and 42 U.S.C. 2751 et seq.]).
(3) Preferences 
The Director shall give preference in making awards to 4-year institutions of higher education seeking Federal funding to create or improve professional science masters degree programs, to those applicants
(A) located in States with low percentages of citizens with graduate or professional degrees, as determined by the Bureau of the Census, that demonstrate success in meeting the unique needs of the corporate, non-profit, and government communities in the State, as evidenced by providing internships for professional science masters degree students or similar partnership arrangements; or
(B) that secure more than two-thirds of the funding for such professional science masters degree programs from sources other than the Federal Government.
(4) Number of grants; time period of grants 

(A) Number of grants 
Subject to the availability of appropriated funds, the Director shall award grants under paragraph (1) to a maximum of 200 4-year institutions of higher education.
(B) Time period of grants 
Grants awarded under this section shall be for one 3-year term. Grants may be renewed only once for a maximum of 2 additional years.
(5) Evaluation and reports 

(A) Development of performance benchmarks 
Prior to the start of the grant program, the Director, in collaboration with 4-year institutions of higher education (including applicable graduate schools and academic departments), and industries and Federal agencies that employ science-trained personnel, shall develop performance benchmarks to evaluate the pilot programs assisted by grants under this section.
(B) Evaluation 
For each year of the grant period, the Director, in consultation with 4-year institutions of higher education (including applicable graduate schools and academic departments), and industries and Federal agencies that employ science-trained personnel, shall complete an evaluation of each program assisted by grants under this section. Any program that fails to satisfy the performance benchmarks developed under subparagraph (A) shall not be eligible for further funding.
(C) Report 
Not later than 180 days after the completion of an evaluation described in subparagraph (B), the Director shall submit a report to Congress that includes
(i) the results of the evaluation; and
(ii) recommendations for administrative and legislative action that could optimize the effectiveness of the pilot programs, as the Director determines to be appropriate.

42 USC 1862o14 - Major research instrumentation

(a) Award amount 
The minimum amount of an award under the Major Research Instrumentation program shall be $100,000. The maximum amount of an award under the program shall be $4,000,000 except if the total amount appropriated for the program for a fiscal year exceeds $125,000,000, in which case the maximum amount of an award shall be $6,000,000.
(b) Use of funds 
In addition to the acquisition of instrumentation and equipment, funds made available by awards under the Major Research Instrumentation program may be used to support the operations and maintenance of such instrumentation and equipment.
(c) Cost sharing 

(1) In general 
An institution of higher education receiving an award under the Major Research Instrumentation program shall provide at least 30 percent of the cost from private or non-Federal sources.
(2) Exceptions 
Institutions of higher education that are not Ph.D.-granting institutions are exempt from the cost sharing requirement in paragraph (1), and the Director may reduce or waive the cost sharing requirement for
(A) institutions
(i) that are not ranked among the top 100 institutions receiving Federal research and development funding, as documented by the statistical data published by the Foundation; and
(ii) for which the proposed project will make a substantial improvement in the institutions capabilities to conduct leading edge research, to provide research experiences for undergraduate students using leading edge facilities, and to broaden the participation in science and engineering research by individuals identified in section 1885a or 1885b of this title; and
(B) consortia of institutions of higher education that include at least one institution that is not a Ph.D.-granting institution.

42 USC 1862o15 - Limit on proposals

(a) Policy 
For programs supported by the Foundation that require as part of the selection process for awards the submission of preproposals and that also limit the number of preproposals that may be submitted by an institution, the Director shall allow the subsequent submission of a full proposal based on each preproposal that is determined to have merit following the Foundations merit review process.
(b) Review and assessment of policies 
The Board shall review and assess the effects on institutions of higher education of the policies of the Foundation regarding the imposition of limitations on the number of proposals that may be submitted by a single institution for programs supported by the Foundation. The Board shall determine whether current policies are well justified and appropriate for the types of programs that limit the number of proposal submissions. Not later than 1 year after August 9, 2007, the Board shall summarize the Boards findings and any recommendations regarding changes to the current policy on the restriction of proposal submissions in a report to the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate.

42 USC 1863 - National Science Board

(a) Composition; appointment; establishment of policies of the Foundation 
The Board shall consist of twenty-four members to be appointed by the President, by and with the advice and consent of the Senate, and of the Director ex officio. In addition to any powers and functions otherwise granted to it by this chapter, the Board shall establish the policies of the Foundation, within the framework of applicable national policies as set forth by the President and the Congress.
(b) Executive Committee; delegation of powers and functions 
The Board shall have an Executive Committee as provided in section 1865 of this title, and may delegate to it or to the Director or both such of the powers and functions granted to the Board by this chapter as it deems appropriate.
(c) Meetings; nominations; quorum; notice 
The persons nominated for appointment as members of the Board
(1)  shall be eminent in the fields of the basic, medical, or social sciences, engineering, agriculture, education, research management, or public affairs;
(2)  shall be selected solely on the basis of established records of distinguished service; and
(3)  shall be so selected as to provide representation of the views of scientific and engineering leaders in all areas of the Nation. In making nominations under this section, the President shall give due regard to equitable representation of scientists and engineers who are women or who represent minority groups. The President is requested, in the making of nominations of persons for appointment as members, to give due consideration to any recommendations for nomination which may be submitted to him by the National Academy of Sciences, the National Academy of Engineering, the National Association of State Universities and Land Grant Colleges, the Association of American Universities, the Association of American Colleges, the Association of State Colleges and Universities, or by other scientific, engineering, or educational organizations.
(d) Term of office; reappointment 
The term of office of each member of the Board shall be six years; except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person, other than the Director, who has been a member of the Board for twelve consecutive years shall thereafter be ineligible for appointment during the two-year period following the expiration of such twelfth year.
(e) Meetings; quorum; notice 
The Board shall meet annually on the third Monday in May unless, prior to May 10 in any year, the Chairman has set the annual meeting for a day in May other than the third Monday, and at such other times as the Chairman may determine, but he shall also call a meeting whenever one-third of the members so request in writing. The Board shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the confirmed members of the Board.
(f) Election of Chairman and Vice Chairman; va­cancy 
The election of the Chairman and Vice Chairman of the Board shall take place at each annual meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Board shall elect a member to fill such vacancy.
(g) Appointment and assignment of staff; compensation; security requirements 
The Board may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of not more than 5 professional staff members, technical and professional personnel on leave of absence from academic, industrial, or research institutions for a limited term, and such operations and support staff members as may be necessary. Such staff shall be appointed by the Chairman and assigned at the direction of the Board. The professional members and limited term technical and professional personnel of such staff may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and the provisions of chapter 51 of such title relating to classification, and shall be compensated at a rate not exceeding the maximum rate payable under section 5376 of such title, as may be necessary to provide for the performance of such duties as may be prescribed by the Board in connection with the exercise of its powers and functions under this chapter. Section 1873 (a)(3) of this title shall apply to each limited term appointment of technical and professional personnel under this subsection. Each appointment under this subsection shall be subject to the same security requirements as those required for personnel of the Foundation appointed under section 1873 (a) of this title.
(h) Special commissions 
The Board is authorized to establish such special commissions as it may from time to time deem necessary for the purposes of this chapter.
(i) Committees; survey and advisory functions 
The Board is also authorized to appoint from among its members such committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Board deems appropriate to assist it in exercising its powers and functions under this chapter.
(j) Report to President; submittal to Congress 

(1) The Board shall render to the President and the Congress no later than January 15 of each even numbered year, a report on indicators of the state of science and engineering in the United States.
(2) The Board shall render to the President and the Congress reports on specific, individual policy matters related to science and engineering and education in science and engineering, as the Board, the President, or the Congress determines the need for such reports.
(k) Closed meetings 
Portions of Board meetings in which the Board considers proposed Foundation budgets for a particular fiscal year may be closed to the public until the Presidents budget for that fiscal year has been submitted to the Congress.
(l) Financial disclosure report for Board members 
Members of the Board shall be required to file a financial disclosure report under title II of the Ethics in Government Act of 1978 (5 U.S.C. App.; 92 Stat. 1836), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure.

42 USC 1864 - Director of Foundation

(a) Appointment; compensation; term of office 
The Director of the Foundation (referred to in this chapter as the Director) shall be 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 appointment. The Director shall receive basic pay at the rate provided for level II of the Executive Schedule under section 5313 of title 5, and shall serve for a term of six years unless sooner removed by the President.
(b) Exercise of authority of Foundation; actions as final and binding upon the Foundation 
Except as otherwise specifically provided in this chapter
(1)  the Director shall exercise all of the authority granted to the Foundation by this chapter (including any powers and functions which may be delegated to him by the Board), and
(2)  all actions taken by the Director pursuant to the provisions of this chapter (or pursuant to the terms of a delegation from the Board) shall be final and binding upon the Foundation.
(c) Delegation and redelegation of functions 
The Director may from time to time make such provisions as he deems appropriate authorizing the performance by any other officer, agency, or employee of the Foundation of any of his functions under this chapter, including functions delegated to him by the Board; except that the Director may not redelegate policymaking functions delegated to him by the Board.
(d) Formulation of programs 
The formulation of programs in conformance with the policies of the Foundation shall be carried out by the Director in consultation with the Board.
(e) Authority to grant, contract, etc.; delegation of authority or imposition of conditions; reporting requirement 

(1) The Director may make grants, contracts, and other arrangements pursuant to section 1870 (c) of this title only with the prior approval of the Board or under authority delegated by the Board, and subject to such conditions as the Board may specify.
(2) Any delegation of authority or imposition of conditions under paragraph (1) shall be promptly published in the Federal Register and reported to the Committee on Labor and Human Resources, and the Committee on Commerce, Science, and Transportation, of the Senate and the Committee on Science of the House of Representatives.
(f) Status; power to vote and hold office 
The Director, in his capacity as ex officio member of the Board, shall, except with respect to compensation and tenure, be coordinate with the other members of the Board. He shall be a voting member of the Board and shall be eligible for election by the Board as Chairman or Vice Chairman of the Board.

42 USC 1864a - Deputy Director of the Foundation

There shall be a Deputy Director of the Foundation (referred to in this chapter as the Deputy 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 Deputy Director shall act for, and exercise the powers of, the Director during the absence or disability of the Director or in the event of a vacancy in the office of Director.

42 USC 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) of this section, 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.

42 USC 1866 - Divisions within Foundation

There shall be within the Foundation such Divisions as the Director, in consultation with the Board, may from time to time determine.

42 USC 1867 - Repealed. Pub. L. 90407, 4, July 18, 1968, 82 Stat. 363

Section, act May 10, 1950, ch. 171, 8, 64 Stat. 152, authorized a committee for each division of the Foundation, and provided for the composition, terms of office, chairmenship, rules of procedure, and powers and duties of each divisional committee.

42 USC 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 Foundation on issues relating to research and education in science and engineering.

42 USC 1869 - Scholarships and graduate fellowships

The Foundation is authorized to award scholarships and graduate fellowships for study and research in the sciences or in engineering at appropriate nonprofit">nonprofit American or nonprofit">nonprofit foreign institutions selected by the recipient of such aid, for stated periods of time. Persons shall be selected for such scholarships and fellowships from among citizens, nationals or lawfully admitted permanent resident aliens of the United States, and such selections shall be made solely on the basis of ability; but in any case in which two or more applicants for scholarships or fellowships, as the case may be, are deemed by the Foundation to be possessed of substantially equal ability, and there are not sufficient scholarships or fellowships, as the case may be, available to grant one to each of such applicants, the available scholarship or scholarships or fellowship or fellowships shall be awarded to the applicants in such manner as will tend to result in a wide distribution of scholarships and fellowships throughout the United States. Nothing contained in this chapter shall prohibit the Foundation from refusing or revoking a scholarship or fellowship award, in whole or in part, in the case of any applicant or recipient, if the Board is of the opinion that such award is not in the best interests of the United States.

42 USC 1869a - Contracts for precollege science or engineering curriculum development activities; inspection of materials by parent or guardian

After August 9, 1975, the Director of the National Science Foundation, shall require, as a condition of any award made by the National Science Foundation for the purpose of precollege science or engineering curriculum development activities, that the awardee, and any subcontractors involved in the distribution, marketing, or selling of such science or engineering curricula, shall include in any testing agreement, sales contract, or other comparable legal instrument a provision requiring that all instructional materials, including teachers manuals, films, tapes, or other supplementary instructional materials developed or provided under such award, subcontract, or other legal instrument, will be made available within the school district using such materials for inspection by parents or guardians of children engaged in educational programs or projects of that school district. In addition, the Director of the National Science Foundation shall take such action as may be necessary and feasible to modify awards made for the purpose of precollege science or engineering curriculum development and implementation activities on or before August 9, 1975, to include such a provision in all possible cases.

42 USC 1869b - Issuance of instructions to grantees of pre-college curriculum projects

The National Science Foundation is directed to issue instructions to grantees for pre-college curriculum projects covering the protection of pre-college students and procedures for involving such students in pre-college education research and development, pilot-testing, evaluation, and revision of experimental and innovative pre-college curriculum projects funded by the Foundation. These instructions shall require such grantees to obtain written approval of the school board or comparable authority responsible for the schools prior to the involvement of such students.

42 USC 1869c - Low-income scholarship program

(1) Establishment 
The Director of the National Science Foundation (referred to in this section as the Director) shall award scholarships to low-income individuals to enable such individuals to pursue associate, undergraduate, or graduate level degrees in mathematics, engineering, or computer science.
(2) Eligibility 

(A) In general 
To be eligible to receive a scholarship under this section, an individual
(i) must be a citizen of the United States, a national of the United States (as defined in section 1101 (a) of title 8), an alien admitted as a refugee under section 1157 of title 8, or an alien lawfully admitted to the United States for permanent residence;
(ii) shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require; and
(iii) shall certify to the Director that the individual intends to use amounts received under the scholarship to enroll or continue enrollment at an institution of higher education (as defined in section 1001 (a) of title 20) in order to pursue an associate, undergraduate, or graduate level degree in mathematics, engineering, computer science, or other technology and science programs designated by the Director.
(B) Ability 
Awards of scholarships under this section shall be made by the Director solely on the basis of the ability of the applicant, except that in any case in which 2 or more applicants for scholarships are deemed by the Director to be possessed of substantially equal ability, and there are not sufficient scholarships available to grant one to each of such applicants, the available scholarship or scholarships shall be awarded to the applicants in a manner that will tend to result in a geographically wide distribution throughout the United States of recipients places of permanent residence.
(3) Limitation 
The amount of a scholarship awarded under this section shall be determined by the Director, except that the Director shall not award a scholarship in an amount exceeding $10,000 per year. The Director may renew scholarships for up to 4 years.
(4) Funding 
The Director shall carry out this section only with funds made available under section 1356 (s)(3) of title 8. The Director may use no more than 50 percent of such funds for undergraduate programs for curriculum development, professional and workforce development, and to advance technological education. Funds for these other programs may be used for purposes other than scholarships.
(5) Federal Register 
Not later than 60 days after December 8, 2004, the Director shall publish in the Federal Register a list of eligible programs of study.

42 USC 1870 - General authority of Foundation

The Foundation shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this chapter, including, but without being limited thereto, the authority
(a) to prescribe such rules and regulations as it deems necessary governing the manner of its operations and its organization and personnel;
(b) to make such expenditures as may be necessary for administering the provisions of this chapter;
(c) to enter into contracts or other arrangements, or modifications thereof, for the carrying on, by organizations or individuals in the United States and foreign countries, including other government agencies of the United States and of foreign countries, of such scientific or engineering activities as the Foundation deems necessary to carry out the purposes of this chapter, and, at the request of the Secretary of State or Secretary of Defense, specific scientific or engineering activities in connection with matters relating to international cooperation or national security, and, when deemed appropriate by the Foundation, such contracts or other arrangements, or modifications thereof may be entered into without legal consideration, without performance or other bonds, and without regard to section 5 of title 41;
(d) to make advance, progress, and other payments which relate to scientific or engineering activities without regard to the provisions of section 3324 (a) and (b) of title 31;
(e) to acquire by purchase, lease, loan, gift, or condemnation, and to hold and dispose of by grant, sale, lease, or loan, real and personal property of all kinds necessary for, or resulting from, the exercise of authority granted by this chapter;
(f) to receive and use funds donated by others, if such funds are donated without restriction other than that they be used in furtherance of one or more of the general purposes of the Foundation, except that funds may be donated for specific prize competitions for basic research as defined in the Office of Management and Budget Circular No. A11;
(g) to publish or arrange for the publication of scientific and engineering information so as to further the full dissemination of information of scientific or engineering value consistent with the national interest, without regard to the provisions of section 501 of title 44;
(h) to accept and utilize the services of voluntary and uncompensated personnel and to provide transportation and subsistence as authorized by section 5703 of title 5 for persons serving without compensation;
(i) to prescribe, with the approval of the Comptroller General of the United States, the extent to which vouchers for funds expended under contracts for scientific or engineering research shall be subject to itemization or substantiation prior to payment, without regard to the limitations of other laws relating to the expenditure of public funds and accounting therefor;
(j) to arrange with and reimburse the heads of other Federal agencies for the performance of any activity which the Foundation is authorized to conduct; and
(k) during the 5-year period beginning on August 21, 1986, to indemnify grantees, contractors, and subcontractors associated with the Ocean Drilling Program under the provisions of section 2354 of title 10 with all approvals and certifications required by such indemnification made by the Director.

42 USC 1870a - Buy-American requirements

(a) Award of contracts 
The Director shall, to the maximum extent practicable and consistent with current law, award to domestic firms any contracts for the purchase of goods and services intended for direct use by the Foundation.
(b) Report 
The Director shall, as soon as possible after October 31, 1988, prepare a report on
(1) the number of Foundation contracts entered into with foreign firms in fiscal year 1988;
(2) the number of such contracts entered into with domestic firms in that fiscal year;
(3) the number of contracts entered into with foreign firms where the Foundation also received a technically acceptable bid from a domestic firm; and
(4) any steps the Foundation will take to increase the number of contracts awarded to domestic firms.

Such report shall be submitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committees on Labor and Human Resources and Commerce, Science, and Transportation of the Senate.

(c) Definitions 
For the purposes of this section
(1) the term domestic firm means a business entity which is organized under the laws of the United States or the laws of a State, district, commonwealth, territory, or possession of the United States, and which conducts business operations in the United States; and
(2) the term foreign firm means a business entity not described in paragraph (1).

42 USC 1871 - Disposition of inventions produced under contracts or other arrangements

Each contract or other arrangement executed pursuant to this chapter which relates to scientific or engineering research shall contain provisions governing the disposition of inventions produced thereunder in a manner calculated to protect the public interest and the equities of the individual or organization with which the contract or other arrangement is executed: Provided, however, That nothing in this chapter shall be construed to authorize the Foundation to enter into any contractual or other arrangement inconsistent with any provision of law affecting the issuance or use of patents.

42 USC 1872 - International cooperation and coordination with foreign policy

(a) The Foundation is authorized to cooperate in any international scientific or engineering activities consistent with the purposes of this chapter and to expend for such international scientific or engineering activities such sums within the limit of appropriated funds as the Foundation may deem desirable. The Director may defray the expenses of representatives of Government agencies and other organizations and of individual scientists or engineers to accredited international scientific or engineering congresses and meetings whenever he deem[1] it necessary in the promotion of the objectives of this chapter. In this connection, with the approval of the Secretary of State, the Foundation may undertake programs granting fellowships to, or making other similar arrangements with, foreign nationals for study and research in the sciences or in engineering in the United States without regard to section 1869 of this title or the affidavit of allegiance to the United States required by section 1874 (d)(2)2 of this title.
(b) 
(1) The authority to enter into contracts or other arrangements with organizations or individuals in foreign countries and with agencies of foreign countries, as provided in section 1870 (c) of this title, and the authority to cooperate in international scientific or engineering activities as provided in subsection (a) of this section, shall be exercised only with the approval of the Secretary of State, to the end that such authority shall be exercised in such manner as is consistent with the foreign policy objectives of the United States.
(2) If, in the exercise of the authority referred to in paragraph (1) of this subsection, negotiation with foreign countries or agencies thereof becomes necessary, such negotiation shall be carried on by the Secretary of State in consultation with the Director.
[1] So in original. Probably should be “deems”.
[2] See References in Text note below.

42 USC 1872a - Repealed. Pub. L. 90407, 11(1), July 18, 1968, 82 Stat. 365

Section, act May 10, 1950, ch. 171, 14, as added July 11, 1958, Pub. L. 85–510, § 2, 72 Stat. 353, authorized the Foundation, in carrying out a program of study, research, and evaluation in the field of weather modification, to consult with meteorologists and scientists, make contracts and grants, accept gifts, loan property, conduct hearings, and subpoena books and records.

42 USC 1873 - Employment of personnel

(a) Appointment; compensation; application of civil service provisions; technical and professional personnel; members of special commissions; temporary appointments; travel expenses 

(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 provided in section 1863 (h)1 of this title, such appointments shall be made and such compensation shall be fixed in accordance with the provisions of title 5 governing appointments in the competitive service, and the provisions of chapter 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 technical and professional personnel and fix their compensation, without regard to such provisions, as he may deem necessary for the discharge 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 appointments in the competitive service.
(2) The Director may, under the authority provided 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 Foundation.
(3) The Foundation may pay, to the extent authorized for certain other Federal employees by section 5723 of title 5, travel expenses for any individual 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 individuals 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 individuals 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 section 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 provision of law, the employers 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 special commissions 
The members of the Board and the members of each special commission shall be entitled to receive 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 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 compensation and reimbursement for traveling expenses.
(d) Federal officers as members of special commissions; 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 contracts 
In making contracts or other arrangements for scientific or engineering research, the Foundation 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 institutions, or individuals in the United States or foreign countries, including Government agencies of the United States and of foreign countries, qualified by training and experience to achieve the results desired,
(2)  strengthening the research staff of organizations, particularly nonprofit">nonprofit organizations, in the United States,
(3)  adding institutions, agencies, or organizations which, if aided, will advance scientific or engineering research, and
(4)  encouraging independent scientific or engineering research by individuals.
(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 facilities 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 means the States, the District of Columbia, the Commonwealth of Puerto Rico, and all territories 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 expiration 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 theretofore 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 commercial organization, or an educational, academic, or other nonprofit">nonprofit institution when the institution 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, organizations, and institutions supplying information described in subparagraph (A) may not be disclosed to the public.
(2) In support of functions authorized by section 1862 (a)(5) or (6) of this title, the Foundation may designate, at its discretion, authorized persons, including employees of Federal, State, or local agencies or instrumentalities (including local educational agencies) and employees of private organizations, to have access, for statistical 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 industrial or commercial organization, or an educational, academic, or other nonprofit">nonprofit institution that has received a pledge of confidentiality from the Foundation can be specifically identified;
(B) permit anyone other than individuals authorized by the Foundation to examine data that allows for such identification relating to an individual, an industrial or commercial organization, or an academic, educational, or other nonprofit">nonprofit institution that has received a pledge of confidentiality from the Foundation; or
(C) knowingly and willfully request or obtain 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.
[1] See References in Text note below.

42 USC 1873a - Repealed. Pub. L. 99159, 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.

42 USC 1874 - Security provisions

(a) Nuclear energy research and development 
The Foundation shall not support any research or development activity in the field of nuclear energy, nor shall it exercise any authority pursuant to section 1870 (e) of this title in respect to that field, without first having obtained the concurrence of the Secretary of Energy that such activity will not adversely affect the common 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 applicable. 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 research activities under this chapter in connection with matters relating to the national defense, with respect to which funds have been transferred to the Foundation from the Department of Defense in accordance with the provisions of section 1873 (f) of this title, the Secretary of Defense shall establish such security requirements and safeguards, including restrictions with respect to access to information and property, as he deems necessary.
(2) In the case of scientific or engineering research activities under this chapter in connection with matters relating to the national defense other than research activities referred to in paragraph (1) of this subsection, the Foundation shall establish such security requirements and safeguards, including restrictions with respect 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 requested by the Foundation in connection with the enforcement of security requirements and safeguards, including restrictions with respect to access to information and property, established under paragraph (1) or (2) of this subsection.

42 USC 1875 - Appropriations

To enable the Foundation to carry out its powers and duties, only such sums may be appropriated as the Congress may authorize by law.

1876 to 1879. Repealed. Pub. L. 99383, 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 Foundation. 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 Information Council within National Science Foundation. Section 1878, Pub. L. 85–864, title IX, § 903, Sept. 2, 1958, 72 Stat. 1601, provided National Science Foundation 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 out programs of the Science Information Service and the Science Information Council.

42 USC 1880 - National Medal of Science

There is established a National Medal of Science (hereinafter referred to as the medal), which shall be of such design and materials and bear such inscriptions as the President, on the basis of recommendations submitted by the National Science Foundation, may prescribe, and shall be awarded as provided in section 1881 of this title.

42 USC 1881 - Award of National Medal of Science

(a) Recommendations 
The President shall from time to time award the medal, on the basis of recommendations received from the National Academy of Sciences or on the basis of such other information and evidence as he deems appropriate, to individuals who in his judgment are deserving of special recognition by reason of their outstanding contributions to knowledge in the physical, biological, mathematical, engineering, behavioral or social sciences.
(b) Number 
Not more than twenty individuals may be awarded the medal in any one calendar year.
(c) Citizenship 
An individual may not be awarded the medal unless at the time such award is made he
(1) is a citizen or other national of the United States; or
(2) is an alien lawfully admitted to the United States for permanent residence who
(A)  has filed an application for petition for naturalization in the manner prescribed by section 1445 (b) of title 8 and
(B)  is not permanently ineligible to become a citizen of the United States.
(d) Ceremonies 
The presentation of the award shall be made by the President with such ceremonies as he may deem proper, including attendance by appropriate Members of Congress.

42 USC 1881a - Alan T. Waterman Award

(a) Establishment; amounts; terms 
The National Science Foundation is authorized to establish the Alan T. Waterman Award for research or advanced study in the mathematical, physical, medical, biological, engineering, behavioral, social, or other sciences. The award authorized by this section shall consist of a suitable medal and a grant to support further research or study by the recipient. The National Science Board will periodically establish the amounts and terms of such grants under this section.
(b) Purpose 
Awards under this section shall be made to recognize and encourage the work of younger scientists whose capabilities and accomplishments show exceptional promise of significant future achievement.
(c) Number 
Not more than three awards may be made under this section in any one fiscal year.

42 USC 1881b - Presidential awards for teaching excellence

(1) 
(A) The President is authorized to make Presidential Awards for Excellence in Mathematics and Science Teaching to kindergarten through grade 12 school teachers of mathematics and science who have demonstrated outstanding teaching ability in the field of teaching mathematics or science.
(B) Each year the President is authorized to make no fewer than 108 awards under subparagraph (A). In selecting teachers for an award authorized by this subsection, the President shall select at least two teachers
(i) from each of the several States;
(ii) from the District of Columbia;
(iii) from the Commonwealth of Puerto Rico;
(iv) from among the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and other commonwealths, territories, and possessions of the United States; and
(v) from schools established outside the several States and the District of Columbia by any agency of the Federal Government for dependents of the employees of such agency.
(2) The President shall carry out this subsection, including the establishment of the selection procedures, after consultation with the Director and other appropriate officials of Federal agencies.
(3) 
(A) Funds to carry out this subsection for any fiscal year shall be made available from amounts appropriated pursuant to annual authorization of appropriations for the Foundation for Education and Human Resources.
(B) Amounts made available pursuant to subparagraph (A) shall be available for making awards under this subsection, for administrative expenses, for necessary travel by teachers selected under this subsection, and for special activities related to carrying out this subsection.

42 USC 1882 - Information furnished to Congressional committees

Notwithstanding any other provision of this or any other Act, the Director of the National Science Foundation and the National Science Board shall keep the Committee on Labor and Human Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives fully and currently informed with respect to all of the activities of the National Science Foundation.

42 USC 1883 - Office of Small Business Research and Development

The National Science Foundation is authorized and directed to establish an Office of Small Business Research and Development. The Foundation through the Office of Small Business Research and Development and in cooperation and consultation with the Small Business Administration shall
(1) foster communication between the National Science Foundation and the small business community, and insure that the set-aside for small business concerns provided under this Act or any other Act authorizing appropriations for the National Science Foundation is fully and effectively utilized;
(2) collect, analyze, compile, and publish information concerning grants and contracts awarded to small business concerns by the Foundation, and the procedures for handling proposals submitted by small business concerns;
(3) assist individual small business concerns in obtaining information regarding programs, policies, and procedures of the Foundation, and assure the expeditious processing of proposals by small business concerns based on scientific and technical merit; and
(4) recommend to the Director and to the National Science Board such changes in the procedures and practices of the Foundation as may be required to enable the Foundation to draw fully on the resources of the small business research and development community.

42 USC 1884 - Repealed. Pub. L. 99159, title I, 109(h), Nov. 22, 1985, 99 Stat. 890

Section, Pub. L. 95–99, § 6, Aug. 15, 1977, 91 Stat. 833, related to the establishment, etc., of the Resource Center for Science and Engineering.

42 USC 1885 - Congressional statement of findings and declaration of policy respecting equal opportunities in science and engineering

(a) The Congress finds that it is in the national interest to promote the full use of human resources in science and engineering and to insure the full development and use of the scientific and engineering talents and skills of men and women, equally, of all ethnic, racial, and economic backgrounds, including persons with disabilities.
(b) The Congress declares it is the policy of the United States to encourage men and women, equally, of all ethnic, racial, and economic backgrounds, including persons with disabilities, to acquire skills in science, engineering, and mathematics, to have equal opportunity in education, training, and employment in scientific and engineering fields, and thereby to promote scientific and engineering literacy and the full use of the human resources of the Nation in science and engineering. To this end, the Congress declares that the highest quality science and engineering over the long-term requires substantial support, from currently available research and educational funds, for increased participation in science and engineering by women, minorities, and persons with disabilities. The Congress further declares that the impact on women, minorities, and persons with disabilities which is produced by advances in science and engineering must be included as essential factors in national and international science, engineering, and economic policies.

42 USC 1885a - Women in science and engineering; support of activities by Foundation for promotion, etc.

The Foundation is authorized to
(1) support activities designed to
(A) increase the participation of women in courses of study at the undergraduate, graduate, and postgraduate levels leading to degrees in scientific and engineering fields;
(B) encourage women to consider and prepare for careers in science and engineering; or
(C) provide traineeship and fellowship opportunities for women in science and engineering;
(2) support programs in science, engineering, and mathematics in elementary and secondary schools so as to stimulate the acquisition of knowledge, skills, and information by female students and to increase female student awareness of career opportunities requiring scientific and engineering skills;
(3) support activities in continuing education in science and engineering which provide opportunities for women who
(A) are in the work force, or
(B) who are not in the work force because their careers have been interrupted,

to acquire new knowledge, techniques, and skills in scientific and engineering fields;

(4) undertake a comprehensive research program designed to increase public understanding of
(A)  the potential contribution of women in science and engineering and
(B)  the means to facilitate the participation and advancement of women in scientific and engineering careers;
(5) establish a visiting women scientists and engineers program;
(6) support activities designed to improve the availability and quality of public information concerning the importance of the participation of women in careers in science and engineering;
(7) support activities of museums and science centers which demonstrate potential to interest and involve women in science and engineering;
(8) make grants, to be known as the National Research Opportunity Grants, to women scientists and engineers who
(A)  have received their doctorates within five years prior to the date of the award or
(B)  have received their doctorates, have had their careers interrupted, and are re-entering the work force within five years after such interruption;
(9) make grants to women eligible under paragraph (8) to assist such women in planning and developing a research project eligible for support under such paragraph;
(10) provide support to individuals or academic institutions for full-time or part-time visiting professorships for women in science and engineering; and
(11) support demonstration project activities of individuals, public agencies, and private entities designed to encourage the employment and advancement of women in science and engineering.

42 USC 1885b - Participation in science and engineering of minorities and persons with disabilities

(a) The Foundation is authorized
(1)  to undertake or support a comprehensive science and engineering education program to increase the participation of minorities in science and engineering, and
(2)  to support activities to initiate research at minority institutions.
(b) The Foundation is authorized to undertake or support programs and activities to encourage the participation of persons with disabilities in the science and engineering professions.

42 USC 1885c - Committee on Equal Opportunities in Science and Engineering

(a) Establishment; purposes 
There is established within the Foundation a Committee on Equal Opportunities in Science and Engineering (hereinafter referred to as the Committee). The Committee shall provide advice to the Foundation concerning
(1)  the implementation of the provisions of sections 1885 to 1885d of this title and
(2)  other policies and activities of the Foundation to encourage full participation of women, minorities, and persons with disabilities in scientific, engineering, and professional fields.
(b) Membership; Chairperson; term of members 
Each member of the Committee shall be appointed by the Director. In addition, the Chairman of the National Science Board may designate a member of the Board as a member of the Committee. Members of the Committee shall be appointed to serve for a three-year term, and may be reappointed to serve one additional term of three years.
(c) Responsibilities of Committee 
The Committee shall be responsible for reviewing and evaluating all Foundation matters relating to opportunities for the participation in, and the advancement of, women, minorities, and persons with disabilities in education, training, and science and engineering research programs.
(d) Standing or ad hoc subcommittees 
The Committee may organize such standing or ad hoc subcommittees as the Committee finds appropriate.
(e) Biennial report 
Every two years, the Committee shall prepare and transmit to the Director a report on its activities during the previous two years and proposed activities for the next two years. The Director shall transmit to Congress the report, unaltered, together with such comments as the Director deems appropriate.

42 USC 1885d - Biennial reports

(a) By January 30 of each odd-numbered year, the Director shall simultaneously transmit a report to the Congress, the Attorney General, the Director of the Office of Science and Technology Policy, the Chairman of the Equal Employment Opportunity Commission, the Director of the Office of Personnel Management, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services.
(b) The report required by subsection (a) of this section shall contain
(1) an accounting and comparison, by sex, race, and ethnic group and by discipline, of the participation of women and men in scientific and engineering positions, including
(A) the number of individuals in permanent and temporary and in full-time and part-time scientific and engineering positions by appropriate level or similar category;
(B) the average salary of individuals in such scientific and engineering positions;
(C) the number and type of promotional opportunities realized by individuals in such scientific and engineering positions;
(D) the number of individuals serving as principal investigators in federally conducted or federally supported research and development; and
(E) the unemployment rate of individuals seeking scientific and engineering positions;
(2) an assessment, including quantitative and other data, of the proportion of women and minorities studying scientific and engineering fields, including mathematics and computer skills, at all educational levels; and
(3) such other data, analyses, and evaluations as the Director, acting on the advice of the Committee on Equal Opportunities in Science and Engineering, determines appropriate to carry out the Foundations functions as well as the policies and programs of sections 1885 to 1885d of this title.

42 USC 1886 - Data collection and analysis

The National Science Foundation is authorized to design, establish, and maintain a data collection and analysis capability in the Foundation for the purpose of identifying and assessing the research facilities needs of universities. The needs of universities, by major field of science and engineering, for construction and modernization of research laboratories, including fixed equipment and major research equipment, shall be documented. University expenditures for the construction and modernization of research facilities, the sources of funds, and other appropriate data shall be collected and analyzed. The Foundation, in conjunction with other appropriate Federal agencies, shall conduct the necessary surveys every 2 years and report the results to the Congress. The first report shall be submitted to the Congress by September 1, 1986.

42 USC 1887 - Indemnification of grantees, contractors, and subcontractors under ocean drilling program; approvals and certifications by Director

The Foundation is on and after November 25, 1985, authorized to indemnify grantees, contractors, and subcontractors associated with the ocean drilling program under the provisions of section 2354 of title 10, with all approvals and certifications required thereby made by the Director of the National Science Foundation.