US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC1862]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 16--NATIONAL SCIENCE FOUNDATION
 
Sec. 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 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 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 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.

(May 10, 1950, ch. 171, Sec. 3, 64 Stat. 149; Pub. L. 85-510, Sec. 1, 
July 11, 1958, 72 Stat. 353; Pub. L. 86-232, Sec. 1, Sept. 8, 1959, 73 
Stat. 467; Pub. L. 90-407, Sec. 1, July 18, 1968, 82 Stat. 360; Pub. L. 
92-372, Sec. 8, Aug. 10, 1972, 86 Stat. 528; Pub. L. 92-484, Sec. 10(b), 
Oct. 13, 1972, 86 Stat. 802; Pub. L. 94-273, Sec. 11(3), Apr. 21, 1976, 
90 Stat. 378; Pub. L. 95-99, Sec. 12(a), formerly Sec. 14(a), Aug. 15, 
1977, 91 Stat. 835, renumbered Sec. 12(a), Pub. L. 99-159, title I, 
Sec. 109(h), Nov. 22, 1985, 99 Stat. 890; Pub. L. 99-159, title I, 
Secs. 109(e)(2), 110(a)(1)-(11), Nov. 22, 1985, 99 Stat. 890, 891; Pub. 
L. 99-383, Sec. 7(a), Aug. 21, 1986, 100 Stat. 814; Pub. L. 102-476, 
Sec. 4, Oct. 23, 1992, 106 Stat. 2300; Pub. L. 102-588, title II, 
Sec. 217, Nov. 4, 1992, 106 Stat. 5117; Pub. L. 105-207, title II, 
Sec. 202(e), July 29, 1998, 112 Stat. 875; Pub. L. 107-305, Sec. 7, Nov. 
27, 2002, 116 Stat. 2375.)


                               Amendments

    2002--Subsec. (a)(8). Pub. L. 107-305 added par. (8).
    1998--Subsec. (g). Pub. L. 105-207 struck out the subsec. (g) 
enacted by Pub. L. 102-588. See 1992 Amendment note below.
    1992--Subsec. (g). Pub. L. 102-476 and Pub. L. 102-588 amended 
section identically, adding subsec. (g).
    1986--Subsec. (a)(6). Pub. L. 99-383 amended par. (6) generally. 
Prior to amendment, par. (6) read as follows: ``to maintain a current 
register of scientific and engineering personnel, and in other ways to 
provide a central clearinghouse for the collection, interpretation, and 
analysis of data on the availability of, and the current and projected 
need for, scientific and engineering resources in the United States, and 
to provide a source of information for policy formulation by other 
agencies of the Federal Government; and''.
    1985--Subsec. (a)(1). Pub. L. 99-159, Sec. 110(a)(1), struck out 
``engineering,'' after ``biological,'' and inserted provisions relating 
to research fundamental to the engineering process, engineering 
programs, and engineering activities.
    Subsec. (a)(2). Pub. L. 99-159, Sec. 110(a)(2), substituted ``for 
study and research in the sciences or in engineering'' for ``in the 
mathematical, physical, medical, biological, engineering, social, and 
other sciences''.
    Subsec. (a)(3). Pub. L. 99-159, Sec. 110(a)(3), inserted 
applicability to engineering and engineers.
    Subsec. (a)(4). Pub. L. 99-159, Sec. 110(a)(4), inserted 
applicability to engineering.
    Subsec. (a)(5). Pub. L. 99-159, Sec. 110(a)(5), inserted 
applicability to fields of engineering.
    Subsec. (a)(6). Pub. L. 99-159, Sec. 110(a)(6), substituted 
``engineering'' for ``technical'' in two places.
    Subsec. (a)(7). Pub. L. 99-159, Sec. 110(a)(7), inserted 
applicability to engineering.
    Subsec. (b). Pub. L. 99-159, Secs. 109(e)(2), 110(a)(8), inserted 
reference to engineering in two places and substituted ``1873(f)'' for 
``1873(g)''.
    Subsec. (c). Pub. L. 99-159, Sec. 110(a)(9), inserted applicability 
to engineering research.
    Subsec. (d). Pub. L. 99-159, Sec. 110(a)(10), substituted ``research 
and education in science and engineering'' for ``basic research and 
education in the sciences''.
    Subsec. (e). Pub. L. 99-159, Sec. 110(11), inserted applicability to 
engineering.
    1977--Subsec. (e). Pub. L. 95-99 substituted ``an objective'' for 
``one of the objectives''.
    1976--Subsec. (f). Pub. L. 94-273 substituted ``April'' for 
``January''.
    1972--Subsec. (a)(1). Pub. L. 92-372 inserted support of science 
education programs at all levels to the functions of the Foundation and 
substituted ``scientific and educational activities'' for ``scientific 
activities''.
    Subsec. (b). Pub. L. 92-484 inserted provisions authorizing the 
Foundation to initiate and support specific scientific activities in 
connection with matters relating to the effects of scientific 
applications upon society, and substituted provisions relating to the 
initiation or support pursuant to requests of activities by any other 
Federal department or agency, including the Office of Technology 
Assessment, for provisions relating to the initiation or support 
pursuant to requests of activities by the Secretary of State or 
Secretary of Defense.
    1968--Subsec. (a)(1). Pub. L. 90-407 redesignated par. (2) as (1) 
and added social sciences to the enumerated list of sciences. Former 
par. (1) redesignated subsec. (d).
    Subsec. (a)(2). Pub. L. 90-407 redesignated par. (4) as (2) and 
added social sciences to the enumerated list of sciences. Former par. 
(2) redesignated (1).
    Subsec. (a)(3). Pub. L. 90-407 redesignated par. (5) as (3). Former 
par. (3) redesignated subsec. (b).
    Subsec. (a)(4). Pub. L. 90-407 added par. (4). Former par. (4) 
redesignated subsec. (a)(2).
    Subsec. (a)(5). Pub. L. 90-407 redesignated par. (6) as (5) and 
provided for the employment of consulting services, by grant or 
contract, to assist in the evaluation of the status and needs of the 
various sciences as evidenced by the programs and studies undertaken by 
agencies of the government, by individuals, and by public and private 
research groups, and provided for the consideration of the results of 
such evaluations in the correlation of the Foundation's programs with 
those undertaken by agencies of the government, as well as those 
undertaken by individuals and by public and private research groups. 
Former par. (5) redesignated (3).
    Subsec. (a)(6). Pub. L. 90-407 redesignated par. (8) as (6) and 
provided that the register of scientific and technical personnel shall 
be current, and authorized the Foundation to analyze and interpret the 
collected data on the availability of, and the current and projected 
need for, scientific and technical resources in the United States and to 
make such information available to other agencies of the government for 
policy formulation. Former par. (6) redesignated (5).
    Subsec. (a)(7). Pub. L. 90-407 added par. (7). Former par. (7), 
which provided for the establishment of such special commissions as the 
Board may from to time deem necessary for the purposes of this chapter, 
was struck out.
    Subsec. (a)(8). Pub. L. 90-407 redesignated par. (8) as (6).
    Subsec. (a)(9). Pub. L. 90-407 struck out par. (9) which authorized 
the Foundation to initiate and support a program of study, research, and 
evaluation in the field of weather modification, with particular 
attention to areas experiencing floods, drought, etc., and to report 
annually to the President and the Congress thereon.
    Subsec. (b). Pub. L. 90-407 redesignated former subsec. (a)(3) as 
(b) and substituted provisions authorizing the Foundation to initiate 
and support specific scientific activities in matters related to 
international cooperation or national security for provisions 
authorizing the Foundation to initiate and support only scientific 
research activities, only in matters related to national defense and 
only when requested to do so by the Secretary of Defense, and inserted 
provisions specifying the manner of financing such scientific 
activities. Former subsec. (b) redesignated (e).
    Subsec. (c). Pub. L. 90-407 added subsec. (c). Former subsec. (c) 
redesignated (f).
    Subsec. (d). Pub. L. 90-407 redesignated former subsec. (a)(1) as 
(d) and substituted provisions authorizing the Board and the Director to 
recommend and encourage national policies promoting basic research and 
education in the sciences for provisions authorizing and directing the 
Foundation to develop and encourage such policies.
    Subsec. (e). Pub. L. 90-407 redesignated former subsec. (b) as (e), 
substituted ``the foregoing subsections'' for ``subsection (a) of this 
section'', ``strengthen research'' for ``strengthen basic research'', 
and struck out reference to the territories and possessions of the 
United States.
    Subsec. (f). Pub. L. 90-407 redesignated former subsec. (c) as (f) 
and struck out provision requiring the report to include the minority 
views and recommendations if any, of members of the Board.
    1959--Subsec. (a)(2). Pub. L. 86-232 clarified the Foundation's 
authority to support programs to strengthen scientific research 
potential.
    1958--Subsec. (a)(9). Pub. L. 85-510 added par. (9).


            Transfer of National Science Foundation Programs

    For transfer of all programs relating to science education of the 
National Science Foundation or the Director thereof under this chapter, 
with certain exceptions, to the Secretary of Education, see section 3444 
of Title 20, Education.


             NSF Study and Report on the ``Digital Divide''

    Pub. L. 106-313, title I, Sec. 109, Oct. 17, 2000, 114 Stat. 1255, 
provided that:
    ``(a) Study.--The National Science Foundation shall conduct a study 
of the divergence in access to high technology (commonly referred to as 
the `digital divide') in the United States.
    ``(b) Report.--Not later than 18 months after the date of enactment 
of this Act [Oct. 17, 2000], the Director of the National Science 
Foundation shall submit a report to Congress setting forth the findings 
of the study conducted under subsection (a).''


   Improving United States Understanding of Science, Engineering, and 
                         Technology in East Asia

    Pub. L. 105-244, title VIII, Sec. 831, Oct. 7, 1998, 112 Stat. 1820, 
provided that:
    ``(a) Establishment.--The Director of the National Science 
Foundation is authorized, beginning in fiscal year 2000, to carry out an 
interdisciplinary program of education and research on East Asian 
science, engineering, and technology. The Director shall carry out the 
interdisciplinary program in consultation with the Secretary of 
Education.
    ``(b) Purposes.--The purposes of the program established under this 
section shall be to--
        ``(1) increase understanding of East Asian research, and 
    innovation for the creative application of science and technology to 
    the problems of society;
        ``(2) provide scientists, engineers, technology managers, and 
    students with training in East Asian languages, and with an 
    understanding of research, technology, and management of innovation, 
    in East Asian countries;
        ``(3) provide program participants with opportunities to be 
    directly involved in scientific and engineering research, and 
    activities related to the management of scientific and technological 
    innovation, in East Asia; and
        ``(4) create mechanisms for cooperation and partnerships among 
    United States industry, universities, colleges, not-for-profit 
    institutions, Federal laboratories (within the meaning of section 
    4(6) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
    U.S.C. 3703(6))), and government, to disseminate the results of the 
    program assisted under this section for the benefit of United States 
    research and innovation.
    ``(c) Participation by Federal Scientists, Engineers, and 
Managers.--Scientists, engineers, and managers of science and 
engineering programs in Federal agencies and the Federal laboratories 
shall be eligible to participate in the program assisted under this 
section on a reimbursable basis.
    ``(d) Requirement for Merit Review.--Awards made under the program 
established under this section shall only be made using a competitive, 
merit-based review process.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 
2000.''


 Status of Scientific Instrumentation; Current and Projected Needs for 
 Scientific and Technological Instrumentation; Development of Indices, 
          Correlates, or Other Suitable Measures or Indicators

    Pub. L. 96-44, Sec. 7, Aug. 2, 1979, 93 Stat. 334, provided that: 
``In partial fulfillment of the established statutory requirement that 
the National Science Foundation evaluate the status of and current and 
projected need for scientific resources (section 3(a)(5) and (6) of 
Public Law 81-507, as amended [subsec. (a)(5) and (6) of this section]), 
the National Science Foundation shall develop indices, correlates, or 
other suitable measures or indicators of the status of scientific 
instrumentation in the United States and of the current and projected 
need for scientific and technological instrumentation.''


                      Flood Hazard Mitigation Study

    Pub. L. 96-44, Sec. 8, Aug. 2, 1979, 93 Stat. 334, directed National 
Science Foundation to conduct a Flood Hazard Mitigation Study and report 
to Congress with specific program recommendations by end of fiscal year 
1980.


        Authorized Use of Funds Under Science and Society Program

    Section 5 of Pub. L. 95-99 provided that:
    ``(a) From the funds authorized under the program `Science and 
Society', the National Science Foundation is authorized to provide 
support which is designed to--
        ``(1) improve public understanding of public policy issues 
    involving science and technology;
        ``(2) facilitate the participation of qualified scientists and 
    engineers and of undergraduate and graduate students in public 
    activities aimed at the resolution of public policy issues having 
    significant scientific and technical aspects; and
        ``(3) assist nonprofit, citizens, and bona fide public interest 
    groups to acquire necessary scientific and technical expertise in 
    order to improve their comprehension of scientific and technical 
    aspects of public policy issues.
    ``(b) Awards made pursuant to this section shall, to the extent 
feasible, include support for--
        ``(1) qualified scientists and engineers to work on public 
    policy issues with significant scientific and technical components 
    in conjunction with units of State and local government, nonprofit 
    organizations, or bona fide public interest groups;
        ``(2) internship programs for science and engineering 
    undergraduate or graduate students to work on public policy issues 
    with significant scientific and technical components in conjunction 
    with units of State and local government, nonprofit organizations, 
    or bona fide public interest groups as part of their academic 
    training;
        ``(3) forums, conferences, and workshops on public policy issues 
    with significant scientific and technical components;
        ``(4) training in the presentation of scientific and technical 
    studies in a manner which (A) improves public understanding of the 
    ways in which science and technology influence contemporary life, 
    (B) improves public access to the results of scientific and 
    technical research, (C) encourages and facilitates interaction 
    between laypersons and scientists on public issues with important 
    scientific and technological components, and (D) increases public 
    knowledge and understanding of the ethical and value implications of 
    scientific and technological developments;
        ``(5) new and existing programs using radio or television to 
    increase public understanding of public policy issues with 
    significant scientific and technical components; and
        ``(6) bona fide public interest groups to acquire necessary 
    scientific and technical expertise relating to the scientific and 
    technical aspects of public policy issues and to enable such groups 
    to bring together in appropriate forums experts whose research has 
    been directed to the resolution of such issues.''


     Establishment of ``Science for Citizens Program'' Conducted in 
      Conjunction With ``Public Understanding of Science Program''

    Section 5 of Pub. L. 94-471 provided that:
    ``(a) The National Science Foundation is authorized and directed to 
conduct an experimental `Science for Citizens Program' and an augmented 
Public Understanding of Science Program under which funds will be 
available for pilot projects to:
        ``(1) improve public understanding of science, engineering and 
    technology and their impact on public policy issues;
        ``(2) facilitate the participation of experienced scientists and 
    engineers as well as graduate and undergraduate students in helping 
    the public understand science, engineering and technology and their 
    impact on public policies; and
        ``(3) assist nationally recognized professional societies and 
    groups serving important public purposes in conducting a limited 
    number of forums, conferences, and workshops to increase public 
    understanding of science and technology, and of their impact on 
    public policy issues, after consideration of the following 
    eligibility factors:
            ``(A) the extent to which the proposal of the society or 
        group will contribute to the development of facts, issues, and 
        arguments relevant to public policy issues having significant 
        scientific and technical aspects, and
            ``(B) the ability of the society or group, using its own 
        resources, to conduct such forums, conferences, and workshops.
    ``(b) One or more review panels shall be established for the purpose 
of evaluating applications for awards under this section. The membership 
of each review panel shall have balanced representation from the 
scientific and nonscientific communities and the public and private 
sectors.
    ``(c) No contract, grant or other arrangement shall be made under 
this Section without the prior approval of the National Science Board.
    ``(d) To assist the Congress in evaluating activities initiated 
pursuant to this Section, the Director of the National Science 
Foundation, in consultation with a review panel having a balanced 
representation from the scientific and nonscientific community and the 
public and private sectors, is directed to prepare a comprehensive 
analysis and assessment of such activities to be submitted to the House 
Committee on Science and Technology and the Senate Committee on Labor 
and Public Welfare [now the Committee on Labor and Human Resources], not 
later than October 31, 1977. An interim report is required no later than 
March 1, 1977.''


  Development of Program Plan for Continuing Education in Science and 
                               Engineering

    Section 6 of Pub. L. 94-471 required the National Science Foundation 
to develop a program plan for continuing education in science and 
engineering and, not later than Oct. 31, 1977, provide specific 
committees of the House of Representatives and Senate a report on the 
plan developed with recommendations for implementation in fiscal year 
1978.


           Denial of Financial Assistance to Campus Disrupters

    Section 7 of Pub. L. 93-96, Aug. 16, 1973, 87 Stat. 316, provided 
that:
    ``(a) If an institution of higher education determines, after 
affording notice and opportunity for hearing to an individual attending, 
or employed by, such institution, that such individual has been 
convicted by any court of record of any crime which was committed after 
the date of enactment of this Act [Aug. 16, 1973] and which involved the 
use of (or assistance to others in the use of) force, disruption, or the 
seizure of property under control of any institution of higher education 
to prevent officials or students in such institution from engaging in 
their duties or pursuing their studies, and that such crime was of a 
serious nature and contributed to a substantial disruption of the 
administration of the institution with respect to which such crime was 
committed, then the institution which such individual attends, or is 
employed by, shall deny for a period of two years any further payment 
to, or for the direct benefit of, such individual under any of the 
programs specified in subsection (c). If an institution denies an 
individual assistance under the authority of the preceding sentence of 
this subsection, then any institution which such individual subsequently 
attends shall deny for the remainder of the two-year period any further 
payment to, or for the direct benefit of, such individual under any of 
the programs specified in subsection (c).
    ``(b) If an institution of higher education determines, after 
affording notice and opportunity for hearing to an individual attending, 
or employed by, such institution, that such individual has willfully 
refused to obey a lawful regulation or order of such institution after 
the date of enactment of this Act [Aug. 16, 1973], and that such refusal 
was of a serious nature and contributed to a substantial disruption of 
the administration of such institution, then such institution shall 
deny, for a period of two years, any further payment to, or for the 
direct benefit of, such individual under any of the programs specified 
in subsection (c).
    ``(c) The programs referred to in subsections (a) and (b) are as 
follows:
        ``(1) The programs authorized by the National Science Foundation 
    Act of 1950 [this chapter]; and
        ``(2) The programs authorized under title IX of the National 
    Defense Education Act of 1958 [sections 1876 to 1879 of this title] 
    relating to establishing the Science Information Service.
    ``(d)(1) Nothing in this Act [Pub. L. 93-96], or any Act amended by 
this Act, shall be construed to prohibit any institution of higher 
education from refusing to award, continue, or extend any financial 
assistance under any such Act to any individual because of any 
misconduct which in its judgment bears adversely on his fitness for such 
assistance.
    ``(2) Nothing in this section shall be construed as limiting or 
prejudicing the rights and prerogatives of any institution of higher 
education to institute and carry out an independent, disciplinary 
proceeding pursuant to existing authority, practice, and law.
    ``(3) Nothing in this section shall be construed to limit the 
freedom of any student to verbal expression of individual views or 
opinions.''
    Similar provisions were contained in the following National Science 
Foundation Authorization Acts:
    Pub. L. 92-372, Sec. 7, Aug. 10, 1972, 86 Stat. 527.
    Pub. L. 92-86, Sec. 7, Aug. 11, 1971, 85 Stat. 309.
    Pub. L. 91-356, Sec. 5, July 24, 1970, 84 Stat. 471.


 Continuation of Authorization for Weather Modification Programs; Repeal

    Section 11(1) of Pub. L. 90-407 provided in part that the 
authorization for the programs initiated under former subsec. (a)(9) of 
this section shall continue in effect until Sept. 1, 1968 for the 
purposes of section 1872a of this title.


 Continuation of Existing Offices, Procedures, and Organization of the 
                       National Science Foundation

    Section 16 of Pub. L. 90-407 provided that: ``Except as otherwise 
specifically provided therein, the amendments made by this Act [enacting 
section 1864a of this title, amending sections 1862 to 1866, 1868 to 
1870, 1872 to 1875, and 1877 of this title, sections 5313, 5314, and 
5316 of Title 5, Government Organization and Employees, repealing 
sections 1867 and 1872a of this title, and enacting provisions set out 
as a note under section 5313 of Title 5] are intended to continue in 
effect under the National Science Foundation Act of 1950 [this chapter] 
the existing offices, procedures, and organization of the National 
Science Foundation as provided by such Act, [this chapter] part II of 
Reorganization Plan Numbered 2 of 1962, and Reorganization Plan Numbered 
5 of 1965 [set out as a note under section 1861 of this title]. From and 
after the date of the enactment of this Act [July 18, 1968], part II of 
Reorganization Plan Numbered 2 of 1962, and Reorganization Plan Numbered 
5 of 1965, shall be of no force or effect; but nothing in this Act shall 
alter or affect any transfers of functions made by part I of such 
Reorganization Plan Numbered 2 of 1962.''


 Investigation of Need for Geophysical Institute in Territory of Hawaii

    Act Aug. 1, 1956, ch. 865, 70 Stat. 922, directed the National 
Science Foundation to conduct an investigation into the need for and the 
feasibility and usefulness of a geophysical institute located in the 
Territory [now State] of Hawaii. The Foundation was required to report 
the results of its investigations, together with its recommendations 
based thereon, to the Congress not later than 9 months after Aug. 1, 
1956.

        Ex. Ord. No. 10521. Administration of Scientific Research

    Ex. Ord. No. 10521, Mar. 17, 1954, 19 F.R. 1499, as amended by Ex. 
Ord. No. 10807, Sec. 6(b), Mar. 13, 1959, 24 F.R. 1899, provided:
    Section 1. The National Science Foundation (hereinafter referred to 
as the Foundation) shall from time to time recommend to the President 
policies for the promotion and support of basic research and education 
in the sciences, including policies with respect to furnishing guidance 
toward defining the responsibilities of the Federal Government in the 
conduct and support of basic scientific research.
    Sec. 2. The Foundation shall continue to make comprehensive studies 
and recommendations regarding the Nation's scientific research effort 
and its resources for scientific activities, including facilities and 
scientific personnel, and its foreseeable scientific needs, with 
particular attention to the extent of the Federal Government's 
activities and the resulting effects upon trained scientific personnel. 
In making such studies, the Foundation shall make full use of existing 
sources of information and research facilities within the Federal 
Government.
    Sec. 3. The Foundation, in concert with each Federal agency 
concerned, shall review the basic scientific research programs and 
activities of the Federal Government in order, among other purposes, to 
formulate methods for strengthening the administration of such programs 
and activities by the responsible agencies, and to study areas of basic 
research where gaps or undesirable overlapping of support may exist, and 
shall recommend to the heads of agencies concerning the support given to 
basic research.
    Sec. 4. As now or hereafter authorized or permitted by law, the 
Foundation shall be increasingly responsible for providing support by 
the Federal Government for general-purpose basic research through 
contracts and grants. The conduct and support by other Federal agencies 
of basic research in areas which are closely related to their missions 
is recognized as important and desirable, especially in response to 
current national needs, and shall continue.
    Sec. 5. The Foundation, in consultation with educational 
institutions, the heads of Federal agencies, and the Commissioner of 
Education of the Department of Health, Education, and Welfare [now 
Secretary of Education], shall study the effects upon educational 
institutions of Federal policies and administration of contracts and 
grants for scientific research and development, and shall recommend 
policies and procedures which will promote the attainment of general 
national research objectives and realization of the research needs of 
Federal agencies while safeguarding the strength and independence of the 
Nation's institutions of learning.
    Sec. 6. The head of each Federal agency engaged in scientific 
research shall make certain that effective executive, organizational, 
and fiscal practices exist to ensure (a) that the Foundation is 
consulted on policies concerning the support of basic research, (b) that 
approved scientific research programs conducted by the agency are 
reviewed continuously in order to preserve priorities in research 
efforts and to adjust programs to meet changing conditions without 
imposing unnecessary added burdens on budgetary and other resources, (c) 
that applied research and development shall be undertaken with 
sufficient consideration of the underlying basic research and such other 
factors as relative urgency, project costs, and availability of manpower 
and facilities, and (d) that, subject to considerations of security and 
applicable law, adequate dissemination shall be made within the Federal 
Government of reports on the nature and progress of research projects as 
an aid to the efficiency and economy of the overall Federal scientific 
research program.
    Sec. 7. Federal agencies supporting or engaging in scientific 
research shall, with the assistance of the Foundation, cooperate in an 
effort to improve the methods of classification and reporting of 
scientific research projects and activities, subject to the requirements 
of security of information.
    Sec. 8. To facilitate the efficient use of scientific research 
equipment and facilities held by Federal agencies:
    (a) the head of each such agency engaged in scientific research 
shall, to the extent practicable, encourage and facilitate the sharing 
with other Federal agencies of major equipment and facilities; and
    (b) a Federal agency shall procure new major equipment or facilities 
for scientific research purposes only after taking suitable steps to 
ascertain that the need cannot be met adequately from existing 
inventories or facilities of its own or of other agencies; and
    (c) the Interdepartmental Committee on Scientific Research and 
Development shall take necessary steps to ensure that each Federal 
agency engaged directly in scientific research is kept informed of 
selected major equipment and facilities which could serve the needs of 
more than one agency. Each Federal agency possessing such equipment and 
facilities shall maintain appropriate records to assist other agencies 
in arranging for their joint use or exchange.
    Sec. 9. The heads of the respective Federal agencies shall make such 
reports concerning activities within the purview of this order as may be 
required by the President.
    Sec. 10. The National Science Foundation shall provide leadership in 
the effective coordination of the scientific information activities of 
the Federal Government with a view to improving the availability and 
dissemination of scientific information. Federal agencies shall 
cooperate with and assist the National Science Foundation in the 
performance of this function, to the extent permitted by law.

                        Executive Order No. 10807

    Ex. Ord. No. 10807, Mar. 13, 1959, 24 F.R. 1897, as amended Ex. Ord. 
No. 11381, Nov. 8, 1967, 32 F.R. 15629, which established the Federal 
Council for Science and Technology, provided for a chairman and 
membership, specified the functions of the Council, provided for 
assistance from other Federal agencies and the establishment of standing 
committees and panels, revoked Ex. Ord. No. 9912 of Dec. 24, 1947, 
entitled ``Establishing the Interdepartmental Committee on Scientific 
Research and Development'', and amended Ex. Ord. No. 10521, set out 
above, was omitted from the Code in view of Pub. L. 94-282, title IV, 
Sec. 402, May 11, 1976, 90 Stat. 472, set out below, which abolished the 
Federal Council for Science and Technology.


         Abolition of Federal Council for Science and Technology

    Pub. L. 94-282, title IV, Sec. 402, May 11, 1976, 90 Stat. 472, 
provided that: ``The Federal Council for Science and Technology, 
established pursuant to Executive Order No. 10807, Mar. 13, 1959, 24 
F.R. 1897, as amended by Executive Order No. 11381, Nov. 8, 1967, 32 
F.R. 15629, is hereby abolished.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1862b, 1873 of this title; 
title 8 section 1356; title 20 section 1067a.