
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1861]

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

(May 10, 1950, ch. 171, Sec. 2, 64 Stat. 149.)


                      Short Title of 1998 Amendment

    Pub. L. 105-207, Sec. 1, July 29, 1998, 112 Stat. 869, provided 
that: ``This Act [enacting sections 1862k to 1862m of this title, 
amending sections 1862, 1863, 1864, 1873, 1874, 1881a, 1881b, 1885b, 
1885c, and 6686 of this title, and enacting provisions set out as notes 
under sections 1862k and 6686 of this title] may be cited as the 
`National Science Foundation Authorization Act of 1998'.''


                      Short Title of 1992 Amendment

    Pub. L. 102-476, Sec. 1, Oct. 23, 1992, 106 Stat. 2297, provided 
that: ``This Act [enacting sections 1862h to 1862j of this title and 
amending section 1862 of this title] may be cited as the `Scientific and 
Advanced-Technology Act of 1992'.''


                     Short Title of 1988 Amendments

    Pub. L. 100-570, Sec. 1, Oct. 31, 1988, 102 Stat. 2865, provided 
that: ``This Act [enacting sections 1862a to 1862g, 1870a, and 1881b of 
this title, amending sections 1863, 1873, 1874, and 1885c of this title 
and sections 3011 to 3013 of Title 20, Education, repealing former 
sections 1862a and 1862b of this title, enacting provisions set out as 
notes under sections 1861, 1875, and 7704 of this title and section 3911 
of Title 20, and repealing provisions set out as a note under section 
1861 of this title] may be cited as the `National Science Foundation 
Authorization Act of 1988'.''
    Pub. L. 100-570, title II, Sec. 201, Oct. 31, 1988, 102 Stat. 2873, 
provided that: ``This title [enacting sections 1862a to 1862d of this 
title, repealing former sections 1862a and 1862b of this title, and 
repealing provisions set out as a note under section 1861 of this title] 
may be cited as the `Academic Research Facilities Modernization Act of 
1988'.''
    Pub. L. 100-418, title VI, Sec. 6401, Aug. 23, 1988, 102 Stat. 1542, 
which provided that subtitle E (Secs. 6401-6403) of title VI of Pub. L. 
100-418, enacting sections 1862a and 1862b of this title, was to be 
cited as the ``National Science Foundation University Infrastructure Act 
of 1988'', was repealed by Pub. L. 100-570, title II, Sec. 206, Oct. 31, 
1988, 102 Stat. 2878.


                      Short Title of 1986 Amendment

    Pub. L. 99-383, Sec. 1, Aug. 21, 1986, 100 Stat. 813, provided: 
``That this Act [amending sections 1862, 1864a, 1869, and 1870 of this 
title and section 5316 of Title 5, Government Organization and 
Employees, repealing sections 1876 to 1879 of this title, and enacting 
provisions set out as notes under sections 1885a and 6614 of this title] 
may be cited as the `National Science Foundation Authorization Act for 
Fiscal Year 1987'.''


                      Short Title of 1985 Amendment

    Pub. L. 99-159, title I, Sec. 101, Nov. 22, 1985, 99 Stat. 887, 
provided that: ``This title [enacting section 1886 of this title, 
amending sections 1862, 1863, 1864, 1868 to 1872, 1873, 1874, 1881a, 
1882, and 1885 to 1885d of this title, repealing sections 1873a and 1884 
of this title, and amending provisions set out as notes under sections 
1861 and 1882 of this title] may be cited as the `National Science 
Foundation Authorization Act for Fiscal Year 1986'.''


                      Short Title of 1980 Amendment

    Pub. L. 96-516, Sec. 1, Dec. 12, 1980, 94 Stat. 3007, as amended by 
Pub. L. 99-159, title I, Sec. 111(a), Nov. 22, 1985, 99 Stat. 892, 
provided: ``That this Act [enacting sections 1885 to 1885d of this 
title, amending sections 1863, 1874, 1875, 1881, and 1881a of this 
title, and enacting provisions set out as notes under sections 1861, 
1864, 1866, and 1885 of this title] may be cited as the `National 
Science Foundation Authorization and Science and Engineering Equal 
Opportunities Act'.''
    Pub. L. 96-516, Sec. 31, Dec. 12, 1980, 94 Stat. 3010, as amended by 
Pub. L. 99-159, title I, Sec. 111(b)(1), Nov. 22, 1985, 99 Stat. 892, 
provided that: ``This part [part B (Secs. 31-39), enacting sections 1885 
to 1885d of this title, and provisions set out as notes under section 
1885 of this title] may be cited as the `Science and Engineering Equal 
Opportunities Act'.''


                      Short Title of 1977 Amendment

    Pub. L. 95-99, Sec. 1, Aug. 15, 1977, 91 Stat. 831, provided: ``That 
this Act [enacting sections 1869b, 1873a, and 1884 of this title, 
amending sections 1862, 1863, 1873, and 1882 of this title, and enacting 
provisions set out as a note under section 1862 of this title] may be 
cited as the `National Science Foundation Authorization Act, Fiscal Year 
1978'.''


                      Short Title of 1976 Amendment

    Pub. L. 94-471, Sec. 1, Oct. 11, 1976, 90 Stat. 2053, provided: 
``That this Act [enacting sections 1882 and 1883 of this title, amending 
section 1863 of this title, and enacting provisions set out as notes 
under sections 1862, 1864, 1873, and 5820 of this title] may be cited as 
the `National Science Foundation Authorization Act, 1977'.''


                               Short Title

    Section 1 of act May 10, 1950, provided: ``That this Act [enacting 
this chapter] may be cited as the `National Science Foundation Act of 
1950'.''

                          Transfer of Functions

    Office of Science and Technology, including offices of Director and 
Deputy Director, provided for by sections 1 and 2 of Reorg. Plan No. 2 
of 1962, abolished and all functions vested by law in Office of Science 
and Technology or Director or Deputy Director of Office of Science and 
Technology transferred to Director of National Science Foundation by 
sections 2 and 3(a)(5) of Reorg. Plan No. 1 of 1973, eff. July 1, 1973, 
set out in the Appendix to Title 5, Government Organization and 
Employees.


     Continuation of Existing Offices, Procedures, and Organization

    Amendments by Pub. L. 90-407, July 18, 1868, 82 Stat. 360, intended 
to continue in effect the existing offices, procedures, and organization 
of the Foundation as provided by this chapter, part II of Reorg. Plan 
No. 2 of 1962 [set out below], and Reorg. Plan, No. 5 of 1965 [set out 
in Appendix to Title 5, Government Organization and Employees], but on 
and after July 18, 1968, part II of Reorg. Plan No. 2 of 1962, and 
Reorg. Plan No. 5 of 1965, as being of no force or affect, and nothing 
in Pub. L. 90-407 as altering or affecting any transfers of functions 
made by part I of Reorg. Plan No. 2 of 1962, see section 16 of Pub. L. 
90-407, set out as Continuation of Existing Offices, Procedures, and 
Organization of the National Science Foundation note under section 1862 
of this title.


                    REORGANIZATION PLAN NO. 2 OF 1962

Eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, as amended Pub. L. 88-
    426, title III, Sec. 305(41), Aug. 14, 1964, 78 Stat. 427; Pub. L. 
    94-282, title V, Sec. 502, May 11, 1976, 90 Stat. 472

Prepared by the President and transmitted to the Senate and the House of 
    Representatives in Congress assembled, March 29, 1962, pursuant to 
    the provisions of the Reorganization Act of 1949, 63 Stat. 203, as 
    amended [see 5 U.S.C. 901 et seq.].

             CERTAIN SCIENCE AGENCIES AND FUNCTIONS


                Part I--Office of Science and Technology

    Sec. 1. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11, 1976, 
90 Stat. 472. Section established, in Executive Office of the President, 
the Office of Science and Technology.]
    Sec. 2. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11, 1976, 
90 Stat. 472. Section as amended by Pub. L. 88-426, title III, 
Sec. 305(41)(A), (B), Aug. 14, 1964, 78 Stat. 427, 428, authorized 
appointment of Director and Deputy Director of Office of Science and 
Technology by the President by and with the advice and consent of the 
Senate.]
    Sec. 3. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11, 1976, 
90 Stat. 472. Section transferred to Director of the Office of Science 
and Technology, from National Science Foundation, certain functions 
formerly conferred upon the Foundation.]
    Sec. 4. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11, 1976, 
90 Stat. 472. Section authorized Director of the Office of Science and 
Technology to appoint employees necessary for work of the Office under 
classified civil service and to fix their compensation in accordance 
with the classification laws.]


                  Part II--National Science Foundation

                     Section 21. Executive Committee

    (a) There is hereby established the Executive Committee of the 
National Science Board, hereafter in this Part referred to as the 
Executive Committee, which shall be composed of five voting members. 
Four of the members shall be elected as hereinafter provided. The 
Director provided for in section 22 of this reorganization plan, ex 
officio, shall be the fifth member and the chairman of the Executive 
Committee.
    (b) At its annual meeting held in 1964 and at each of its succeeding 
annual meetings the National Science Board, hereafter in this Part 
referred to as 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 who has been a member of the Executive Committee (established by 
this reorganization plan) 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) At its first meeting held after the effective date of this 
section the Board shall elect four of its members as members of the 
Executive Committee. As designated by the Board, two of the Executive 
Committee members so elected shall hold office as such members until the 
date of the annual meeting of the Board held in 1964 and the other two 
members so elected shall hold such office until the annual meeting of 
the Board held in 1965.
    (d) 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.
    (e) The functions conferred upon the Executive Committee now 
existing under the provisions of the National Science Foundation Act of 
1950 [42 U.S.C. 1861 et seq.], by the provisions of section 6 of the 
National Science Foundation Act of 1950 (42 U.S.C. 1865) or otherwise, 
are hereby transferred to the Executive Committee established by the 
provisions of this Part; and the authority of the National Science Board 
to assign its powers and functions to the now-existing Executive 
Committee, and statutory limitations upon such assignment, shall 
hereafter be applicable to the Executive Committee established by the 
provisions of this Part.


                            Sec. 22. Director

    (a) There is hereby established in the National Science Foundation a 
new office with the title of Director of the National Science 
Foundation. The Director of the National Science Foundation, hereafter 
in this Part referred to 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 serve for a term of six years unless 
sooner removed by the President. The Director shall not engage in any 
business, vocation or employment other than that of serving as such 
Director, nor shall he, except with the approval of the Board, hold any 
office in, or act in any capacity for, any organization, agency, or 
institution with which the Foundation makes any contract or other 
arrangement under the National Science Foundation Act of 1950 [42 U.S.C. 
1861 et seq.].
    (b) Except to the extent inconsistent with the provisions of section 
23(b)(2) of this reorganization plan, all functions of the office of 
Director of the National Science Foundation abolished by the provisions 
of 23(a)(2) hereof are hereby transferred to the office of Director 
established by the provisions of subsection (a) of this section.
    (c) The Director, ex officio, shall be an additional member of the 
Board and, except in respect of compensation and tenure, shall be 
coordinate with 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. [As amended Pub. L. 88-426, title III, 
Sec. 305(41)(C), Aug. 14, 1964, 78 Stat. 428.]


                           Sec. 23. Abolitions

    (a) The following agencies, now existing under the National Science 
Foundation Act of 1950 [42 U.S.C. 1861 et seq.], are hereby abolished:
    (1) The Executive Committee of the National Science Board (section 6 
of Act; 42 U.S.C. 1865).
    (2) The office of Director of the National Science Foundation 
(sections 2 and 5 of Act; 42 U.S.C. 1861, 1864).
    (b) There are also hereby abolished:
    (1) The functions conferred upon the National Science Board by that 
part of section 6(a) of the National Science Foundation Act of 1950 (42 
U.S.C. 1865(a)) which reads ``The Board is authorized to appoint from 
among its members an Executive Committee''.
    (2) The functions of the Director of the National Science Foundation 
provided for in sections 4(a) and 5(a) of the National Science 
Foundation Act of 1950 (42 U.S.C. 1863(a), 1864(a)) with respect to 
serving as a nonvoting member of the Board and his functions with 
respect to serving as a nonvoting member of the Executive Committee 
provided for in section 6(b) of that Act (42 U.S.C. 1865(b)).
    (3) So much of the functions conferred upon divisional committees by 
the provisions of section 8(d) of the National Science Foundation Act of 
1950 (42 U.S.C. 1867(d)) as consists of making recommendations to, and 
advising and consulting with, the Board.
    (c) The provisions of sections 23(a)(1) and 23(b)(1) hereof shall 
become effective on the date of the first meeting of the Board held 
after the effective date of the other provisions of this reorganization 
plan.


                    Part III. Transitional Provisions

                    Section 31. Incidental Transfers

    (a) So much of the personnel, property, records, and unexpended 
balances of appropriations, allocations, and other funds employed, held, 
used, available, or to be made available, in connection with the 
functions transferred by the provisions of section 3 of this 
reorganization plan as the Director of the Bureau of the Budget shall 
determine shall be transferred to the Office of Science and Technology 
at such time or times as the said Director shall direct.
    (b) Such further measures and dispositions as the Director of the 
Bureau of the Budget shall deem to be necessary in order to effectuate 
the transfers provided for in subsection (a) of this section shall be 
carried out in such manner as he shall direct and by such agencies as he 
shall designate.


                        Sec. 32. Interim Officers

    (a) The President may authorize any person who immediately prior to 
the effective date of Part I of the reorganization plan holds a position 
in the Executive Office of the President to act as Director of the 
Office of Science and Technology until the office of Director is for the 
first time filled pursuant to the provisions of this reorganization plan 
or by recess appointment, as the case may be.
    (b) The President may authorize any person who immediately prior to 
the effective date of section 22 of this reorganization plan holds any 
office existing under the provisions of the National Science Foundation 
Act of 1950 [42 U.S.C. 1861 et seq.] to act as Director of the National 
Science Foundation until the Office of Director is for the first time 
filled pursuant to the provisions of this reorganization plan or by 
recess appointment, as the case may be.
    (c) The President may authorize any person who serves in an acting 
capacity under the foregoing provisions of this section to receive the 
compensation attached to the office in respect of which he so serves. 
Such compensation, if authorized, shall be in lieu of, but not in 
addition to, other compensation from the United States to which such 
person may be entitled.
    [Amendments by Pub. L. 90-407, July 18, 1968, 82 Stat. 360, intended 
to continue in effect the existing offices, procedures, and organization 
of the National Science Foundation as provided by this chapter, part II 
of Reorg. Plan No. 2 of 1962, and Reorg. Plan No. 5 of 1965, but on and 
after July 18, 1968, part II of Reorg. Plan No. 2 of 1962, and Reorg. 
Plan No. 5 of 1965, as being of no force or effect, and nothing in Pub. 
L. 90-407 as altering or affecting any transfers of functions made by 
part I of Reorg. Plan No. 2 of 1962, see section 16 of Pub. L. 90-407, 
set out as Continuation of Existing Offices, Procedures, and 
Organization of the National Science Foundation note under section 1862 
of this title.]


                        Message of the President

To the Congress of the United States:
    I transmit herewith Reorganization Plan No. 2 of 1962, prepared in 
accordance with the provisions of the Reorganization Act of 1949, as 
amended, and providing for certain reorganizations in the field of 
science and technology.
    Part I of the reorganization plan establishes the Office of Science 
and Technology as a new unit within the Executive Office of the 
President; places at the head thereof a Director appointed by the 
President by and with the advice and consent of the Senate and makes 
provision for a Deputy Director similarly appointed; and transfers to 
the Director certain functions of the National Science Foundation under 
sections 3(a)(1) and 3(a)(6) of the National Science Foundation Act of 
1950.
    The new arrangements incorporated in part I of the reorganization 
plan will constitute an important development in executive branch 
organization for science and technology. Under those arrangements the 
President will have permanent staff resources capable of advising and 
assisting him on matters of national policy affected by or pertaining to 
science and technology. Considering the rapid growth and far-reaching 
scope of Federal activities in science and technology, it is imperative 
that the President have adequate staff support in developing policies 
and evaluating programs in order to assure that science and technology 
are used most effectively in the interests of national security and 
general welfare.
    To this end it is contemplated that the Director will assist the 
President in discharging the responsibility of the President for the 
proper coordination of Federal science and technology functions. More 
particularly, it is expected that he will advise and assist the 
President as the President may request with respect to--
        (1) Major policies, plans, and programs of science and 
    technology of the various agencies of the Federal Government, giving 
    appropriate emphasis to the relationship of science and technology 
    to national security and foreign policy, and measures for furthering 
    science and technology in the Nation.
        (2) Assessment of selected scientific and technical developments 
    and programs in relation to their impact on national policies.
        (3) Review, integration, and coordination of major Federal 
    activities in science and technology, giving due consideration to 
    the effects of such activities on non-Federal resources and 
    institutions.
        (4) Assuring that good close relations exist with the Nation's 
    scientific and engineering communities so as to further in every 
    appropriate way their participation in strengthening science and 
    technology in the United States and the free world.
        (5) Such other matters consonant with law as may be assigned by 
    the President to the Office.
    The ever-growing significance and complexity of Federal programs in 
science and technology have in recent years necessitated the taking of 
several steps for improving the organizational arrangements of the 
executive branch in relation to science and technology:
        (1) The National Science Foundation was established in 1950. The 
    Foundation was created to meet a widely recognized need for an 
    organization to develop and encourage a national policy for the 
    promotion of basic research and education in the sciences, to 
    support basic research, to evaluate research programs undertaken by 
    Federal agencies, and to perform related functions.
        (2) The Office of the Special Assistant to the President for 
    Science and Technology was established in 1957. The Special 
    Assistant serves as Chairman of both the President's Science 
    Advisory Committee and the Federal Council for Science and 
    Technology, mentioned below.
        (3) At the same time, the Science Advisory Committee, composed 
    of eminent non-Government scientists and engineers, and located 
    within the Office of Defense Mobilization, was reconstituted in the 
    White House Office as the President's Science Advisory Committee.
        (4) The Federal Council for Science and Technology, composed of 
    policy officials of the principal agencies engaged in scientific and 
    technical activities, was established in 1959.
    The National Science Foundation has proved to be an effective 
instrument for administering sizable programs in support of basic 
research and education in the sciences and has set an example for other 
agencies through the administration of its own programs. However, the 
Foundation, being at the same organizational level as other agencies, 
cannot satisfactorily coordinate Federal science policies or evaluate 
programs of other agencies. Science policies, transcending agency lines, 
need to be coordinated and shaped at the level of the Executive Office 
of the President drawing upon many resources both within and outside of 
Government. Similarly, staff efforts at that higher level are required 
for the evaluation of Government programs in science and technology.
    Thus, the further steps contained in part I of the reorganization 
plan are now needed in order to meet most effectively new and expanding 
requirements brought about by the rapid and far-reaching growth of the 
Government's research and development programs. These requirements call 
for the further strengthening of science organization at the 
Presidential level and for the adjustment of the Foundation's role to 
reflect changed conditions. The Foundation will continue to originate 
policy proposals and recommendations concerning the support of basic 
research and education in the sciences, and the new Office will look to 
the Foundation to provide studies and information on which sound 
national policies in science and technology can be based.
    Part I of the reorganization plan will permit some strengthening of 
the staff and consultant resources now available to the President in 
respect of scientific and technical factors affecting executive branch 
policies and will also facilitate communication with the Congress.
    Part II of the reorganization plan provides for certain 
reorganizations within the National Science Foundation which will 
strengthen the capability of the Director of the Foundation to exert 
leadership and otherwise further the effectiveness of administration of 
the Foundation. Specifically:
        (1) There is established a new office of Director of the 
    National Science Foundation and that Director, ex officio, is made a 
    member of the National Science Board on a basis coordinate with that 
    of other Board members.
        (2) There is substituted for the now-existing Executive 
    Committee of the National Science Board a new Executive Committee 
    composed of the Director of the National Science Foundation, ex 
    officio, as a voting member and Chairman of the Committee, and of 
    four other members elected by the National Science Board from among 
    its appointive members.
        (3) Committees advisory to each of the divisions of the 
    Foundation will make their recommendations to the Director only 
    rather than to both the Director and the National Science Board.
    After investigation I have found and hereby declare that each 
reorganization included in Reorganization Plan No. 2 of 1962 is 
necessary to accomplish one or more of the purposes set forth in section 
2(a) of the Reorganization Act of 1949, as amended.
    I have found and hereby declare that it is necessary to include in 
the reorganization plan, by reason of reorganizations made thereby, 
provisions for the appointment and compensation of the Director and 
Deputy Director of the Office of Science and Technology and of the 
Director of the National Science Foundation. The rate of compensation 
fixed for each of these officers is that which I have found to prevail 
in respect of comparable officers in the executive branch of the 
Government.
    The functions abolished by the provisions of section 23(b) of the 
reorganization plan are provided for in sections 4(a), 5(a), 6(a), 6(b), 
and 8(d) of the National Science Foundation Act of 1950.
    The taking effect of the reorganizations included in the 
reorganization plan will provide sound organizational arrangements and 
will make possible more effective and efficient administration of 
Government programs in science and technology. It is, however, 
impracticable to itemize at this time the reductions in expenditures 
which it is probable will be brought about by such taking effect.
    I recommend that the Congress allow the reorganization plan to 
become effective.
                                                        John F. Kennedy.

    The White House, March 29, 1962.
