
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1863]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 16--NATIONAL SCIENCE FOUNDATION
 
Sec. 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. A majority of the members of 
the Board shall constitute a quorum. Each member shall be given notice, 
not less than fifteen days prior to any meeting, of the call of such 
meeting.

(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 five 
professional staff members and such clerical staff members as may be 
necessary. Such staff shall be appointed by the Director, after 
consultation with the chairman of the Board and assigned at the 
direction of the Board. The professional members 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 title 5 relating to classification, and compensated at a rate not 
exceeding the maximum rate payable under section 5376 of title 5, 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. 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, for submission to 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 for submission to 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 President's 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.

(May 10, 1950, ch. 171, Sec. 4, 64 Stat. 150; Pub. L. 86-232, Sec. 2, 
Sept. 8, 1959, 73 Stat. 467; Pub. L. 86-507, Sec. 1(36), June 11, 1960, 
74 Stat. 202; Pub. L. 90-407, Sec. 2, July 18, 1968, 82 Stat. 361; Pub. 
L. 94-273, Sec. 11(3), Apr. 21, 1976, 90 Stat. 378; Pub. L. 94-282, 
title V, Sec. 503, May 11, 1976, 90 Stat. 473; Pub. L. 94-471, Sec. 9, 
Oct. 11, 1976, 90 Stat. 2057; Pub. L. 95-99, Sec. 12(b), formerly 
Sec. 14(b), Aug. 15, 1977, 91 Stat. 835, renumbered Sec. 12(b), Pub. L. 
99-159, title I, Sec. 109(h), Nov. 22, 1985, 99 Stat. 890; Pub. L. 96-
516, Sec. 21(a), Dec. 12, 1980, 94 Stat. 3010; Pub. L. 97-375, title II, 
Sec. 214, Dec. 21, 1982, 96 Stat. 1826; Pub. L. 99-159, title I, 
Secs. 109(a), 110(a)(12), Nov. 22, 1985, 99 Stat. 889, 891; Pub. L. 100-
570, title I, Secs. 105(a), 108, Oct. 31, 1988, 102 Stat. 2868, 2869; 
Pub. L. 105-207, title II, Sec. 202(a)(1), July 29, 1998, 112 Stat. 
873.)

                       References in Text

    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (g), are classified to section 3301 et 
seq. of Title 5, Government Organization and Employees.
    The Ethics in Government Act of 1978, referred to in subsec. (l), is 
Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. Title II of 
the Ethics in Government Act of 1978 was set out in the Appendix to 
Title 5, Government Organization and Employees, prior to repeal by Pub. 
L. 101-194, title II, Sec. 201, Nov. 30, 1989, 103 Stat. 1724. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 101 of Pub. L. 95-521 in the Appendix to Title 5 
and Tables.


                               Amendments

    1998--Subsec. (g). Pub. L. 105-207, Sec. 202(a)(1)(A), substituted 
``the maximum rate payable under section 5376'' for ``the appropriate 
rate provided for individuals in grade GS-18 of the General Schedule 
under section 5332''.
    Subsecs. (k), (l). Pub. L. 105-207, Sec. 202(a)(1)(B), redesignated 
subsec. (k), relating to requirement of Board members to file financial 
disclosure report, as (l).
    1988--Subsec. (k). Pub. L. 100-570, Sec. 108, added subsec. (k) 
relating to requirement of Board members to file financial disclosure 
report.
    Pub. L. 100-570, Sec. 105(a), added subsec. (k) relating to closed 
meetings.
    1985--Subsec. (c). Pub. L. 99-159, Sec. 110(a)(12), inserted ``and 
engineering'', ``and engineers'', and ``the National Academy of 
Engineering,'' and inserted ``, engineering,'' after ``other 
scientific''.
    Subsec. (e). Pub. L. 99-159, Sec. 109(a), struck out requirement 
that notice be made to members by registered or certified mail mailed to 
the last known address of record.
    1982--Subsec. (j). Pub. L. 97-375 substituted provisions requiring a 
report in each even numbered year on the state of science and 
engineering, and reports on specific policy matters, as needed, for 
provisions requiring the Board to render an annual report to the 
President, for submission to the Congress on or before March 31 in each 
year, to deal essentially, though not necessarily exclusively, with 
policy issues or matters affecting the Foundation or with which the 
Board in its official role as the policymaking body of the Foundation 
was concerned.
    1980--Subsec. (c). Pub. L. 96-516 inserted provisions respecting 
nominations of women and minority groups.
    1977--Subsec. (j). Pub. L. 95-99 added subsec. (j).
    1976--Subsec. (a). Pub. L. 94-471, Sec. 9(a), inserted reference to 
the framework of applicable national policies as set forth by the 
President and the Congress.
    Subsec. (g). Pub. L. 94-471, Sec. 9(b), inserted reference to 
consultation of the Director with the Chairman of the Board and 
substituted ``GS-18'' for ``GS-15''.
    Pub. L. 94-282 redesignated subsec. (h), and all references thereto, 
as subsec. (g). Former subsec. (g), concerning the annual report by the 
National Science Board to the President and Congress, was deleted.
    Pub. L. 94-273 substituted ``April'' for ``January''.
    Subsecs. (h) to (j). Pub. L. 94-282 redesignated subsecs. (h) to (j) 
as (g) to (i), respectively.
    1968--Subsec. (a). Pub. L. 90-407 substituted provisions which 
authorized the Board to establish the policies of the Foundation in 
addition to any powers and functions otherwise granted to it by this 
chapter, for provisions which authorized the Board, except as otherwise 
provided by this chapter, to exercise the authority granted to the 
Foundation by this chapter. Provisions of this subsection, which 
enumerated the qualifications of persons nominated for appointment to 
the Board and provided for the specified organizations to make 
recommendations to the President of individuals qualified for 
nomination, were designated as subsec. (c).
    Subsec. (b). Pub. L. 90-407 added subsec. (b). Former subsec. (b) 
redesignated (d).
    Subsec. (c). Pub. L. 90-407 redesignated provisions of former 
subsec. (a) as (c) and added social science and research management to 
the enumerated fields of eminence, and substituted ``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'' for ``the 
Association of Land Grant Colleges and Universities, the National 
Association of State Universities, the Association of American 
Colleges''. Former subsec. (c), which provided that ``The President 
shall call the first meeting of the Board, at which the first order of 
business shall be the election of a chairman and a vice chairman'', was 
struck out as executed.
    Subsec. (d). Pub. L. 90-407 redesignated former subsec. (b) as (d), 
substituted ``term of office of each member'' for ``term of office of 
each voting member'', struck out ``the terms of office of the members 
first taking office after May 10, 1950, shall expire, as designated by 
the President at the time of appointment, eight at the end of two years, 
eight at the end of four years, and eight at the end of six years, after 
May 10, 1950'', and provided for exemption of Director from prohibition 
against reappointment within two years following twelve consecutive 
years of Board membership. Former subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 90-407 redesignated former subsec. (d) as (e) 
and substituted ``A majority of the members of the Board shall 
constitute a quorum'' for ``A majority of the voting members of the 
Board shall constitute a quorum''. Former subsec. (e) redesignated (f).
    Subsec. (f). Pub. L. 90-407 redesignated former subsec. (e) as (f) 
and substituted provisions that the election of the Chairman and Vice 
Chairman take place at each annual meeting occurring in an even-numbered 
year for provisions that their election take place at the first meeting 
of the National Science Board following the enactment of Pub. L. 86-232, 
and that thereafter such election take place at the second annual 
meeting occurring after each such election.
    Subsecs. (g) to (j). Pub. L. 90-407 added subsecs. (g) to (j).
    1960--Subsec. (d). Pub. L. 86-507 inserted ``or by certified mail'' 
after ``registered mail''.
    1959--Subsec. (d). Pub. L. 86-232 changed annual meeting of Board 
from first Monday in December to third Monday or other designated day in 
May.
    Subsec. (e). Pub. L. 86-232 substituted provision for an election of 
a Chairman and Vice Chairman of the Board at first meeting of Board 
following enactment of Pub. L. 86-232 and at each second annual meeting 
thereafter in place of provision for election of the first Chairman and 
Vice Chairman to serve until first Monday in December next succeeding 
date of election and for election of subsequent officers for terms of 
two years thereafter.


                   Termination of Advisory Committees

    Advisory committees in existence on Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period following Jan. 5, 1973, 
unless, in the case of a committee established by the President or an 
officer of the Federal Government, such committee is renewed by 
appropriate action prior to the expiration of such 2-year period, or in 
the case of a committee established by the Congress, its duration is 
otherwise provided by law. Advisory committees established after Jan. 5, 
1973, to terminate not later than the expiration of the 2-year period 
beginning on the date of their establishment, unless, in the case of a 
committee established by the President or an officer of the Federal 
Government, such committee is renewed by appropriate action prior to the 
expiration of such 2-year period, or in the case of a committee 
established by the Congress, its duration is otherwise provided by law. 
See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in 
the Appendix to Title 5, Government Organization and Employees.


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

    Amendment by Pub. L. 90-407 intended to continue in effect the 
existing offices, procedures, and organization of the Foundation, see 
section 16 of Pub. L. 90-407, set out as a note under section 1862 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1868, 1873 of this title.
