
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: 42USC1873]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 16--NATIONAL SCIENCE FOUNDATION
 
Sec. 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.
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    \1\ See References in Text note below.
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    (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 individual's 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 individual's 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 employer's 
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 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

    Information supplied to the Foundation or a contractor of the 
Foundation by an industrial or commercial organization in survey forms, 
questionnaires, or similar instruments for the purposes of subsection 
(a)(5) or (a)(6) of section 1862 of this title may not be disclosed to 
the public unless such information has been transformed into statistical 
or aggregate formats that do not allow the identification of the 
supplier. The names of organizations supplying such information may not 
be disclosed to the public.

(May 10, 1950, ch. 171, Sec. 14, 64 Stat. 154; renumbered Sec. 15, Pub. 
L. 85-510, Sec. 2, July 11, 1958, 72 Stat. 353; amended Pub. L. 86-232, 
Sec. 8, Sept. 8, 1959, 73 Stat. 469; renumbered Sec. 14 and amended Pub. 
L. 90-407, Secs. 11(2), 12, July 18, 1968, 82 Stat. 365, 366; Pub. L. 
91-120, Sec. 3, Nov. 18, 1969, 83 Stat. 203; Pub. L. 95-99, Sec. 12(c), 
formerly Sec. 14(c), Aug. 15, 1977, 91 Stat. 835, renumbered Sec. 12(c), 
Pub. L. 99-159, title I, Sec. 109(h), Nov. 22, 1985, 99 Stat. 890; Pub. 
L. 99-159, title I, Secs. 109(e)(1), 110(a)(18), Nov. 22, 1985, 99 Stat. 
889, 891; Pub. L. 100-570, title I, Secs. 106, 107, Oct. 31, 1988, 102 
Stat. 2868, 2869; Pub. L. 101-589, title II, Sec. 251, Nov. 16, 1990, 
104 Stat. 2894; Pub. L. 102-139, title III, Oct. 28, 1991, 105 Stat. 
774; Pub. L. 104-66, title II, Sec. 2141(b), Dec. 21, 1995, 109 Stat. 
731; Pub. L. 105-207, title II, Sec. 202(a)(3), July 29, 1998, 112 Stat. 
873.)

                       References of Text

    Section 1863(h) of this title, referred to in subsec. (a), was 
redesignated section 1863(g) of this title by Pub. L. 94-282, title V, 
Sec. 503, May 11, 1976, 90 Stat. 473.
    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (a), are classified to section 3301 et 
seq. of Title 5, Government Organization and Employees.
    The General Schedule, referred to in subsec. (a)(1), is set out 
under section 5332 of Title 5.


                               Amendments

    1998--Subsec. (c). Pub. L. 105-207 substituted ``shall be entitled 
to receive'' for ``shall receive'' and ``the maximum rate payable under 
section 5376'' for ``the rate specified for the daily rate for GS-18 of 
the General Schedule under section 5332'' and inserted at end ``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.''
    1995--Subsec. (j). Pub. L. 104-66 struck out subsec. (j) which read 
as follows: ``Starting with fiscal year 1990, the Foundation shall 
submit to the Congress in each fiscal year, at the time of the release 
of the President's budget, a three-year budget estimate for the 
Foundation. The three-year budget shall include funding estimates for 
each major activity, including each scientific directorate, the United 
States Antarctic Program, the Science and Engineering Education 
Directorate, and the Program Development and Management activity.''
    1991--Subsec. (a)(3). Pub. L. 102-139 struck out ``and when less 
than'' after ``in lieu of''.
    1990--Subsec. (f). Pub. L. 101-589 inserted ``or education'' after 
``research''.
    1988--Subsec. (a). Pub. L. 100-570, Sec. 106, designated existing 
provisions as par. (1) and added pars. (2) and (3).
    Subsec. (j). Pub. L. 100-570, Sec. 107, added subsec. (j).
    1985--Subsec. (b). Pub. L. 99-159, Sec. 109(e)(1)(A), (B), struck 
out subsec. (b) relating to outside employment and activities, and 
redesignated subsec. (c) as (b).
    Subsecs. (c), (d). Pub. L. 99-159, Sec. 109(e)(1)(B), redesignated 
subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) 
redesignated (b).
    Subsec. (e). Pub. L. 99-159, Secs. 109(e)(1)(B), 110(a)(18)(A), 
redesignated subsec. (f) as (e) and inserted ``or engineering'' after 
``scientific'' wherever appearing. Former subsec. (e) redesignated (d).
    Subsec. (f). Pub. L. 99-159, Secs. 109(e)(1)(B), 110(a)(18)(B), 
redesignated subsec. (g) as (f) and substituted ``engineering'' for 
``technical''. Former subsec. (f) redesignated (e).
    Subsecs. (g), (h). Pub. L. 99-159, Sec. 109(e)(1)(B), redesignated 
subsecs. (h) and (i) as (g) and (h), respectively. Former subsec. (g) 
redesignated (f).
    Subsec. (i). Pub. L. 99-159, Sec. 109(e)(1)(B), (C), added subsec. 
(i). Former subsec. (i) redesignated (h).
    1977--Subsec. (d). Pub. L. 95-99 substituted provisions authorizing 
compensation at a daily rate fixed by the chairman but not exceeding the 
rate specified for the daily rate for GS-18 of the General Schedule 
under section 5332 of title 5 for provisions authorizing a daily rate of 
$100.
    1969--Subsec. (i). Pub. L. 91-120 added subsec. (i).
    1968--Subsec. (a). Pub. L. 90-407, Sec. 12, substituted provisions 
making applicable chapter 51 and subchapter III of chapter 53 of title 
5, relating to classification and General Schedule pay rates, for 
provisions making applicable the civil-service laws and regulations and 
the Classification Act of 1949, and provisions that the members of 
special commissions be appointed without regard to the provisions of 
title 5, governing appointments in the competitive service, for 
provisions that the Deputy Director, and members of divisional 
committees and special commissions be appointed without regard to the 
civil-service laws or regulations. Provisions this subsection, relating 
to outside employment and activities of certain specified officers of 
the Foundation, were designated as subsec. (b).
    Subsec. (b). Pub. L. 90-407, Sec. 12, redesignated provisions of 
former subsec. (a) as (b) and added Assistant Directors to specified 
officers of Foundation prohibited from engaging in outside employment 
and activities. Former subsec. (b), providing for the appointment of a 
Deputy Director, was struck out.
    Subsec. (d). Pub. L. 90-407, Sec. 12, struck out applicability to 
members of each divisional committee, and substituted ``$100'' for 
``$50'' and ``section 5703'' for ``section 73b-2''.
    Subsec. (e). Pub. L. 90-407, Sec. 12, struck out ``the divisional 
committees and'' after ``may serve as members of''.
    Subsec. (f). Pub. L. 90-407, Sec. 12, redesignated subsec. (g) as 
(f), in cl. (2) substituted ``United States'' for ``States, Territories, 
possessions, and the District of Columbia'', in cl. (3) substituted 
``advance scientific research'' for ``advance basic research'', and in 
cl. (4) substituted ``independent scientific research'' for 
``independent basic research''. Former subsec. (f), exempting members of 
Board, divisional committees, or special commissions form provisions of 
former sections 281, 283, or 284 of title 18 or former section 99 of 
title 5, unless the act made unlawful by the aforementioned former 
sections directly involved or directly interested the Foundation, was 
struck out.
    Subsec. (g). Pub. L. 90-407, Sec. 12, redesignated subsec. (h) as 
(g) and struck out ``and, until such time as an appropriation is made 
available directly to the Foundation, for general administrative 
expenses of the Foundation without regard to limitations otherwise 
applicable to such funds'' after ``the purposes for which the transfer 
was made''. Former subsec. (g) redesignated (f).
    Subsec. (h). Pub. L. 90-407, Sec. 12, added subsec. (h). Former 
subsec. (h) redesignated (g).
    Subsec. (i). Pub. L. 90-407, Sec. 12, struck out subsec. (i) which 
provided for transfer of National Roster of Scientific and Specialized 
Personnel from United States Employment Service to Foundation.
    1959--Subsec. (d). Pub. L. 86-232 increased compensation for $25 to 
$50 per diem.

                          Transfer of Functions

    Authority of Director of National Science Foundation, from time to 
time, to make appropriate provisions authorizing performance by any 
other officer, or by any agency or employee, of National Science 
Foundation of any of his functions (including functions delegated to him 
by National Science Board), see Reorg. Plan No. 5 of 1965, eff. July 27, 
1965, 30 F.R. 9355, 79 Stat. 1323, set out in the Appendix to Title 5, 
Government Organization and Employees.


    Employment of Minorities, Women, and Handicapped Individuals in 
                        Executive Level Positions

    Pub. L. 94-471, Sec. 7, Oct. 11, 1976, 90 Stat. 2056, provided that:
    ``(a) The Director of the National Science Foundation shall initiate 
an intensive search for qualified women, members of minority groups, and 
handicapped individuals to fill executive level positions in the 
National Science Foundation. In carrying out the requirement of this 
subsection, the Director shall work closely with organizations which 
have been active in seeking greater recognition and utilization of the 
scientific and technical capabilities of minorities, women, and 
handicapped individuals. The Director shall improve the representation 
of minorities, women, and handicapped individuals on advisory 
committees, review panels, and all other mechanisms by which the 
scientific community provides assistance to the Foundation. The Director 
of the National Science Foundation shall report quarterly to the 
Congress on the status of minorities, women, and handicapped individuals 
and activities undertaken pursuant to this section.
    ``(b) Notwithstanding any other provision of this or any other Act, 
the National Science Foundation shall, with funds available from the 
program ``Minorities, Women, and Handicapped Individuals in Science'' 
conduct experimental forums, conferences, workshops or other activities 
designed to improve scientific literacy and to encourage and assist 
minorities, women, and handicapped individuals to undertake and to 
advance in careers in scientific research and science education.
    ``(c)(1) In order to promote increased participation by minorities 
in careers in science and engineering, the National Science Foundation 
is authorized and directed to make available planning and study grants 
for programs including, but not limited to, Minority Centers for 
Graduate Education in Science and Engineering in accordance with this 
subsection.
    ``(2) The grants for Minority Centers for Graduate Education shall 
be used to determine the need for and feasibility of developing Centers 
to be established at geographically dispersed educational institutions 
which--
        ``(A) have substantial minority student enrollment;
        ``(B) are geographically located near minority population 
    centers;
        ``(C) demonstrate a commitment to encouraging and assisting 
    minority students, researchers, and faculty;
        ``(D) have an existing or developing capacity to offer doctoral 
    programs in science and engineering;
        ``(E) will support basic research and the acquisition of 
    necessary research facilities and equipment;
        ``(F) will serve as a regional resource in science and 
    engineering for the minority community which the Center is designed 
    to serve; and
        ``(G) will develop joint educational programs with nearby 
    undergraduate institutions of higher education which have a 
    substantial minority student enrollment.
    ``(3) The Director, in consultation with groups which have been 
active in seeking greater recognition of the scientific and technical 
capabilities of minorities, shall establish criteria for the award of 
the grants, and shall report to the Committee on Science and Technology 
of the House of Representatives and the Committee on Labor and Public 
Welfare [now the Committee on Labor and Human Resources] of the Senate 
on the results of activities including an evaluation and assessment of 
the entire program carried out under this subsection, not later than 
March 1, 1977.''


 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 1862, 1863, 1874 of this 
title.
