
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: 42USC1874]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 16--NATIONAL SCIENCE FOUNDATION
 
Sec. 1874. Security provisions


(a) Nuclear energy research and development

    The Foundation shall not support any research or development 
activity in the field of nuclear energy, nor shall it exercise any 
authority pursuant to section 1870(e) of this title in respect to that 
field, without first having obtained the concurrence of the Secretary of 
Energy that such activity will not adversely affect the common defense 
and security. To the extent that such activity involves restricted data 
as defined in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.] the 
provisions of that Act regarding the control of the dissemination of 
restricted data and the security clearance of those individuals to be 
given access to restricted data shall be applicable. Nothing in this 
chapter shall supersede or modify any provision of the Atomic Energy Act 
of 1954.

(b) Research relating to national defense

    (1) In the case of scientific or engineering research activities 
under this chapter in connection with matters relating to the national 
defense, with respect to which funds have been transferred to the 
Foundation from the Department of Defense in accordance with the 
provisions of section 1873(f) of this title, the Secretary of Defense 
shall establish such security requirements and safeguards, including 
restrictions with respect to access to information and property, as he 
deems necessary.
    (2) In the case of scientific or engineering research activities 
under this chapter in connection with matters relating to the national 
defense other than research activities referred to in paragraph (1) of 
this subsection, the Foundation shall establish such security 
requirements and safeguards, including restrictions with respect to 
access to information and property, as it deems necessary.
    (3) Any agency of the Government exercising investigatory functions 
is authorized to make such investigations and reports as may be 
requested by the Foundation in connection with the enforcement of 
security requirements and safeguards, including restrictions with 
respect to access to information and property, established under 
paragraph (1) or (2) of this subsection.

(May 10, 1950, ch. 171, Sec. 15, 64 Stat. 156; Apr. 5, 1952, ch. 159, 
Sec. 1, 66 Stat. 43; renumbered Sec. 16, Pub. L. 85-510, Sec. 2, July 
11, 1958, 72 Stat. 353; amended Pub. L. 87-835, Sec. 1, Oct. 16, 1962, 
76 Stat. 1069; renumbered Sec. 15 and amended Pub. L. 90-407, 
Secs. 11(2), 13, July 18, 1968, 82 Stat. 365, 366; Pub. L. 96-516, 
Sec. 21(b), Dec. 12, 1980, 94 Stat. 3010; Pub. L. 99-159, title I, 
Secs. 109(e)(2), 110(a)(19), Nov. 22, 1985, 99 Stat. 890, 891; Pub. L. 
100-570, title I, Sec. 105(b), Oct. 31, 1988, 102 Stat. 2868; Pub. L. 
105-207, title II, Sec. 202(a)(4), July 29, 1998, 112 Stat. 874.)

                       References in Text

    The Atomic Energy Act of 1954, referred to in subsec. (a), is act 
Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1, 
68 Stat. 921, and amended, which is classified principally to chapter 23 
(Sec. 2011 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 2011 of this 
title and Tables.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-207 substituted ``Secretary of 
Energy'' for ``Atomic Energy Commission''.
    1988--Subsec. (c). Pub. L. 100-570 struck out subsec. (c) which 
related to oath and statement prerequisite to acceptance of scholarship 
or fellowship, ineligibility of Communist organization members, and 
penalties for violation.
    1985--Subsec. (b)(1). Pub. L. 99-159, Secs. 109(e)(2), 
110(a)(19)(A), substituted ``engineering'' for ``technical'' and 
``1873(f)'' for ``1873(g)''.
    Subsec. (b)(2). Pub. L. 99-159, Sec. 110(a)(19)(B), inserted 
applicability to engineering.
    1980--Subsecs. (c), (d). Pub. L. 96-516 redesignated subsec. (d) as 
(c), and struck out former subsec. (c) relating to clearance of 
personnel by the Civil Service Commission.
    1968--Subsec. (a). Pub. L. 90-407, Sec. 13, substituted ``1954'' for 
``1946''.
    Subsec. (b)(1). Pub. L. 90-407, Sec. 13, substituted ``section 
1873(g) of this title'' for section 1873(h) of this title''.
    1962--Subsec. (d). Pub. L. 87-835 designated existing provisions as 
par. (1), inserted reference to section 1869 of this title, and 
substituted the requirement, for applications made on or after Oct. 1, 
1962, of a full statement regarding convictions for crimes, other than 
any committed before age 16 or for minor traffic violations, and any 
criminal charges punishable by thirty days confinement, or more, pending 
at time of application for scholarship or fellowship, for the 
requirement of an affidavit stating the affiant did not believe in, and 
was not a member or supporter of any organization believing in, or 
teaching, the violent overthrow of the United States Government, or by 
any illegal means, in such par. (1), and added par. (2).
    1952--Subsec. (c). Act Apr. 5, 1952, substituted ``Civil Service 
Commission'' for ``Federal Bureau of Investigation''.


                   Subversive Activities Control Board

    The Subversive Activities Control Board, established by act Sept. 
23, 1950, ch. 1024, title I, Sec. 12, 64 Stat. 997, ceased to operate as 
of June 30, 1973, due to lack of funding.


  Basic Scientific Research; Increase in Government Support; National 
                           Science Foundation

    Pub. L. 91-441, title II, Sec. 205, Oct. 7, 1970, 84 Stat. 908, 
provided that: ``It is the sense of the Congress that--
        ``(1) an increase in Government support of basic scientific 
    research is necessary to preserve and strengthen the sound 
    technological base essential both to protection of the national 
    security and the solution of unmet domestic needs; and
        ``(2) a larger share of such support should be provided 
    hereafter through the National Science Foundation.''


 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 section 1872 of this title; title 5 
section 1304.
