§ 1861. Establishment; composition

§ 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, § 2, 64 Stat. 149.)

Statutory Notes and Related Subsidiaries

Short Title of 2021 Amendment

Pub. L. 116–339, § 1, Jan. 13, 2021, 134 Stat. 5126, provided that: “This Act [enacting section 1862v of this title and provisions set out as a note under section 1862v of this title] may be cited as the ‘Advancing Research to Prevent Suicide Act’.”

Pub. L. 116–335, § 1(a), Jan. 13, 2021, 134 Stat. 5117, provided that: “This Act [enacting section 1862u of this title and provisions set out as a note under section 1862u of this title] may be cited as the ‘Expanding Findings for Federal Opioid Research and Treatment Act’ or the ‘EFFORT Act’.”

Short Title of 2020 Amendment

Pub. L. 116–115, § 1, Feb. 11, 2020, 134 Stat. 106, provided that: “This Act [enacting section 1862t of this title, amending sections 1862n–1 and 1862n–1a of this title and section 7404 of Title 15, Commerce and Trade, and enacting provisions set out as a note under section 1862t of this title] may be cited as the ‘Supporting Veterans in STEM Careers Act’.”

Short Title of 2019 Amendment

Pub. L. 116–102, § 1, Dec. 24, 2019, 133 Stat. 3263, provided that: “This Act [amending sections 1862s–5 and 1862s–7 of this title and enacting provisions set out as notes under section 1862s–5 of this title] may be cited as the ‘Building Blocks of STEM Act’.”

Short Title of 2018 Amendment

Pub. L. 115–402, § 1, Dec. 31, 2018, 132 Stat. 5343, provided that: “This Act [amending section 1862i of this title and enacting provisions set out as notes under sections 1862i and 1862p of this title] may be cited as the ‘Innovations in Mentoring, Training, and Apprenticeships Act’.”

Pub. L. 115–303, § 1, Dec. 11, 2018, 132 Stat. 4399, provided that: “This Act [amending sections 1862n–1 and 1862n–1a of this title and enacting provisions set out as notes under section 1862n–1 of this title and preceding section 40901 of Title 51, National and Commercial Space Programs] may be cited as the ‘Women in Aerospace Education Act’.”

Short Title of 2017 Amendment

Pub. L. 115–6, § 1, Feb. 28, 2017, 131 Stat. 11, provided that: “This Act [amending section 1885a of this title and enacting provisions set out as a note under section 1885a of this title] may be cited as the ‘Promoting Women in Entrepreneurship Act’.”

Pub. L. 114–329, § 1(a), Jan. 6, 2017, 130 Stat. 2969, provided that: “This Act [see Tables for classification] may be cited as the ‘American Innovation and Competitiveness Act’.”

Short Title of 2016 Amendment

Pub. L. 114–124, § 1, Feb. 18, 2016, 130 Stat. 120, provided that: “This Act [enacting sections 1862r and 1862r–1 of this title and provisions set out as notes under sections 1862r and 1862r–1 of this title] may be cited as the ‘Research Excellence and Advancements for Dyslexia Act’ or the ‘READ Act’.”

Short Title of 2015 Amendment

Pub. L. 114–59, § 1, Oct. 7, 2015, 129 Stat. 540, provided that: “This Act [enacting section 1862q of this title, amending sections 1862n–1 and 1862n–1a of this title, and enacting provisions set out as a note under section 6621 of this title] may be cited as the ‘STEM Education Act of 2015’.”

Short Title of 2011 Amendment

Pub. L. 111–358, § 1(a), Jan. 4, 2011, 124 Stat. 3982, provided that: “this [probably should be “This”] Act [see Tables for classification] may be cited as the ‘America COMPETES Reauthorization Act of 2010’ or the ‘America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010’.”

Pub. L. 111–358, title V, § 501, Jan. 4, 2011, 124 Stat. 4005, provided that: “This subtitle [subtitle A (§§ 501–527) of title V of Pub. L. 111–358, enacting sections 1862p to 1862p–15 of this title, amending sections 1862n–1a, 1862n–5, 1863, and 1869 of this title, and enacting provisions set out as notes under sections 1862p and 1869 of this title] may be cited as the ‘National Science Foundation Authorization Act of 2010’.”

Short Title of 2002 Amendment

Pub. L. 107–368, § 1, Dec. 19, 2002, 116 Stat. 3034, provided that: “This Act [enacting sections 1862n to 1862n–10 of this title, amending sections 1862i, 1862l, 1863, 1873, and 1885 of this title, enacting provisions set out as notes under sections 1862b, 1862g, 1862n, 1864, and 1885c of this title, and amending provisions set out as a note under section 1862k of this title] may be cited as the ‘National Science Foundation Authorization Act of 2002’.”

Short Title of 1998 Amendment

Pub. L. 105–207, § 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, § 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, § 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, § 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, § 6401, Aug. 23, 1988, 102 Stat. 1542, which provided that subtitle E (§§ 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, § 206, Oct. 31, 1988, 102 Stat. 2878.

Short Title of 1986 Amendment

Pub. L. 99–383, § 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, § 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, § 1, Dec. 12, 1980, 94 Stat. 3007, as amended by Pub. L. 99–159, title I, § 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, § 31, Dec. 12, 1980, 94 Stat. 3010, as amended by Pub. L. 99–159, title I, § 111(b)(1), Nov. 22, 1985, 99 Stat. 892, provided that: “This part [part B (§§ 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, § 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, § 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

Act May 10, 1950, ch. 171, § 1, 64 Stat. 149, provided: “That this Act [enacting this chapter] may be cited as the ‘National Science Foundation Act of 1950’.”

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.

Executive Documents

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.

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, § 305(41), Aug. 14, 1964, 78 Stat. 427; Pub. L. 94–282, title V, § 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, § 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, § 502, May 11, 1976, 90 Stat. 472. Section as amended by Pub. L. 88–426, title III, § 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, § 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, § 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.