§ 1862s–1. Transparency and accountability

• (a)
  • (1) 1 1 So in original. Probably should be preceded by introductory text. building the understanding of and confidence in investments in basic research is essential to public support for sustained, predictable Federal funding;
  • (2) the Foundation has improved transparency and accountability of the outcomes made through the merit review process, but additional transparency into individual grants is valuable in communicating and assuring the public value of federally funded research; and
  • (3) the Foundation should commit to transparency and accountability and to clear, consistent public communication regarding the national interest for each Foundation-awarded grant and cooperative agreement.
• (b)
  • (1) The Director of the Foundation shall issue and periodically update, as appropriate, policy guidance for both Foundation staff and other Foundation merit review process participants on the importance of transparency and accountability to the outcomes made through the merit review process.
  • (2) The guidance under paragraph (1) shall require that each public notice of a Foundation-funded research project justify the expenditure of Federal funds by—
    • (A) describing how the project—
      • (i) reflects the statutory mission of the Foundation, as established in the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq.); and
      • (ii) addresses the Foundation’s intellectual merit and broader impacts criteria; and
    • (B) clearly identifying the research goals of the project in a manner that can be easily understood by both technical and non-technical audiences.

§ 1862n–1a. National Science Foundation Teaching Fellowships and Master Teaching Fellowships

• (a)
  • (1)
    • (A) As part of the Robert Noyce Teacher Scholarship Program established under section 1862n–1 of this title , the Director shall establish a separate program to award grants to eligible entities to enable such entities to administer fellowships in accordance with this section.
    • (B) The terms used in this section have the meanings given the terms in section 1862n–1 of this title .
  • (2) Fellowships under this section shall be available only to—
    • (A) science, technology, engineering, or mathematics professionals, including retiring professionals in those fields, who shall be referred to as “National Science Foundation Teaching Fellows” and who, in the first year of the fellowship, are enrolled in a master’s degree program leading to teacher certification or licensing; and
    • (B) mathematics and science teachers, who shall be referred to as “National Science Foundation Master Teaching Fellows” and who possess a master’s or bachelor’s degree in their field.
• (b) In order to be eligible to receive a grant under this section, an eligible entity shall enter into a partnership that shall include—
  • (1) a department within an institution of higher education participating in the partnership that provides an advanced program of study in mathematics and science;
  • (2)
    • (A) a school or department within an institution of higher education participating in the partnership that provides a teacher preparation program; or
    • (B) a 2-year institution of higher education that has a teacher preparation offering or a dual enrollment program with an institution of higher education participating in the partnership;
  • (3) not less than 1 high need local educational agency and a public school or a consortium of public schools served by the agency; and
  • (4) 1 or more nonprofit organizations that have a demonstrated record of capacity to provide expertise or support to meet the purposes of this section.
• (c) Grants awarded under this section shall be used by the eligible entity (and participating institutions of higher education of the consortium, if applicable) to develop and implement a program for National Science Foundation Teaching Fellows or National Science Foundation Master Teaching Fellows, through—
  • (1) administering fellowships in accordance with this section, including providing the teaching fellowship salary supplements described in subsection (f);
  • (2) in the case of National Science Foundation Teaching Fellowships—
    • (A) offering academic courses and clinical teaching experiences leading to a master’s degree and designed to prepare individuals to teach in elementary schools and secondary schools, including such preparation as is necessary to meet the requirements for certification or licensing; and
    • (B) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields;
  • (3) in the case of National Science Foundation Master Teaching Fellowships for teachers with master’s degrees in their field—
    • (A) offering academic courses and leadership training to prepare individuals to become master teachers in elementary schools and secondary schools; and
    • (B) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields; and
  • (4) in the case of National Science Foundation Master Teaching Fellowships for teachers with bachelor’s degrees in their field and working toward a master’s degree—
    • (A) offering academic courses leading to a master’s degree and leadership training to prepare individuals to become master teachers in elementary and secondary schools;
    • (B) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields; and
    • (C) providing internship opportunities for fellows, including research experiences at national laboratories and NASA Centers.
• (d)
  • (1) Grants shall be awarded under this section on a competitive, merit-reviewed basis.
  • (2) An eligible entity desiring a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum—
    • (A) in the case of an applicant that is submitting an application on behalf of a consortium of institutions of higher education, a description of the participating institutions of higher education and the roles and responsibilities of each such institution;
    • (B) a description of the program that the applicant intends to operate, including the number of fellowships the applicant intends to award, the type of activities proposed for the recruitment of students to the program, and the amount of the teaching fellowship salary supplements to be provided in accordance with subsection (f);
    • (C) evidence that the applicant has the capability to administer the program in accordance with the provisions of this section, which may include a description of any existing programs at the applicant eligible entity (and participating institutions of higher education of the consortium, if applicable) that are targeted to the education of mathematics and science teachers and the number of teachers graduated annually from such programs;
    • (D) in the case of National Science Foundation Teaching Fellowships, a description of—
      • (i) the selection process that will be used in awarding fellowships, including a description of the rigorous measures to be used, including the rigorous, nationally recognized assessments to be used, in order to determine whether individuals applying for fellowships have advanced content knowledge of science, technology, engineering, or mathematics;
      • (ii) the academic courses and clinical teaching experiences described in subsection (c)(2)(A), including—
        • (I) a description of an educational program that will enable a student to obtain a master’s degree and teacher certification or licensing within 1 year; and
        • (II) evidence of agreements between the applicant and the schools or local educational agencies that are identified as the locations at which clinical teaching experiences will occur;
      • (iii) a description of the programs described in subsection (c)(2)(B), including activities to assist individuals in fulfilling their service requirements under this section;
    • (E) evidence that the eligible entity will provide the teaching supplements required under subsection (f); and
    • (F) a description of the process the applicant will use to fulfill the requirements of section 1862n–1(f) of this title .
  • (3) In evaluating the applications submitted under paragraph (2), the Director shall consider, at a minimum—
    • (A) the ability of the applicant (and participating institutions of higher education of the consortium, if applicable) to effectively carry out the program and to meet the requirements of subsection (f);
    • (B) the extent to which the mathematics, science, or engineering faculty and the education faculty at the eligible entity (and participating institutions of higher education of the consortium, if applicable) have worked or will work collaboratively to design new or revised curricula that recognizes the specialized pedagogy required to teach science, technology, engineering, and mathematics effectively in elementary schools and secondary schools;
    • (C) the extent to which the applicant (and participating institutions of higher education of the consortium, if applicable) is committed to making the program a central organizational focus;
    • (D) the degree to which the proposed programming will enable participants to become highly effective mathematics and science teachers and prepare such participants to assume leadership roles in their schools, in addition to their regular classroom duties, including serving as mentor or master teachers, developing curriculum, and assisting in the development and implementation of professional development activities;
    • (E) the number and quality of the individuals that will be served by the program; and
    • (F) in the case of the National Science Foundation Teaching Fellowship, the ability of the applicant (and participating institutions of higher education of the consortium, if applicable) to recruit individuals who would otherwise not pursue a career in teaching, individuals identified in section 1885a or 1885b of this title, and veterans.
  • (4)
    • (A) Individuals shall be selected to receive fellowships under this section primarily on the basis of—
      • (i) professional achievement;
      • (ii) academic merit;
      • (iii) content knowledge of science, technology, engineering, or mathematics, as demonstrated by their performance on an assessment in accordance with paragraph (2)(D)(i); and
      • (iv) in the case of National Science Foundation Master Teaching Fellows, demonstrated success in improving student academic achievement in science, technology, engineering, or mathematics.
    • (B) Among individuals demonstrating equivalent qualifications, consideration may be given to the goal of promoting the participation of individuals identified in section 1885a or 1885b of this title and veterans.
• (e) A National Science Foundation Teaching Fellow or a National Science Foundation Master Teaching Fellow, while fulfilling the service obligation under subsection (h) and in addition to regular classroom activities, shall take on a leadership role within the school or local educational agency in which the fellow is employed, as defined by the partnership according to such fellow’s expertise, including serving as a mentor or master teacher, developing curricula, and assisting in the development and implementation of professional development activities.
• (f)
  • (1) An eligible entity receiving a grant under this section shall provide salary supplements to individuals who participate in the program under this section during the period of their service obligation under subsection (h). A local educational agency through which the service obligation is fulfilled shall agree not to reduce the base salary normally paid to an individual solely because such individual receives a salary supplement under this subsection.
  • (2)
    • (A) Salary supplements provided under paragraph (1) shall be not less than $10,000 per year, except that, in the case of a National Science Foundation Teaching Fellow, while enrolled in the master’s degree program as described in subsection (c)(2)(A), such fellow shall receive not more than the cost of attendance at such fellow’s institution.
    • (B) A National Science Foundation Teaching Fellow may receive a maximum of 1 year of fellowship support while enrolled in a master’s degree program as described in subsection (c)(2)(A), except that if such fellow is enrolled in a part-time program, such amount shall be prorated according to the length of the program.
    • (C) An eligible entity receiving a grant under this section shall provide teaching fellowship salary supplements through the period of the fellow’s service obligation under subsection (h).
• (g) A National Science Foundation Master Teacher Fellow may receive a maximum of 1 year of fellowship support while enrolled in a master’s degree program as described in subsection (c)(4)(A), except that if such fellow is enrolled in a part-time program, such amount shall be prorated according to the length of the program.
• (h) An individual awarded a fellowship under this section shall serve as a mathematics or science teacher in an elementary school or secondary school served by a high need local educational agency for—
  • (1) in the case of a National Science Foundation Teaching Fellow, 4 years, to be fulfilled within 6 years of completing the master’s program described in subsection (c)(2)(A); and
  • (2) in the case of a National Science Foundation Master Teaching Fellow, 5 years, to be fulfilled within 7 years of the start of participation in the program under subsection (c)(3).
• (i)
  • (1) An eligible entity receiving a grant under this section shall provide, from non-Federal sources, to carry out the activities supported by the grant—
    • (A) in the case of grants in an amount of less than $1,500,000, an amount equal to at least 30 percent of the amount of the grant, at least one half of which shall be in cash; and
    • (B) in the case of grants in an amount of $1,500,000 or more, an amount equal to at least 50 percent of the amount of the grant, at least one half of which shall be in cash.
  • (2) The Director may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity receiving a grant under this section, if the Director determines that applying the matching requirement would result in serious hardship or inability to carry out the authorized activities described in this section.
• (j)
  • (1) Except as provided in paragraph (2), subsections (e), (f), (g), and (h) of section 1862n–1 of this title shall apply to eligible entities and recipients of fellowships under this section, as applicable, in the same manner as such subsections apply to eligible entities and recipients of scholarships and stipends under section 1862n–1 of this title , as applicable.
  • (2) If a circumstance described in subparagraph (D) or (E) of section 1862n–1(g)(1) of this title occurs after the completion of 1 year of a service obligation under this section—
    • (A) for a National Science Foundation Teaching Fellow, the total amount of fellowship award received by the individual under this section while enrolled in the master’s degree program, reduced by one-fourth of the total amount for each year of service completed, plus one-half of the total teaching fellowship salary supplements received by such individual under this section, shall be repaid or such amount shall be treated as a loan to be repaid in accordance with section 1862n–1(g)(1)(C) of this title ; and
    • (B) for a National Science Foundation Master Teaching Fellow, the total amount of teaching fellowship salary supplements received by the individual under this section, reduced by one-half, shall be repaid or such amount shall be treated as a loan to be repaid in accordance with section 1862n–1(g)(1)(C) of this title .
• (k)
  • (1) The Director shall develop and implement practices for increasing the proportion of individuals receiving fellowships under this section who—
    • (A) fulfill the service obligation required under subsection (h); and
    • (B) remain in the teaching profession in a high need local educational agency beyond the service obligation.
  • (2) The practices described under paragraph (1) may include—
    • (A) partnering with nonprofit or professional associations or with other government entities to provide individuals receiving fellowships under this section with opportunities for professional development, including mentorship programs that pair those individuals with currently employed and recently retired science, technology, engineering, mathematics, or computer science professionals;
    • (B) increasing recruitment from high need districts;
    • (C) establishing a system to better collect, track, and respond to data on the career decisions of individuals receiving fellowships under this section;
    • (D) conducting research to better understand factors relevant to teacher service and retention, including factors specifically impacting the retention of teachers who are individuals identified in sections 1885a and 1885b of this title; and
    • (E) conducting pilot programs to improve teacher service and retention.

§ 1862s–2. Oversight of NSF major multi-user research facility projects

• (a)
  • (1) The Director of the Foundation shall strengthen oversight and accountability over the full life-cycle of each major multi-user research facility project, including planning, development, procurement, construction, operations, and support, and shut-down of the facility, in order to maximize research investment.
  • (2) In carrying out paragraph (1), the Director shall—
    • (A) prioritize the scientific outcomes of a major multi-user research facility project and the internal management and financial oversight of the major multi-user research facility project;
    • (B) clarify the roles and responsibilities of all organizations, including offices, panels, committees, and directorates, involved in supporting a major multi-user research facility project, including the role of the Major Research Equipment and Facilities Construction Panel;
    • (C) establish policies and procedures for the planning, management, and oversight of a major multi-user research facility project at each phase of the life-cycle of the major multi-user research facility project;
    • (D) ensure that policies for estimating and managing costs and schedules are consistent with the best practices described in the Government Accountability Office Cost Estimating and Assessment Guide, the Government Accountability Office Schedule Assessment Guide, and the Office of Management and Budget Uniform Guidance (2 C.F.R. Part 200);
    • (E) establish the appropriate project management and financial management expertise required for Foundation staff to oversee each major multi-user research facility project effectively, including by improving project management training and certification;
    • (F) coordinate the sharing of the best management practices and lessons learned from each major multi-user research facility project;
    • (G) continue to maintain a Large Facilities Office to support the research directorates in the development, implementation, and oversight of each major multi-user research facility project, including by—
      • (i) serving as the Foundation’s primary resource for all policy or process issues related to the development, implementation, and oversight of a major multi-user research facility project;
      • (ii) serving as a Foundation-wide resource on project management, including providing expert assistance on nonscientific and nontechnical aspects of project planning, budgeting, implementation, management, and oversight;
      • (iii) coordinating and collaborating with research directorates to share best management practices and lessons learned from prior major multi-user research facility projects; and
      • (iv) assessing each major multi-user research facility project for cost and schedule risk; and
    • (H) appoint a senior agency official whose responsibility is oversight of the development, construction, and operations of major multi-user research facilities across the Foundation.
• (b)
  • (1) Subject to subsection (c)(1), the Director of the Foundation shall require that any pre-award analysis of a major multi-user research facility project includes the development and consideration of the full life-cycle cost (as defined in section 2 of the National Science Foundation Authorization Act of 1998 ( 42 U.S.C. 1862k note)) in accordance with section 1862n–4 of this title .
  • (2) Based on the pre-award analysis described in paragraph (1), the Director of the Foundation shall include projected operational costs within the Foundation’s out-years as part of the President’s annual budget submission to Congress under section 1105 of title 31 .
• (c)
  • (1)
    • (A) The Director of the Foundation and the National Science Board may not approve or execute any agreement to start construction on any proposed major multi-user research facility project unless—
      • (i) an external analysis of the proposed budget has been conducted to ensure the proposal is complete and reasonable;
      • (ii) the analysis under clause (i) follows the Government Accountability Office Cost Estimating and Assessment Guide;
      • (iii) except as provided under subparagraph (C), an analysis of the accounting systems has been conducted;
      • (iv) an independent cost estimate of the construction of the project has been conducted using the same detailed technical information as the project proposal estimate to determine whether the estimate is well-supported and realistic; and
      • (v) the Foundation and the National Science Board have considered the analyses under clauses (i) and (iii) and the independent cost estimate under clause (iv) and resolved any major issues identified therein.
    • (B) An external analysis under subparagraph (A)(i) may include an audit.
    • (C) The Director of the Foundation, at the Director’s discretion, may waive the requirement under subparagraph (A)(iii) if a similar analysis of the accounting systems was conducted in the prior years.
  • (2) The Director of the Foundation shall require for each major multi-user research facility project—
    • (A) periodic external reviews on project management and performance;
    • (B) adequate internal controls, policies, and procedures, and reliable accounting systems in preparation for the incurred cost audits under subparagraph (D);
    • (C) annual incurred cost submissions of financial expenditures; and
    • (D) an incurred cost audit of the major multi-user research facility project in accordance with Government Accountability Office Government Auditing Standards—
      • (i) at least once during construction at a time determined based on risk analysis and length of the award, except that the length of time between audits may not exceed 3 years; and
      • (ii) at the completion of the construction phase.
  • (3) The Director of the Foundation shall require an independent cost analysis of the operational proposal for each major multi-user research facility project.
• (d)
  • (1) The Director of the Foundation shall strengthen internal controls to improve oversight of contingency on a major multi-user research facility project.
  • (2) In carrying out paragraph (1), the Director of the Foundation shall—
    • (A) only include contingency amounts in an award in accordance with section 200.433 of title 2, Code of Federal Regulations (relating to contingency provisions), or any successor regulation;
    • (B) retain control over funds budgeted for contingency, except that the Director may disburse budgeted contingency funds incrementally to the awardee to ensure project stability and continuity;
    • (C) track contingency use; and
    • (D) ensure that contingency amounts allocated to the performance baseline are reasonable and allowable.
• (e)
  • (1) It is the sense of Congress that—
    • (A) the use of taxpayer-funded award fees should be transparent and explicable; and
    • (B) the Foundation should implement an award fee policy that ensures more transparency and accountability in the funding of necessary and appropriate expenses directly related to the construction and operation of major multi-user research facilities.
  • (2) The Director of the Foundation shall establish guidelines for awardees regarding inappropriate expenditures associated with all fee types used in cooperative agreements, including for alcoholic beverages, lobbying, meals or entertainment for non-business purposes, non-business travel, and any other purpose the Director determines is inappropriate.
• (f) The Director of the Foundation shall—
  • (1) not later than 90 days after January 6, 2017 , and periodically thereafter until the completion date, provide a briefing to the appropriate committees of Congress on the response to or progress made toward implementation of—
    • (A) this section;
    • (B) all of the issues and recommendations identified in cooperative agreement audit reports and memoranda issued by the Inspector General of the Foundation in the last 5 years; and
    • (C) all of the issues and recommendations identified by a panel of the National Academy of Public Administration in the December 2015 report entitled “National Science Foundation: Use of Cooperative Agreements to Support Large Scale Investment in Research”; and
  • (2) not later than 1 year after January 6, 2017 , notify the appropriate committees of Congress when the Foundation has implemented the recommendations identified in a panel of the National Academy of Public Administration report issued December 2015.
• (g) In this section:
  • (1) The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives.
  • (2) The term “ ‘major multi-user research facility project’ ” 1 1 So in original. The single quotation marks probably should not appear. means a science and engineering facility project that—
    • (A) exceeds the lesser of—
      • (i) 10 percent of a Directorate’s annual budget; or
      • (ii) $100,000,000 in total project costs; or
    • (B) is funded by the major research equipment and facilities construction account, or any successor account.

§ 1862s–3. Personnel oversight

• (a) The Director of the Foundation shall update the policy and procedure of the Foundation relating to conflicts of interest to improve documentation and management of any known conflict of interest of an individual on temporary assignment at the Foundation, including an individual on assignment under the Intergovernmental Personnel Act of 1970 ( 42 U.S.C. 4701 et seq.).
• (b) The Deputy Director of the Foundation shall submit annually to the appropriate committees of Congress written justification for each rotator employed under the Intergovernmental Personnel Act of 1970 ( 42 U.S.C. 4701 et seq.), or other rotator employed, by the Foundation that year that is paid at a rate that exceeds the maximum rate of pay for the Senior Executive Service, including, if applicable, the level of adjustment for the certified Senior Executive Service Performance Appraisal System.
• (c) Not later than 1 year after January 6, 2017 , the Director of the Foundation shall submit to the appropriate committees of Congress a report on the Foundation’s efforts to control costs associated with employing rotators, including the results of and participation in the Foundation’s cost-sharing pilot program and the Foundation’s progress in responding to the findings and implementing the recommendations of the Office of Inspector General of the Foundation related to the employment of rotators.

§ 1862s–4. Brain Research through Advancing Innovative Neurotechnologies Initiative

• (a) The Foundation shall support research activities related to the interagency Brain Research through Advancing Innovative Neurotechnologies Initiative.
• (b) It is the sense of Congress that the Foundation should work in conjunction with the Interagency Working Group on Neuroscience established by the National Science and Technology Council, Committee on Science to determine how to use the data infrastructure of the Foundation and other applicable Federal science agencies to help neuroscientists collect, standardize, manage, and analyze the large amounts of data that result from research attempting to understand how the brain functions.

§ 1862s–5. Programs to expand STEM opportunities

• (a) Congress makes the following findings:
  • (1) Economic projections by the Bureau of Labor Statistics indicate that by 2018, there could be 2,400,000 unfilled STEM jobs.
  • (2) Women represent slightly more than half the United States population, and projections indicate that 54 percent of the population will be a member of a racial or ethnic minority group by 2050.
  • (3) Despite representing half the population, women comprise only about 30 percent of STEM workers according to a 2015 report by the National Center for Science and Engineering Statistics.
  • (4) A 2014 National Center for Education Statistics study found that underrepresented populations leave the STEM fields at higher rates than their counterparts.
  • (5) The representation of women in STEM drops significantly at the faculty level. Overall, women hold only 25 percent of all tenured and tenure-track positions and 17 percent of full professor positions in STEM fields in our Nation’s universities and 4-year colleges.
  • (6) Black and Hispanic faculty together hold about 6.5 percent of all tenured and tenure-track positions and 5 percent of full professor positions.
  • (7) Many of the numbers in the American Indian or Alaskan Native and Native Hawaiian or Other Pacific Islander categories for different faculty ranks were too small for the Foundation to report publicly without potentially compromising confidential information about the individuals being surveyed.
• (b) It is the sense of Congress that—
  • (1) it is critical to our Nation’s economic leadership and global competitiveness that the United States educate, train, and retain more scientists, engineers, and computer scientists;
  • (2) there is currently a disconnect between the availability of and growing demand for STEM-skilled workers;
  • (3) historically, underrepresented populations are the largest untapped STEM talent pools in the United States; and
  • (4) given the shifting demographic landscape, the United States should encourage full participation of individuals from underrepresented populations in STEM fields.
• (c) The Director of the Foundation shall continue to support programs designed to broaden participation of underrepresented populations in STEM fields.
• (d)
  • (1) The Director of the Foundation shall award grants on a competitive, merit-reviewed basis, to eligible entities to increase the participation of underrepresented populations in STEM fields, including individuals identified in section 1885a or section 1885b of this title .
  • (2)
    • (A) Grants awarded under this subsection may include grants for the establishment of a Center of Excellence to collect, maintain, and disseminate information to increase participation of underrepresented populations in STEM fields.
    • (B) The purpose of a Center of Excellence under this subsection is to promote diversity in STEM fields by building on the success of the INCLUDES programs, providing technical assistance, maintaining best practices, and providing related training at federally funded academic institutions.
  • (3) As a component of improving participation of women in STEM fields, research funded by a grant under this subsection may include research on—
    • (A) the role of teacher training and professional development, including effective incentive structures to encourage teachers to participate in such training and professional development, in encouraging or discouraging female students in prekindergarten through elementary school from participating in STEM activities;
    • (B) the role of teachers in shaping perceptions of STEM in female students in prekindergarten through elementary school and discouraging such students from participating in STEM activities;
    • (C) the role of other facets of the learning environment on the willingness of female students in prekindergarten through elementary school to participate in STEM activities, including learning materials and textbooks, seating arrangements, use of media and technology, classroom culture, and composition of students during group work;
    • (D) the role of parents and other caregivers in encouraging or discouraging female students in prekindergarten through elementary school from participating in STEM activities;
    • (E) the types of STEM activities that encourage greater participation by female students in prekindergarten through elementary school;
    • (F) the role of mentorship and best practices in finding and utilizing mentors; and
    • (G) the role of informal and after-school STEM learning opportunities on the perception of and participation in STEM activities of female students in prekindergarten through elementary school.
• (e)
  • (1)
    • (A) Not later than 5 years after January 6, 2017 , the Director of the Foundation shall evaluate the grants provided under this section.
    • (B) In conducting the evaluation under subparagraph (A), the Director shall—
      • (i) use a common set of benchmarks and assessment tools to identify best practices and materials developed or demonstrated by the research; and
      • (ii) to the extent practicable, combine the research resulting from the grant activity under subsection (e) with the current research on serving underrepresented students in grades kindergarten through 8.
  • (2) Not later than 180 days after the completion of the evaluation under paragraph (1), the Director of the Foundation shall submit to the appropriate committees of Congress and make widely available to the public a report that includes—
    • (A) the results of the evaluation; and
    • (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the program.
• (f) In carrying out this section, the Director of the Foundation shall consult and cooperate with the programs and policies of other relevant Federal agencies to avoid duplication with and enhance the effectiveness of the program under this section.

§ 1862s–6. Presidential awards for excellence in STEM mentoring

• (a) The Director of the Foundation shall continue to administer awards on behalf of the Office of Science and Technology Policy to recognize outstanding mentoring in STEM fields.
• (b) The Director of the Foundation shall provide Congress with a list of award recipients, including the name, institution, and a brief synopsis of the impact of the mentoring efforts.

§ 1862s–7. Computer science education research

• (a) Congress finds that as the lead Federal agency for building the research knowledge base for computer science education, the Foundation is well positioned to make investments that will accelerate ongoing efforts to enable rigorous and engaging computer science throughout the Nation as an integral part of STEM education.
• (b)
  • (1) The Director of the Foundation shall award grants to eligible entities to research computer science education and computational thinking.
  • (2) The research described in paragraph (1) may include the development or adaptation, piloting or full implementation, and testing of—
    • (A) models of preservice preparation for teachers who will teach computer science and computational thinking;
    • (B) scalable and sustainable models of professional development and ongoing support for the teachers described in subparagraph (A);
    • (C) tools and models for teaching and learning aimed at supporting student success and inclusion in computing within and across diverse populations, particularly poor, rural, and tribal populations and other populations that have been historically underrepresented in computer science and STEM fields; and
    • (D) high-quality learning opportunities for teaching computer science and, especially in poor, rural, or tribal schools at the elementary school and middle school levels, for integrating computational thinking into STEM teaching and learning.
  • (3) The tools and models described in paragraph (2)(C) may include—
    • (A) offering training and professional development programs, including summer or academic year institutes or workshops, designed to strengthen the capabilities of prekindergarten and elementary school teachers and to familiarize such teachers with the role of bias against female students in the classroom;
    • (B) offering innovative pre-service and in-service programs that instruct teachers on female-inclusive practices for teaching computing concepts;
    • (C) developing distance learning programs for teachers or students, including developing curricular materials, play-based computing activities, and other resources for the in-service professional development of teachers that are made available to teachers through the Internet;
    • (D) developing or adapting prekindergarten and elementary school computer science curricular materials that incorporate contemporary research on the science of learning, particularly with respect to female inclusion;
    • (E) developing and offering female-inclusive computer science enrichment programs for students, including after-school and summer programs;
    • (F) providing mentors for female students in prekindergarten through elementary school to support such students in participating in computer science activities;
    • (G) engaging female students in prekindergarten through elementary school, and their guardians (if such communication takes place on school premises during otherwise-scheduled conferences or formal conversations between teachers and guardians) about—
      • (i) the difficulties faced by female students with regard to maintaining an interest in participating in computer science activities; and
      • (ii) the potential positive career benefits of engaging in such activities;
    • (H) acquainting female students in prekindergarten through elementary school with careers in computer science and encouraging such students to consider careers in the computer science field; and
    • (I) developing tools to evaluate activities conducted under this subsection, including reports for evaluating the effectiveness of activities under this section.
• (c) In carrying out the grants established in subsection (b), eligible entities may collaborate and partner with local or remote schools to support the integration of computing and computational thinking within pre-kindergarten through grade 12 STEM curricula and instruction.
• (d) The Director of the Foundation shall develop metrics to measure the success of the grant program funded under this section in achieving program goals.
• (e) The Director of the Foundation shall report, in the annual budget submission to Congress, on the success of the program as measured by the metrics in subsection (d).
• (f) In this section, the term “eligible entity” means an institution of higher education or a nonprofit research organization.

§ 1862s–8. Innovation Corps

• (a) Congress makes the following findings:
  • (1) The National Science Foundation Innovation Corps (referred to in this section as the “I-Corps”) was established to foster a national innovation ecosystem by encouraging institutions, scientists, engineers, and entrepreneurs to identify and explore the innovation and commercial potential of National Science Foundation-funded research well beyond the laboratory.
  • (2) Through I-Corps, the Foundation invests in entrepreneurship and commercialization education, training, and mentoring that can ultimately lead to the practical deployment of technologies, products, processes, and services that improve the Nation’s competitiveness, promote economic growth, and benefit society.
  • (3) By building networks of entrepreneurs, educators, mentors, institutions, and collaborations, and supporting specialized education and training, I-Corps is at the leading edge of a strong, lasting foundation for an American innovation ecosystem.
  • (4) By translating federally funded research to a commercial stage more quickly and efficiently, programs like the I-Corps create new jobs and companies, help solve societal problems, and provide taxpayers with a greater return on their investment in research.
  • (5) The I-Corps program model has a strong record of success that should be replicated at all Federal science agencies.
• (b) It is the sense of Congress that—
  • (1) commercialization of federally funded research can improve the Nation’s competitiveness, grow the economy, and benefit society;
  • (2) I-Corps is a useful tool in promoting the commercialization of federally funded research by training researchers funded by the Foundation in entrepreneurship and commercialization;
  • (3) I-Corps should continue to build a network of entrepreneurs, educators, mentors, and institutions and support specialized education and training;
  • (4) researchers other than those funded by the Foundation may also benefit from the education and training described in paragraph (3); and
  • (5) I-Corps should continue to promote a strong innovation system by investing in and supporting female entrepreneurs through mentorship, education, and training because they are historically underrepresented in entrepreneurial fields.
• (c)
  • (1) In order to promote a strong, lasting foundation for the national innovation ecosystem and increase the positive economic and social impact of federally funded research, the Director of the Foundation shall set forth eligibility requirements and carry out a program to award grants for entrepreneurship and commercialization education, training, and mentoring.
  • (2)
    • (A) The Director—
      • (i) shall encourage the development and expansion of I-Corps and other training programs that focus on professional development, including education in entrepreneurship and commercialization; and
      • (ii) may establish an agreement with another Federal science agency—
        • (I) to make researchers, students, and institutions funded by that agency eligible to participate in the I-Corps program; or
        • (II) to assist that agency with the design and implementation of its own program that is similar to the I-Corps program.
    • (B) In negotiating an agreement with another Federal science agency under subparagraph (A)(ii), the Director shall require that Federal science agency to provide funding for—
      • (i) the training for researchers, students, and institutions selected for the I-Corps program; and
      • (ii) the locations that Federal science agency designates as regional and national infrastructure for science and engineering entrepreneurship.
  • (3)
    • (A) Subject to subparagraph (B), the Director, in consultation with the Director of the Small Business Innovation Research Program, shall make funds available for competitive grants, including to I-Corps participants, to help support—
      • (i) prototype or proof-of-concept development; and
      • (ii) such activities as the Director considers necessary to build local, regional, and national infrastructure for science and engineering entrepreneurship.
    • (B) Grants under subparagraph (A) shall be limited to participants with innovations that because of the early stage of development are not eligible to participate in a Small Business Innovation Research Program or a Small Business Technology Transfer Program.
  • (4) The Director may engage in partnerships with State and local governments, economic development organizations, and nonprofit organizations to provide access to the I-Corps program to support entrepreneurship education and training for researchers, students, and institutions under this subsection.
  • (5) The Director shall submit to the appropriate committees of Congress a biennial report on I-Corps program efficacy, including metrics on the effectiveness of the program. Each Federal science agency participating in the I-Corps program or that implements a similar program under paragraph (2)(A) shall contribute to the report.
  • (6) In this subsection, the terms “Small Business Innovation Research Program” and “Small Business Technology Transfer Program” have the meanings given those terms in section 638 of title 15 .

§ 1862s–9. Translational research grants

• (a) It is the sense of Congress that—
  • (1) commercialization of federally funded research may benefit society and the economy; and
  • (2) not-for-profit organizations support the commercialization of federally funded research by providing useful business and technical expertise to researchers.
• (b) The Director of the Foundation shall continue to award grants on a competitive, merit-reviewed basis to eligible entities to promote the commercialization of federally funded research results.
• (c) Activities supported by grants under this section may include—
  • (1) identifying Foundation-sponsored research and technologies that have the potential for accelerated commercialization;
  • (2) supporting prior or current Foundation-sponsored investigators, institutions of higher education, and non-profit organizations that partner with an institution of higher education in undertaking proof-of-concept work, including development of prototypes of technologies that are derived from Foundation-sponsored research and have potential market value;
  • (3) promoting sustainable partnerships between Foundation-funded institutions, industry, and other organizations within academia and the private sector with the purpose of accelerating the transfer of technology;
  • (4) developing multi-disciplinary innovation ecosystems which involve and are responsive to specific needs of academia and industry; and
  • (5) providing professional development, mentoring, and advice in entrepreneurship, project management, and technology and business development to innovators.
• (d)
  • (1) The following organizations may be eligible for grants under this section:
    • (A) Institutions of higher education.
    • (B) Public or nonprofit technology transfer organizations.
    • (C) A nonprofit organization that partners with an institution of higher education.
    • (D) A consortia of 2 or more of the organizations described under subparagraphs (A) through (C).
  • (2) Any eligible organization under paragraph (1) may apply as a lead organization.
• (e) An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require.

§ 1862p–10. Academic technology transfer and commercialization of university research

• (a) Any institution of higher education (as such term is defined in section 1001(a) 1 1 See References in Text note below. of title 20) that receives National Science Foundation research support and has received at least $25,000,000 in total Federal research grants in the most recent fiscal year shall keep, maintain, and report annually to the National Science Foundation the universal record locator for a public website that contains information concerning its general approach to and mechanisms for transfer of technology and the commercialization of research results, including—
  • (1) contact information for individuals and university offices responsible for technology transfer and commercialization;
  • (2) information for both university researchers and industry on the institution’s technology licensing and commercialization strategies;
  • (3) success stories, statistics, and examples of how the university supports commercialization of research results;
  • (4) technologies available for licensing by the university where appropriate; and
  • (5) any other information deemed by the institution to be helpful to companies with the potential to commercialize university inventions.
• (b) The National Science Foundation shall create and maintain a website accessible to the public that links to each website mentioned under (a).
• (c) Notwithstanding subsection (a), an institution shall not be required to reveal confidential, trade secret, or proprietary information on its website.

§ 1862p–11. NSF grants in support of sponsored post-doctoral fellowship programs

The Director of the National Science Foundation may utilize funds appropriated to carry out grants to institutions of higher education (as such term is defined in section 1001(a) of title 20 ) to provide financial support for post-graduate research in fields with potential commercial applications to match, in whole or in part, any private sector grant of financial assistance to any post-doctoral program in such a field of study.

§ 1862p–12. Cloud computing research enhancement

• (a) The Director may support a national research agenda in key areas affected by the increased use of public and private cloud computing, including—
  • (1) new approaches, techniques, technologies, and tools for—
    • (A) optimizing the effectiveness and efficiency of cloud computing environments; and
    • (B) mitigating security, identity, privacy, reliability, and manageability risks in cloud-based environments, including as they differ from traditional data centers;
  • (2) new algorithms and technologies to define, assess, and establish large-scale, trustworthy, cloud-based infrastructures;
  • (3) models and advanced technologies to measure, assess, report, and understand the performance, reliability, energy consumption, and other characteristics of complex cloud environments; and
  • (4) advanced security technologies to protect sensitive or proprietary information in global-scale cloud environments.
• (b)
  • (1) Not later than 60 days after January 4, 2011 , the Director shall initiate a review and assessment of cloud computing research opportunities and challenges, including research areas listed in subsection (a), as well as related issues such as—
    • (A) the management and assurance of data that are the subject of Federal laws and regulations in cloud computing environments, which laws and regulations exist on January 4, 2011 ;
    • (B) misappropriation of cloud services, piracy through cloud technologies, and other threats to the integrity of cloud services;
    • (C) areas of advanced technology needed to enable trusted communications, processing, and storage; and
    • (D) other areas of focus determined appropriate by the Director.
  • (2) The Director may accept unsolicited proposals that review and assess the issues described in paragraph (1). The proposals may be judged according to existing criteria of the National Science Foundation.
• (c) The Director shall provide an annual report for not less than 5 consecutive years to Congress on the outcomes of National Science Foundation investments in cloud computing research, recommendations for research focus and program improvements, or other related recommendations. The reports, including any interim findings or recommendations, shall be made publicly available on the website of the National Science Foundation.
• (d) The Director of the National Institute of Standards and Technology shall—
  • (1) collaborate with industry in the development of standards supporting trusted cloud computing infrastructures, metrics, interoperability, and assurance; and
  • (2) support standards development with the intent of supporting common goals.

§ 1862p–13. Tribal colleges and universities program

• (a) The Director shall continue to support a program to award grants on a competitive, merit-reviewed basis to tribal colleges and universities (as defined in section 1059c of title 20 , including institutions described in section 1059d of title 20 ), to enhance the quality of undergraduate STEM education at such institutions and to increase the retention and graduation rates of Native American students pursuing associate’s or baccalaureate degrees in STEM.
• (b) Grants awarded under this section shall support—
  • (1) activities to improve courses and curriculum in STEM;
  • (2) faculty development;
  • (3) stipends for undergraduate students participating in research; and
  • (4) other activities consistent with subsection (a), as determined by the Director.
• (c) Funding provided under this section may be used for laboratory equipment and materials.

§ 1862p–14. Broader Impacts Review Criterion

• (a) The Foundation shall apply a broader impacts review criterion to identify and demonstrate project support of the following goals:
  • (1) Increasing the economic competitiveness of the United States.
  • (2) Advancing of the health and welfare of the American public.
  • (3) Supporting the national defense of the United States.
  • (4) Enhancing partnerships between academia and industry in the United States.
  • (5) Developing an American STEM workforce that is globally competitive through improved pre-kindergarten through grade 12 STEM education and teacher development, and improved undergraduate STEM education and instruction.
  • (6) Improving public scientific literacy and engagement with science and technology in the United States.
  • (7) Expanding participation of women and individuals from underrepresented groups in STEM.
• (b) Not later than 6 months after January 4, 2011 , the Director shall develop and implement a policy for the Broader Impacts Review Criterion that—
  • (1) provides for educating professional staff at the Foundation, merit review panels, and applicants for Foundation research grants on the policy developed under this subsection;
  • (2) clarifies that the activities of grant recipients undertaken to satisfy the Broader Impacts Review Criterion shall—
    • (A) to the extent practicable employ proven strategies and models and draw on existing programs and activities; and
    • (B) when novel approaches are justified, build on the most current research results;
  • (3) allows for some portion of funds allocated to broader impacts under a research grant to be used for assessment and evaluation of the broader impacts activity;
  • (4) encourages institutions of higher education and other nonprofit education or research organizations to develop and provide, either as individual institutions or in partnerships thereof, appropriate training and programs to assist Foundation-funded principal investigators at their institutions in achieving the goals of the Broader Impacts Review Criterion as described in subsection (a); and
  • (5) requires principal investigators applying for Foundation research grants to provide evidence of institutional support for the portion of the investigator’s proposal designed to satisfy the Broader Impacts Review Criterion, including evidence of relevant training, programs, and other institutional resources available to the investigator from either their home institution or organization or another institution or organization with relevant expertise.

§ 1862p–15. Twenty-first century graduate education

• (a) The Director shall award grants, on a competitive, merit-reviewed basis, to institutions of higher education to implement or expand research-based reforms in master’s and doctoral level STEM education that emphasize preparation for diverse careers utilizing STEM degrees, including at diverse types of institutions of higher education, in industry, and at government agencies and research laboratories.
• (b) Activities supported by grants under this section may include—
  • (1) creation of multidisciplinary or interdisciplinary courses or programs for the purpose of improved student instruction and research in STEM;
  • (2) expansion of graduate STEM research opportunities to include interdisciplinary research opportunities and research opportunities in industry, at Federal laboratories, and at international research institutions or research sites;
  • (3) development and implementation of future faculty training programs focused on improved instruction, mentoring, assessment of student learning, and support of undergraduate STEM students;
  • (4) support and training for graduate students to participate in instructional activities beyond the traditional teaching assistantship, and especially as part of ongoing educational reform efforts, including at pre-K–12 schools, and primarily undergraduate institutions;
  • (5) creation, improvement, or expansion of innovative graduate programs such as science master’s degree programs;
  • (6) development and implementation of seminars, workshops, and other professional development activities that increase the ability of graduate students to engage in innovation, technology transfer, and entrepreneurship;
  • (7) development and implementation of seminars, workshops, and other professional development activities that increase the ability of graduate students to effectively communicate their research findings to technical audiences outside of their own discipline and to nontechnical audiences;
  • (8) expansion of successful STEM reform efforts beyond a single academic unit to other STEM academic units within an institution or to comparable academic units at other institutions; and
  • (9) research on teaching and learning of STEM at the graduate level related to the proposed reform effort, including assessment and evaluation of the proposed reform activities and research on scalability and sustainability of approaches to reform.
• (c) An institution of higher education may partner with one or more other nonprofit education or research organizations, including scientific and engineering societies, for the purposes of carrying out the activities authorized under this section.
• (d)
  • (1) An institution of higher education seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum—
    • (A) a description of the proposed reform effort;
    • (B) in the case of applications that propose an expansion of a previously implemented reform effort at the applicant’s institution or at other institutions, a description of the previously implemented reform effort;
    • (C) evidence of institutional support for, and commitment to, the proposed reform effort, including long-term commitment to implement successful strategies from the current reform effort beyond the academic unit or units included in the grant proposal or to disseminate successful strategies to other institutions; and
    • (D) a description of the plans for assessment and evaluation of the grant proposed reform activities.
  • (2) In selecting grant recipients under this section, the Director shall consider at a minimum—
    • (A) the likelihood of success in undertaking the proposed effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units;
    • (B) the degree to which the proposed reform will contribute to change in institutional culture and policy such that a greater value is placed on preparing graduate students for diverse careers utilizing STEM degrees;
    • (C) the likelihood that the institution will sustain or expand the reform beyond the period of the grant; and
    • (D) the degree to which scholarly assessment and evaluation plans are included in the design of the reform effort.

§ 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.

§ 1862. Functions

• (a) The Foundation is authorized and directed—
  • (1) to initiate and support basic scientific research and programs to strengthen scientific research potential and science education programs at all levels in the mathematical, physical, medical, biological, social, and other sciences, and to initiate and support research fundamental to the engineering process and programs to strengthen engineering research potential and engineering education programs at all levels in the various fields of engineering, by making contracts or other arrangements (including grants, loans, and other forms of assistance) to support such scientific, engineering, and educational activities and to appraise the impact of research upon industrial development and upon the general welfare;
  • (2) to award, as provided in section 1869 of this title , scholarships and graduate fellowships for study and research in the sciences or in engineering;
  • (3) to foster the interchange of scientific and engineering information among scientists and engineers in the United States and foreign countries;
  • (4) to foster and support the development and use of computer and other scientific and engineering methods and technologies, primarily for research and education in the sciences and engineering;
  • (5) to evaluate the status and needs of the various sciences and fields of engineering as evidenced by programs, projects, and studies undertaken by agencies of the Federal Government, by individuals, and by public and private research groups, employing by grant or contract such consulting services as it may deem necessary for the purpose of such evaluations; and to take into consideration the results of such evaluations in correlating the research and educational programs undertaken or supported by the Foundation with programs, projects, and studies undertaken by agencies of the Federal Government, by individuals, and by public and private research groups;
  • (6) to provide a central clearinghouse for the collection, interpretation, and analysis of data on scientific and engineering resources and to provide a source of information for policy formulation by other agencies of the Federal Government;
  • (7) to initiate and maintain a program for the determination of the total amount of money for scientific and engineering research, including money allocated for the construction of the facilities wherein such research is conducted, received by each educational institution and appropriate nonprofit organization in the United States, by grant, contract, or other arrangement from agencies of the Federal Government, and to report annually thereon to the President and the Congress; and
  • (8) to take a leading role in fostering and supporting research and education activities to improve the security of networked information systems.
• (b) The Foundation is authorized to initiate and support specific scientific and engineering activities in connection with matters relating to international cooperation, national security, and the effects of scientific and engineering applications upon society by making contracts or other arrangements (including grants, loans, and other forms of assistance) for the conduct of such activities. When initiated or supported pursuant to requests made by any other Federal department or agency, including the Office of Technology Assessment, such activities shall be financed whenever feasible from funds transferred to the Foundation by the requesting official as provided in section 1873(f) of this title , and any such activities shall be unclassified and shall be identified by the Foundation as being undertaken at the request of the appropriate official.
• (c) In addition to the authority contained in subsections (a) and (b), the Foundation is authorized to initiate and support scientific and engineering research, including applied research, at academic and other nonprofit institutions. When so directed by the President, the Foundation is further authorized to support, through other appropriate organizations, applied scientific research and engineering research relevant to national problems involving the public interest. In exercising the authority contained in this subsection, the Foundation may employ by grant or contract such consulting services as it deems necessary, and shall coordinate and correlate its activities with respect to any such problem with other agencies of the Federal Government undertaking similar programs in that field.
• (d) The Board and the Director shall recommend and encourage the pursuit of national policies for the promotion of research and education in science and engineering.
• (e) In exercising the authority and discharging the functions referred to in the foregoing subsections, it shall be an objective of the Foundation to strengthen research and education in the sciences and engineering, including independent research by individuals, throughout the United States, and to avoid undue concentration of such research and education.
• (f) The Foundation shall render an annual report to the President for submission on or before the 15th day of April of each year to the Congress summarizing the activities of the Foundation and making such recommendations as it may deem appropriate. Such report shall include information as to the acquisition and disposition by the Foundation of any patents and patent rights.
• (g) In carrying out subsection (a)(4), the Foundation is authorized to foster and support access by the research and education communities to computer networks which may be used substantially for purposes in addition to research and education in the sciences and engineering, if the additional uses will tend to increase the overall capabilities of the networks to support such research and education activities.

§ 1862a. Findings and purpose

• (a) The Congress finds that—
  • (1) the fundamental research and related education program supported by the Federal Government and conducted by the Nation’s universities and colleges are essential to our national security, and to our health, economic welfare, and general well-being;
  • (2) many national research and related education programs conducted by universities and colleges are now hindered by obsolete research buildings and equipment, and many institutions lack sufficient resources to repair, renovate, or replace their laboratories;
  • (3) the Nation’s capacity to conduct high quality research and education programs and to maintain its competitive position at the forefront of modern science, engineering, and technology is threatened by this research capital deficit, which poses serious and adverse consequences to our future national security, health, welfare, and ability to compete in the international marketplace;
  • (4) a national effort to spur reinvestment in research facilities is needed, and national, State, and local policies and cooperative programs are required that will yield maximum return on the investment of scarce national resources and sustain a commitment to excellence in research and education; and
  • (5) the Foundation, as part of its responsibility for maintaining the vitality of the Nation’s academic research, and in partnership with the States, industry, and universities and colleges, must assist in enhancing the historic linkages between Federal investment in academic research and training and investment in the research capital base by reinvesting in the capital facilities which modern research and education programs require.
• (b) It is the purpose of sections 1862a to 1862d of this title to assist in modernizing and revitalizing the Nation’s research facilities at institutions of higher education, independent non-profit research institutions and research museums, and consortia thereof, through capital investment.

§ 1862b. Establishment of Program

• (a)
  • (1) To carry out sections 1862a to 1862d of this title, the Director shall establish and carry out a new Academic Research Facilities Modernization Program (hereafter in sections 1862a to 1862d of this title referred to as the “Program”), under which awards are made to institutions of higher education, independent nonprofit research institutions, and research museums, and consortia thereof, for the repair, renovation, or, in exceptional cases, replacement of obsolete science and engineering facilities primarily devoted to research.
  • (2) Such awards shall, consistent with the functions of the Foundation set forth in section 1862 of this title and through established Foundation selection procedures, serve to—
    • (A) promote the modernization of graduate academic science and engineering research laboratories and related facilities so as to facilitate and support research in the scientific and engineering disciplines;
    • (B) assist those academic institutions that historically have received relatively little Federal research and development funds to improve their academic science and engineering infrastructures and broaden and strengthen the Nation’s science and engineering base; and
    • (C) promote the modernization of undergraduate academic science and engineering research laboratories and related facilities so as to facilitate and support research in the scientific and engineering disciplines.
• (b)
  • (1) The Program shall be carried out through projects which involve the repair, renovation, or, in exceptional cases, replacement of specific science and engineering facilities devoted primarily to research at eligible institutions, or consortia thereof, and for which funds are awarded in response to specific proposals submitted by such eligible institutions or consortia in accordance with procedures prescribed by the Director pursuant to section 1862c of this title .
  • (2) Awards made under the Program shall not exceed $7,000,000 to any institution or consortium over any period of 5 years for the repair, renovation, or, in exceptional cases, replacement of academic research facilities.
  • (3) The Director shall, in making awards under the Program, consider the extent to which that institution or consortium has received funds for the repair, renovation, construction, or replacement of academic facilities from any other Federal funding source within the 5-year period immediately preceding the application. The Director shall give priority to institutions or consortia that have not received such funds in the preceding 5 years.
  • (4) The Director shall, in awarding funds under sections 1862a to 1862d of this title, consider the distribution of funds among institutions of different sizes and geographical locations.
• (c) Criteria for the award of funds to any institution for a project under the Program shall include—
  • (1) the quality of the research and training to be carried out in the facility or facilities involved;
  • (2) the need for the proposed repair, renovation, or, in exceptional cases, replacement based on an analysis of the age and condition of existing research facilities and equipment;
  • (3) the congruence of the institution’s research and training activities with the future research needs of the Nation and the research mission of the Foundation;
  • (4) the contribution that the project will make toward meeting national, regional, and institutional research and related training needs;
  • (5) in the case of an institution that historically has received relatively little Federal research and development funding, the contribution the proposed project will make to improving the institution’s academic scientific and engineering infrastructure and broadening the Nation’s science and engineering base; and
  • (6) the impact of the award on the overall geographic distribution of awards made under the Program, with the objective of avoiding undue concentration of awards.

§ 1862c. Procedures, guidelines, and planning activities

• (a)
  • (1) The Director shall, consistent with the objectives of the Program and the criteria set forth in section 1862b(c) of this title , set forth procedures for the Program.
  • (2) The procedures so prescribed shall contain such terms, conditions, and guidelines as may be necessary in the light of Program objectives, but shall in any event provide that—
    • (A) funds to carry out the Program will be awarded only on the basis of merit after a comprehensive review using established Foundation procedures;
    • (B) the membership of merit review panels that assess proposals will be broadly representative of eligible institutions, including research universities and predominantly undergraduate and minority institutions;
    • (C) the institution receiving an award shall provide at least 50 percent of the cost, in cash or in kind, fairly evaluated, of the repair, renovation, or replacement involved and shall provide this contribution from private or non-Federal public sources, except that the Director may accept a match of less than 50 percent, but at least 30 percent, for institutions which are not ranked among the top 100 of the institutions receiving Federal research and development funding, as documented in the latest annual report of the Foundation entitled “Federal Support to Universities, Colleges, and Selected Nonprofit Institutions”; and
    • (D) to the extent practicable, eligible institutions of a given type will compete against similar institutions for Program awards.
• (b) The Director shall conduct comprehensive planning activities, including surveys of research facility needs and other information-gathering activities, necessary to implement the Program and to develop the procedures called for under subsection (a) of this section.
• (c) Prior to the issuance of the comprehensive plan required by subsection (d) of this section, and consistent with the Program criteria set forth in section 1862b(c) of this title , the Director shall publish in the Federal Register proposed Program guidelines for public review for a comment period of 30 days. Such guidelines shall provide detailed information on eligibility, criteria, terms, and conditions and shall include, but not be limited to—
  • (1) definitions for the terms “institutions of higher education”, “private non-profit research organizations”, “research museums”, “consortia”, “facilities”, “facilities primarily devoted to research”, “instrumentation”, “equipment”, “repair”, “renovation”, and “replacement”;
  • (2) selection criteria to be used by the Foundation in evaluating proposals from institutions and consortia thereof, including criteria for evaluating scientific merit and for evaluating the age and condition of existing research facilities; and
  • (3) requirements for matching a Program award with contributions from non-Federal sources.
• (d) The Director, after gathering appropriate information and after considering comments on the proposed Program guidelines published in the Federal Register pursuant to subsection (c) of this section, shall develop a comprehensive plan for the Program that—
  • (1) defines the appropriate roles and responsibilities of the Federal Government, institutions of higher education, State governments, private foundations, and other appropriate organizations;
  • (2) states what procedures will be used to ensure that predominantly undergraduate institutions and colleges and universities that historically have received little Federal research and development funding will receive substantial percentages of the funds awarded under sections 1862a to 1862d of this title;
  • (3) states the estimated percentage of Program funds available for each category of eligible institutions, including predominantly undergraduate institutions and colleges and universities that historically have received little Federal research and development funding as well as research universities; and
  • (4) evaluates and addresses, to the maximum extent possible, a variety of factors which include—
    • (A) the unique circumstances and research facilities needs of research universities, undergraduate institutions, and other institutions whose enrollment includes substantial percentages of minorities underrepresented in science and engineering research;
    • (B) innovative approaches in the management of the Program that address both short-term and long-term aspects of the renovation, repair, and replacement of academic research facilities;
    • (C) programmatic approaches that recognize and support excellence, strengthen scientific and engineering research potential and, to the maximum extent possible and consistent with the purposes of this Act, assure an equitable distribution of resources with respect to institutions and geographical areas; and
    • (D) any recommendations necessary to improve the Program and further meet the purposes of sections 1862a to 1862d of this title.
• (e) The Director shall prepare and submit, not later than June 15, 1989 , a report containing the comprehensive plan required by subsection (d) of this section to the Committee on Labor and Human Resources and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.
• (f) Final guidelines shall be published in the Federal Register not later than 45 days after the submission of the report required under subsection (e).
• (g) The Director shall, from amounts available to the Foundation under section 101(b) of this Act for fiscal year 1989, make available an amount, not to exceed $1,000,000, to carry out the provisions of this section. None of the funds authorized to be appropriated in section 101 of this Act may be used for grant or contract awards under the Program prior to completion and submission to Congress of the comprehensive plan required by subsection (d) of this section.
• (h) In conducting the activities under the Program, the Director shall consult with the Secretary of Education and the heads of other related agencies.

§ 1862d. Set-aside for certain institutions

Of the amounts appropriated to the Foundation for the Program, as authorized under section 101 of this Act, in each fiscal year, at least 12 percent shall be reserved for historically Black colleges or universities defined as “part B institutions” by section 1061(2) of title 20 and other institutions of higher education whose enrollment includes a substantial percentage of students who are Black Americans, Hispanic Americans, or Native Americans.

§ 1862e. Evaluations of research centers

In carrying out performance reviews of research centers by the Foundation, the Director shall take such action as may be necessary, consistent with the merit review process of the Foundation, to ensure that—

• (1) members of review panels are free from any conflict of interest; and
• (2) the conditions of each award to such centers have been fulfilled.

§ 1862f. Research center consortia

In Foundation programs making grants to research centers, the Director shall encourage the formation of consortia that include research universities, two-year and four-year colleges, and the private sector.

§ 1862g. Established Program to Stimulate Competitive Research

• (a) The Director shall operate a program to stimulate competitive research (known as the “Established Program to Stimulate Competitive Research”), the purpose of which is to assist those States that—
  • (1) historically have received relatively little Federal research and development funding; and
  • (2) have demonstrated a commitment to develop their research bases and improve science and engineering research and education programs at their universities and colleges.
• (b) A State which has received an initial award under such Program, whether or not the award was received before or after October 31, 1988 , shall be eligible for up to 5 years of additional support under the Program if that State provides assurances of new matching funds and submits an acceptable new plan for using Program funds and matching funds to build the research capabilities of the State.

§ 1862h. Congressional statement of findings and declaration of purposes respecting scientific and technical education and training

• (a) The Congress finds that—
  • (1) the position of the United States in the world economy faces great challenges from highly trained foreign competition;
  • (2) the workforce of the United States must be better prepared for the technologically advanced, competitive, global economy;
  • (3) the improvement of our work force’s productivity and our international economic position depend upon the strengthening of our educational efforts in science, mathematics, and technology, especially at the associate-degree level;
  • (4) shortages of scientifically and technically trained workers in a wide variety of fields will best be addressed by collaboration among the Nation’s associate-degree-granting colleges and private industry to produce skilled, advanced technicians; and
  • (5) the National Science Foundation’s traditional role in developing model curricula, disseminating instructional materials, enhancing faculty development, and stimulating partnerships between educational institutions and industry, makes an enlarged role for the Foundation in scientific and technical education and training particularly appropriate.
• (b) It is the purpose of sections 1862h to 1862j of this title to—
  • (1) improve science and technical education at associate-degree-granting colleges;
  • (2) improve secondary school and postsecondary curricula in mathematics and science;
  • (3) improve the educational opportunities of postsecondary students by creating comprehensive articulation agreements and planning between 2-year and 4-year institutions; and
  • (4) promote outreach to secondary schools to improve mathematics and science instruction.

§ 1862i. Scientific and technical education

• (a) The Director of the National Science Foundation (hereafter in sections 1862h to 1862j of this title referred to as the “Director”) shall award grants to associate-degree-granting colleges, and consortia thereof, to assist them in providing education in advanced-technology fields, and to improve the quality of their core education courses in science and mathematics. The grant program shall place emphasis on the needs of students who have been in the workforce (including work in the home), and shall be designed to strengthen and expand the scientific and technical education and training capabilities of associate-degree-granting colleges through such methods as—
  • (1) the development of model instructional programs in advanced-technology fields and in core science and mathematics courses;
  • (2) the professional development of faculty and instructors, both full- and part-time, who provide instruction in science, mathematics, and advanced-technology fields;
  • (3) the establishment of innovative partnership arrangements that—
    • (A) involve associate-degree-granting colleges and other appropriate public and private sector entities;
    • (B) provide for private sector donations, faculty opportunities to have short-term assignments with industry, sharing of program costs, equipment loans, and the cooperative use of laboratories, plants, and other facilities, and provision for state-of-the-art work experience opportunities for students enrolled in such programs; and
    • (C) encourage participation of individuals identified in section 1885a or 1885b of this title;
  • (4) the acquisition of state-of-the-art instrumentation essential to programs designed to prepare and upgrade students in scientific and advanced-technology fields; and
  • (5) the development and dissemination of instructional materials in support of improving the advanced scientific and technical education and training capabilities of associate-degree-granting colleges, including programs for students who are not pursuing a science degree.
• (b) The Director shall award grants for the establishment of centers of excellence, not to exceed 10 in number, among associate-degree-granting colleges. Centers shall meet one or both of the following criteria:
  • (1) Exceptional instructional programs in advanced-technology fields.
  • (2) Excellence in undergraduate education in mathematics and science.
• (c)
  • (1)
    • (A) The Director shall make grants to eligible partnerships to encourage students to pursue bachelor degrees in mathematics, science, engineering, or technology, and to assist students pursuing bachelor degrees in mathematics, science, engineering, or technology to make the transition from associate-degree-granting colleges to bachelor-degree-granting institutions, through such means as—
      • (i) examining curricula to ensure that academic credit earned at the associate-degree-granting college is transferable to bachelor-degree-granting institutions;
      • (ii) informing teachers from the associate-degree-granting college on the specific requirements of courses at the bachelor-degree-granting institution; and
      • (iii) providing summer educational programs for students from the associate-degree-granting college to encourage such students’ subsequent matriculation at bachelor-degree-granting institutions.
    • (B) Each eligible partnership receiving a grant under this paragraph shall, at a minimum—
      • (i) counsel students, including students who have been in the workforce (including work in the home), about the requirements and course offerings of the bachelor-degree-granting institution;
      • (ii) conduct workshops and orientation sessions to ensure that students are familiar with programs, including laboratories and financial aid programs, at the bachelor-degree-granting institution;
      • (iii) provide students with research experiences at bachelor’s-degree-granting institutions participating in the partnership, including stipend support for students participating in summer programs; and
      • (iv) provide faculty mentors for students participating in activities under clause (iii), including summer salary support for faculty mentors.
    • (C) Any institution participating in a partnership that receives a grant under this paragraph shall be ineligible to receive assistance under part B of title I of the Higher Education Act of 1965 [ 20 U.S.C. 1011 et seq.] for the duration of the grant received under this paragraph.
  • (2) The Director shall make grants to associate-degree-granting colleges with outstanding mathematics and science programs to strengthen relationships with secondary schools in the community served by the college by improving mathematics and science education and encouraging the interest and aptitude of secondary school students for careers in science and advanced-technology fields through such means as developing agreements with local educational agencies to enable students to satisfy entrance and course requirements at the associate-degree-granting college.
  • (3) The Director shall—
    • (A) establish a program to encourage and make grants available to institutions of higher education that award associate degrees to recruit and train individuals from the fields of science, technology, engineering, and mathematics to mentor students who are described in section 1885a or 1885b of this title in order to assist those students in identifying, qualifying for, and entering higher-paying technical jobs in those fields; and
    • (B) make grants available to associate-degree-granting colleges to carry out the program identified in subsection 1 1 So in original. Probably should be “subparagraph”. (A).
• (d)
  • (1) The Director shall award grants to junior or community colleges to develop or improve associate degree or certificate programs in STEM fields, with respect to the region in which the respective college is located, and an in-demand industry sector or occupation.
  • (2) In considering applications for grants under paragraph (1), the Director shall prioritize—
    • (A) applications that consist of a partnership between the applying junior or community college and individual employers or an employer consortia, 2 2 So in original. or industry or sector partnerships, and may include a university or other organization with demonstrated expertise in academic program development;
    • (B) applications that demonstrate current and future workforce demand in occupations directly related to the proposed associate degree or certificate program;
    • (C) applications that include commitments by the partnering employers or employer consortia, or industry or sector partnerships, to offer apprenticeships, internships, or other applied learning opportunities to students enrolled in the proposed associate degree or certificate program;
    • (D) applications that include outreach plans and goals for recruiting and enrolling women and other underrepresented populations in STEM fields in the proposed associate degree or certificate program; and
    • (E) applications that describe how the applying junior or community college will support the collection of information and data for purposes of evaluation of the proposed associate degree or certificate program.
• (e)
  • (1) The Director shall award grants to institutions of higher education partnering with private sector employers or private sector employer consortia, or industry or sector partnerships, that commit to offering apprenticeships, internships, research opportunities, or applied learning experiences to enrolled students in identified STEM baccalaureate degree programs.
  • (2) Awards under this subsection may be used—
    • (A) to develop curricula and programs for apprenticeship, internships, research opportunities, or applied learning experiences; or
    • (B) to provide matching funds to incentivize partnership and participation by private sector employers and industry.
  • (3) In considering applications for grants under paragraph (1), the Director shall prioritize—
    • (A) applicants that consist of a partnership between—
      • (i) the applying institution of higher education; and
      • (ii) individual employers or an employer consortia, 2 or industry or sector partnerships;
    • (B) applications that demonstrate current and future workforce demand in occupations directly related to the identified STEM fields;
    • (C) applications that include outreach plans and goals for recruiting and enrolling women and other underrepresented populations in STEM fields; and
    • (D) applications that describe how the institution of higher education will support the collection and information of data for purposes of the evaluation of identified STEM degree programs.
• (f)
  • (1) The Director of the National Science Foundation shall award competitive grants to institutions of higher education or nonprofit organizations to conduct research on student outcomes and determine best practices for STEM education and technical skills education through distance learning or in a simulated work environment.
  • (2) The research areas eligible for funding under this subsection may include—
    • (A) post-secondary courses for technical skills development for STEM occupations;
    • (B) improving high-school level career and technical education in STEM subjects;
    • (C) encouraging and sustaining interest and achievement levels in STEM subjects among women and other populations historically underrepresented in STEM studies and careers; and
    • (D) combining computer-based and online STEM education and skills development with traditional mentoring and other mentoring arrangements, apprenticeships, internships, and other applied learning opportunities.
• (g) In carrying out this section, the Director shall consult, cooperate, and coordinate, to enhance program effectiveness and to avoid duplication, with the programs and policies of other relevant Federal agencies. In carrying out subsection (c), the Director shall coordinate activities with programs receiving assistance under part B of title I of the Higher Education Act of 1965 [ 20 U.S.C. 1011 et seq.].
• (h)
  • (1) The Director shall allocate out of amounts made available for the Education and Human Resources Directorate—
    • (A) up to $5,000,000 to carry out the activities under subsection (d) for each of fiscal years 2019 through 2022, subject to the availability of appropriations;
    • (B) up to $2,500,000 to carry out the activities under subsection (e) for each of fiscal years 2019 through 2022, subject to the availability of appropriations; and
    • (C) up to $2,500,000 to carry out the activities under subsection (f) for each of fiscal years 2019 through 2022, subject to the availability of appropriations.
  • (2) Amounts made available to carry out subsections (d), (e), and (f) shall be derived from amounts appropriated or otherwise made available to the National Science Foundation.
  • (3) To qualify for a grant under this section, an associate-degree-granting college, or consortium thereof, shall provide assurances adequate to the Director that it will not decrease its level of spending of funds from non-Federal sources on advanced scientific and technical education and training programs.
• (i) In carrying out sections 1862h to 1862j of this title, the Director shall—
  • (1) award grants on a competitive, merit basis;
  • (2) ensure an equitable geographic distribution of grant awards;
  • (3) ensure that an applicant for a grant awarded under subsection (a), (b), or (c)(1) will make an in-cash or in-kind contribution in an amount equal to at least 25 percent of the cost of the program, and for a grant awarded under subsection (c)(2) will make an in-cash or in-kind contribution in an amount at least equal to the amount of the grant award;
  • (4) establish and maintain a readily accessible inventory of the programs assisted under sections 1862h to 1862j of this title; and
  • (5) designate an officer of the National Science Foundation to serve as a liaison with associate-degree-granting institutions for the purpose of enhancing the role of such institutions in the activities of the Foundation.
• (j) As used in this section—
  • (1) the term “advanced-technology” includes advanced technical activities such as the modernization, miniaturization, integration, and computerization of electronic, hydraulic, pneumatic, laser, nuclear, chemical, telecommunication, fiber optic, robotic, and other technological applications to enhance productivity improvements in manufacturing, communication, transportation, commercial, and similar economic and national security activities;
  • (2) the term “associate-degree-granting college” means an institution of higher education (as determined under section 101 of the Higher Education Act of 1965 [ 20 U.S.C. 1001 ]) that—
    • (A) is a nonprofit institution that offers a 2-year associate-degree program or a 2-year certificate program; or
    • (B) is a proprietary institution that offers a 2-year associate-degree program;
  • (3) the term “bachelor-degree-granting institution” means an institution of higher education (as determined under section 101 of the Higher Education Act of 1965 [ 20 U.S.C. 1001 ]) that offers a baccalaureate degree program;
  • (4) the term “eligible partnership” means one or more associate-degree-granting colleges in partnership with one or more separate bachelor-degree-granting institutions;
  • (5) the term “in-demand industry sector or occupation” has the meaning given the term in section 3102 of title 29 ;
  • (6) the term “junior or community college” has the meaning given the term in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 );
  • (7) the term “local educational agency” has the meaning given such term in section 2891(12) 3 3 See References in Text note below. of title 20. 4 4 So in original. The period probably should be a semicolon.
  • (8) the term “region” means a labor market area, as that term is defined in section 3102 of title 29 ; and
  • (9) the terms “mathematics, science, engineering, or technology” or “STEM” mean science, technology, engineering, and mathematics, including computer science.

§ 1862j. Authorization of appropriations

There are authorized to be appropriated, from sums otherwise authorized to be appropriated, to the Director for carrying out sections 1862h to 1862j of this title—

• (1) $35,000,000 for fiscal year 1992; and
• (2) $35,000,000 for fiscal year 1993.

§ 1862k. Findings; core strategies

• (a) Congress finds the following:
  • (1) The United States depends upon its scientific and technological capabilities to preserve the military and economic security of the United States.
  • (2) America’s leadership in the global marketplace is dependent upon a strong commitment to education, basic research, and development.
  • (3) A nation that is not technologically literate cannot compete in the emerging global economy.
  • (4) A coordinated commitment to mathematics and science instruction at all levels of education is a necessary component of successful efforts to produce technologically literate citizens.
  • (5) Professional development is a necessary component of efforts to produce system-wide improvements in mathematics, engineering, and science education in secondary, elementary, and postsecondary settings.
  • (6)
    • (A) The mission of the National Science Foundation is to provide Federal support for basic scientific and engineering research, and to be a primary contributor to mathematics, science, and engineering education at academic institutions in the United States.
    • (B) In accordance with such mission, the long-term goals of the National Science Foundation include providing leadership to—
      • (i) enable the United States to maintain a position of world leadership in all aspects of science, mathematics, engineering, and technology;
      • (ii) promote the discovery, integration, dissemination, and application of new knowledge in service to society; and
      • (iii) achieve excellence in United States science, mathematics, engineering, and technology education at all levels.
• (b) In carrying out activities designed to achieve the goals described in subsection (a), the Foundation shall use the following core strategies:
  • (1) Develop intellectual capital, both people and ideas, with particular emphasis on groups and regions that traditionally have not participated fully in science, mathematics, and engineering.
  • (2) Strengthen the scientific infrastructure by investing in facilities planning and modernization, instrument acquisition, instrument design and development, and shared-use research platforms.
  • (3) Integrate research and education through activities that emphasize and strengthen the natural connections between learning and inquiry.
  • (4) Promote partnerships with industry, elementary and secondary schools, community colleges, colleges and universities, other agencies, State and local governments, and other institutions involved in science, mathematics, and engineering to enhance the delivery of math and science education and improve the technological literacy of the citizens of the United States.

§ 1862l. National research facilities

• (a)
  • (1) The Director shall prepare, and include as part of the Foundation’s annual budget request to Congress, a plan for the proposed construction of, and repair and upgrades to, national research facilities, including full life-cycle cost information.
  • (2) The plan shall include—
    • (A) estimates of the costs for the construction, repairs, and upgrades described in paragraph (1), including costs for instrumentation development;
    • (B) estimates of the costs for the operation and maintenance of existing and proposed new facilities;
    • (C) in the case of proposed new construction and for major upgrades to existing facilities, funding profiles, by fiscal year, and milestones for major phases of the construction;
    • (D) for each project funded under the major research equipment and facilities construction account and for major upgrades of facilities in support of Antarctic research programs—
      • (i) estimates of the total project cost (from planning to commissioning); and
      • (ii) the source of funds, including Federal funding identified by appropriations category and non-Federal funding;
    • (E) estimates of the full life-cycle cost of each national research facility;
    • (F) information on any plans to retire national research facilities; and
    • (G) estimates of funding levels for grants supporting research that will be conducted using each national research facility.
  • (3) The plan shall include cost estimates in the categories of construction, repair, and upgrades—
    • (A) for the year in which the plan is submitted to Congress; and
    • (B) for not fewer than the succeeding 4 years.
• (b) The plan required under subsection (a) shall include a status report for each uncompleted construction project included in current and previous plans. The status report shall include data on cumulative construction costs by project compared with estimated costs, and shall compare the current and original schedules for achievement of milestones for the major phases of the construction.

§ 1862m. Financial disclosure

Persons temporarily employed by or at the Foundation shall be subject to the same financial disclosure requirements and related sanctions under the Ethics in Government Act of 1978 (5 U.S.C. App.) as are permanent employees of the Foundation in equivalent positions.

§ 1862n. Mathematics and science education partnerships

• (a)
  • (1)
    • (A) The Director shall carry out a program to award grants to institutions of higher education or eligible nonprofit organizations (or consortia of such institutions or organizations) to establish mathematics and science education partnership programs to improve elementary and secondary mathematics and science instruction.
    • (B) Grants shall be awarded under this subsection on a competitive, merit-reviewed basis.
  • (2)
    • (A) In order to be eligible to receive a grant under this subsection, an institution of higher education or eligible nonprofit organization (or consortium of such institutions or organizations) shall enter into a partnership with one or more local educational agencies that may also include the department, college, or program of education at an institution of higher education, a State educational agency, or one or more businesses.
    • (B) A participating institution of higher education shall include mathematics, science, or engineering departments in the programs carried out through a partnership under this paragraph.
  • (3) Grants awarded under this subsection shall be used for activities that draw upon the expertise of the partners to improve elementary or secondary education in mathematics or science and that are consistent with State mathematics and science student academic achievement standards, including—
    • (A) recruiting and preparing students for careers in elementary or secondary mathematics or science education;
    • (B) offering professional development programs, including—
      • (i) teacher institutes for the 21st century, as described in paragraph (10); and
      • (ii) academic year institutes or workshops that—
        • (I) are designed to strengthen the capabilities of mathematics and science teachers; and
        • (II) may include professional development activities to prepare mathematics and science teachers to teach challenging mathematics, science, and technology college-preparatory courses;
    • (C) offering innovative preservice and inservice programs that instruct teachers on using technology and laboratory experiences more effectively in teaching mathematics and science, including programs that recruit and train undergraduate and graduate students to provide technical and laboratory support to teachers;
    • (D) developing distance learning programs for teachers or students, including developing courses, curricular materials, and other resources for the in-service professional development of teachers that are made available to teachers through the Internet;
    • (E) developing a cadre of master teachers who will promote reform and improvement in schools;
    • (F) offering teacher preparation and certification programs for professional mathematicians, scientists, and engineers who wish to begin a career in teaching;
    • (G) developing tools to evaluate activities conducted under this subsection;
    • (H) developing or adapting elementary school and secondary school mathematics and science curricular materials that incorporate contemporary research on the science of learning;
    • (I) developing initiatives to increase and sustain the number, quality, and diversity of prekindergarten through grade 12 teachers of mathematics and science, including the use of induction programs, as defined in section 9813(h) 1 1 See References in Text note below. of title 20, for teachers in their first 2 years of teaching, especially in underserved areas;
    • (J) using mathematicians, scientists, and engineers employed by private businesses to help recruit and train mathematics and science teachers;
    • (K) developing science, technology, engineering, and mathematics educational programs and materials and conducting science, technology, engineering, and mathematics enrichment programs for students, including after-school programs and summer programs, with an emphasis on including and serving students described in subsection (b)(2)(G);
    • (L) providing research opportunities in business or academia for students and teachers;
    • (M) bringing mathematicians, scientists, and engineers from business and academia into elementary school and secondary school classrooms; and
    • (N) any other activities the Director determines will accomplish the goals of this subsection.
  • (4) Activities carried out in accordance with paragraph (3)(E) shall—
    • (A) emphasize the training of master teachers who will improve the instruction of mathematics or science in kindergarten through grade 12;
    • (B) include training in both content and pedagogy; and
    • (C) provide training only to teachers who will be granted sufficient nonclassroom time to serve as master teachers, as demonstrated by assurances their employing school has provided to the Director, in such time and such manner as the Director may require.
  • (5) Activities carried out in accordance with paragraph (3)(K) and (L) shall include elementary school and secondary school programs to encourage the ongoing interest of girls in science, mathematics, engineering, and technology and to prepare girls to pursue undergraduate and graduate degrees and careers in science, mathematics, engineering, or technology. Funds made available through awards to partnerships for the purposes of this paragraph may support programs for—
    • (A) encouraging girls to pursue studies in science, mathematics, engineering, and technology and to major in such fields in postsecondary education;
    • (B) tutoring girls in science, mathematics, engineering, and technology;
    • (C) providing mentors for girls in person and through the Internet to support such girls in pursuing studies in science, mathematics, engineering, and technology;
    • (D) educating the parents of girls about the difficulties faced by girls to maintain an interest and desire to achieve in science, mathematics, engineering, and technology, and enlisting the help of parents in overcoming these difficulties; and
    • (E) acquainting girls with careers in science, mathematics, engineering, and technology and encouraging girls to plan for careers in such fields.
  • (6) Activities carried out in accordance with paragraph (3)(K) may include support for research projects performed by students at secondary schools. Uses of funds made available through awards to partnerships for purposes of this paragraph may include—
    • (A) training secondary school mathematics and science teachers in the design of research projects for students;
    • (B) establishing a system for students and teachers involved in research projects funded under this subsection to exchange information about their projects and research results; and
    • (C) assessing the educational value of the student research projects by such means as tracking the academic performance and choice of academic majors of students conducting research.
  • (7) Grants awarded under this subsection may be used to provide stipends for teachers or students participating in training or research activities that would not be part of their typical classroom activities.
  • (8) Partnerships carrying out activities to prepare mathematics and science teachers to teach challenging mathematics, science, and technology college-preparatory courses in accordance with paragraph (3)(B) shall encourage companies employing scientists, technologists, engineers, or mathematicians to provide mentors to teachers and students and provide for the coordination of such mentoring activities.
  • (9) Activities carried out in accordance with paragraph (3)(H) may include the development and dissemination of curriculum tools that will help foster inventiveness and innovation.
  • (10)
    • (A) Teacher institutes for the 21st century carried out in accordance with paragraph (3)(B) shall—
      • (i) be carried out in conjunction with a school served by the local educational agency in the partnership;
      • (ii) be science, technology, engineering, and mathematics focused institutes that provide professional development to elementary school and secondary school teachers;
      • (iii) serve teachers who—
        • (I) are considered highly qualified (as defined in section 9101 1 of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 7801 ]);
        • (II) teach high-need subjects in science, technology, engineering, or mathematics; and
        • (III) teach in high-need schools (as described in section 1114(a)(1)(A) 1 );
      • (iv) focus on the priorities developed by the Director in consultation with a broad group of relevant educational organizations;
      • (v) be content-based and build on school year curricula that are experiment-oriented, content-based, and grounded in current research;
      • (vi) ensure that the pedagogy component is designed around specific strategies that are relevant to teaching the subject and content on which teachers are being trained, which may include training teachers in the essential components of reading instruction for adolescents in order to improve student reading skills within the subject areas of science, technology, engineering, and mathematics;
      • (vii) be a multiyear program that is conducted for a period of not less than 2 weeks per year;
      • (viii) provide for direct interaction between participants in and faculty of the teacher institute;
      • (ix) have a component that includes the use of the Internet;
      • (x) provide for followup training in the classroom during the academic year for a period of not less than 3 days, which may or may not be consecutive, for participants in the teacher institute, except that for teachers in rural local educational agencies, the followup training may be provided through the Internet;
      • (xi) provide teachers participating in the teacher institute with travel expense reimbursement and classroom materials related to the teacher institute, and may include providing stipends as necessary; and
      • (xii) establish a mechanism to provide supplemental support during the academic year for teacher institute participants to apply the knowledge and skills gained at the teacher institute.
    • (B) In addition to the partnership requirement under paragraph (2), an institution of higher education or eligible nonprofit organization (or consortium) desiring a grant for a teacher institute for the 21st century may also partner with a teacher organization, museum, or educational partnership organization.
• (b)
  • (1) An institution of higher education or an eligible nonprofit organization (or a consortium of such institutions or organizations) seeking funding under subsection (a) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum—
    • (A) a description of the partnership and the role that each member will play in implementing the proposal;
    • (B) a description of each of the activities to be carried out, including—
      • (i) how such activities will be aligned with State mathematics and science student academic achievement standards and with other activities that promote student achievement in mathematics and science;
      • (ii) how such activities will be based on a review of relevant research;
      • (iii) why such activities are expected to improve student performance and strengthen the quality of mathematics and science instruction; and
      • (iv) any activities that will encourage the interest of individuals identified in section 1885a or 1885b of this title in mathematics, science, engineering, and technology and will help prepare such individuals to pursue postsecondary studies in these fields;
    • (C) a description of the number, size, and nature of any stipends that will be provided to students or teachers and the reasons such stipends are needed;
    • (D) a description of how the partnership will serve as a catalyst for reform of mathematics and science education programs;
    • (E) a description of how the partnership will assess its success;
    • (F) a description of how the partnership will collaborate with the State educational agency to ensure that successful partnership activities may be replicated throughout the State; and
    • (G) a description of the manner in which the partnership will be continued after assistance under this section ends.
  • (2) In evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum—
    • (A) the ability of the partnership to carry out effectively the proposed programs;
    • (B) the extent to which the members of the partnership are committed to making the partnership a central organizational focus;
    • (C) the degree to which activities carried out by the partnership are based on relevant research and are likely to result in increased student achievement;
    • (D) the degree to which such activities are aligned with State mathematics and science student academic achievement standards;
    • (E) the extent to which the evaluation described in paragraph (1)(E) will be independent and based on objective measures;
    • (F) the likelihood that the partnership will demonstrate activities that can be widely implemented as part of larger scale reform efforts; and
    • (G) the extent to which the activities will encourage the interest of individuals identified in section 1885a or 1885b of this title in mathematics, science, engineering, and technology and will help prepare such individuals to pursue postsecondary studies in these fields.
  • (3) In awarding grants under this section, the Director shall—
    • (A) give priority to applications in which the partnership includes a high-need local educational agency or a high-need local educational agency in which at least one school does not make adequate yearly progress, as determined pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq.); and
    • (B) ensure that, to the extent practicable, a substantial number of the partnerships funded under this section include businesses.
• (c)
  • (1) The Director shall evaluate the program established under subsection (a). At a minimum, such evaluation shall—
    • (A) use a common set of benchmarks and assessment tools to identify best practices and materials developed and demonstrated by the partnerships; and
    • (B) to the extent practicable, compare the effectiveness of practices and materials developed and demonstrated by the partnerships authorized under this section with those of partnerships funded by other State or Federal agencies.
  • (2) Not later than 4 years after August 9, 2007 , the Director shall transmit a report summarizing the evaluations required under subsection (b)(1)(E) of grants received under this program and describing any changes to the program recommended as a result of these evaluations to the Committee on Science and Technology and the Committee on Education and Labor of the House of Representatives and to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate. Such report shall be made widely available to the public.
  • (3) The Director, in consultation with the Secretary of Education, shall convene an annual meeting of the partnerships participating under this section to foster greater national collaboration.
  • (4) At the request of an eligible partnership or a State educational agency, the Director shall provide the partnership or agency with technical assistance in meeting any requirements of this section, including providing advice from experts on how to develop—
    • (A) a quality application for a grant; and
    • (B) quality activities from funds received from a grant under this section.
• (d) In this section—
  • (1) the term “mathematics and science teacher” means a science, technology, engineering, or mathematics teacher at the elementary school or secondary school level; and
  • (2) the term “science”, in the context of elementary and secondary education, includes technology and pre-engineering.

§ 1862o. Postdoctoral research fellows

• (a) The Director shall require that all grant applications that include funding to support postdoctoral researchers include a description of the mentoring activities that will be provided for such individuals, and shall ensure that this part of the application is evaluated under the Foundation’s broader impacts merit review criterion. Mentoring activities may include career counseling, training in preparing grant applications, guidance on ways to improve teaching skills, and training in research ethics.
• (b) The Director shall require that annual reports and the final report for research grants that include funding to support postdoctoral researchers include a description of the mentoring activities provided to such researchers.

§ 1862p. National Center for Science and Engineering Statistics

• (a) There is established within the Foundation a National Center for Science and Engineering Statistics that shall serve as a central Federal clearinghouse for the collection, interpretation, analysis, and dissemination of objective data on science, engineering, technology, and research and development.
• (b) In carrying out subsection (a) of this section, the Director, acting through the Center shall—
  • (1) collect, acquire, analyze, report, and disseminate statistical data related to the science and engineering enterprise in the United States and other nations that is relevant and useful to practitioners, researchers, policymakers, and the public, including statistical data on—
    • (A) research and development trends;
    • (B) the science and engineering workforce;
    • (C) United States competitiveness in science, engineering, technology, and research and development; and
    • (D) the condition and progress of United States STEM education;
  • (2) support research using the data it collects, and on methodologies in areas related to the work of the Center; and
  • (3) support the education and training of researchers in the use of large-scale, nationally representative data sets.
• (c) The Director or the National Science Board, acting through the Center, shall issue regular, and as necessary, special statistical reports on topics related to the national and international science and engineering enterprise such as the biennial report required by section 1863(j)(1) of this title on indicators of the state of science and engineering in the United States.

§ 1862q. Informal STEM education

• (a) The Director of the National Science Foundation, through the Directorate for Education and Human Resources, shall continue to award competitive, merit-reviewed grants to support—
  • (1) research and development of innovative out-of-school STEM learning and emerging STEM learning environments in order to improve STEM learning outcomes and engagement in STEM;
  • (2) research that advances the field of informal STEM education; and
  • (3) a national partnership of institutions involved in informal STEM learning.
• (b) Activities supported by grants under this section may encompass a single STEM discipline, multiple STEM disciplines, or integrative STEM initiatives and shall include—
  • (1) research and development that improves our understanding of learning and engagement in informal environments, including the role of informal environments in broadening participation in STEM;
  • (2) design and testing of innovative STEM learning models, programs, and other resources for informal learning environments to improve STEM learning outcomes and increase engagement for K–12 students, K–12 teachers, and the general public, including design and testing of the scalability of models, programs, and other resources;
  • (3) fostering on-going partnerships between institutions involved in informal STEM learning, institutions of higher education, and education research centers; and
  • (4) developing, and making available informal STEM education activities and educational materials.

§ 1862r. Research in disabilities education

• (a) Nothing in this section and section 1862r–1 of this title alters the National Science Foundation’s Research in Disabilities Education program for fundamental and implementation research about learners (of all ages) with disabilities, including dyslexia, in science, technology, engineering, and mathematics (STEM). The National Science Foundation shall continue to encourage efforts to understand and address disability-based differences in STEM education and workforce participation, including differences for dyslexic learners.
• (b) The Director of the National Science Foundation shall include the amount requested for the Research in Disabilities Education program in the Foundation’s annual congressional budget justification.

§ 1862s. Reaffirmation of merit-based peer review

• (a) It is the sense of Congress that—
  • (1) sustained, predictable Federal funding of basic research is essential to United States leadership in science and technology;
  • (2) the Foundation’s intellectual merit and broader impacts criteria are appropriate for evaluating grant proposals, as concluded by the 2011 National Science Board Task Force on Merit Review;
  • (3) evaluating proposals on the basis of the Foundation’s intellectual merit and broader impacts criteria should be used to assure that the Foundation’s activities are in the national interest as these reviews can affirm that—
    • (A) the proposals funded by the Foundation are of high quality and advance scientific knowledge; and
    • (B) the Foundation’s grants address societal needs through basic research findings or through related activities; and
  • (4) as evidenced by the Foundation’s contributions to scientific advancement, economic growth, human health, and national security, its peer review and merit review processes have identified and funded scientifically and societally relevant basic research and should be preserved.
• (b) The Foundation shall maintain the intellectual merit and broader impacts criteria, among other specific criteria as appropriate, as the basis for evaluating grant proposals in the merit review process.
• (c) If after January 6, 2017 , a change is made to the merit-review process, the Director shall submit a report to the appropriate committees of Congress not later than 30 days after the date of the change.

§ 1862t. Supporting veterans in STEM education and computer science

• (a) The Director shall, through the research and education activities of the Foundation, encourage veterans to study and pursue careers in STEM and computer science, in coordination with other Federal agencies that serve veterans.
• (b) Not later than 180 days after February 11, 2020 , the Director shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for how the Foundation can enhance its outreach efforts to veterans. Such plan shall—
  • (1) report on the Foundation’s existing outreach activities;
  • (2) identify the best method for the Foundation to leverage existing authorities and programs to facilitate and support veterans in STEM careers and studies, including teaching programs; and
  • (3) include options for how the Foundation could track veteran participation in research and education programs of the Foundation, and describe any barriers to collecting such information.
• (c) The National Science Board shall provide in its annual report on indicators of the state of science and engineering in the United States any available and relevant data on veterans in science and engineering careers or education programs.
• (d)
• (h)
  • (1) The Director of the Office of Science and Technology Policy shall establish, or designate, an interagency working group to improve veteran and military spouse equity and representation in STEM fields.
  • (2) An interagency working group established under paragraph (1) shall develop and facilitate the implementation by participating agencies of a strategic plan, which shall—
    • (A) specify and prioritize short- and long-term objectives;
    • (B) specify the common metrics that will be used by Federal agencies to assess progress toward achieving such objectives;
    • (C) identify barriers veterans face in reentering the workforce, including a lack of formal STEM education, career guidance, and the process of transferring military credits and skills to college credits;
    • (D) identify barriers military spouses face in establishing careers in STEM fields;
    • (E) describe the approaches that each participating agency will take to address administratively the barriers described in subparagraphs (C) and (D); and
    • (F) identify any barriers that require Federal or State legislative or regulatory changes in order to be addressed.
  • (3) The Director of the Office of Science and Technology Policy shall—
    • (A) not later than 1 year after February 11, 2020 , submit to Congress the strategic plan required under paragraph (2); and
    • (B) include in the annual report required by section 6621(d) of this title a description of any progress made in carrying out the activities described in paragraph (2) of this subsection.
  • (4) An interagency working group established under paragraph (1) shall terminate on the date that is 3 years after the date that it is established.

§ 1863. National Science Board

• (a) The Board shall consist of twenty-four members to be appointed by the President 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) 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) 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) 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) 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. The Board shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the confirmed members of the Board.
• (f) 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) The Board may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of professional staff members, technical and professional personnel on leave of absence from academic, industrial, or research institutions for a limited term, and such operations and support staff members as may be necessary. Such staff shall be appointed by the Chairman and assigned at the direction of the Board. The professional members and limited term technical and professional personnel 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 such title relating to classification, and shall be compensated at a rate not exceeding the maximum rate payable under section 5376 of such title, 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. Section 1873(a)(3) of this title shall apply to each limited term appointment of technical and professional personnel under this subsection. 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) 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) 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)
  • (1) The Board shall render to the President and 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 and the Congress reports on specific, individual policy matters within the authority of the Foundation (or otherwise as requested by the Congress or the President) 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) 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) 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.

§ 1864. Director of Foundation

• (a) The Director of the Foundation (referred to in this chapter 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 receive basic pay at the rate provided for level II of the Executive Schedule under section 5313 of title 5 , and shall serve for a term of six years unless sooner removed by the President.
• (b) Except as otherwise specifically provided in this chapter (1) the Director shall exercise all of the authority granted to the Foundation by this chapter (including any powers and functions which may be delegated to him by the Board), and (2) all actions taken by the Director pursuant to the provisions of this chapter (or pursuant to the terms of a delegation from the Board) shall be final and binding upon the Foundation.
• (c) The Director may from time to time make such provisions as he deems appropriate authorizing the performance by any other officer, agency, or employee of the Foundation of any of his functions under this chapter, including functions delegated to him by the Board; except that the Director may not redelegate policymaking functions delegated to him by the Board.
• (d) The formulation of programs in conformance with the policies of the Foundation shall be carried out by the Director in consultation with the Board.
• (e)
  • (1) The Director may make grants, contracts, and other arrangements pursuant to section 1870(c) of this title only with the prior approval of the Board or under authority delegated by the Board, and subject to such conditions as the Board may specify.
  • (2) Any delegation of authority or imposition of conditions under paragraph (1) shall be promptly published in the Federal Register and reported to the Committee on Labor and Human Resources, and the Committee on Commerce, Science, and Transportation, of the Senate and the Committee on Science of the House of Representatives.
• (f) The Director, in his capacity as ex officio member of the Board, shall, except with respect to compensation and tenure, be coordinate with the 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.

§ 1864a. Deputy Director of the Foundation

There shall be a Deputy Director of the Foundation (referred to in this chapter as the “Deputy Director”), who shall be appointed by the President, by and with the advice and consent of the Senate. Before any person is appointed as Deputy Director, the President shall afford the Board and the Director an opportunity to make recommendations to him with respect to such appointment. The Deputy Director shall receive basic pay at the rate provided for level III of the Executive Schedule under section 5314 of title 5 , and shall perform such duties and exercise such powers as the Director may prescribe. The Deputy Director shall act for, and exercise the powers of, the Director during the absence or disability of the Director or in the event of a vacancy in the office of Director.

§ 1865. Executive Committee

• (a) There shall be an Executive Committee of the Board (referred to in this chapter as the “Executive Committee”), which shall be composed of five members and shall exercise such powers and functions as may be delegated to it by the Board. Four of the members shall be elected as provided in subsection (b), and the Director ex officio shall be the fifth member and the chairman of the Executive Committee.
• (b) At each of its annual meetings 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, other than the Director, who has been a member of the Executive Committee 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) 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.
• (d) The Executive Committee shall render an annual report to the Board, and such other reports as it may deem necessary, summarizing its activities and making such recommendations as it may deem appropriate. Minority views and recommendations, if any, of members of the Executive Committee shall be included in such reports.

§ 1866. Divisions within Foundation

There shall be within the Foundation such Divisions as the Director, in consultation with the Board, may from time to time determine.

§ 1868. Special commissions

• (a) Each special commission established under section 1863(h) of this title shall be appointed by the Board and shall consist of such members as the Board considers appropriate.
• (b) Special commissions may be established to study and make recommendations to the Foundation on issues relating to research and education in science and engineering.

§ 1869. Scholarships and graduate fellowships

• (a) The Foundation is authorized to award scholarships and graduate fellowships for study and research in the sciences or in engineering at appropriate nonprofit American or nonprofit foreign institutions selected by the recipient of such aid, for stated periods of time. Persons shall be selected for such scholarships and fellowships from among citizens, nationals or lawfully admitted permanent resident aliens of the United States, and such selections shall be made solely on the basis of ability; but in any case in which two or more applicants for scholarships or fellowships, as the case may be, are deemed by the Foundation to be possessed of substantially equal ability, and there are not sufficient scholarships or fellowships, as the case may be, available to grant one to each of such applicants, the available scholarship or scholarships or fellowship or fellowships shall be awarded to the applicants in such manner as will tend to result in a wide distribution of scholarships and fellowships throughout the United States. Nothing contained in this chapter shall prohibit the Foundation from refusing or revoking a scholarship or fellowship award, in whole or in part, in the case of any applicant or recipient, if the Board is of the opinion that such award is not in the best interests of the United States.
• (b) The Director shall establish for each year the amount to be awarded for scholarships and fellowships under this section for that year. Each such scholarship and fellowship shall include a cost of education allowance of $12,000, subject to any restrictions on the use of cost of education allowance as determined by the Director.

§ 1869a. Contracts for precollege science or engineering curriculum development activities; inspection of materials by parent or guardian

After August 9, 1975 , the Director of the National Science Foundation, shall require, as a condition of any award made by the National Science Foundation for the purpose of precollege science or engineering curriculum development activities, that the awardee, and any subcontractors involved in the distribution, marketing, or selling of such science or engineering curricula, shall include in any testing agreement, sales contract, or other comparable legal instrument a provision requiring that all instructional materials, including teacher’s manuals, films, tapes, or other supplementary instructional materials developed or provided under such award, subcontract, or other legal instrument, will be made available within the school district using such materials for inspection by parents or guardians of children engaged in educational programs or projects of that school district. In addition, the Director of the National Science Foundation shall take such action as may be necessary and feasible to modify awards made for the purpose of precollege science or engineering curriculum development and implementation activities on or before August 9, 1975 , to include such a provision in all possible cases.

§ 1869b. Issuance of instructions to grantees of pre-college curriculum projects

The National Science Foundation is directed to issue instructions to grantees for pre-college curriculum projects covering the protection of pre-college students and procedures for involving such students in pre-college education research and development, pilot-testing, evaluation, and revision of experimental and innovative pre-college curriculum projects funded by the Foundation. These instructions shall require such grantees to obtain written approval of the school board or comparable authority responsible for the schools prior to the involvement of such students.

§ 1869c. Low-income scholarship program

• (1) The Director of the National Science Foundation (referred to in this section as the “Director”) shall award scholarships to low-income individuals to enable such individuals to pursue associate, undergraduate, or graduate level degrees in mathematics, engineering, or computer science.
• (2)
  • (A) To be eligible to receive a scholarship under this section, an individual—
    • (i) must be a citizen of the United States, a national of the United States (as defined in section 1101(a) of title 8 ), an alien admitted as a refugee under section 1157 of title 8 , or an alien lawfully admitted to the United States for permanent residence;
    • (ii) shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require; and
    • (iii) shall certify to the Director that the individual intends to use amounts received under the scholarship to enroll or continue enrollment at an institution of higher education (as defined in section 1001(a) of title 20 ) in order to pursue an associate, undergraduate, or graduate level degree in mathematics, engineering, computer science, or other technology and science programs designated by the Director.
  • (B) Awards of scholarships under this section shall be made by the Director solely on the basis of the ability of the applicant, except that in any case in which 2 or more applicants for scholarships are deemed by the Director to be possessed of substantially equal ability, and there are not sufficient scholarships available to grant one to each of such applicants, the available scholarship or scholarships shall be awarded to the applicants in a manner that will tend to result in a geographically wide distribution throughout the United States of recipients’ places of permanent residence.
• (3) The amount of a scholarship awarded under this section shall be determined by the Director, except that the Director shall not award a scholarship in an amount exceeding $10,000 per year. The Director may renew scholarships for up to 4 years.
• (4) The Director shall carry out this section only with funds made available under section 1356(s)(3) of title 8 . The Director may use no more than 50 percent of such funds for undergraduate programs for curriculum development, professional and workforce development, and to advance technological education. Funds for these other programs may be used for purposes other than scholarships.
• (5) Not later than 60 days after December 8, 2004 , the Director shall publish in the Federal Register a list of eligible programs of study.

§ 1870. General authority of Foundation

The Foundation shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this chapter, including, but without being limited thereto, the authority—

• (a) to prescribe such rules and regulations as it deems necessary governing the manner of its operations and its organization and personnel;
• (b) to make such expenditures as may be necessary for administering the provisions of this chapter;
• (c) to enter into contracts or other arrangements, or modifications thereof, for the carrying on, by organizations or individuals in the United States and foreign countries, including other government agencies of the United States and of foreign countries, of such scientific or engineering activities as the Foundation deems necessary to carry out the purposes of this chapter, and, at the request of the Secretary of State or Secretary of Defense, specific scientific or engineering activities in connection with matters relating to international cooperation or national security, and, when deemed appropriate by the Foundation, such contracts or other arrangements, or modifications thereof may be entered into without legal consideration, without performance or other bonds, and without regard to section 6101 of title 41 ;
• (d) to make advance, progress, and other payments which relate to scientific or engineering activities without regard to the provisions of section 3324(a) and (b) of title 31;
• (e) to acquire by purchase, lease, loan, gift, or condemnation, and to hold and dispose of by grant, sale, lease, or loan, real and personal property of all kinds necessary for, or resulting from, the exercise of authority granted by this chapter;
• (f) to receive and use funds donated by others, if such funds are donated without restriction other than that they be used in furtherance of one or more of the general purposes of the Foundation, except that funds may be donated for specific prize competitions for “basic research” as defined in the Office of Management and Budget Circular No. A–11;
• (g) to publish or arrange for the publication of scientific and engineering information so as to further the full dissemination of information of scientific or engineering value consistent with the national interest, without regard to the provisions of section 501 of title 44 ;
• (h) to accept and utilize the services of voluntary and uncompensated personnel and to provide transportation and subsistence as authorized by section 5703 of title 5 for persons serving without compensation;
• (i) to prescribe, with the approval of the Comptroller General of the United States, the extent to which vouchers for funds expended under contracts for scientific or engineering research shall be subject to itemization or substantiation prior to payment, without regard to the limitations of other laws relating to the expenditure of public funds and accounting therefor;
• (j) to arrange with and reimburse the heads of other Federal agencies for the performance of any activity which the Foundation is authorized to conduct; and
• (k) during the 5-year period beginning on August 21, 1986 , to indemnify grantees, contractors, and subcontractors associated with the Ocean Drilling Program under the provisions of section 2354 of title 10 with all approvals and certifications required by such indemnification made by the Director.

§ 1870a. Buy-American requirements

• (a) The Director shall, to the maximum extent practicable and consistent with current law, award to domestic firms any contracts for the purchase of goods and services intended for direct use by the Foundation.
• (b) The Director shall, as soon as possible after October 31, 1988 , prepare a report on—
  • (1) the number of Foundation contracts entered into with foreign firms in fiscal year 1988;
  • (2) the number of such contracts entered into with domestic firms in that fiscal year;
  • (3) the number of contracts entered into with foreign firms where the Foundation also received a technically acceptable bid from a domestic firm; and
  • (4) any steps the Foundation will take to increase the number of contracts awarded to domestic firms.
• (c) For the purposes of this section—
  • (1) the term “domestic firm” means a business entity which is organized under the laws of the United States or the laws of a State, district, commonwealth, territory, or possession of the United States, and which conducts business operations in the United States; and
  • (2) the term “foreign firm” means a business entity not described in paragraph (1).

§ 1871. Disposition of inventions produced under contracts or other arrangements

Each contract or other arrangement executed pursuant to this chapter which relates to scientific or engineering research shall contain provisions governing the disposition of inventions produced thereunder in a manner calculated to protect the public interest and the equities of the individual or organization with which the contract or other arrangement is executed: Provided, however , That nothing in this chapter shall be construed to authorize the Foundation to enter into any contractual or other arrangement inconsistent with any provision of law affecting the issuance or use of patents.

§ 1872. International cooperation and coordination with foreign policy

• (a) The Foundation is authorized to cooperate in any international scientific or engineering activities consistent with the purposes of this chapter and to expend for such international scientific or engineering activities such sums within the limit of appropriated funds as the Foundation may deem desirable. The Director may defray the expenses of representatives of Government agencies and other organizations and of individual scientists or engineers to accredited international scientific or engineering congresses and meetings whenever he deem 1 1 So in original. Probably should be “deems”. it necessary in the promotion of the objectives of this chapter. In this connection, with the approval of the Secretary of State, the Foundation may undertake programs granting fellowships to, or making other similar arrangements with, foreign nationals for study and research in the sciences or in engineering in the United States without regard to section 1869 of this title or the affidavit of allegiance to the United States required by section 1874(d)(2) 2 2 See References in Text note below. of this title.
• (b)
  • (1) The authority to enter into contracts or other arrangements with organizations or individuals in foreign countries and with agencies of foreign countries, as provided in section 1870(c) of this title , and the authority to cooperate in international scientific or engineering activities as provided in subsection (a) of this section, shall be exercised only with the approval of the Secretary of State, to the end that such authority shall be exercised in such manner as is consistent with the foreign policy objectives of the United States.
  • (2) If, in the exercise of the authority referred to in paragraph (1) of this subsection, negotiation with foreign countries or agencies thereof becomes necessary, such negotiation shall be carried on by the Secretary of State in consultation with the Director.

§ 1873. Employment of personnel

• (a)
  • (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 1 See References in Text note below. 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.
  • (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) The Foundation shall not, itself, operate any laboratories or pilot plants.
• (c) 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) 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) 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) 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) 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) 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)
  • (1)
    • (A) Information supplied to the Foundation or a contractor of the Foundation in survey forms, questionnaires, or similar instruments for purposes of section 1862(a)(5) or (6) of this title by an individual, an industrial or commercial organization, or an educational, academic, or other nonprofit institution when the institution has received a pledge of confidentiality from the Foundation, shall not be disclosed to the public unless the information has been transformed into statistical or abstract formats that do not allow for the identification of the supplier.
    • (B) Information that has not been transformed into formats described in subparagraph (A) may be used only for statistical or research purposes.
    • (C) The identities of individuals, organizations, and institutions supplying information described in subparagraph (A) may not be disclosed to the public.
  • (2) In support of functions authorized by section 1862(a)(5) or (6) of this title, the Foundation may designate, at its discretion, authorized persons, including employees of Federal, State, or local agencies or instrumentalities (including local educational agencies) and employees of private organizations, to have access, for statistical or research purposes only, to information collected pursuant to section 1862(a)(5) or (6) of this title that allows for the identification of the supplier. No such person may—
    • (A) publish information collected pursuant to section 1862(a)(5) or (6) of this title in such a manner that either an individual, an industrial or commercial organization, or an educational, academic, or other nonprofit institution that has received a pledge of confidentiality from the Foundation can be specifically identified;
    • (B) permit anyone other than individuals authorized by the Foundation to examine data that allows for such identification relating to an individual, an industrial or commercial organization, or an academic, educational, or other nonprofit institution that has received a pledge of confidentiality from the Foundation; or
    • (C) knowingly and willfully request or obtain any nondisclosable information described in paragraph (1) from the Foundation under false pretenses.
  • (3) Violation of this subsection is punishable by a fine of not more than $10,000, imprisonment for not more than 5 years, or both.

§ 1874. Security provisions

• (a) 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)
  • (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.

§ 1875. Appropriations

To enable the Foundation to carry out its powers and duties, only such sums may be appropriated as the Congress may authorize by law.

§ 1880. National Medal of Science

There is established a National Medal of Science (hereinafter referred to as the “medal”), which shall be of such design and materials and bear such inscriptions as the President, on the basis of recommendations submitted by the National Science Foundation, may prescribe, and shall be awarded as provided in section 1881 of this title .

§ 1881. Award of National Medal of Science

• (a) The President shall from time to time award the medal, on the basis of recommendations received from the National Academy of Sciences or on the basis of such other information and evidence as he deems appropriate, to individuals who in his judgment are deserving of special recognition by reason of their outstanding contributions to knowledge in the physical, biological, mathematical, engineering, behavioral or social sciences.
• (b) Not more than twenty individuals may be awarded the medal in any one calendar year.
• (c) An individual may not be awarded the medal unless at the time such award is made he—
  • (1) is a citizen or other national of the United States; or
  • (2) is an alien lawfully admitted to the United States for permanent residence who (A) has filed an application for petition for naturalization in the manner prescribed by section 1445(b) of title 8 and (B) is not permanently ineligible to become a citizen of the United States.
• (d) The presentation of the award shall be made by the President with such ceremonies as he may deem proper, including attendance by appropriate Members of Congress.

§ 1881a. Alan T. Waterman Award

• (a) The National Science Foundation is authorized to establish the Alan T. Waterman Award for research or advanced study in the mathematical, physical, medical, biological, engineering, behavioral, social, or other sciences. The award authorized by this section shall consist of a suitable medal and a grant to support further research or study by the recipient. The National Science Board will periodically establish the amounts and terms of such grants under this section.
• (b) Awards under this section shall be made to recognize and encourage the work of younger scientists whose capabilities and accomplishments show exceptional promise of significant future achievement.
• (c) Not more than three awards may be made under this section in any one fiscal year.

§ 1881b. Presidential awards for teaching excellence

• (1)
  • (A) The President is authorized to make Presidential Awards for Excellence in Mathematics and Science Teaching to kindergarten through grade 12 school teachers of mathematics and science who have demonstrated outstanding teaching ability in the field of teaching mathematics or science.
  • (B) Each year the President is authorized to make no fewer than 108 awards under subparagraph (A). In selecting teachers for an award authorized by this subsection, the President shall select at least two teachers—
    • (i) from each of the several States;
    • (ii) from the District of Columbia;
    • (iii) from the Commonwealth of Puerto Rico;
    • (iv) from among the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and other commonwealths, territories, and possessions of the United States; and
    • (v) from schools established outside the several States and the District of Columbia by any agency of the Federal Government for dependents of the employees of such agency.
• (2) The President shall carry out this subsection, including the establishment of the selection procedures, after consultation with the Director and other appropriate officials of Federal agencies.
• (3)
  • (A) Funds to carry out this subsection for any fiscal year shall be made available from amounts appropriated pursuant to annual authorization of appropriations for the Foundation for Education and Human Resources.
  • (B) Amounts made available pursuant to subparagraph (A) shall be available for making awards under this subsection, for administrative expenses, for necessary travel by teachers selected under this subsection, and for special activities related to carrying out this subsection.

§ 1882. Information furnished to Congressional committees

Notwithstanding any other provision of this or any other Act, the Director of the National Science Foundation and the National Science Board shall keep the Committee on Labor and Human Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives fully and currently informed with respect to all of the activities of the National Science Foundation.

§ 1883. Office of Small Business Research and Development

The National Science Foundation is authorized and directed to establish an Office of Small Business Research and Development. The Foundation through the Office of Small Business Research and Development and in cooperation and consultation with the Small Business Administration shall—

• (1) foster communication between the National Science Foundation and the small business community, and insure that the set-aside for small business concerns provided under this Act or any other Act authorizing appropriations for the National Science Foundation is fully and effectively utilized;
• (2) collect, analyze, compile, and publish information concerning grants and contracts awarded to small business concerns by the Foundation, and the procedures for handling proposals submitted by small business concerns;
• (3) assist individual small business concerns in obtaining information regarding programs, policies, and procedures of the Foundation, and assure the expeditious processing of proposals by small business concerns based on scientific and technical merit; and
• (4) recommend to the Director and to the National Science Board such changes in the procedures and practices of the Foundation as may be required to enable the Foundation to draw fully on the resources of the small business research and development community.

§ 1885. Congressional statement of findings and declaration of policy respecting equal opportunities in science and engineering

• (a) The Congress finds that it is in the national interest to promote the full use of human resources in science and engineering and to insure the full development and use of the scientific and engineering talents and skills of men and women, equally, of all ethnic, racial, and economic backgrounds, including persons with disabilities.
• (b) The Congress declares it is the policy of the United States to encourage men and women, equally, of all ethnic, racial, and economic backgrounds, including persons with disabilities, to acquire skills in science, engineering, and mathematics, to have equal opportunity in education, training, and employment in scientific and engineering fields, and thereby to promote scientific and engineering literacy and the full use of the human resources of the Nation in science and engineering. To this end, the Congress declares that the highest quality science and engineering over the long-term requires substantial support, from currently available research and educational funds, for increased participation in science and engineering by women, minorities, and persons with disabilities. The Congress further declares that the impact on women, minorities, and persons with disabilities which is produced by advances in science and engineering must be included as essential factors in national and international science, engineering, and economic policies.

§ 1885a. Women in science and engineering; support of activities by Foundation for promotion, etc.

The Foundation is authorized to—

• (1) support activities designed to—
  • (A) increase the participation of women in courses of study at the undergraduate, graduate, and postgraduate levels leading to degrees in scientific and engineering fields;
  • (B) encourage women to consider and prepare for careers in science and engineering; or
  • (C) provide traineeship and fellowship opportunities for women in science and engineering;
• (2) support programs in science, engineering, and mathematics in elementary and secondary schools so as to stimulate the acquisition of knowledge, skills, and information by female students and to increase female student awareness of career opportunities requiring scientific and engineering skills;
• (3) support activities in continuing education in science and engineering which provide opportunities for women who—
  • (A) are in the work force, or
  • (B) who are not in the work force because their careers have been interrupted,
• (4) undertake a comprehensive research program designed to increase public understanding of (A) the potential contribution of women in science and engineering and (B) the means to facilitate the participation and advancement of women in scientific and engineering careers;
• (5) establish a visiting women scientists and engineers program;
• (6) support activities designed to improve the availability and quality of public information concerning the importance of the participation of women in careers in science and engineering;
• (7) support activities of museums and science centers which demonstrate potential to interest and involve women in science and engineering;
• (8) make grants, to be known as the National Research Opportunity Grants, to women scientists and engineers who (A) have received their doctorates within five years prior to the date of the award or (B) have received their doctorates, have had their careers interrupted, and are re-entering the work force within five years after such interruption;
• (9) make grants to women eligible under paragraph (8) to assist such women in planning and developing a research project eligible for support under such paragraph;
• (10) provide support to individuals or academic institutions for full-time or part-time visiting professorships for women in science and engineering;
• (11) support demonstration project activities of individuals, public agencies, and private entities designed to encourage the employment and advancement of women in science and engineering; and
• (12) encourage its entrepreneurial programs to recruit and support women to extend their focus beyond the laboratory and into the commercial world.

§ 1885b. Participation in science and engineering of minorities and persons with disabilities

• (a) The Foundation is authorized (1) to undertake or support a comprehensive science and engineering education program to increase the participation of minorities in science and engineering, and (2) to support activities to initiate research at minority institutions.
• (b) The Foundation is authorized to undertake or support programs and activities to encourage the participation of persons with disabilities in the science and engineering professions.

§ 1885c. Committee on Equal Opportunities in Science and Engineering

• (a) There is established within the Foundation a Committee on Equal Opportunities in Science and Engineering (hereinafter referred to as the “Committee”). The Committee shall provide advice to the Foundation concerning (1) the implementation of the provisions of sections 1885 to 1885d of this title and (2) other policies and activities of the Foundation to encourage full participation of women, minorities, and persons with disabilities in scientific, engineering, and professional fields.
• (b) Each member of the Committee shall be appointed by the Director. In addition, the Chairman of the National Science Board may designate a member of the Board as a member of the Committee. Members of the Committee shall be appointed to serve for a three-year term, and may be reappointed to serve one additional term of three years.
• (c) The Committee shall be responsible for reviewing and evaluating all Foundation matters relating to opportunities for the participation in, and the advancement of, women, minorities, and persons with disabilities in education, training, and science and engineering research programs.
• (d) The Committee may organize such standing or ad hoc subcommittees as the Committee finds appropriate.
• (e) Every 2 years, the Committee shall prepare and submit to the Director a report on its activities during the previous 2 years and proposed activities for the next 2 years. The Director shall submit to Congress the report, unaltered, together with such comments as the Director considers appropriate, including—
  • (1) review data on the participation in Foundation activities of institutions serving populations that are underrepresented in STEM disciplines, including poor, rural, and tribal populations; and
  • (2) recommendations regarding how the Foundation could improve outreach and inclusion of these populations in Foundation activities.

§ 1885d. Biennial reports

• (a) By January 30 of each odd-numbered year, the Director shall simultaneously transmit a report to the Congress, the Attorney General, the Director of the Office of Science and Technology Policy, the Chairman of the Equal Employment Opportunity Commission, the Director of the Office of Personnel Management, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services.
• (b) The report required by subsection (a) shall contain—
  • (1) an accounting and comparison, by sex, race, and ethnic group and by discipline, of the participation of women and men in scientific and engineering positions, including—
    • (A) the number of individuals in permanent and temporary and in full-time and part-time scientific and engineering positions by appropriate level or similar category;
    • (B) the average salary of individuals in such scientific and engineering positions;
    • (C) the number and type of promotional opportunities realized by individuals in such scientific and engineering positions;
    • (D) the number of individuals serving as principal investigators in federally conducted or federally supported research and development; and
    • (E) the unemployment rate of individuals seeking scientific and engineering positions;
  • (2) an assessment, including quantitative and other data, of the proportion of women and minorities studying scientific and engineering fields, including mathematics and computer skills, at all educational levels; and
  • (3) such other data, analyses, and evaluations as the Director, acting on the advice of the Committee on Equal Opportunities in Science and Engineering, determines appropriate to carry out the Foundation’s functions as well as the policies and programs of sections 1885 to 1885d of this title.

§ 1886. Data collection and analysis

The National Science Foundation is authorized to design, establish, and maintain a data collection and analysis capability in the Foundation for the purpose of identifying and assessing the research facilities needs of universities. The needs of universities, by major field of science and engineering, for construction and modernization of research laboratories, including fixed equipment and major research equipment, shall be documented. University expenditures for the construction and modernization of research facilities, the sources of funds, and other appropriate data shall be collected and analyzed. The Foundation, in conjunction with other appropriate Federal agencies, shall conduct the necessary surveys every 2 years and report the results to the Congress. The first report shall be submitted to the Congress by September 1, 1986 .

§ 1886a. Data on specific fields of study

The National Science Foundation shall continue to collect statistically reliable data on the field of degree of college-educated individuals to fulfill obligations under section 1863(j)(1) of this title and the Science and Engineering Equal Opportunities Act [ 42 U.S.C. 1885 et seq.]. If the Director of the Foundation determines that there is a legal impediment to the continued collection of this data, he shall inform the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 180 days after December 30, 2005 .

§ 1887. Indemnification of grantees, contractors, and subcontractors under ocean drilling program; approvals and certifications by Director

The Foundation is on and after November 25, 1985 , authorized to indemnify grantees, contractors, and subcontractors associated with the ocean drilling program under the provisions of section 2354 of title 10 , with all approvals and certifications required thereby made by the Director of the National Science Foundation.

§ 1900. Interior Department programs

• (a) The Secretary of the Interior is authorized to enter into contracts with educational institutions, public or private agencies or organizations, or persons for the conduct of scientific or technological research into any aspect of the problems related to the programs of the Department of the Interior which are authorized by statute.
• (b) The Secretary shall require a showing that the institutions, agencies, organizations, or persons with which he expects to enter into contracts pursuant to this section have the capability of doing effective work. He shall furnish such advice and assistance as he believes will best carry out the mission of the Department of the Interior, participate in coordinating all research initiated under this section, indicate the lines of inquiry which seem to him most important, and encourage and assist in the establishment and maintenance of cooperation by and between the institutions, agencies, organizations, or persons and between them and other research organizations, the United States Department of the Interior, and other Federal agencies.
• (c) The Secretary may from time to time disseminate in the form of reports or publications to public or private agencies or organizations, or individuals such information as he deems desirable on the research carried out pursuant to this section.

§ 1900a. Rules and regulations

The Secretary shall prescribe such rules and regulations as he deems necessary to carry out the provisions of this chapter.

§ 1900b. Amendment, modification, or repeal of authorizations for execution of contracts for research

Nothing contained in this chapter is intended to amend, modify, or repeal any provisions of law administered by the Secretary of the Interior which authorize the making of contracts for research.