USC Chapter 16

in effect

42 U.S.C. § 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.

42 U.S.C. § 1862 Functions

(a) Initiation and support of studies and programs; scholarships; current register of scientific and engineering personnelThe 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) Contracts, grants, loans, etc., for scientific and engineering activities; financing of programsThe 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) Scientific and engineering research programs at academic and other nonprofit institutions; applied scientific and engineering research programs by Presidential directive; employment of consulting services; coordination of activitiesIn 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) Promotion of research and education in science and engineeringThe 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) Balancing of research and educational activities in the sciences and engineeringIn 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) Annual report to the President and CongressThe 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) Support of access to computer networksIn 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.

42 U.S.C. § 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.

42 U.S.C. § 1862b Establishment of Program

(a) Establishment; purpose(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) Improvement projects; maximum amounts(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 award of fundsCriteria 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.

42 U.S.C. § 1862c Procedures, guidelines, and planning activities

(a) Procedures(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) Comprehensive planning activitiesThe 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) GuidelinesPrior 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) Comprehensive planThe 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) ReportThe 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 guidelinesFinal guidelines shall be published in the Federal Register not later than 45 days after the submission of the report required under subsection (e). (g) Amount available for this sectionThe 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) Consultation with Secretary of Education and heads of other agenciesIn conducting the activities under the Program, the Director shall consult with the Secretary of Education and the heads of other related agencies.

42 U.S.C. § 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.

42 U.S.C. § 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.

42 U.S.C. § 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.

42 U.S.C. § 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.

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

(a) FindingsThe 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, technology, engineering, and mathematics or STEM, especially at the associate-degree level; (4) shortages of scientifically and technically educated 11 So in original. Probably should be followed by “and”. 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 STEM education and training particularly appropriate. (b) PurposesIt 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 STEM fields; (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 STEM instruction.

42 U.S.C. § 1862i STEM education

(a) National advanced STEM education programThe 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 education to prepare the skilled technical workforce to meet workforce demands, and to improve the quality of their core education courses in STEM fields. The grant program shall place emphasis on the needs of students who have been in the workforce (including veterans and individuals engaged in work in the home) and on building a pathway from secondary schools to associate-degree-granting institutions, to careers that require technical training, 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 and study of model instructional programs in advanced-technology fields and in core STEM courses; (2) the professional development of faculty and instructors, both full- and part-time, who provide instruction in STEM and advanced- technology 11 So in original. The space between “advanced-” and “technology” probably should not appear. fields; (3) the establishment of innovative partnership arrangements that—(A) involve associate-degree-granting colleges and other appropriate public and private sector entities to support the advanced- technology 1 industries that drive the competitiveness of the United States in the global economy; (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 STEM and advanced-technology fields; and (5) the development and dissemination of instructional materials in support of improving the advanced STEM and advanced- technology 1 and training capabilities of associate-degree-granting colleges, including programs for students who are not pursuing a science degree. (b) Centers of scientific and technical education(1) In generalThe Director shall make awards for the establishment of centers of excellence, in advanced-technology fields, among associate-degree-granting colleges. Centers shall meet one or both of the following criteria:(A) Exceptional instructional programs in advanced-technology fields. (B) Excellence in undergraduate STEM education. (2) PurposesThe centers shall serve as national and regional clearinghouses and models for the benefit of both colleges and secondary schools, and shall provide seminars and programs to disseminate model curricula and model teaching methods and instructional materials to other associate-degree-granting colleges. (3) NetworksThe centers may enter into partnerships with other institutions of higher education, nonprofit organizations, and stakeholder groups, or a consortium thereof, to develop networks to—(A) coordinate research, training, and education activities funded by awards under subsection (a); (B) share information and best practices; or (C) promote collaboration between academic institutions, workforce development programs, labor organizations, and industry to communicate and meet workforce education and training needs. (c) Articulation partnerships(1) Partnership grants(A) The Director shall make grants to eligible partnerships to encourage the development of career and educational pathways with multiple entry and exit points leading to credentials and degrees, and to assist students pursuing pathways in STEM fields to transition from associate-degree-granting colleges to bachelor- degree-granting 22 So in original. The space between “bachelor-” and “degree-granting” probably should not appear. institutions, through such means as—(i) examining curricula to develop articulation agreements that 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 the career and educational pathways supported by the articulation agreements; 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 veterans and individuals engaged in 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 institutions or work sites participating in the partnership, including stipend support for students participating in summer programs or industry internships; and (iv) provide faculty mentors for students participating in activities under clause (iii), including summer salary support for faculty mentors. (2) Outreach grantsThe Director shall make grants to associate-degree-granting colleges with outstanding STEM programs to strengthen relationships with secondary schools and, as appropriate, elementary schools, in the community served by the college by improving STEM education and encouraging the interest and aptitude of students at these schools for careers in STEM and advanced-technology fields through such means as developing articulation agreements or dual credit courses with local secondary schools, or other means as the Director determines appropriate, to enable students to satisfy entrance and course requirements at the associate-degree-granting college. (3) Mentor training grantsThe Director shall establish a program to encourage and make grants available to institutions of higher education that award associate degrees to recruit and train individuals from STEM fields 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, including jobs at Federal and academic laboratories. (d) Grants for associate degree programs in STEM fields(1) In-demand workforce grantsThe 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) ApplicationsIn 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,33 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; (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; and (F) as appropriate, applications that apply the best practices for STEM education and technical skills education through distance learning or in a simulated work environment, as determined by research described in subsection (f); and (G) applications that incorporate distance learning tools and approaches. (e) Grants for STEM degree applied learning opportunities(1) In generalThe 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) PurposesAwards 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) ApplicationsIn 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,3 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; (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; and (E) applications that incorporate distance learning tools and approaches. (f) Grants for computer-based and online STEM education courses(1) In generalThe 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) Research areasThe 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) Coordination with other Federal departmentsIn 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. (h) Funding(1) FundingThe 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 2026, 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 2026, subject to the availability of appropriations; and (C) not less than $3,000,000 to carry out the activities under subsection (f) for each of fiscal years 2019 through 2026, subject to the availability of appropriations. (2) Limitation on fundingAmounts 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) Limitation on fundingTo 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) Functions of DirectorIn 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) establish and maintain a readily accessible inventory of the programs assisted under sections 1862h to 1862j of this title; and (4) 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) DefinitionsAs used in this section—(1) the term advanced-technology 44 So in original. The defined term probably should be within quotation marks. includes technological fields such as advanced manufacturing, agricultural-, biological- and chemical-technologies, energy and environmental technologies, engineering technologies, information technologies, micro and nano-technologies, cybersecurity technologies, geospatial technologies, and new, emerging technology areas; (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 other entities; (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 “region” means a labor market area, as that term is defined in section 3102 of title 29; (8) the terms “science, technology, engineering, or mathematics” or “STEM” mean science, technology, engineering, and mathematics, including computer science and cybersecurity; and (9) the term skilled technical workforce 4 has the meaning given such term in section 4(b) of the Innovations in Mentoring, Training, and Apprenticeships Act (42 U.S.C. 1862p).55 See References in Text note below.

42 U.S.C. § 1862j Authorization of appropriations

There are authorized to be appropriated to the Director for carrying out sections 2 through 4 $150,000,000 for each of fiscal years 2023 through 2027.

42 U.S.C. § 1862k Findings; core strategies

(a) FindingsCongress 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) Core strategiesIn 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.

42 U.S.C. § 1862l National research facilities

(a) Facilities plan(1) In generalThe 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) Contents of the planThe 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) Special ruleThe 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) Status of facilities under constructionThe 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.

42 U.S.C. § 1862m Financial disclosure

Persons temporarily employed by or at the Foundation shall be subject to the same financial disclosure requirements and related sanctions under chapter 131 of title 5 as are permanent employees of the Foundation in equivalent positions.

42 U.S.C. § 1862n Mathematics and science education partnerships

(a) Program authorized(1) In general(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) Partnerships(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) Uses of fundsGrants 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) 11 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; (N) developing science, technology, engineering, and mathematics educational curriculum that incorporates art and design to promote creativity and innovation; and (O) any other activities the Director determines will accomplish the goals of this subsection. (4) Master teachersActivities 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) Science enrichment programs for girlsActivities 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) Research in secondary schoolsActivities 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) StipendsGrants 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) Mentors for teachers and students of challenging coursesPartnerships 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) InnovationActivities 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) Teacher institutes for the 21st century(A) In generalTeacher 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) Optional members of the partnershipIn 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) Selection process(1) ApplicationAn 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) Review of applicationsIn 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) AwardsIn 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) Accountability and dissemination(1) Assessment requiredThe 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) Report on evaluationsNot 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) Annual meetingThe 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) Technical assistanceAt 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) DefinitionsIn 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.

42 U.S.C. § 1862n–1 Robert Noyce Teacher Scholarship Program

(a) Scholarship program(1) In generalThe Director shall carry out a program to award grants to eligible entities to recruit and train mathematics and science teachers and to provide scholarships and stipends to individuals participating in the program. Such program shall be known as the “Robert Noyce Teacher Scholarship Program”. (2) Merit reviewGrants shall be provided under this section on a competitive, merit-reviewed basis. (3) Use of grantsA grant provided under this section shall be used by the eligible entity—(A) to develop and implement a program to recruit and prepare undergraduate students majoring in science, technology, engineering, and mathematics at the eligible entity (and participating institutions of higher education of the consortium, if applicable) to become qualified as mathematics and science teachers, through—(i) administering scholarships in accordance with subsection (c); (ii) offering academic courses and early clinical teaching experiences designed to prepare students participating in the program to teach in elementary schools and secondary schools, including such preparation as is necessary to meet requirements for teacher certification or licensing; (iii) offering programs to students participating in the program, both before and after the students receive their baccalaureate degree, to enable the students to become better mathematics and science teachers, to fulfill the service requirements of this section, and to exchange ideas with others in the students’ fields; and (iv) providing summer internships for freshman and sophomore students participating in the program, including research experiences at national laboratories and NASA centers; or (B) to develop and implement a program to recruit and prepare science, technology, engineering, or mathematics professionals to become qualified as mathematics and science teachers, through—(i) administering stipends in accordance with subsection (d); (ii) offering academic courses and clinical teaching experiences designed to prepare stipend recipients to teach in elementary schools and secondary schools served by a high need local educational agency, including such preparation as is necessary to meet requirements for teacher certification or licensing; and (iii) offering programs to stipend recipients, both during and after matriculation in the program for which the stipend is received, to enable recipients to become better mathematics and science teachers, to fulfill the service requirements of this section, and to exchange ideas with others in the students’ fields. (4) Eligibility requirement(A) In generalTo be eligible to receive a grant under this section, an eligible entity shall ensure that specific faculty members and staff from the science, technology, engineering, and mathematics departments and specific education faculty of the eligible entity (and participating institutions of higher education of the consortium, if applicable) are designated to carry out the development and implementation of the program. (B) Inclusion of master teachersAn eligible entity (and participating institutions of higher education of the consortium, if applicable) receiving a grant under this section may also include master teachers in the development of the pedagogical content of the program and in the supervision of students participating in the program in their clinical teaching experiences. (C) Active participantsNo eligible entity (or participating institution of higher education of the consortium, if applicable) shall be eligible for a grant under this section unless faculty from the science, technology, engineering, and mathematics departments of the eligible entity (and participating institutions of higher education of the consortium, if applicable) are active participants in the program. (5) AwardsIn awarding grants under this section, the Director shall ensure that the eligible entities (and participating institutions of higher education of the consortia, if applicable) represent a variety of types of institutions of higher education. In support of this goal, the Director shall broadly disseminate information about when and how to apply for grants under this section, including by conducting outreach to—(A) historically Black colleges and universities that are part B institutions, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); (B) minority institutions, as defined in section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k(3)); and (C) higher education programs that serve or support veterans. (6) Supplement not supplantGrant funds provided under this section shall be used to supplement, and not supplant, other Federal or State funds available for the type of activities supported by the grant. (b) Selection process(1) ApplicationAn eligible entity seeking funding 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 scholarships and summer internships or the size and number of stipends the applicant intends to award, the type of activities proposed for the recruitment of students to the program, and the selection process that will be used in awarding the scholarships or stipends; (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) a description of the academic courses and clinical teaching experiences required under subparagraphs (A)(ii) and (B)(ii) of subsection (a)(3), as applicable, including—(i) a description of the undergraduate program that will enable a student to graduate within 5 years with a major in science, technology, engineering, or mathematics and to obtain teacher certification or licensing; (ii) a description of the clinical teaching experiences proposed; and (iii) 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; (E) a description of the programs required under subparagraphs (A)(iii) and (B)(iii) of subsection (a)(3), including activities to assist new teachers in fulfilling the teachers’ service requirements under this section; (F) an identification of the applicant eligible entity’s science, technology, engineering, and mathematics faculty and its education faculty (and such faculty of participating institutions of higher education of the consortium, if applicable) who will carry out the development and implementation of the program as required under subsection (a)(4); and (G) a description of the process the applicant will use to fulfill the requirements of subsection (f). (2) Review of applicationsIn evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum—(A) the ability of the applicant (and the participating institutions of higher education of the consortium, if applicable) to effectively carry out the program; (B) the extent to which the applicant’s science, technology, engineering, and mathematics faculty and its education faculty (and such faculty of participating institutions of higher education of the consortium, if applicable) have worked or will work collaboratively to design new or revised curricula that recognize 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 the 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 scholarship or stipend recipients to become successful mathematics and science teachers; (E) the number and academic qualifications of the students who will be served by the program; and (F) the ability of the applicant (and the participating institutions of higher education of the consortium, if applicable) to recruit students who would otherwise not pursue a career in teaching in elementary schools or secondary schools, students who are individuals identified in section 1885a or 1885b of this title, and veterans. (c) Scholarship requirements(1) In generalScholarships under this section shall be available only to students who—(A) are majoring in science, technology, engineering, or mathematics; and (B) have attained at least junior status in a baccalaureate degree program. (2) SelectionIndividuals shall be selected to receive scholarships primarily on the basis of academic merit, with consideration given to financial need and to the goal of promoting the participation of individuals identified in section 1885a or 1885b of this title and veterans. (3) AmountThe Director shall establish for each year the amount to be awarded for scholarships under this section for that year, which shall be not less than $10,000 per year, except that no individual shall receive for any year more than the cost of attendance at that individual’s institution. Full-time students may receive annual scholarships through the completion of a baccalaureate degree program, not to exceed a maximum of 3 years. Part-time students may receive scholarships that are prorated according to such students’ enrollment status, not to exceed 6 years of scholarship support. (4) Service obligationIf an individual receives a scholarship under this section, such individual shall be required to complete, within 8 years after graduation from the baccalaureate degree program for which the scholarship was awarded, 2 years of service as a mathematics or science teacher for each full scholarship award received, with a maximum service requirement of 6 years. Service required under this paragraph shall be performed in a high need local educational agency. (d) Stipends(1) In generalStipends under this section shall be available only to science, technology, engineering, or mathematics professionals who, while receiving the stipend, are enrolled in a program established under subsection (a)(3)(B). (2) SelectionIndividuals shall be selected to receive stipends under this section primarily on the basis of academic merit and professional achievement, with consideration given to financial need and to the goal of promoting the participation of individuals identified in section 1885a or 1885b of this title and veterans. (3) Amount and durationStipends under this section shall be not less than $10,000 per year, except that no individual shall receive for any year more than the cost of attendance at such individual’s institution. Individuals may receive a maximum of 1 year of stipend support, except that if an individual is enrolled in a part-time program, such amount shall be prorated according to the length of the program. (4) Service obligationIf an individual receives a stipend under this section, such individual shall be required to complete, within 4 years after graduation from the program for which the stipend was awarded, 2 years of service as a mathematics or science teacher. Service required under this paragraph shall be performed in a high need local educational agency. (e) Conditions of supportAs a condition of acceptance of a scholarship or stipend under this section, a recipient of a scholarship or stipend shall enter into an agreement with the eligible entity—(1) accepting the terms of the scholarship or stipend pursuant to subsection (c) or subsection (d); (2) agreeing to provide the eligible entity with annual certification of employment and up-to-date contact information and to participate in surveys conducted by the eligible entity as part of an ongoing assessment program; and (3) establishing that if the service obligation required under this section is not completed, all or a portion of the scholarship or stipend received under this section shall be repaid in accordance with subsection (g). (f) Collection for noncompliance(1) Monitoring complianceAn eligible entity receiving a grant under this section shall, as a condition of participating in the program, enter into an agreement with the Director to monitor the compliance of scholarship or stipend recipients with their respective service requirements. (2) Collection of repayment(A) In generalIn the event that a scholarship or stipend recipient is required to repay the scholarship or stipend under subsection (g), the eligible entity shall—(i) be responsible for determining the repayment amounts and for notifying the recipient and the Director of the amount owed; and (ii) collect such repayment amount within a period of time as determined under the agreement described in paragraph (1), or the repayment amount shall be treated as a loan in accordance with subparagraph (C). (B) Returned to TreasuryExcept as provided in subparagraph (C), any such repayment shall be returned to the Treasury of the United States. (C) Retain percentageAn eligible entity may retain a percentage of any repayment the eligible entity collects to defray administrative costs associated with the collection. The Director shall establish a single, fixed percentage that will apply to all eligible entities. (g) Failure to complete service obligation(1) General ruleIf an individual who has received a scholarship or stipend under this section—(A) fails to maintain an acceptable level of academic standing in the educational institution in which the individual is enrolled, as determined by the Director; (B) is dismissed from such educational institution for disciplinary reasons; (C) withdraws from the program for which the award was made before the completion of such program; (D) declares that the individual does not intend to fulfill the service obligation under this section; or (E) fails to fulfill the service obligation of the individual under this section, such individual shall be liable to the United States as provided in paragraph (2). (2) Amount of repayment(A) Less than one year of serviceIf a circumstance described in paragraph (1) occurs before the completion of 1 year of a service obligation under this section, the total amount of awards received by the individual under this section shall be repaid or such amount shall be treated as a loan to be repaid in accordance with subparagraph (C). (B) More than one year of serviceIf a circumstance described in subparagraph (D) or (E) of paragraph (1) occurs after the completion of 1 year of a service obligation under this section—(i) for a scholarship recipient, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall be repaid or such amount shall be treated as a loan to be repaid in accordance with subparagraph (C); and (ii) for a stipend recipient, one-half of the total amount of stipends received by the individual under this section shall be repaid or such amount shall be treated as a loan to be repaid in accordance with subparagraph (C). (C) RepaymentsThe loans described under subparagraphs (A) and (B) shall be payable to the Federal Government, consistent with the provisions of part B or D of title IV of the Higher Education Act of 1965 [20 U.S.C. 1071 et seq., 1087a et seq.], and shall be subject to repayment in accordance with terms and conditions specified by the Director (in consultation with the Secretary of Education) in regulations promulgated to carry out this paragraph. (3) ExceptionsThe Director may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable. (h) Data collectionAn eligible entity receiving a grant under this section shall supply to the Director any relevant statistical and demographic data on scholarship and stipend recipients the Director may request, including information on employment required under this section. (i) DefinitionsIn this section—(1) the term “cost of attendance” has the meaning given such term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll); (2) the term “eligible entity” means—(A) an institution of higher education; or (B) an institution of higher education that receives grant funds on behalf of a consortium of institutions of higher education; (3) the term “fellowship” means an award to an individual under section 1862n–1a of this title; (4) the term “high need local educational agency” has the meaning given such term in section 201 of the Higher Education Act of 1965 (20 U.S.C. 1021); (5) the term “mathematics and science teacher” means a science, technology, engineering, mathematics, or computer science and artificial intelligence, including cybersecurity, teacher at the elementary school or secondary school level; (6) the term “scholarship” means an award under subsection (c); (7) the term “science, technology, engineering, or mathematics professional” means an individual who holds a baccalaureate, master’s, or doctoral degree in science, technology, engineering, mathematics, or computer science, including cybersecurity, and is working in or had a career in such field or a related area; and (8) the term “stipend” means an award under subsection (d). (j) Mathematics and science scholarship gift fundIn accordance with section 1870(f) of this title, the Director is authorized to accept donations from the private sector to supplement but not supplant scholarships, stipends, internships, or fellowships associated with programs under this section or section 1862n–1a of this title. (k) Assessment of teacher service and retentionNot later than 4 years after August 9, 2007, the Director shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Science and Technology of the House of Representatives a report on the effectiveness of the programs carried out under this section and section 1862n–1a of this title. The report shall include the proportion of individuals receiving scholarships, stipends, or fellowships under the program who—(1) fulfill the individuals’ service obligation required under this section or section 1862n–1a of this title; (2) remain in the teaching profession beyond the individuals’ service obligation; and (3) remain in the teaching profession in a high need local educational agency beyond the individuals’ service obligation. (l) EvaluationNot less than 2 years after August 9, 2007, the Director, in consultation with the Secretary of Education, shall conduct an evaluation to determine whether the scholarships, stipends, and fellowships authorized under this section and section 1862n–1a of this title have been effective in increasing the numbers of high-quality mathematics and science teachers teaching in high need local educational agencies and whether there continue to exist significant shortages of such teachers in high need local educational agencies.

42 U.S.C. § 1862n–1a National Science Foundation Teaching Fellowships and Master Teaching Fellowships

(a) In general(1) Grants(A) In generalAs 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) DefinitionsThe terms used in this section have the meanings given the terms in section 1862n–1 of this title. (2) FellowshipsFellowships 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) EligibilityIn 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) Use of grantsGrants 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) Selection process(1) Merit reviewGrants shall be awarded under this section on a competitive, merit-reviewed basis. (2) ApplicationsAn 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) CriteriaIn 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) Selection of fellows(A) In generalIndividuals 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) Promoting participation of certain individualsAmong 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) Duties of National Science Foundation Teaching Fellows and Master Teaching FellowsA 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) Teaching fellowship salary supplements(1) In generalAn 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) Amount and duration(A) AmountSalary 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) Support while enrolled in master’s degree programA 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) Duration of supportAn 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) Support for Master Teaching Fellows while enrolled in a master’s degree programA 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) Service obligationAn 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) Matching requirement(1) In generalAn 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) WaiverThe 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) Conditions of support; collection for noncompliance; failure to complete service obligation; data collection(1) In generalExcept 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) Amount of repaymentIf 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) STEM teacher service and retention(1) In generalThe 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) PracticesThe 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.

42 U.S.C. § 1862n–2 Establishment of centers for research on mathematics and science learning and education improvement

(a) Establishment(1) In general(A) The Director shall award grants to institutions of higher education or eligible nonprofit organizations (or consortia thereof) to establish multidisciplinary Centers for Research on Learning and Education Improvement. (B) Grants shall be awarded under this paragraph on a competitive, merit-reviewed basis. (2) PurposeThe purpose of the Centers shall be to conduct and evaluate research in cognitive science, education, and related fields and to develop ways in which the results of such research can be applied in elementary school and secondary school classrooms to improve the teaching of mathematics and science. (3) Focus(A) Each Center shall be focused on a different challenge faced by elementary school or secondary school teachers of mathematics and science. In determining the research focus of the Centers, the Director shall consult with the National Academy of Sciences and the Secretary of Education and take into account the extent to which other Federal programs support research on similar questions. (B) The proposal solicitation issued by the Director shall state the focus of each Center and applicants shall apply for designation as a specific Center. (C) At least one Center shall focus on developing ways in which the results of research described in paragraph (2) can be applied, duplicated, and scaled up for use in low-performing elementary schools and secondary schools to improve the teaching and student achievement levels in mathematics and science. (D) To the extent practicable and relevant to its focus, every Center shall include, as part of its research, work designed to quantitatively assess and improve the ways that information technology is used in the teaching of mathematics and science. (b) Selection process(1) ApplicationAn institution of higher education or an eligible nonprofit organization (or a consortium thereof) seeking funding 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 description of—(A) the initial research projects that will be undertaken by the Center and the process by which new projects will be identified; (B) how the Center will work with other research institutions and schools to broaden the national research agenda on learning and teaching; (C) how the Center will promote active collaboration among physical, biological, and social science researchers; (D) how the Center will promote active participation by elementary and secondary mathematics and science teachers and administrators; and (E) how the results of the Center’s research can be incorporated into educational practices, and how the Center will assess the success of those practices. (2) Review of applicationsIn evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum—(A) the ability of the applicant to effectively carry out the research program, including the activities described in paragraph (1)(E); (B) the experience of the applicant in conducting research on the science of teaching and learning and the capacity of the applicant to foster new multidisciplinary collaborations; (C) the capacity of the applicant to attract elementary school and secondary school teachers from a diverse array of schools, and with diverse professional experiences, for participation in Center activities; and (D) the capacity of the applicant to attract and provide adequate support for graduate students to pursue research at the intersection of educational practice and basic research on human cognition and learning. (3) AwardsThe Director shall ensure, to the extent practicable, that the Centers funded under this section conduct research and develop educational practices designed to improve the educational performance of a broad range of students, including individuals identified in section 1885a or 1885b of this title. (c) Annual conferenceThe Director shall convene an annual meeting of the Centers to foster collaboration among the Centers and to further disseminate the results of the Centers’ activities. (d) CoordinationThe Director shall coordinate with the Secretary of Education in—(1) disseminating the results of the research conducted pursuant to grants awarded under this section to elementary school teachers and secondary school teachers; and (2) providing programming, guidance, and support to ensure that such teachers—(A) understand the implications of the research disseminated under paragraph (1) for classroom practice; and (B) can use the research to improve such teachers’ performance in the classroom.

42 U.S.C. § 1862n–3 Duplication of programs

(a) In generalThe Director shall review the education programs of the Foundation that are in operation as of December 19, 2002, to determine whether any of such programs duplicate the programs authorized under this Act. (b) ImplementationAs programs authorized under this Act are implemented, the Director shall—(1) terminate any duplicative program being carried out by the Foundation or merge the duplicative program into a program authorized under this Act; and (2) not establish any new program that duplicates a program that has been implemented pursuant to this Act. (c) Report(1) ReviewThe Director of the Office of Science and Technology Policy shall review the education programs of the Foundation to ensure compliance with the provisions of this section. (2) SubmissionNot later than 1 year after December 19, 2002, and annually thereafter as part of the annual Office of Science and Technology Policy’s budget submission to Congress, the Director of the Office of Science and Technology Policy shall complete a report on the review carried out under this subsection and shall submit the report to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Commerce, Science, and Transportation, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate.

42 U.S.C. § 1862n–4 Major research equipment and facilities construction plan

(a) Prioritization of proposed major research equipment and facilities construction(1) Development of prioritiesThe Director shall—(A) develop a list indicating by number the relative priority for funding under the major research equipment and facilities construction account that the Director assigns to each project the Board has approved for inclusion in a future budget request; and (B) submit the list described in subparagraph (A) to the Board for approval. (2) CriteriaThe Director shall include in the criteria for developing the list under paragraph (1) the readiness of plans for construction and operation, including confidence in the estimates 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)) and the proposed schedule of completion. (3) UpdatesThe Director shall update the list prepared under paragraph (1) each time the Board approves a new project that would receive funding under the major research equipment and facilities construction account and periodically submit any updated list to the Board for approval. (b) Project managementNo national research facility project funded under the major research equipment and facilities construction account shall be managed by an individual whose appointment to the Foundation is temporary. (c) Board approval of major research equipment and facilities projectsThe Board shall explicitly approve any project to be funded out of the major research equipment and facilities construction account before any funds may be obligated from such account for such project.

42 U.S.C. § 1862n–5 Board meetings; audits; reports; scholarship eligibility

(a) Board meetings(1) Omitted (2) Open meetingsTo ensure transparency of the Board’s entire decision-making process, including deliberations on Board business occurring within its various subdivisions, the Board and all of its committees, subcommittees, and task forces (and any other entity consisting of members of the Board and reporting to the Board) shall be subject to section 552b of title 5. The preceding requirement will apply to meetings of the full Board, whenever a quorum is present; and to meetings of its subdivisions, whenever a quorum of the subdivision is present. (3) Compliance reviewThe Inspector General of the Foundation shall conduct a review of the compliance by the Board with the requirements described in paragraph (2) as necessary based on a triennial risk assessment. Any review deemed necessary shall examine the proposed and actual content of closed meetings and determine whether the closure of the meetings was consistent with section 552b of title 5. (4) Materials relating to closed portions of meetingTo facilitate the risk assessment required under paragraph (3) of this subsection, and any subsequent review conducted by the Inspector General, the Office of the National Science Board shall maintain the General Counsel’s certificate, the presiding officer’s statement, and a transcript or recording of any closed meeting, for at least 3 years after such meeting. (b), (c) Omitted (d) Scholarship eligibilityThe Director shall not exclude part-time students from eligibility for scholarships under the Computer Science, Engineering, and Mathematics Scholarship program.

42 U.S.C. § 1862n–6 Undergraduate education reform

(a) In generalThe Director shall award grants, on a competitive, merit-reviewed basis, to institutions of higher education to expand previously implemented reforms of undergraduate science, mathematics, engineering, or technology education that have been demonstrated to have been successful in increasing the number and quality of students studying toward and completing associate’s or baccalaureate degrees in science, mathematics, engineering, or technology. (b) Uses of fundsActivities supported by grants under this section may include—(1) expansion of successful reform efforts beyond a single course or group of courses to achieve reform within an entire academic unit; (2) expansion of successful reform efforts beyond a single academic unit to other science, mathematics, engineering, or technology academic units within an institution; (3) creation of multidisciplinary courses or programs that formalize collaborations for the purpose of improved student instruction and research in science, mathematics, engineering, and technology; (4) expansion of undergraduate research opportunities beyond a particular laboratory, course, or academic unit to engage multiple academic units in providing multidisciplinary research opportunities for undergraduate students; (5) expansion of innovative tutoring or mentoring programs proven to enhance student recruitment or persistence to degree completion in science, mathematics, engineering, or technology; (6) improvement of undergraduate science, mathematics, engineering, and technology education for nonmajors, including education majors; and (7) implementation of technology-driven reform efforts, including the installation of technology to facilitate such reform, that directly impact undergraduate science, mathematics, engineering, or technology instruction or research experiences. (c) Selection process(1) ApplicationsAn 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) a description of the previously implemented reform effort that will serve as the basis for the proposed reform effort and evidence of success of that previous effort, including data on student recruitment, persistence to degree completion, and academic achievement; (C) evidence of active participation in the proposed project by individuals who were central to the success of the previously implemented reform effort; and (D) evidence of institutional support for, and commitment to, the proposed reform effort, including a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to undergraduate education equal to, or greater than, scholarly scientific research. (2) Review of applicationsIn evaluating applications submitted under paragraph (1), the Director shall consider at a minimum—(A) the evidence of past success in implementing undergraduate education reform and the likelihood of success in undertaking the proposed expanded effort; (B) 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; (C) the degree to which the proposed reform will contribute to change in institutional culture and policy such that a greater value is placed on faculty engagement in undergraduate education, as evidenced through promotion and tenure policies; and (D) the likelihood that the institution will sustain or expand the reform beyond the period of the grant. (3) Grant distributionThe Director shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education.

42 U.S.C. § 1862n–7 Reports

(a) Grant size and durationNot later than 6 months after December 19, 2002, the Director shall transmit to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate a report describing the impact that increasing the average grant size and duration would have on minority-serving institutions and on institutions located in States where the Foundation’s Experimental Program to Stimulate Competitive Research (established under section 1862g of this title) is carrying out activities. (b) FacultyNot later than 3 months after December 19, 2002, the Director shall enter into an arrangement with the National Academy of Sciences to assess gender differences in the careers of science and engineering faculty. This study shall build on the Academy’s work on gender differences in the carriers of doctoral scientists and engineers and examine issues such as faculty hiring, promotion, tenure, and allocation of resources including laboratory space. Upon completion, the results of this study shall be transmitted to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate. (c) Grant fundingNot later than 3 months after December 19, 2002, the Director shall enter into an agreement with an appropriate party to assess gender differences in the distribution of external Federal research and development funding. This study shall examine differences in amounts requested and awarded, by gender, in major Federal external grant programs. Upon completion, the results of this study shall be transmitted to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate. (d) Study of broadband network access for schools and libraries(1) Report to CongressThe Director shall conduct a study of the issues described in paragraph (3), and not later than 1 year after December 19, 2002, transmit to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate a report including recommendations to address those issues. Such report shall be updated annually for 4 additional years. (2) ConsultationIn preparing the reports under paragraph (1), the Director shall consult with Federal agencies and educational entities as the Director considers appropriate. (3) Issues to be addressedThe reports shall—(A) identify the availability of high-speed, large bandwidth capacity access to different demographic groups served by elementary schools, secondary schools, and libraries in the United States; (B) identify how the provision of high-speed, large bandwidth capacity access to the Internet to such schools and libraries can be effectively utilized within each school and library; (C) consider the effect that specific or regional circumstances may have on the ability of such institutions to acquire high-speed, large bandwidth capacity access to achieve universal connectivity as an effective tool in the education process; and (D) include options and recommendations to address the challenges and issues identified in the reports. (e) Minority-serving institution funding(1) Annual reporting requiredThe Director shall submit an annual report, along with the President’s annual budget request, to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate on the amount of funding awarded by the Foundation to minority-serving institutions, including funding received as members of consortia. The report shall include information on such funding to minority-serving institutions—(A) expressed as a percentage of funding to all institutions of higher education for each appropriations account within the Foundation’s budget; and (B) for the preceding 10 years. (2) Report on ways to improve fundingWithin one year after December 19, 2002, the Director shall submit to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate a report on recommendations on how the Foundation can improve funding to minority-serving institutions.

42 U.S.C. § 1862n–8 Evaluations

(a) Education(1) In generalThe Director, through the Research, Evaluation and Communication Division of the Education and Human Resources Directorate of the Foundation, shall evaluate the effectiveness of all undergraduate science, mathematics, engineering, or technology education activities supported by the Foundation in increasing the number and quality of students, including individuals identified in section 1885a or 1885b of this title studying toward and completing associate’s or baccalaureate degrees in science, mathematics, engineering, and technology. In conducting the evaluation, the Director shall consider information on—(A) the number of students enrolled in undergraduate science, mathematics, engineering, and technology programs; (B) student academic achievement, including quantifiable measurements of students’ mastery of content and skills; (C) persistence to degree completion, including students who transfer from science, mathematics, engineering, and technology programs to programs in other academic disciplines; and (D) placement during the first year after degree completion in post-graduate education or career pathways. (2) Assessment benchmarks and toolsThe Director, through the Research, Evaluation and Communication Division of the Education and Human Resources Directorate of the Foundation, shall establish a common set of assessment benchmarks and tools, and shall enable every Foundation-sponsored project to incorporate the use of these benchmarks and tools in their project-based assessment activities. (3) Reports to CongressNot later than 3 years after December 19, 2002, and once every 3 years thereafter, the Director shall transmit to the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate a report containing the results of evaluations under paragraph (1). (b) AwardsNotwithstanding any other provision of this Act, the Director shall annually evaluate a random sample of grants, contracts, or other awards made pursuant to this Act. (c) DisseminationThe Director shall—(1) provide for the dissemination of the results of the evaluations conducted pursuant to this section to the public; and (2) provide notice to the public that such evaluations are available.

42 U.S.C. § 1862n–9 Astronomy and Astrophysics Advisory Committee

(a) EstablishmentThe Foundation, the National Aeronautics and Space Administration, and the Department of Energy shall jointly establish an Astronomy and Astrophysics Advisory Committee (in this section referred to as the “Advisory Committee”). (b) DutiesThe Advisory Committee shall—(1) assess, and make recommendations regarding, the coordination of astronomy and astrophysics programs of the Foundation, the National Aeronautics and Space Administration, and the Department of Energy; (2) assess, and make recommendations regarding, the status of the activities of the Foundation, the National Aeronautics and Space Administration, and the Department of Energy as they relate to the recommendations contained in the National Research Council’s 2001 report entitled “Astronomy and Astrophysics in the New Millennium”, and the recommendations contained in subsequent National Research Council reports of a similar nature; and (3) not later than March 15 of each year, transmit a report to the Director, the Administrator of the National Aeronautics and Space Administration, the Secretary of Energy, the Committee on Science of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate on the Advisory Committee’s findings and recommendations under paragraphs (1) and (2). (c) MembershipThe Advisory Committee shall consist of 13 members, none of whom shall be a Federal employee, including—(1) 4 members selected by the Director; (2) 4 members selected by the Administrator of the National Aeronautics and Space Administration; (3) 3 members selected by the Secretary of Energy; and (4) 2 members selected by the Director of the Office of Science and Technology Policy. (d) Selection processInitial selections under subsection (c) shall be made within 3 months after December 19, 2002. Vacancies shall be filled in the same manner as provided in subsection (c). (e) ChairpersonThe Advisory Committee shall select a chairperson from among its members. (f) CoordinationThe Advisory Committee shall coordinate with other Federal advisory committees that advise Federal agencies that engage in related research activities. (g) CompensationThe members of the Advisory Committee shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5. (h) MeetingsThe Advisory Committee shall convene, in person or by electronic means, at least 4 times a year. (i) QuorumA majority of the members serving on the Advisory Committee shall constitute a quorum for purposes of conducting the business of the Advisory Committee. (j) DurationSection 1013 of title 5 shall not apply to the Advisory Committee.

42 U.S.C. § 1862n–10 Minority-serving institutions undergraduate program

(a) In generalThe Director is authorized to establish a new program to award grants on a competitive, merit-reviewed basis to Hispanic-serving institutions, Alaska Native-serving institutions, Native Hawaiian-serving institutions, and other institutions of higher education serving a substantial number of minority students to enhance the quality of undergraduate science, mathematics, and engineering education at such institutions and to increase the retention and graduation rates of students pursuing associate’s or baccalaureate degrees in science, mathematics, engineering, or technology. (b) Program componentsGrants awarded under this section shall support—(1) activities to improve courses and curriculum in science, mathematics, and engineering; (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) Program coordinationThis program shall be coordinated with and in addition to the ongoing Historically Black Colleges and Universities Undergraduate Program and the Tribal Colleges and Universities Program. (d) InstrumentationFunding for instrumentation is an allowed use of grants awarded under this section and under the ongoing Historically Black Colleges and Universities Undergraduate Program and the Tribal Colleges and Universities Program.

42 U.S.C. § 1862o Postdoctoral research fellows

(a) MentoringThe Director shall require that all grant applications that include funding to support postdoctoral and graduate student 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. The requirement may be satisfied by providing such individuals with access to mentors, including individuals not listed on the award. Mentoring activities may include career counseling, training in preparing grant applications, guidance on ways to improve teaching skills, and training in research ethics. (b) ReportsThe 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.

42 U.S.C. § 1862o–1 Responsible conduct of research

The Director shall require that each institution that applies for financial assistance from the Foundation for science and engineering research or education describe in its grant proposal a plan to provide appropriate training and oversight in the responsible and ethical conduct of research to undergraduate students, graduate students, postdoctoral researchers, faculty, and other senior personnel participating in the proposed research project, including— (1) mentor training and mentorship; (2) training to raise awareness of potential research security threats; and (3) Federal export control, disclosure, and reporting requirements.

42 U.S.C. § 1862o–2 Reporting of research results

The Director shall ensure that all final project reports and citations of published research documents resulting from research funded, in whole or in part, by the Foundation, are made available to the public in a timely manner and in electronic form through the Foundation’s Web site.

42 U.S.C. § 1862o–3 Sharing research results

An investigator supported under a Foundation award, whom the Director determines has failed to comply with the provisions of section 734 of the Foundation Grant Policy Manual, shall be ineligible for a future award under any Foundation supported program or activity. The Director may restore the eligibility of such an investigator on the basis of the investigator’s subsequent compliance with the provisions of section 734 of the Foundation Grant Policy Manual and with such other terms and conditions as the Director may impose.

42 U.S.C. § 1862o–4 Funding for successful science, technology, engineering, and mathematics education programs

(a) Evaluation of programsThe Director shall, on an annual basis, evaluate all of the Foundation’s grants that are scheduled to expire within 1 year and—(1) that have the primary purpose of meeting the objectives of the Science and Engineering Equal Opportunity Act (42 U.S.C. 1885 et seq.); or (2) that have the primary purpose of providing teacher professional development. (b) Continuation of fundingFor grants that are identified under subsection (a) and that are determined by the Director to be successful in meeting the objectives of the initial grant solicitation, the Director may extend the duration of those grants for not more than 3 additional years beyond their scheduled expiration without the requirement for a recompetition.

42 U.S.C. § 1862o–5 Meeting critical national science needs

(a) In generalIn addition to any other criteria, the Director shall include consideration of the degree to which awards and research activities that otherwise qualify for support by the Foundation may assist in meeting critical national needs in innovation, competitiveness, safety and security, the physical and natural sciences, technology, engineering, social sciences, and mathematics. (b) Priority treatmentThe Director shall give priority in the selection of awards and the allocation of Foundation resources to proposed research activities, and grants funded under the Foundation’s Research and Related Activities Account, that can be expected to make contributions in physical or natural science, technology, engineering, social sciences, or mathematics, or that enhance competitiveness, innovation, or safety and security in the United States. (c) LimitationNothing in this section shall be construed to restrict or bias the grant selection process against funding other areas of research deemed by the Foundation to be consistent with its mandate nor to change the core mission of the Foundation.

42 U.S.C. § 1862o–6 Research on innovation and inventiveness

In carrying out its research programs on science policy and on the science of learning, the Foundation may support research on the process of innovation and the teaching of inventiveness.

42 U.S.C. § 1862o–7 Cyberinfrastructure

In order to continue and expand efforts to ensure that research institutions throughout the Nation can fully participate in research programs of the Foundation and collaborate with colleagues throughout the Nation, the Director, not later than 180 days after August 9, 2007, shall develop and publish a plan that— (1) describes the current status of broadband access for scientific research purposes at institutions in EPSCoR-eligible States, at institutions in rural areas, and at minority serving institutions; and (2) outlines actions that can be taken to ensure that such connections are available to enable participation in those Foundation programs that rely heavily on high-speed networking and collaborations across institutions and regions.

42 U.S.C. § 1862o–8 Pilot program of grants for new investigators

(a) In generalThe Director shall carry out a pilot program to award 1-year grants to individuals to assist them in improving research proposals that were previously submitted to the Foundation but not selected for funding. (b) EligibilityTo be eligible to receive a grant under this section, an individual—(1) may not have previously received funding as the principal investigator of a research grant from the Foundation; and (2) shall have submitted a proposal to the Foundation, which may include a proposal submitted to the Research in Undergraduate Institutions program, that was rated excellent under the Foundation’s competitive merit review process. (c) Selection processThe Director shall make awards under this section based on the advice of the program officers of the Foundation. (d) Use of fundsGrants awarded under this section shall be used to enable an individual to resubmit an updated research proposal for review by the Foundation through the agency’s competitive merit review process. Uses of funds made available under this section may include the generation of new data and the performance of additional analysis. (e) Program administrationThe Director shall carry out this section through the Small Grants for Exploratory Research program. (f) National Science Board reviewThe Board shall conduct a review and assessment of the pilot program under this section, including the number of new investigators funded, the distribution of awards by type of institution of higher education, and the success rate upon resubmittal of proposals by new investigators funded through such pilot program. Not later than 3 years after August 9, 2007, the Board shall summarize its findings and any recommendations regarding changes to, the termination of, or the continuation of the pilot program in a report to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate.

42 U.S.C. § 1862o–9 Broader impacts merit review criterion

(a) In generalAmong the types of activities that the Foundation shall consider as appropriate for meeting the requirements of its broader impacts criterion for the evaluation of research proposals are partnerships between academic researchers and industrial scientists and engineers that address research areas identified as having high importance for future national economic competitiveness, such as nanotechnology. (b) Report on broader impacts criterionNot later than 1 year after August 9, 2007, the Director shall transmit to Congress a report on the impact of the broader impacts grant criterion used by the Foundation. The report shall—(1) identify the criteria that each division and directorate of the Foundation uses to evaluate the broader impacts aspects of research proposals; (2) provide a breakdown of the types of activities by division that awardees have proposed to carry out to meet the broader impacts criterion; (3) provide any evaluations performed by the Foundation to assess the degree to which the broader impacts aspects of research proposals were carried out and how effective they have been at meeting the goals described in the research proposals; (4) describe what national goals, such as improving undergraduate science, technology, engineering, and mathematics education, improving kindergarten through grade 12 science and mathematics education, promoting university-industry collaboration, and broadening participation of underrepresented groups, the broader impacts criterion is best suited to promote; and (5) describe what steps the Foundation is taking and should take to use the broader impacts criterion to improve undergraduate science, technology, engineering, and mathematics education.

42 U.S.C. § 1862o–10 Advanced information and communications technology research

(1) In generalAs part of the Program described in title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.), the Foundation shall support basic research related to advanced information and communications technologies that will contribute to enhancing or facilitating the availability and affordability of advanced communications services for all people of the United States. Areas of research to be supported may include research on—(A) affordable broadband access, including wireless technologies; (B) network security and reliability; (C) communications interoperability; (D) networking protocols and architectures, including resilience to outages or attacks; (E) trusted software; (F) privacy; (G) nanoelectronics for communications applications; (H) low-power communications electronics; (I) implementation of equitable access to national advanced fiber optic research and educational networks in noncontiguous States; and (J) such other related areas as the Director finds appropriate. (2) CentersThe Director shall award multiyear grants, subject to the availability of appropriations and on a merit-reviewed competitive basis, to institutions of higher education, nonprofit research institutions affiliated with institutions of higher education, or consortia of either type of institution to establish multidisciplinary Centers for Communications Research. The purpose of the Centers shall be to generate innovative approaches to problems in information and communications technology research, including the research areas described in paragraph (1). Institutions of higher education, nonprofit research institutions affiliated with institutions of higher education, or consortia receiving such grants may partner with 1 or more government laboratories, for-profit entities, or other institutions of higher education or nonprofit research institutions. (3) Funding allocationThe Director shall increase funding for the basic research activities described in paragraph (1), which shall include support for the Centers described in paragraph (2), in proportion to the increase in the total amount appropriated to the Foundation for research and related activities for the fiscal years 2008 through 2010. (4) Report to CongressThe Director shall transmit to Congress, as part of the President’s annual budget submission under section 1105 of title 31, a report on the amounts allocated for support of research under this section for the fiscal year during which such report is submitted and the levels proposed for the fiscal year with respect to which the budget submission applies.

42 U.S.C. § 1862o–12 Hispanic-serving institutions undergraduate program

(a) In generalThe Director shall award grants on a competitive, merit-reviewed basis to Hispanic-serving institutions (as defined in section 1101a of title 20) to enhance the quality of undergraduate STEM education at such institutions and to increase the retention and graduation rates of students pursuing associate’s or baccalaureate degrees in science, technology, engineering, and mathematics. (b) Program componentsGrants awarded under this section shall support—(1) activities to improve courses and curriculum in science, technology, engineering, and mathematics; (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) InstrumentationFunding for instrumentation is an allowed use of grants awarded under this section.

42 U.S.C. § 1862o–13 Professional science master’s degree programs

(a) Clearinghouse(1) DevelopmentThe Director shall establish a clearinghouse, in collaboration with 4-year institutions of higher education (including applicable graduate schools and academic departments), and industries and Federal agencies that employ science-trained personnel, to share program elements used in successful professional science master’s degree programs and other advanced degree programs related to science, technology, engineering, and mathematics. (2) AvailabilityThe Director shall make the clearinghouse of program elements developed under paragraph (1) available to institutions of higher education that are developing professional science master’s degree programs. (b) Programs(1) Programs authorizedThe Director shall award grants to 4-year institutions of higher education to facilitate the institutions’ creation or improvement of professional science master’s degree programs that may include linkages between institutions of higher education and industries that employ science-trained personnel, with an emphasis on practical training and preparation for the workforce in high-need fields. (2) ApplicationA 4-year institution of higher education desiring a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. The application shall include—(A) a description of the professional science master’s degree program that the institution of higher education will implement; (B) a description of how the professional science master’s degree program at the institution of higher education will produce individuals for the workforce in high-need fields; (C) the amount of funding from non-Federal sources, including from private industries, that the institution of higher education shall use to support the professional science master’s degree program; and (D) an assurance that the institution of higher education shall encourage students in the professional science master’s degree program to apply for all forms of Federal assistance available to such students, including applicable graduate fellowships and student financial assistance under titles IV and VII of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq., 1133 et seq.). (3) PreferencesThe Director shall give preference in making awards to 4-year institutions of higher education seeking Federal funding to create or improve professional science master’s degree programs, to those applicants—(A) located in States with low percentages of citizens with graduate or professional degrees, as determined by the Bureau of the Census, that demonstrate success in meeting the unique needs of the corporate, non-profit, and government communities in the State, as evidenced by providing internships for professional science master’s degree students or similar partnership arrangements; or (B) that secure more than two-thirds of the funding for such professional science master’s degree programs from sources other than the Federal Government. (4) Number of grants; time period of grants(A) Number of grantsSubject to the availability of appropriated funds, the Director shall award grants under paragraph (1) to a maximum of 200 4-year institutions of higher education. (B) Time period of grantsGrants awarded under this section shall be for one 3-year term. Grants may be renewed only once for a maximum of 2 additional years. (5) Evaluation and reports(A) Development of performance benchmarksPrior to the start of the grant program, the Director, in collaboration with 4-year institutions of higher education (including applicable graduate schools and academic departments), and industries and Federal agencies that employ science-trained personnel, shall develop performance benchmarks to evaluate the pilot programs assisted by grants under this section. (B) EvaluationFor each year of the grant period, the Director, in consultation with 4-year institutions of higher education (including applicable graduate schools and academic departments), and industries and Federal agencies that employ science-trained personnel, shall complete an evaluation of each program assisted by grants under this section. Any program that fails to satisfy the performance benchmarks developed under subparagraph (A) shall not be eligible for further funding. (C) ReportNot later than 180 days after the completion of an evaluation described in subparagraph (B), the Director shall submit a report to Congress that includes—(i) the results of the evaluation; and (ii) recommendations for administrative and legislative action that could optimize the effectiveness of the pilot programs, as the Director determines to be appropriate.

42 U.S.C. § 1862o–14 Major research instrumentation

(a) Award amountThe minimum amount of an award under the Major Research Instrumentation program shall be $100,000. The maximum amount of an award under the program shall be $4,000,000 except if the total amount appropriated for the program for a fiscal year exceeds $125,000,000, in which case the maximum amount of an award shall be $6,000,000. (b) Use of fundsIn addition to the acquisition of instrumentation and equipment, funds made available by awards under the Major Research Instrumentation program may be used to support the operations and maintenance of such instrumentation and equipment. (c) Cost sharing(1) In generalAn institution of higher education receiving an award under the Major Research Instrumentation program shall provide at least 30 percent of the cost from private or non-Federal sources. (2) ExceptionsInstitutions of higher education that are not Ph.D.-granting institutions are exempt from the cost sharing requirement in paragraph (1), and the Director may reduce or waive the cost sharing requirement for—(A) institutions—(i) that are not ranked among the top 100 institutions receiving Federal research and development funding, as documented by the statistical data published by the Foundation; and (ii) for which the proposed project will make a substantial improvement in the institution’s capabilities to conduct leading edge research, to provide research experiences for undergraduate students using leading edge facilities, and to broaden the participation in science and engineering research by individuals identified in section 1885a or 1885b of this title; and (B) consortia of institutions of higher education that include at least one institution that is not a Ph.D.-granting institution.

42 U.S.C. § 1862o–15 Limit on proposals

(a) PolicyFor programs supported by the Foundation that require as part of the selection process for awards the submission of preproposals and that also limit the number of preproposals that may be submitted by an institution, the Director shall allow the subsequent submission of a full proposal based on each preproposal that is determined to have merit following the Foundation’s merit review process. (b) Review and assessment of policiesThe Board shall review and assess the effects on institutions of higher education of the policies of the Foundation regarding the imposition of limitations on the number of proposals that may be submitted by a single institution for programs supported by the Foundation. The Board shall determine whether current policies are well justified and appropriate for the types of programs that limit the number of proposal submissions. Not later than 1 year after August 9, 2007, the Board shall summarize the Board’s findings and any recommendations regarding changes to the current policy on the restriction of proposal submissions in a report to the Committee on Science and Technology 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.

42 U.S.C. § 1862p National Center for Science and Engineering Statistics

(a) EstablishmentThere 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) DutiesIn 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) Statistical reportsThe 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.

42 U.S.C. § 1862p–1 National Science Foundation manufacturing research and education

(a) Manufacturing researchThe Director shall carry out a program to award merit-reviewed, competitive grants to institutions of higher education to support fundamental research leading to transformative advances in manufacturing technologies, processes, and enterprises that will support United States manufacturing through improved performance, productivity, sustainability, and competitiveness. Research areas may include—(1) nanomanufacturing; (2) manufacturing and construction machines and equipment, including robotics, automation, and other intelligent systems; (3) manufacturing enterprise systems; (4) advanced sensing and control techniques; (5) materials processing; (6) information technologies for manufacturing, including predictive and real-time models and simulations, virtual manufacturing; 11 So in original. The semicolon probably should be a comma. and artificial intelligence and machine learning; and (7) additive manufacturing, including new material designs, complex materials, rapid printing techniques, and real-time process controls. (b) Manufacturing educationIn order to help ensure a well-trained manufacturing workforce, the Director shall award grants to strengthen and expand scientific and technical education and training in advanced manufacturing, including through the Foundation’s Advanced Technological Education program.

42 U.S.C. § 1862p–2 Partnerships for innovation

(a) In generalThe Director shall carry out a program to award merit-reviewed, competitive grants to institutions of higher education to establish and to expand partnerships that promote innovation and increase the impact of research by developing tools and resources to connect new scientific discoveries to practical uses. (b) Partnerships(1) In generalTo be eligible for funding under this section, an institution of higher education must propose establishment of a partnership that—(A) includes at least one private sector entity; and (B) may include other institutions of higher education, public sector institutions, private sector entities, and nonprofit organizations. (2) PriorityIn selecting grant recipients under this section, the Director shall give priority to partnerships that include one or more institutions of higher education and at least one of the following:(A) A minority serving institution. (B) A primarily undergraduate institution. (C) A 2-year institution of higher education. (c) ProgramProposals funded under this section shall seek—(1) to increase the impact of the most promising research at the institution or institutions of higher education that are members of the partnership through knowledge transfer or commercialization; (2) to increase the engagement of faculty and students across multiple disciplines and departments, including faculty and students in schools of business and other appropriate non-STEM fields and disciplines in knowledge transfer activities; (3) to enhance education and mentoring of students and faculty in innovation and entrepreneurship through networks, courses, and development of best practices and curricula; (4) to strengthen the culture of the institution or institutions of higher education to undertake and participate in activities related to innovation and leading to economic or social impact; (5) to broaden the participation of all types of institutions of higher education in activities to meet STEM workforce needs and promote innovation and knowledge transfer; and (6) to build lasting partnerships with local and regional businesses, local and State governments, and other relevant entities. (d) Additional criteriaIn selecting grant recipients under this section, the Director shall also consider the extent to which the applicants are able to demonstrate evidence of institutional support for, and commitment to—(1) achieving the goals of the program as described in subsection (c); (2) expansion to an institution-wide program if the initial proposal is not for an institution-wide program; and (3) sustaining any new innovation tools and resources generated from funding under this program. (e) LimitationNo funds provided under this section may be used to construct or renovate a building or structure.

42 U.S.C. § 1862p–3 Sustainable chemistry basic research

The Director shall establish a Green Chemistry Basic Research program to award competitive, merit-based grants to support research into green and sustainable chemistry which will lead to clean, safe, and economical alternatives to traditional chemical products and practices. The research program shall provide sustained support for green chemistry research, education, and technology transfer through— (1) merit-reviewed competitive grants to individual investigators and teams of investigators, including, to the extent practicable, young investigators, for research; (2) grants to fund collaborative research partnerships among universities, industry, and nonprofit organizations; (3) symposia, forums, and conferences to increase outreach, collaboration, and dissemination of green chemistry advances and practices; and (4) education, training, and retraining of undergraduate and graduate students and professional chemists and chemical engineers, including through partnerships with industry, in green chemistry science and engineering.

42 U.S.C. § 1862p–4 Undergraduate broadening participation program

The Foundation shall continue to support the Historically Black Colleges and Universities Undergraduate Program, the Louis Stokes Alliances for Minority Participation program, the Tribal Colleges and Universities Program, and Hispanic-serving institutions as separate programs.

42 U.S.C. § 1862p–5 Research experiences for high school students

The Director shall permit specialized STEM high schools conducting research to participate in major data collection initiatives from universities, corporations, or government labs under a research grant from the Foundation, as part of the research proposal.

42 U.S.C. § 1862p–6 Research experiences for undergraduates

(a) Research sitesThe Director shall award grants, on a merit-reviewed, competitive basis, to institutions of higher education, nonprofit organizations, or consortia of such institutions and organizations, for sites designated by the Director to provide research experiences for 6 or more undergraduate STEM students for sites designated at primarily undergraduate institutions of higher education and 10 or more undergraduate STEM students for all other sites, with consideration given to the goal of promoting the participation of individuals identified in section 1885a or 1885b of this title. The Director shall ensure that—(1) at least half of the students participating in a program funded by a grant under this subsection at each site shall be recruited from institutions of higher education where research opportunities in STEM are limited, including 2-year institutions; (2) the awards provide undergraduate research experiences in a wide range of STEM disciplines; (3) the awards support a variety of projects, including independent investigator-led projects, interdisciplinary projects, and multi-institutional projects (including virtual projects); (4) students participating in each program funded have mentors, including during the academic year to the extent practicable, to help connect the students’ research experiences to the overall academic course of study and to help students achieve success in courses of study leading to a baccalaureate degree in a STEM field; (5) mentors and students are supported with appropriate salary or stipends; and (6) student participants are tracked, for employment and continued matriculation in STEM fields, through receipt of the undergraduate degree and for at least 3 years thereafter. (b) Inclusion of undergraduates in standard research grantsThe Director shall require that every recipient of a research grant from the Foundation proposing to include 1 or more students enrolled in certificate, associate, or baccalaureate degree programs in carrying out the research under the grant shall request support, including stipend support, for such undergraduate students as part of the research proposal itself rather than as a supplement to the research proposal, unless such undergraduate participation was not foreseeable at the time of the original proposal.

42 U.S.C. § 1862p–7 STEM industry internship programs

(a) In generalThe Director may award grants, on a competitive, merit-reviewed basis, to institutions of higher education, or consortia thereof, to establish or expand partnerships with local or regional private sector entities, for the purpose of providing undergraduate students with integrated internship experiences that connect private sector internship experiences with the students’ STEM coursework. The partnerships may also include industry or professional associations. (b) Internship programThe grants awarded under subsection (a) may include internship programs in the manufacturing sector. (c) 11 So in original. Two subsecs. (c) have been enacted. Use of grant fundsGrants under this section may be used—(1) to develop and implement hands-on learning opportunities; (2) to develop curricula and instructional materials related to industry, including the manufacturing sector; (3) to perform outreach to secondary schools; (4) to develop mentorship programs for students with partner organizations; and (5) to conduct activities to support awareness of career opportunities and skill requirements. (d) 22 So in original. Two subsecs. (d) have been enacted. PriorityIn awarding grants under this section, the Director shall give priority to institutions of higher education or consortia thereof that demonstrate significant outreach to and coordination with local or regional private sector entities and Regional Centers for the Transfer of Manufacturing Technology established by section 278k(a) 33 See References in Text note below. of title 15 in developing academic courses designed to provide students with the skills or certifications necessary for employment in local or regional companies. (c) 1 Outreach to rural communitiesThe Foundation shall conduct outreach to institutions of higher education and private sector entities in rural areas to encourage those entities to participate in partnerships under this section. (d) 2 Cost-shareThe Director shall require a 50 percent non-Federal cost-share from partnerships established or expanded under this section. (e) RestrictionNo Federal funds provided under this section may be used—(1) for the purpose of providing stipends or compensation to students for private sector internships unless private sector entities match 75 percent of such funding; or (2) as payment or reimbursement to private sector entities, except for institutions of higher education. (f) ReportNot less than 3 years after January 4, 2011, the Director shall submit a report to Congress on the number and total value of awards made under this section, the number of students affected by those awards, any evidence of the effect of those awards on workforce preparation and jobs placement for participating students, and an economic and ethnic breakdown of the participating students.

42 U.S.C. § 1862p–8 Cyber-enabled learning for national challenges

The Director shall, in consultation with appropriate Federal agencies, identify ways to use cyber-enabled learning to create an innovative STEM workforce and to help retrain and retain our existing STEM workforce to address national challenges, including national security and competitiveness, and use technology to enhance or supplement laboratory based learning.

42 U.S.C. § 1862p–9 Experimental Program to Stimulate Competitive Research

(a) FindingsThe Congress finds that—(1) the National Science Foundation Act of 1950 [42 U.S.C. 1861 et seq.] stated, “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”; (2) National Science Foundation funding remains highly concentrated, with 28 States and jurisdictions, taken together, receiving only about 12 percent of all National Science Foundation research funding; (3) each of the States described in paragraph (2) receives only a fraction of 1 percent of the Foundation’s research dollars each year; (4) first established at the National Science Foundation in 1979, the Experimental Program to Stimulate Competitive Research (referred to in this section as “EPSCoR”) assists States and jurisdictions historically underserved by Federal research and development funding in strengthening their research and innovation capabilities; (5) the EPSCoR structure requires each participating State to develop a science and technology plan suited to State and local research, education, and economic interests and objectives; (6) EPSCoR has been credited with advancing the research competitiveness of participating States, improving awareness of science, promoting policies that link scientific investment and economic growth, and encouraging partnerships between government, industry, and academia; (7) EPSCoR proposals are evaluated through a rigorous and competitive merit-review process to ensure that awarded research and development efforts meet high scientific standards; and (8) according to the National Academy of Sciences, EPSCoR has strengthened the national research infrastructure and enhanced the educational opportunities needed to develop the science and engineering workforce. (b) Continuation of programThe Director shall continue to carry out EPSCoR, with the objective of helping the eligible States to develop the research infrastructure that will make them more competitive for Foundation and other Federal research funding. The program shall continue to increase as the National Science Foundation funding increases. (c) Coordination of EPSCoR and similar Federal programs(1) Another findingThe Congress finds that a number of Federal agencies have programs, such as EPSCoR and the National Institutes of Health Institutional Development Award program, designed to increase the capacity for and quality of science and technology research and training at academic institutions in States that historically have received relatively little Federal research and development funding. (2) Coordination requiredThe EPSCoR Interagency Coordinating Committee, chaired by the National Science Foundation, shall—(A) coordinate each EPSCoR to maximize the impact of Federal support for building competitive research infrastructure, and in order to achieve an integrated Federal effort; (B) coordinate agency objectives with State and institutional goals, to obtain continued non-Federal support of science and technology research and training; (C) develop metrics to assess gains in academic research quality and competitiveness, and in science and technology human resource development; (D) conduct a cross-agency evaluation of each EPSCoR and accomplishments, including management, investment, and metric-measuring strategies implemented by the different agencies aimed to increase the number of new investigators receiving peer-reviewed funding, broaden participation, and empower knowledge generation, dissemination, application, and national research and development competitiveness; (E) coordinate the development and implementation of new, novel workshops, outreach activities, and follow-up mentoring activities among each EPSCoR for colleges and universities in EPSCoR States and territories in order to increase the number of proposals submitted and successfully funded and to enhance statewide coordination of each EPSCoR; (F) coordinate the development of new, innovative solicitations and programs to facilitate collaborations, partnerships, and mentoring activities among faculty at all levels in non-EPSCoR and EPSCoR States and jurisdictions; (G) conduct an evaluation of the roles, responsibilities and degree of autonomy that program officers or managers (or the equivalent position) have in executing each EPSCoR at the different Federal agencies and the impacts these differences have on the number of EPSCoR State and jurisdiction faculty participating in the peer review process and the percentage of successful awards by individual EPSCoR State jurisdiction and individual researcher; and (H) conduct a survey of colleges and university faculty at all levels regarding their knowledge and understanding of EPSCoR, and their level of interaction with and knowledge about their respective State or Jurisdictional EPSCoR Committee. (3) Meetings and reportsThe Committee shall meet at least twice each fiscal year and shall submit an annual report to the appropriate committees of Congress describing progress made in carrying out paragraph (2). (d) Federal agency reportsEach Federal agency that administers an EPSCoR shall submit to Congress, as part of its Federal budget submission—(1) a description of the program strategy and objectives; (2) a description of the awards made in the previous fiscal year, including—(A) the total amount made available, by State, under EPSCoR; (B) the total amount of agency funding made available to all institutions and entities within each EPSCoR State; (C) the efforts and accomplishments to more fully integrate the EPSCoR States in major agency activities and initiatives; (D) the percentage of EPSCoR reviewers from EPSCoR States; and (E) the number of programs or large collaborator awards involving a partnership of organizations and institutions from EPSCoR and non-EPSCoR States; and (3) an analysis of the gains in academic research quality and competitiveness, and in science and technology human resource development, achieved by the program over the last 5 fiscal years. (e) National Academy of Sciences study(1) In generalThe Director shall contract with the National Academy of Sciences to conduct a study on all Federal agencies that administer an EPSCoR. (2) Matters to be addressedThe study conducted under paragraph (1) shall include the following:(A) A delineation of the policies of each Federal agency with respect to the awarding of grants to EPSCoR States. (B) The effectiveness of each program. (C) Recommendations for improvements for each agency to achieve EPSCoR goals. (D) An assessment of the effectiveness of EPSCoR States in using awards to develop science and engineering research and education, and science and engineering infrastructure within their States. (E) Such other issues that address the effectiveness of EPSCoR as the National Academy of Sciences considers appropriate. (f) Award structure updatesIn implementing the mandate to maximize the impact of Federal EPSCoR support on building competitive research infrastructure, and based on the inputs and recommendations of previous EPSCoR reviews, the head of each Federal agency administering an EPSCoR program shall—(1) consider modifications to EPSCoR proposal solicitation, award type, and project evaluation—(A) to more closely align with current agency priorities and initiatives; (B) to focus EPSCoR funding on achieving critical scientific, infrastructure, and educational needs of that agency; (C) to encourage collaboration between EPSCoR-eligible institutions and researchers, including with institutions and researchers in other States and jurisdictions; (D) to improve communication between State and Federal agency proposal reviewers; and (E) to continue to reduce administrative burdens associated with EPSCoR; (2) consider modifications to EPSCoR award structures—(A) to emphasize long-term investments in building research capacity, potentially through the use of larger, renewable funding opportunities; (B) to allow the agency, States, and jurisdictions to experiment with new research and development funding models; and (C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and (3) consider modifications to the mechanisms used to monitor and evaluate EPSCoR awards—(A) to increase collaboration between EPSCoR-funded researchers and agency staff, including by providing opportunities for mentoring young researchers and for the use of Federal facilities; (B) to identify and disseminate best practices; and (C) to harmonize metrics across participating Federal agencies, as appropriate.

42 U.S.C. § 1862p–10 Academic technology transfer and commercialization of university research

(a) In generalAny institution of higher education (as such term is defined in section 1001(a) 11 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) NSF websiteThe National Science Foundation shall create and maintain a website accessible to the public that links to each website mentioned under (a). (c) Trade secret informationNotwithstanding subsection (a), an institution shall not be required to reveal confidential, trade secret, or proprietary information on its website.

42 U.S.C. § 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.

42 U.S.C. § 1862p–12 Cloud computing research enhancement

(a) Research focus areaThe 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) Establishment(1) In generalNot 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) Unsolicited proposalsThe 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) ReportThe 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) NIST supportThe 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.

42 U.S.C. § 1862p–13 Tribal colleges and universities program

(a) In generalThe 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) Program componentsGrants 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) InstrumentationFunding provided under this section may be used for laboratory equipment and materials. (d) Awards to broaden Tribal College and University student participation in computer science(1) In generalThe Director, as part of the program authorized under this section, shall make awards on a competitive, merit-reviewed basis to eligible entities to increase the participation of Tribal populations in computer science and computational thinking education programs to enable students to develop skills and competencies in coding, problem-solving, critical thinking, creativity and collaboration. (2) PurposeAwards made under this subsection shall support—(A) research and development needed to bring computer science and computational thinking courses and degrees to Tribal Colleges or Universities; (B) research and development of instructional materials needed to integrate computer science and computational thinking into programs that are culturally relevant to students attending Tribal Colleges or Universities; (C) research, development and evaluation of distance education for computer science and computational thinking courses and degree programs for students attending Tribal Colleges and Universities; and (D) other activities consistent with the activities described in paragraphs (1) through (4) of subsection (b), as determined by the Director. (3) PartnershipsA Tribal College or University seeking an award under this subsection, or consortia thereof, may partner with an institution of higher education or nonprofit organization with demonstrated expertise in academic program development. (4) CoordinationIn carrying out this subsection, the Director 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 subsection. (5) Authorization of appropriationsThere are authorized to be appropriated to the Director $2,000,000 in each of fiscal years 2023 through 2027 to carry out this subsection.

42 U.S.C. § 1862p–14 Broader Impacts Review Criterion

(a) GoalsThe 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) PolicyNot 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.

42 U.S.C. § 1862p–15 Twenty-first century graduate education

(a) In generalThe 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) Uses of fundsActivities 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) PartnershipAn 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) Selection process(1) ApplicationsAn 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) Review of applicationsIn 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.

42 U.S.C. § 1862q Informal STEM education

(a) GrantsThe 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; (3) a national partnership of institutions involved in informal STEM learning; and (4) the integration of art and design in STEM educational programs. (b) Uses of fundsActivities 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; (4) developing, and making available informal STEM education activities and educational materials; and (5) design and testing of programming that integrates art and design in STEM education to promote creativity and innovation. (c) PreK–12 informal STEM(1) In generalThe Director of the National Science Foundation shall make awards, through existing programs where appropriate to institutions of higher education and nonprofit organizations (or consortia of such intuitions 11 So in original. Probably should be “institutions”. or organizations) on a merit-reviewed, competitive basis for research on effective approaches to engaging students in PreK–12, including students from groups historically underrepresented in STEM and rural students. (2) PurposesThe purposes of this subsection are to—(A) provide effective, compelling, and engaging means for teaching and reinforcing fundamental STEM concepts to PreK–12 students; (B) expand the STEM workforce pipeline by increasing the number of youth in the United States exposed to STEM from an early age and encourage them to pursue careers in STEM-related fields; and (C) broaden participation of groups historically underrepresented in STEM and rural students, in the STEM workforce. (3) Use of funds(A) In generalAwards made under this subsection shall support research and development on innovative before-school, after-school, out-of-school, or summer activities that are designed to encourage interest, engagement, and skills development in STEM, including for students from groups historically underrepresented in STEM and rural students. (B) Permitted activitiesThe research and development activities described in subparagraph (A) may include—(i) the provision of programming described in such subparagraph for the purpose of research described in such subparagraph; (ii) the use of a variety of engagement methods, including cooperative and hands-on learning; (iii) exposure of students to role models in the fields of STEM and near-peer mentors; (iv) training of informal learning educators, youth-serving professionals, and volunteers who lead informal STEM programs in using evidence-based methods consistent with the target student population being served; (v) education of students on the relevance and significance of STEM careers, provision of academic advice and assistance, and activities designed to help students make real-world connections to STEM content; (vi) the preparation of students to attend events, competitions, and academic programs that provide content expertise and encourage career exposure in STEM, which may include the purchase of parts and supplies needed to prepare for participation in such competitions; (vii) activities designed to engage parents and families of students in PreK–12 in STEM; (viii) innovative strategies to engage students, such as using leadership skills and outcome measures to impart youth with the confidence to pursue STEM coursework and academic study; (ix) coordination with STEM-rich environments, including other nonprofit, nongovernmental organizations, out-of- 22 So in original. classroom settings, institutions of higher education, vocational facilities, corporations, museums, or science centers; and (x) the acquisition of instructional materials or technology-based tools to conduct applicable award activity. (4) ApplicationAn applicant seeking funding under this subsection shall submit an application at such time, in such manner, and containing such information as may be required by the Director. Applications that include or partner with a nonprofit, nongovernmental organization that has extensive experience and expertise in increasing the participation of students in PreK–12 in STEM are encouraged. At a minimum, the application shall include the following:(A) A description of the target audience to be served by the research activity or activities for which such funding is sought. (B) A description of the process for recruitment and selection of students to participate in such activities. (C) A description of how such activity or activities may inform programming that engages students in PreK–12 in STEM. (D) A description of how such activity or activities may inform programming that promotes student academic achievement in STEM. (E) An evaluation plan that includes, at a minimum, the use of outcome-oriented measures to determine the impact and efficacy of programming being researched. (5) EvaluationsEach recipient of an award under this subsection shall provide, at the conclusion of every year during which the award funds are received, a report in a form prescribed by the Director. (6) Encourage applicationsIn making awards under this subsection, the Director shall encourage applications which, for the purpose of the activity or activities funded through the award, are from or include eligible nonprofit programs serving students that attend elementary schools or secondary schools (including high schools) that—(A) are implementing comprehensive support and improvement activities or targeted support and improvement activities under paragraph (1) or (2) of section 6311(d) of title 20; or (B) serve high percentages of students who are eligible for a free or reduced-price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school). (7) Accountability and dissemination(A) Evaluation requiredThe Director shall evaluate the activities established under this subsection. Such evaluation shall—(i) use a common set of benchmarks and tools to assess the results of research conducted under such awards; and (ii) to the extent practicable, integrate the findings of the research resulting from the activity or activities funded through the award with the current research on serving students with respect to the pursuit of degrees or careers in STEM, including underrepresented and rural students, in PreK–12. (B) Report on evaluationsNot later than 180 days after the completion of the evaluation under subparagraph (A), the Director shall submit to Congress and make widely available to the public a report that includes—(i) the results of the evaluation; and (ii) any recommendations for administrative and legislative action that could optimize the effectiveness of the program under this subsection. (8) CoordinationIn carrying out this subsection, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, and coordinate with other relevant Federal agencies.

42 U.S.C. § 1862r Research in disabilities education

(a) ProgramNothing 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) Line itemThe 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.

42 U.S.C. § 1862r–1 Dyslexia

(a) In generalConsistent with subsection (c), the National Science Foundation shall support multi-directorate, merit-reviewed, and competitively awarded research on the science of specific learning disability, including dyslexia, such as research on the early identification of children and students with dyslexia, professional development for teachers and administrators of students with dyslexia, curricula and educational tools needed for children with dyslexia, and implementation and scaling of successful models of dyslexia intervention. Research supported under this subsection shall be conducted with the goal of practical application. (b) AwardsTo promote development of early career researchers, in awarding funds under subsection (a) the National Science Foundation shall prioritize applications for funding submitted by early career researchers. (c) CoordinationTo prevent unnecessary duplication of research, activities under this this section and section 1862r of this title shall be coordinated with similar activities supported by other Federal agencies, including research funded by the Institute of Education Sciences and the National Institutes of Health. (d) FundingThe National Science Foundation shall devote not less than $5,000,000 to research described in subsection (a), which shall include not less than $2,500,000 for research on the science of dyslexia, for each of fiscal years 2017 through 2021, subject to the availability of appropriations, to come from amounts made available for the Research and Related Activities account or the Education and Human Resources Directorate under subsection (e). This section shall be carried out using funds otherwise appropriated by law after February 18, 2016. (e) AuthorizationFor each of fiscal years 2016 through 2021, there are authorized out of funds appropriated to the National Science Foundation, $5,000,000 to carry out the activities described in subsection (a).

42 U.S.C. § 1862s Reaffirmation of merit-based peer review

(a) Sense of CongressIt 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) Merit review criteriaThe 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) UpdatesIf 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.

42 U.S.C. § 1862s–1 Transparency and accountability

(a) Findings(1) 11 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) Guidance(1) In generalThe 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) RequirementsThe 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.

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

(a) Facilities oversight(1) In generalThe 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) RequirementsIn 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) Facilities full life-cycle costs(1) In generalSubject 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) ImplementationBased 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) Cost oversight(1) Pre-award analysis(A) In generalThe 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) AuditsAn external analysis under subparagraph (A)(i) may include an audit. (C) ExceptionThe 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) Construction oversightThe 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) Operations cost analysisThe Director of the Foundation shall require an independent cost analysis of the operational proposal for each major multi-user research facility project. (d) Contingency(1) In generalThe Director of the Foundation shall strengthen internal controls to improve oversight of contingency on a major multi-user research facility project. (2) RequirementsIn 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) Use of fees(1) Sense of CongressIt 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) Reporting and recordkeepingThe 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) Oversight implementation progressThe 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) DefinitionsIn this section:(1) Appropriate committees of CongressThe 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) Major multi-user research facility projectThe term “major multi-user research facility project” means a science and engineering facility project that exceeds $100,000,000 in total construction, acquisition, or upgrade costs to the Foundation.

42 U.S.C. § 1862s–3 Personnel oversight

(a) Conflicts of interestThe 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) JustificationsThe 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) ReportNot 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.

42 U.S.C. § 1862s–4 Brain Research through Advancing Innovative Neurotechnologies Initiative

(a) In generalThe Foundation shall support research activities related to the interagency Brain Research through Advancing Innovative Neurotechnologies Initiative. (b) Sense of CongressIt 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.

42 U.S.C. § 1862s–5 Programs to expand STEM opportunities

(a) FindingsCongress 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) Sense of CongressIt 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) ReaffirmationThe Director of the Foundation shall continue to support programs designed to broaden participation of underrepresented populations in STEM fields. (d) Grants to broaden participation(1) In generalThe 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) Center of excellence(A) In generalGrants 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) PurposeThe 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) ResearchAs 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) Support for increasing diversity among STEM faculty at institutions of higher education(1) In generalThe Director of the Foundation shall make awards to institutions of higher education (or consortia thereof) for the development and assessment of innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers, which may include implementing or expanding successful evidence-based practices. (2) Merit review; competitionAwards shall be made under this subsection on a merit-reviewed, competitive basis. (3) Use of fundsActivities supported by awards under this subsection may include—(A) institutional assessment activities, such as data analyses and policy review, in order to identify and address specific issues in the recruitment, retention, and advancement of faculty members from underrepresented minority groups; (B) assessments of distribution of mentoring and advising responsibilities among faculty, particularly for faculty from underrepresented minority groups, that may detract from time spent on research, publishing papers, and other activities required to achieve tenure status or promotion (or equivalents for non-tenure track faculty) and run a productive research program; (C) development and assessment of training courses for administrators and search committee members designed to ensure unbiased evaluation of candidates from underrepresented minority groups; (D) development and hosting of intra- or inter-institutional workshops to propagate best practices in recruiting, retaining, and advancing faculty members from underrepresented minority groups; (E) professional development opportunities for faculty members from underrepresented minority groups; (F) activities aimed at making undergraduate STEM students from underrepresented minority groups aware of opportunities for academic careers in STEM fields; and (G) activities to identify and engage exceptional graduate students and postdoctoral researchers from underrepresented minority groups at various stages of their studies and to encourage them to enter academic careers. (4) Selection process(A) ApplicationAn institution of higher education (or a consortium of such institutions) seeking funding under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum, a description of—(i) the reform effort that is being proposed for implementation by the institution of higher education; (ii) any available evidence of specific difficulties in the recruitment, retention, and advancement of faculty members from underrepresented minority groups in STEM academic careers within the institution of higher education submitting an application, and how the proposed reform effort would address such issues; (iii) support for the proposed reform effort by administrators of the institution, which may include details on previous or ongoing reform efforts; (iv) how the proposed reform effort may contribute to change in institutional culture and policy such that a greater value is placed on the recruitment, retention, and advancement of faculty members from underrepresented minority groups; (v) how the institution of higher education submitting an application plans to sustain the proposed reform effort beyond the duration of the award, if the effort proved successful; and (vi) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. (B) Award distributionThe Director of the Foundation shall ensure, to the extent practicable, that awards under this section are made to a variety of types of institutions of higher education. (5) Authorization of appropriationsThere are authorized to be appropriated to carry out this subsection $8,000,000 for each of fiscal years 2023 through 2027. (f) Support for broadening participation in undergraduate STEM education(1) In generalThe Director of the Foundation shall make awards to institutions of higher education (or a consortium of such institutions) to implement or expand research-based reforms in undergraduate STEM education for the purpose of recruiting and retaining students from minority groups who are underrepresented in STEM fields. (2) Merit review; competitionAwards shall be made under this subsection on a merit-reviewed, competitive basis. (3) Use of fundsActivities supported by awards under this subsection may include—(A) implementation or expansion of innovative, research-based approaches to broaden participation of underrepresented minority groups in STEM fields; (B) implementation or expansion of successful, research-based bridge, cohort, tutoring, or mentoring programs, including those involving community colleges and technical schools, designed to enhance the recruitment and retention of students from underrepresented minority groups in STEM fields; (C) implementation or expansion of outreach programs linking institutions of higher education and PreK–12 school systems in order to heighten awareness among precollege students from underrepresented minority groups of opportunities in college-level STEM fields and STEM careers; (D) implementation or expansion of faculty development programs focused on improving retention of undergraduate STEM students from underrepresented minority groups; (E) implementation or expansion of mechanisms designed to recognize and reward faculty members who demonstrate a commitment to increasing the participation of students from underrepresented minority groups in STEM fields; (F) expansion of successful reforms aimed at increasing the number of STEM students from underrepresented minority groups beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit or field to other STEM academic units or fields within an institution of higher education; (G) expansion of opportunities for students from underrepresented minority groups to conduct STEM research in industry, at Federal labs, and at international research institutions or research sites; (H) provision of stipends for students from underrepresented minority groups participating in research; (I) development of research collaborations between research-intensive universities and primarily undergraduate historically Black colleges and universities, Tribal Colleges or Universities, and minority serving institutions; (J) support for graduate students and postdoctoral fellows from underrepresented minority groups to participate in instructional or assessment activities at primarily undergraduate institutions, including primarily undergraduate historically Black colleges and universities, Tribal Colleges or Universities, and minority serving institutions and 2-year institutions of higher education; and (K) other activities consistent with paragraph (1), as determined by the Director of the Foundation. (4) Selection process(A) ApplicationAn institution of higher education (or a consortium thereof) seeking an award under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum—(i) a description of the proposed reform effort; (ii) a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform, a description of the previously implemented reform effort, including data about the recruitment, retention, and academic achievement of students from underrepresented minority groups; (iii) evidence of an institutional commitment to, and support for, the proposed reform effort, including a long-term commitment to implement successful strategies from the current reform beyond the academic unit or units included in the award proposal; (iv) a description of how the proposed reform effort may contribute to, or in the case of applications that propose an expansion of a previously implemented reforms has contributed to, change in institutional culture and policy such that a greater value is placed on the recruitment, retention and academic achievement of students from underrepresented minority groups; (v) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to improving the education of students from underrepresented minority groups in STEM; and (vi) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change, 11 So in original. (B) Award distributionThe Director of the Foundation shall ensure, to the extent practicable, that awards under this subsection are made to a variety of types of institutions of higher education, including historically Black colleges and universities, Tribal Colleges or Universities, minority serving institutions, and 2-year institutions of higher education. (5) Education research(A) In generalAll awards made under this subsection shall include an education research component that will support the design and implementation of a system for data collection and evaluation of proposed reform efforts in order to build the knowledge base on promising models for increasing recruitment and retention of students from underrepresented minority groups in STEM education at the undergraduate level across a diverse set of institutions. (B) DisseminationThe Director of the Foundation shall coordinate with the Committee on STEM Education of the National Science and Technology Council in disseminating the results of the research under this paragraph to ensure that best practices in broadening participation in STEM education at the undergraduate level are made readily available to all institutions of higher education, other Federal agencies that support STEM programs, non-Federal funders of STEM education, and the general public. (6) Authorization of appropriationsThere are authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2023 through 2027. (g) Accountability and dissemination(1) Evaluation(A) In generalNot later than 5 years after January 6, 2017, the Director of the Foundation shall evaluate the grants provided under this section. (B) RequirementsIn 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) Report on evaluationsNot 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. (h) CoordinationIn 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.

42 U.S.C. § 1862s–6 Presidential awards for excellence in STEM mentoring

(a) In generalThe 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) Annual award recipientsThe 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.

42 U.S.C. § 1862s–7 Computer science education research

(a) FindingsCongress 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) Grant program(1) In generalThe Director of the Foundation shall award grants to eligible entities to research computer science and cybersecurity education and computational thinking. (2) ResearchThe 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; (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; and (E) tools and models for the integration of cybersecurity and other interdisciplinary efforts into computer science education and computational thinking at secondary and postsecondary levels of education. (3) Uses of fundsThe 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) CollaborationsIn 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, cybersecurity, and computational thinking within pre-kindergarten through grade 12 STEM curricula and instruction. (d) MetricsThe Director of the Foundation shall develop metrics to measure the success of the grant program funded under this section in achieving program goals. (e) ReportThe 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) Definition of eligible entityIn this section, the term “eligible entity” means an institution of higher education or a nonprofit research organization.

42 U.S.C. § 1862s–8 Innovation Corps

(a) FindingsCongress 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) Sense of CongressIt 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) I-Corps program(1) In generalIn 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) Expansion of I-Corps(A) In generalThe 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) Partnership fundingIn 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) Follow-on grants(A) In generalSubject 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) LimitationGrants 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) State and local partnershipsThe 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) ReportsThe 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) DefinitionsIn 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.

42 U.S.C. § 1862s–9 Translational research grants

(a) Sense of CongressIt 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) Commercialization promotionThe 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) Use of fundsActivities 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) Eligibility(1) In generalThe 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) Lead organizationsAny eligible organization under paragraph (1) may apply as a lead organization. (e) ApplicationsAn 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.

42 U.S.C. § 1862t Supporting veterans in STEM education and computer science

(a) Supporting veteran involvement in scientific research and STEM educationThe 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) Veteran outreach planNot 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) National Science Board indicators reportThe National Science Board shall provide in its biennial 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) to (g) Omitted (h) Veterans and military families STEM education interagency working group(1) In generalThe 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) Duties of interagency working groupAn 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) ReportThe 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) SunsetAn interagency working group established under paragraph (1) shall terminate on the date that is 3 years after the date that it is established.

42 U.S.C. § 1862u NSF support of research on opioid addiction

The Director of the National Science Foundation, in consultation with the Director of the National Institutes of Health, shall support merit-reviewed and competitively awarded research on the science of opioid addiction.

42 U.S.C. § 1862v National Science Foundation research

(a) In generalThe Director of the National Science Foundation, in consultation with the Director of the National Institutes of Health and the Director of the National Institute of Mental Health and taking into consideration prioritized research agendas or strategic plans, as appropriate, shall, subject to the availability of appropriations, award grants on a competitive, merit-reviewed basis to institutions of higher education (or consortia of such institutions) to support multidisciplinary, fundamental research with potential relevance to suicide, including potential relevance to prevention and treatment, including, but not limited to—(1) basic understanding of human social behavior; (2) the neural basis of human cognition; (3) basic understanding of cognitive, linguistic, social, cultural, and biological processes related to human development across the lifespan; (4) basic understanding of perceptual, motor, and cognitive processes, and their interaction, in typical human behavior; and (5) basic understanding of the relevance of drug and alcohol abuse. (b) Encouraging applications from early career researchersTo promote the development of early career researchers, in awarding funds under subsection (a), the Director of the National Science Foundation shall encourage applications submitted by early career researchers, including doctoral students or postdoctoral researchers.

42 U.S.C. § 1862w NSF support of research on impacts of social media on human trafficking

(a) DefinitionsIn this section:(1) Human traffickingThe term “human trafficking” means an act or practice described in section 7102(11) of title 22. (2) Social media platformThe term “social media platform” means a website or internet medium that—(A) permits a person to become a registered user, establish an account, or create a profile for the purpose of allowing users to create, share, and view user-generated content through such an account or profile; (B) enables 1 or more users to generate content that can be viewed by other users of the medium; and (C) primarily serves as a medium for users to interact with content generated by other users of the medium. (b) Support of researchThe Director of the National Science Foundation, in consultation with the Attorney General, the Secretary of Homeland Security, and the Secretary of Health and Human Services, shall support merit-reviewed and competitively awarded research on the impact of online social media platforms on the maintenance or expansion of human trafficking, which may include—(1) fundamental research on digital forensic tools or other technologies for verifying the authenticity of social media platform users and their materials, that are utilized in the promotion or operation of human trafficking networks; (2) fundamental research on privacy preserving technical tools that may aid law enforcement’s ability to identify and prosecute individuals or entities promoting or involved in human trafficking; (3) social and behavioral research related to social media platform users who engage with those promoting or involved in human trafficking; (4) research on the effectiveness of expanding public understanding, awareness, or law enforcement efforts in combating human trafficking through social media platforms; and (5) research awards coordinated with other Federal agencies and programs, including the Information Integrity Research and Development Interagency Working Group and the Privacy Research and Development Interagency Working Group of the Networking and Information Technology Research and Development Program, the Office for Victims of Crime of the Department of Justice, the Blue Campaign of the Department of Homeland Security, the Office to Monitor and Combat Trafficking in Persons of the Department of State, and activities of the Department of Transportation and the Advisory Committee on Human Trafficking. (c) SurvivorsTo the extent possible, the Director of the National Science Foundation shall ensure that research supported under subsection (b) incorporates the experiences, input, and safety and privacy concerns of human trafficking survivors. (d) Reports(1) Findings and recommendationsNot later than 1 year after January 5, 2023, the Director of the National Science Foundation shall report to the Committee on Commerce, Science, and Transportation of the Senate, the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives—(A) the Director’s findings with respect to the feasibility for research opportunities, including with the private sector social media platform companies, to improve the ability to combat human trafficking operations; and (B) any recommendations of the Director that could facilitate and improve communication and coordination among the private sector, the National Science Foundation, and relevant Federal agencies to improve the ability to combat human trafficking operations through social media. (2) Results of researchNot later than 4 years after January 5, 2023, the Director of the National Science Foundation shall report to the Committee on Commerce, Science, and Transportation of the Senate, the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives on the results of the research supported under this section.

42 U.S.C. § 1863 National Science Board

(a) Composition; appointment; establishment of policies of the FoundationThe 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) Executive Committee; delegation of powers and functionsThe Board shall have an Executive Committee as provided in section 1865 of this title, and may delegate to it or to the Director or both such of the powers and functions granted to the Board by this chapter as it deems appropriate. (c) Meetings; nominations; quorum; noticeThe persons nominated for appointment as members of the Board (1) shall be eminent in the fields of the basic, medical, or social sciences, engineering, agriculture, education, research management, or public affairs; (2) shall be selected solely on the basis of established records of distinguished service; and (3) shall be so selected as to provide representation of the views of scientific and engineering leaders in all areas of the Nation. In making nominations under this section, the President shall give due regard to equitable representation of scientists and engineers who are women or who represent minority groups. The President is requested, in the making of nominations of persons for appointment as members, to give due consideration to any recommendations for nomination which may be submitted to him by the National Academy of Sciences, the National Academy of Engineering, the National Association of State Universities and Land Grant Colleges, the Association of American Universities, the Association of American Colleges, the Association of State Colleges and Universities, or by other scientific, engineering, or educational organizations. (d) Term of office; reappointmentThe term of office of each member of the Board shall be six years; except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person, other than the Director, who has been a member of the Board for twelve consecutive years shall thereafter be ineligible for appointment during the two-year period following the expiration of such twelfth year. (e) Meetings; quorum; noticeThe 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) Election of Chairman and Vice Chairman; vacancyThe election of the Chairman and Vice Chairman of the Board shall take place at each annual meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Board shall elect a member to fill such vacancy. (g) Appointment and assignment of staff; compensation; security requirementsThe 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) Special commissionsThe Board is authorized to establish such special commissions as it may from time to time deem necessary for the purposes of this chapter. (i) Committees; survey and advisory functionsThe Board is also authorized to appoint from among its members such committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Board deems appropriate to assist it in exercising its powers and functions under this chapter. (j) Report to President; submittal to Congress(1) The Board shall render to the President and the Congress no later than March 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) Closed meetingsPortions of Board meetings in which the Board considers proposed Foundation budgets for a particular fiscal year may be closed to the public until the President’s budget for that fiscal year has been submitted to the Congress. (l) Financial disclosure report for Board membersMembers 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.; 11 See References in Text note below. 92 Stat. 1836), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure.

42 U.S.C. § 1864 Director of Foundation

(a) Appointment; compensation; term of officeThe 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) Exercise of authority of Foundation; actions as final and binding upon the FoundationExcept 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) Delegation and redelegation of functionsThe 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) Formulation of programsThe formulation of programs in conformance with the policies of the Foundation shall be carried out by the Director in consultation with the Board. (e) Authority to grant, contract, etc.; delegation of authority or imposition of conditions; reporting requirement(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) Status; power to vote and hold officeThe 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.

42 U.S.C. § 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.

42 U.S.C. § 1865 Executive Committee

(a) Composition; powers and functions; membership; chairmanThere 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) Election to membership; term of office; eligibility for reelectionAt 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) Term of vacancy appointmentAny 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) Reports; minority viewsThe 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.

42 U.S.C. § 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.

42 U.S.C. § 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.

42 U.S.C. § 1869 Scholarships and graduate fellowships

(a) In generalThe 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 and as will address national workforce demand in critical STEM fields. 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) AmountThe 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 at least $16,000, subject to any restrictions on the use of cost of education allowance as determined by the Director. (c) OutreachThe Director shall ensure program outreach to recruit fellowship applicants from fields of study that are in areas of critical national need from all regions of the country, and from historically underrepresented populations in STEM.

42 U.S.C. § 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.

42 U.S.C. § 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.

42 U.S.C. § 1869c Low-income scholarship program

(1) EstablishmentThe 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, computer science, or cybersecurity. (2) Eligibility(A) In generalTo 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, cybersecurity, or other technology and science programs designated by the Director. (B) AbilityAwards 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) LimitationThe amount of a scholarship awarded under this section shall be determined by the Director. The Director may renew scholarships for up to 5 years. (4) FundingThe 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) Federal RegisterNot later than 60 days after December 8, 2004, the Director shall publish in the Federal Register a list of eligible programs of study.

42 U.S.C. § 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; (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 11 See References in Text note below. of title 10 with all approvals and certifications required by such indemnification made by the Director; and (l) to provide for the widest practicable and appropriate dissemination of information within the United States concerning the Foundation’s activities and the results of those activities.

42 U.S.C. § 1870a Buy-American requirements

(a) Award of contractsThe 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) ReportThe 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. Such report shall be submitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committees on Labor and Human Resources and Commerce, Science, and Transportation of the Senate. (c) DefinitionsFor 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).

42 U.S.C. § 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.

42 U.S.C. § 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 11 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) 22 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.

42 U.S.C. § 1873 Employment of personnel

(a) Appointment; compensation; application of civil service provisions; technical and professional personnel; members of special commissions; temporary appointments; travel expenses(1) The Director shall, in accordance with such policies as the Board shall from time to time prescribe, appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this chapter. Except as provided in section 1863(h) 11 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) Operation of laboratories and pilot plantsThe Foundation shall not, itself, operate any laboratories or pilot plants. (c) Compensation of members of Board and special commissionsThe members of the Board and the members of each special commission shall be entitled to receive compensation for each day engaged in the business of the Foundation at a rate fixed by the Chairman but not exceeding the maximum rate payable under section 5376 of title 5 and shall be allowed travel expenses as authorized by section 5703 of title 5. For the purposes of determining the payment of compensation under this subsection, the time spent in travel by any member of the Board or any member of a special commission shall be deemed as time engaged in the business of the Foundation. Members of the Board and members of special commissions may waive compensation and reimbursement for traveling expenses. (d) Federal officers as members of special commissions; compensationPersons holding other offices in the executive branch of the Federal Government may serve as members of special commissions, but they shall not receive remuneration for their services as such members during any period for which they receive compensation for their services in such other offices. (e) Utilization of appropriations in making contractsIn making contracts or other arrangements for scientific or engineering research, the Foundation shall utilize appropriations available therefor in such manner as will in its discretion best realize the objectives of (1) having the work performed by organizations, agencies, and institutions, or individuals in the United States or foreign countries, including Government agencies of the United States and of foreign countries, qualified by training and experience to achieve the results desired, (2) strengthening the research staff of organizations, particularly nonprofit organizations, in the United States, (3) adding institutions, agencies, or organizations which, if aided, will advance scientific or engineering research, and (4) encouraging independent scientific or engineering research by individuals. (f) Transfer of research and education funds of other Government departments or agenciesFunds available to any department or agency of the Government for scientific or engineering research or education, or the provision of facilities therefor, shall be available for transfer, with the approval of the head of the department or agency involved, in whole or in part, to the Foundation for such use as is consistent with the purposes for which such funds were provided, and funds so transferred shall be expendable by the Foundation for the purposes for which the transfer was made. (g) “United States” definedFor purposes of this chapter, the term “United States” when used in a geographical sense means the States, the District of Columbia, the Commonwealth of Puerto Rico, and all territories and possessions of the United States. (h) Expiration of authorizationNotwithstanding any other provision of law, the authorization of any appropriation to the Foundation shall expire (unless an earlier expiration is specifically provided) at the close of the second fiscal year following the fiscal year for which the authorization was enacted, to the extent that such appropriation has not theretofore actually been made. (i) Public disclosure of information(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.

42 U.S.C. § 1874 Security provisions

(a) Nuclear energy research and developmentThe Foundation shall not support any research or development activity in the field of nuclear energy, nor shall it exercise any authority pursuant to section 1870(e) of this title in respect to that field, without first having obtained the concurrence of the Secretary of Energy that such activity will not adversely affect the common defense and security. To the extent that such activity involves restricted data as defined in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.] the provisions of that Act regarding the control of the dissemination of restricted data and the security clearance of those individuals to be given access to restricted data shall be applicable. Nothing in this chapter shall supersede or modify any provision of the Atomic Energy Act of 1954. (b) Research relating to national defense(1) In the case of scientific or engineering research activities under this chapter in connection with matters relating to the national defense, with respect to which funds have been transferred to the Foundation from the Department of Defense in accordance with the provisions of section 1873(f) of this title, the Secretary of Defense shall establish such security requirements and safeguards, including restrictions with respect to access to information and property, as he deems necessary. (2) In the case of scientific or engineering research activities under this chapter in connection with matters relating to the national defense other than research activities referred to in paragraph (1) of this subsection, the Foundation shall establish such security requirements and safeguards, including restrictions with respect to access to information and property, as it deems necessary. (3) Any agency of the Government exercising investigatory functions is authorized to make such investigations and reports as may be requested by the Foundation in connection with the enforcement of security requirements and safeguards, including restrictions with respect to access to information and property, established under paragraph (1) or (2) of this subsection.

42 U.S.C. § 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.

42 U.S.C. § 1875a National Science Foundation Nonrecurring Expenses Fund

There is hereby established in the Treasury of the United States a fund to be known as the “National Science Foundation Nonrecurring Expenses Fund” (the Fund). Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the National Science Foundation by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund. Amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information and business technology system modernization and facilities infrastructure improvements, including nonrecurring maintenance, necessary for the operation of the Foundation or its funded research facilities, subject to approval by the Office of Management and Budget. Amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds.

42 U.S.C. § 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.

42 U.S.C. § 1881 Award of National Medal of Science

(a) RecommendationsThe 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) NumberNot more than twenty individuals may be awarded the medal in any one calendar year. (c) CitizenshipAn 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) CeremoniesThe 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.

42 U.S.C. § 1881a Alan T. Waterman Award

(a) Establishment; amounts; termsThe 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) PurposeAwards 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) NumberNot more than three awards may be made under this section in any one fiscal year.

42 U.S.C. § 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 110 awards under subparagraph (A). (C) In selecting teachers for an award authorized by this subsection, the President shall select—(i) 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 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; and (ii) at least one teacher—(I) from the Commonwealth of the Northern Mariana Islands; (II) from American Samoa; (III) from the Virgin Islands of the United States; and (IV) from Guam. (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.

42 U.S.C. § 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.

42 U.S.C. § 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.

42 U.S.C. § 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.

42 U.S.C. § 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, to acquire new knowledge, techniques, and skills in scientific and engineering fields; (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.

42 U.S.C. § 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.

42 U.S.C. § 1885c Committee on Equal Opportunities in Science and Engineering

(a) Establishment; purposesThere 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) Membership; Chairperson; term of membersEach 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) Responsibilities of CommitteeThe 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) Standing or ad hoc subcommitteesThe Committee may organize such standing or ad hoc subcommittees as the Committee finds appropriate. (e) Biennial reportEvery 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.

42 U.S.C. § 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.

42 U.S.C. § 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.

42 U.S.C. § 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.

42 U.S.C. § 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 3861 of title 10, with all approvals and certifications required thereby made by the Director of the National Science Foundation.