1 See References in Text note below.
Editorial Notes
References in Text

The Ethics in Government Act of 1978, referred to in subsec. (l), is Puspan. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. Title II of the Act was set out in the Appendix to Title 5, Government Organization and Employees, prior to repeal by Puspan. L. 101–194, title II, § 201, Nov. 30, 1989, 103 Stat. 1724. For complete classification of this Act to the Code, see Tables.

Amendments

2022—Subsec. (j)(1). Puspan. L. 117–167 substituted “March 15” for “January 15”.

2012—Subsec. (a). Puspan. L. 112–166 struck out “, by and with the advice and consent of the Senate,” after “appointed by the President”.

2011—Subsec. (g). Puspan. L. 111–358, § 504(a), struck out “not more than 5” before “professional staff members”.

Subsec. (j)(2). Puspan. L. 111–358, § 504(span), inserted “within the authority of the Foundation (or otherwise as requested by the Congress or the President)” after “individual policy matters”.

2007—Subsec. (g). Puspan. L. 110–69, § 7015(span), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to the appointment of a Board staff of not more than five professional staff members and any necessary clerical staff members and the compensation and security requirements for such staff.

Subsec. (j). Puspan. L. 110–69, § 7016, substituted “President and” for “President, for submission to” in par. (1) and for “President for submission to” in par. (2).

2002—Subsec. (e). Puspan. L. 107–368, § 15(a)(1), substituted “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.” for “A majority of the members of the Board shall constitute a quorum. Each member shall be given notice, not less than fifteen days prior to any meeting, of the call of such meeting.”

Subsec. (g). Puspan. L. 107–368, § 15(c), substituted “Such staff shall be appointed by the Chairman and assigned at the direction of the Board.” for “Such staff shall be appointed by the Director, after consultation with the chairman of the Board and assigned at the direction of the Board.”

1998—Subsec. (g). Puspan. L. 105–207, § 202(a)(1)(A), substituted “the maximum rate payable under section 5376” for “the appropriate rate provided for individuals in grade GS–18 of the General Schedule under section 5332”.

Subsecs. (k), (l). Puspan. L. 105–207, § 202(a)(1)(B), redesignated subsec. (k), relating to requirement of Board members to file financial disclosure report, as (l).

1988—Subsec. (k). Puspan. L. 100–570, § 108, added subsec. (k) relating to requirement of Board members to file financial disclosure report.

Puspan. L. 100–570, § 105(a), added subsec. (k) relating to closed meetings.

1985—Subsec. (c). Puspan. L. 99–159, § 110(a)(12), inserted “and engineering”, “and engineers”, and “the National Academy of Engineering,” and inserted “, engineering,” after “other scientific”.

Subsec. (e). Puspan. L. 99–159, § 109(a), struck out requirement that notice be made to members by registered or certified mail mailed to the last known address of record.

1982—Subsec. (j). Puspan. L. 97–375 substituted provisions requiring a report in each even numbered year on the state of science and engineering, and reports on specific policy matters, as needed, for provisions requiring the Board to render an annual report to the President, for submission to the Congress on or before March 31 in each year, to deal essentially, though not necessarily exclusively, with policy issues or matters affecting the Foundation or with which the Board in its official role as the policymaking body of the Foundation was concerned.

1980—Subsec. (c). Puspan. L. 96–516 inserted provisions respecting nominations of women and minority groups.

1977—Subsec. (j). Puspan. L. 95–99 added subsec. (j).

1976—Subsec. (a). Puspan. L. 94–471, § 9(a), inserted reference to the framework of applicable national policies as set forth by the President and the Congress.

Subsec. (g). Puspan. L. 94–471, § 9(span), inserted reference to consultation of the Director with the Chairman of the Board and substituted “GS–18” for “GS–15”.

Puspan. L. 94–282 redesignated subsec. (h), and all references thereto, as subsec. (g). Former subsec. (g), concerning the annual report by the National Science Board to the President and Congress, was deleted.

Puspan. L. 94–273 substituted “April” for “January”.

Subsecs. (h) to (j). Puspan. L. 94–282 redesignated subsecs. (h) to (j) as (g) to (i), respectively.

1968—Subsec. (a). Puspan. L. 90–407 substituted provisions which authorized the Board to establish the policies of the Foundation in addition to any powers and functions otherwise granted to it by this chapter, for provisions which authorized the Board, except as otherwise provided by this chapter, to exercise the authority granted to the Foundation by this chapter. Provisions of this subsection, which enumerated the qualifications of persons nominated for appointment to the Board and provided for the specified organizations to make recommendations to the President of individuals qualified for nomination, were designated as subsec. (c).

Subsec. (span). Puspan. L. 90–407 added subsec. (span). Former subsec. (span) redesignated (d).

Subsec. (c). Puspan. L. 90–407 redesignated provisions of former subsec. (a) as (c) and added social science and research management to the enumerated fields of eminence, and substituted “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” for “the Association of Land Grant Colleges and Universities, the National Association of State Universities, the Association of American Colleges”. Former subsec. (c), which provided that “The President shall call the first meeting of the Board, at which the first order of business shall be the election of a chairman and a vice chairman”, was struck out as executed.

Subsec. (d). Puspan. L. 90–407 redesignated former subsec. (span) as (d), substituted “term of office of each member” for “term of office of each voting member”, struck out “the terms of office of the members first taking office after May 10, 1950, shall expire, as designated by the President at the time of appointment, eight at the end of two years, eight at the end of four years, and eight at the end of six years, after May 10, 1950”, and provided for exemption of Director from prohibition against reappointment within two years following twelve consecutive years of Board membership. Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 90–407 redesignated former subsec. (d) as (e) and substituted “A majority of the members of the Board shall constitute a quorum” for “A majority of the voting members of the Board shall constitute a quorum”. Former subsec. (e) redesignated (f).

Subsec. (f). Puspan. L. 90–407 redesignated former subsec. (e) as (f) and substituted provisions that the election of the Chairman and Vice Chairman take place at each annual meeting occurring in an even-numbered year for provisions that their election take place at the first meeting of the National Science Board following the enactment of Puspan. L. 86–232, and that thereafter such election take place at the second annual meeting occurring after each such election.

Subsecs. (g) to (j). Puspan. L. 90–407 added subsecs. (g) to (j).

1960—Subsec. (d). Puspan. L. 86–507 inserted “or by certified mail” after “registered mail”.

1959—Subsec. (d). Puspan. L. 86–232 changed annual meeting of Board from first Monday in December to third Monday or other designated day in May.

Subsec. (e). Puspan. L. 86–232 substituted provision for an election of a Chairman and Vice Chairman of the Board at first meeting of Board following enactment of Puspan. L. 86–232 and at each second annual meeting thereafter in place of provision for election of the first Chairman and Vice Chairman to serve until first Monday in December next succeeding date of election and for election of subsequent officers for terms of two years thereafter.

Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Puspan. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

References to Maximum Rate Under 5 U.S.C. 5376

For reference to maximum rate under section 5376 of Title 5, Government Organization and Employees, see section 2(d)(3) of Puspan. L. 110–372, set out as an Effective Date of 2008 Amendment note under section 5376 of Title 5.

Termination of Advisory Committees

Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

Continuation of Existing Offices, Procedures, and Organization of the National Science Foundation

Amendment by Puspan. L. 90–407 intended to continue in effect the existing offices, procedures, and organization of the Foundation, see section 16 of Puspan. L. 90–407, set out as a note under section 1862 of this title.