Title 42The Public Health and WelfareRelease 119-73

§1862n–5 Board meetings; audits; reports; scholarship eligibility

Title 42 › Chapter CHAPTER 16— - NATIONAL SCIENCE FOUNDATION › § 1862n–5

Last updated Apr 6, 2026|Official source

Summary

All meetings of the Board and any groups made up of Board members—like committees, subcommittees, or task forces—must follow section 552b of title 5 so the Board’s decision process is open and clear. The rule applies when enough members are present (a quorum). The Inspector General will review whether the Board is following these rules when needed, based on a triennial (every three years) risk assessment. Any review must check what was planned and what actually happened in closed meetings and decide if closing them was allowed under section 552b of title 5. To help with that review and the three-year risk check, the Office of the National Science Board must keep 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 the meeting. The Director must not exclude part-time students from being eligible for scholarships under the Computer Science, Engineering, and Mathematics Scholarship program.

Full Legal Text

Title 42, §1862n–5

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)
(2)To 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)The 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)To 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)
(d)The Director shall not exclude part-time students from eligibility for scholarships under the Computer Science, Engineering, and Mathematics Scholarship program.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 15 of Pub. L. 107–368. Subsecs. (a)(1) and (c) of section 15 of Pub. L. 107–368 amended section 1863 of this title, and subsec. (b) of section 15 of Pub. L. 107–368 amended section 1873 of this title. Section was enacted as part of the National Science Foundation Authorization Act of 2002, and not as part of the National Science Foundation Act of 1950 which comprises this chapter.

Amendments

2022—Subsec. (a)(3). Pub. L. 117–167, § 10399E(1), amended par. (3) generally. Prior to amendment, text read as follows: “The Inspector General of the Foundation shall conduct an audit every three years of the compliance by the Board with the requirements described in paragraph (2). The audit 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.” Subsec. (a)(4), (5). Pub. L. 117–167, § 10399E(2), added par. (4) and struck out former pars. (4) and (5) which related to transmission of audit report every three years by the Inspector General and maintenance of materials relating to closed portions of meeting, respectively. 2011—Subsec. (a)(2). Pub. L. 111–358 substituted “To ensure transparency of the Board’s entire decision-making process, including deliberations on Board business occurring within its various subdivisions, the Board” for “The Board” and inserted at end “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.” 2007—Subsec. (a)(3). Pub. L. 110–69, § 7015(a)(1), substituted “an audit every three years” for “an annual audit”. Subsec. (a)(4). Pub. L. 110–69, § 7015(a)(2), substituted “every third year” for “each year”. Subsec. (a)(5). Pub. L. 110–69, § 7015(a)(3), added par. (5).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. Definitions For definitions of terms used in this section, see section 4 of Pub. L. 107–368, set out as a note under section 1862n of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1862n–5

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73