Authorizing Legislation of the SED Sponsoring Agencies

ATTACHMENT 3
AUTHORIZING LEGISLATION OF THE SED SPONSORING AGENCIES
THE NATIONAL SCIENCE FOUNDATION
SECTION I
NATIONAL SCIENCE FOUNDATION ACT OF 1950
FUNCTIONS (42 U.S.C. §1862)
§ 1862. Functions
(a) Initiation and support of studies and programs; scholarships; current register of scientific and
engineering personnel
The Foundation is authorized and directed—
(1) to initiate and support basic scientific research and programs to strengthen scientific research
potential and science education programs at all levels in the mathematical, physical, medical, biological,
social, and other sciences, and to initiate and support research fundamental to the engineering process and
programs to strengthen engineering research potential and engineering education programs at all levels in
the various fields of engineering, by making contracts or other arrangements (including grants, loans, and
other forms of assistance) to support such scientific, engineering, and educational activities and to
appraise the impact of research upon industrial development and upon the general welfare;
(2) to award, as provided in section 1869 of this title, scholarships and graduate fellowships for study
and research in the sciences or in engineering;
(3) to foster the interchange of scientific and engineering information among scientists and engineers in
the United States and foreign countries;
(4) to foster and support the development and use of computer and other scientific and engineering
methods and technologies, primarily for research and education in the sciences and engineering;
(5) to evaluate the status and needs of the various sciences and fields of engineering as evidenced by
programs, projects, and studies undertaken by agencies of the Federal Government, by individuals, and by
public and private research groups, employing by grant or contract such consulting services as it may
deem necessary for the purpose of such evaluations; and to take into consideration the results of such
evaluations in correlating the research and educational programs undertaken or supported by the
Foundation with programs, projects, and studies undertaken by agencies of the Federal Government, by
individuals, and by public and private research groups;
(6) to provide a central clearinghouse for the collection, interpretation, and analysis of data on
scientific and engineering resources and to provide a source of information for policy formulation by
other agencies of the Federal Government;
(7) to initiate and maintain a program for the determination of the total amount of money for scientific
and engineering research, including money allocated for the construction of the facilities wherein such
research is conducted, received by each educational institution and appropriate nonprofit organization in
the United States, by grant, contract, or other arrangement from agencies of the Federal Government, and
to report annually thereon to the President and the Congress; and
(8) to take a leading role in fostering and supporting research and education activities to improve the
security of networked information systems.
BIENNIAL REPORT (42 U.S.C. §1885d)
§ 1885d. Biennial reports
(a) By January 30, 1982, and biennially thereafter, 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) of this section 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)

(3)

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
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.

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THE NATIONAL INSTITUTES OF HEALTH
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A--PUBLIC HEALTH SERVICE
SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
Part A--National Institutes of Health
Sec. 282. Director of National Institutes of Health
(a) Appointment
The National Institutes of Health shall be headed by the Director of the National Institutes of
Health (hereafter in this subchapter referred to as the ``Director of NIH'') who shall be appointed
by the President by and with the advice and consent of the Senate. The Director of NIH shall
perform functions as provided under subsection (b) of this section and as the Secretary may
otherwise prescribe.
(b) Duties and authority
In carrying out the purposes of section 241 of this title, the Secretary, acting through
the Director of NIH-(1) shall be responsible for the overall direction of the National Institutes of Health
and for the establishment and implementation of general policies respecting the
management and operation of programs and activities within the National Institutes
of Health;
(2) shall coordinate and oversee the operation of the national research institutes and
administrative entities within the National Institutes of Health;
(3) shall assure that research at or supported by the National Institutes of Health is subject to
review in accordance with section 289a of this title;
(4) for the national research institutes and administrative entities within the National
Institutes of Health-(A) may acquire, construct, improve, repair, operate, and maintain, at the site of such
institutes and entities, laboratories, and other research facilities, other facilities,
equipment, and other real or personal property, and
(B) may acquire, without regard to section 34 of title 40, by lease or otherwise
through the Administrator of General Services, buildings or parts of buildings in the
District of Columbia or communities located adjacent to the District of Columbia for
use for a period not to exceed ten years;
(5) may secure resources for research conducted by or through the National Institutes of
Health;
(6) may, without regard to the provisions of title 5 governing appointments in the
competitive service, and without regard to the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and General Schedule pay rates,
establish such technical and scientific peer review groups and scientific program advisory
committees as are needed to carry out the requirements of this subchapter and appoint and
pay the members of such groups, except that officers and employees of the United States
shall not receive additional compensation for service as members of such groups;
(7) may secure for the National Institutes of Health consultation services and advice of
persons from the United States or abroad;
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(8) may use, with their consent, the services, equipment, personnel, information, and
facilities of other Federal, State, or local public agencies, with or without reimbursement
therefore;
(9) may, for purposes of study, admit and treat at facilities of the National Institutes of
Health individuals not otherwise eligible for such treatment;
(10) may accept voluntary and uncompensated services;
(11) may perform such other administrative functions as the Secretary determines are
needed to effectively carry out this subchapter;
(12) after consultation with the Director of the Office of Research on Women's Health, shall
ensure that resources of the National Institutes of Health are sufficiently allocated for
projects of research on women's health that are identified under section 287d(b) of this title;
(13) may conduct and support research training-(A) for which fellowship support is not provided under section 288 of this title; and
(B) which does not consist of residency training of physicians or other health
professionals; and
(14) may appoint physicians, dentists, and other health care professionals, subject to the
provisions of title 5 relating to appointments and classifications in the competitive service,
and may compensate such professionals subject to the provisions of chapter 74 of title 38.
The Federal Advisory Committee Act shall not apply to the duration of a peer review group
appointed under paragraph (6). The members of such a group shall be individuals who by virtue
of their training or experience are eminently qualified to perform the review functions of such
group. Not more than one-fourth of the members of any such group shall be officers or
employees of the United States.
(c) Availability of substances and organisms for research
The Director of NIH may make available to individuals and entities, for biomedical and
behavioral research, substances and living organisms. Such substances and organisms shall
be made available under such terms and conditions (including payment for them) as the
Secretary determines appropriate.
(d) Services of experts or consultants; number; payment of expenses, conditions, recovery
(1) The Director of NIH may obtain (in accordance with section 3109 of title 5, but without
regard to the limitation in such section on the period of service) the services of not more than
220 experts or consultants, with scientific or other professional qualifications, for the National
Institutes of Health.
(2)(A) Except as provided in subparagraph (B), experts and consultants whose services are
obtained under paragraph (1) shall be paid or reimbursed, in accordance with title 5, for
their travel to and from their place of service and for other expenses associated with their
assignment.
B) Expenses specified in subparagraph (A) shall not be allowed in connection with the
assignment of an expert or consultant whose services are obtained under paragraph (1)
unless the expert or consultant has agreed in writing to complete the entire period of the
assignment or one year of the assignment, whichever is shorter, unless separated or
reassigned for reasons which are beyond the control of the expert or consultant and which
are acceptable to the Secretary. If the expert or consultant violates the agreement, the
money spent by the United States for such expenses is recoverable from the expert or
consultant as a debt due the United States. The Secretary may waive in whole or in part a
right of recovery under this subparagraph.
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(e) Dissemination of research information
The Director of NIH shall-(1) advise the agencies of the National Institutes of Health on medical applications of
research;
(2) coordinate, review, and facilitate the systematic identification and evaluation of,
clinically relevant information from research conducted by or through the national research
institutes;
(3) promote the effective transfer of the information described in paragraph (2) to the health
care community and to entities that require such information;
(4) monitor the effectiveness of the activities described in paragraph (3); and
(5) ensure that, after January 1, 1994, all new or revised health education and promotion
materials developed or funded by the National Institutes of Health and intended for the
general public are in a form that does not exceed a level of functional literacy, as defined in
the National Literacy Act of 1991 (Public Law 102-73).
(f) Associate Director for Prevention; functions
There shall be in the National Institutes of Health an Associate Director for Prevention. The
Director of NIH shall delegate to the Associate Director for Prevention the functions of the
Director relating to the promotion of the disease prevention research programs of the national
research institutes and the coordination of such programs among the national research
institutes and between the national research institutes and other public and private entities,
including elementary, secondary, and post-secondary schools. The Associate director shall-(1) annually review the efficacy of existing policies and techniques used by the national
research institutes to disseminate the results of disease prevention and behavioral research
programs; and
(2) recommend, coordinate, and oversee the modification or reconstruction of such policies
and techniques to ensure maximum dissemination, using advanced technologies to the
maximum extent practicable, of research results to such entities.
(g) Enhancing competitiveness of certain entities in obtaining research funds
(1)(A) In the case of entities described in subparagraph (B), the Director of NIH, acting
through the Director of the National Center for Research Resources, shall establish a
program to enhance the competitiveness of such entities in obtaining funds from the
national research institutes for conducting biomedical and behavioral research.
(B) The entities referred to in subparagraph (A) are entities that conduct biomedical and
behavioral research and are located in a State in which the aggregate success rate for
applications to the national research institutes for assistance for such research by the
entities in the State has historically constituted a low success rate of obtaining such funds,
relative to such aggregate rate for such entities in other States.
(C) With respect to enhancing competitiveness for purposes of subparagraph (A), the
Director of NIH, in carrying out the program established under such subparagraph, may-(i) provide technical assistance to the entities involved, including technical
assistance in the preparation of applications for obtaining funds from the national
research institutes;
(ii) assist the entities in developing a plan for biomedical or behavioral research
proposals; and
(iii) assist the entities in implementing such plan.

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(2) The Director of NIH shall establish a program of supporting projects of biomedical or
behavioral research whose principal researchers are individuals who have not previously
served as the principal researchers of such projects supported by the Director.
(h) Increased participation of women and disadvantaged individuals in biomedical and
behavioral research
The Secretary, acting through the Director of NIH and the Directors of the agencies of the
National Institutes of Health, shall, in conducting and supporting programs for research, research
training, recruitment, and other activities, provide for an increase in the number of women and
individuals from disadvantaged backgrounds (including racial and ethnic minorities) in the fields
of biomedical and behavioral research.
(i) Discretionary fund; uses; report to Congressional committees; authorization of appropriations
(1) There is established a fund, consisting of amounts appropriated under paragraph (3) and
made available for the fund, for use by the Director of NIH to carry out the activities
authorized in this chapter for the National Institutes of Health. The purposes for which such
fund may be expended include-(A) providing for research on matters that have not received significant funding relative to
other matters, responding to new issues and scientific emergencies, and acting on research
opportunities of high priority;
(B) supporting research that is not exclusively within the authority of any single agency of
such Institutes; and
(C) purchasing or renting equipment and quarters for activities of such Institutes.
(2) Not later than February 10 of each fiscal year, the Secretary shall submit to the Committee
on Energy and Commerce of the House of Representatives, and to the Committee on Labor
and Human Resources of the Senate, a report describing the activities undertaken and
expenditures made under this section during the preceding fiscal year. The report may
contain such comments of the Secretary regarding this section as the Secretary determines
to be appropriate.
(3) For the purpose of carrying out this subsection, there are authorized to be appropriated
$25,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal
years 1995 and 1996.
(j) Data bank of information on clinical trials for drugs for serious or life-threatening diseases
and conditions
(1)(A) The Secretary, acting through the Director of NIH, shall establish, maintain, and
operate a data bank of information on clinical trials for drugs for serious or life-threatening
diseases and conditions (in this subsection referred to as the ``data bank''). The activities of
the data bank shall be integrated and coordinated with related activities of other agencies of
the Department of Health and Human Services, and to the extent practicable, coordinated
with other data banks containing similar information.
(B) The Secretary shall establish the data bank after consultation with the Commissioner of
Food and Drugs, the directors of the appropriate agencies of the National Institutes of
Health (including the National Library of Medicine), and the Director of the Centers for
Disease Control and Prevention.
(2) In carrying out paragraph (1), the Secretary shall collect, catalog, store, and disseminate
the information described in such paragraph. The Secretary shall disseminate such
information through information systems, which shall include toll-free telephone
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communications, available to individuals with serious or life-threatening diseases and
conditions, to other members of the public, to health care providers, and to researchers.
(3) The data bank shall include the following:
(A) A registry of clinical trials (whether federally or privately funded) of experimental
treatments for serious or life-threatening diseases and conditions under regulations
promulgated pursuant to section 355(i) of title 21, which provides a description of the
purpose of each experimental drug, either with the consent of the protocol sponsor, or when
a trial to test effectiveness begins. Information provided shall consist of eligibility criteria
for participation in the clinical trials, a description of the location of trial sites, and a point
of contact for those wanting to enroll in the trial, and shall be in a form that can be readily
understood by members of the public. Such information shall be forwarded to the data bank
by the sponsor of the trial not later than 21 days after the approval of the protocol.
(B) Information pertaining to experimental treatments for serious or life-threatening
diseases and conditions that may be available-(i) under a treatment investigational new drug application that has been submitted to the
Secretary under section 360bbb(c) of title 21; or
(ii) as a Group C cancer drug (as defined by the National Cancer Institute).
The data bank may also include information pertaining to the results of clinical trials of such
treatments, with the consent of the sponsor, including information concerning potential
toxicities or adverse effects associated with the use or administration of such experimental
treatments.
(4) The data bank shall not include information relating to an investigation if the sponsor has
provided a detailed certification to the Secretary that disclosure of such information would
substantially interfere with the timely enrollment of subjects in the investigation, unless the
Secretary, after the receipt of the certification, provides the sponsor with a detailed written
determination that such disclosure would not substantially interfere with such enrollment.
(5) For the purpose of carrying out this subsection, there are authorized to be appropriated
such sums as may be necessary. Fees collected under section 379h of title 21 shall not be used
in carrying out this subsection.
(k) Day care for children of employees
(1) The Director of NIH may establish a program to provide day care services for the
employees of the National Institutes of Health similar to those services provided by other
Federal agencies (including the availability of day care service on a 24-hour-a-day basis).
(2) Any day care provider at the National Institutes of Health shall establish a sliding scale of
fees that takes into consideration the income and needs of the employee.
(3) For purposes regarding the provision of day care services, the Director of NIH may enter
into rental or lease purchase agreements.
(l) Interagency research on trauma
The Director of NIH shall carry out the program established in part F of subchapter X of this
chapter (relating to interagency research on trauma).
(July 1, 1944, ch. 373, title IV, Sec. 402, as added Pub. L. 99-158, Sec. 2, Nov. 20, 1985, 99 Stat.
823; amended Pub. L. 100-607, title I, Sec. 111, Nov. 4, 1988, 102 Stat. 3052; Pub. L. 102-321,
title I, Sec. 163(b)(3), July 10, 1992, 106 Stat. 376; Pub. L. 103-43, title I, Sec. 141(b), title II,
Secs. 201, 202, 206, 208, 210(b), (c), title III, Sec. 303(b), June 10, 1993, 107 Stat. 139, 144,
148-150, 153; Pub. L. 105-115, title I, Sec. 113(a), Nov. 21, 1997, 111 Stat. 2310; Pub. L.
105-362, title VI, Sec. 601(a)(1)(A), Nov. 10, 1998, 112 Stat. 3285; Pub. L. 105-392, title IV,
Sec. 409, Nov. 13, 1998, 112 Stat. 3589.)
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References in Text
The provisions of title 5 governing appointments in the competitive service, referred to in
subsec. (b)(6), (14), are classified generally to section 3301 et seq. of Title 5, Government
Organization and Employees.
The General Schedule, referred to in subsec. (b)(6), is set out under section 5332 of Title 5,
Government Organization and Employees. The provisions of title 5 relating to classifications,
referred to in subsec. (b)(14), are classified generally to chapter 51 (Sec. 5101 et seq.) and to
subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5, Government Organization and
Employees. The Federal Advisory Committee Act, referred to in subsec. (b), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title
5, Government Organization and Employees. The provisions of title 5 relating to
reimbursement for travel expenses, referred to in subsec. (d)(2)(A), are classified generally to
section 5701 et seq. of Title 5, Government Organization and Employees. The National
Literacy Act of 1991, referred to in subsec. (e)(5), is Pub. L. 102-73, July 25, 1991, 105 Stat.
333, as amended, which was repealed by Pub. L. 105-220, title II, Sec. 251(a)(2), Aug. 7, 1998,
112 Stat. 1079. For complete classification of this Act to the Code, see
Tables.
Amendments
1998--Subsec. (b)(13), (14). Pub. L. 105-392 added pars. (13) and (14).
Subsec. (f). Pub. L. 105-362 inserted ``and'' at end of par. (1), substituted a period for ``; and''
at end of par. (2), and struck out par. (3) which read as follows: ``annually prepare and submit to
the Director of NIH a report concerning the prevention and dissemination activities undertaken
by the Associate Director, including-``(A) a summary of the Associate Director's review of existing dissemination policies and
techniques together with a detailed statement concerning any modification or restructuring, or
recommendations for modification or restructuring, of such policies and techniques; and
``(B) a detailed statement of the expenditures made for the prevention and dissemination
activities reported on and the personnel used in connection with such activities.''1997-Subsecs. (j) to (l). Pub. L. 105-115 added subsec. (j) and redesignated former subsecs. (j)
and (k) as (k) and (l), respectively. 1993--Subsec. (b)(12). Pub. L. 103-43, Sec. 141(b),
added par. (12). Subsec. (e)(5). Pub. L. 103-43, Sec. 210(b), added par. (5). Subsec. (f).
Pub. L. 103-43, Sec. 201, substituted ``other public and private entities, including
elementary, secondary, and post-secondary schools. The Associate Director shall--'' and
pars. (1) to (3) for ``other public and private entities. The Associate Director shall
annually report to the Director of NIH on the prevention activities undertaken by the
Associate Director. The report shall include a detailed statement of the expenditures made
for the activities reported on and the personnel used in connection with such activities''.
Subsec. (g). Pub. L. 103-43, Sec. 202, added subsec. (g).
Subsec. (h). Pub. L. 103-43, Sec. 206, added subsec. (h).
Subsec. (i). Pub. L. 103-43, Sec. 208, added subsec. (i).
Subsec. (j). Pub. L. 103-43, Sec. 210(c), added subsec. (j).
Subsec. (k). Pub. L. 103-43, Sec. 303(b), added subsec. (k).
1992--Subsec. (d)(1). Pub. L. 102-321 substituted ``220'' for ``two hundred''.
1988--Subsec. (b)(6). Pub. L. 100-607 inserted ``and scientific program advisory committees''
after ``peer review groups''.
Change of Name

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Committee on Energy and Commerce of House of Representatives treated as referring to
Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104-14, set out
as a note preceding section 21 of Title 2, The Congress.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-115 effective 90 days after Nov. 21, 1997, except as otherwise
provided, see section 501 of Pub. L. 105-115, set out as a note under section 321 of Title 21,
Food and Drugs.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with provision for programs providing
financial assistance, see section 801(c), (d) of Pub. L. 102-321, set out as a note under section
236 of this title.
Collaboration and Report
Section 113(b) of Pub. L. 105-115 provided that:
``(1) In general.--The Secretary of Health and Human Services, the Director of the National
Institutes of Health, and the Commissioner of Food and Drugs shall collaborate to determine
the feasibility of including device investigations within the scope of the data bank under
section 402(j) of the Public Health Service Act [subsec. (j) of this section].
``(2) Report.--Not later than two years after the date of enactment of this section [Nov. 21,
1997], the Secretary of Health and Human Services shall prepare and submit to the
Committee on Labor and Human Resources of the Senate and the Committee on Commerce
of the House of Representatives a report-``(A) of the public health need, if any, for inclusion of device investigations within the
scope of the data bank under section 402(j) of the Public Health Service Act;
``(B) on the adverse impact, if any, on device innovation and research in the United States if
information relating to such device investigations is required to be publicly disclosed; and
``(C) on such other issues relating to such section 402(j) as the Secretary determines to be
appropriate.''
Chronic Fatigue Syndrome; Experts and Research Representatives on Advisory Committees
and Boards
Section 902(c) of Pub. L. 103-43 provided that: ``The Secretary of Health and Human
Services, acting through the Director of the National Institutes of Health, shall ensure that
appropriate individuals with expertise in chronic fatigue syndrome or neuromuscular diseases
and representative of a variety of disciplines and fields within the research community are
appointed to appropriate National Institutes of Health advisory committees and boards.''
Third-Party Payments Regarding Certain Clinical Trials and Certain LifeThreatening Illnesses
Section 1901(a) of Pub. L. 103-43 provided that: ``The Secretary of Health and Human
Services, acting through the Director of the National Institutes of Health, shall conduct a study
for the purpose of-``(1) determining the policies of third-party payors regarding the payment of the costs of
appropriate health services that are provided incident to the participation of individuals as
subjects in clinical trials conducted in the development of drugs with to acquired immune
deficiency syndrome, cancer, and other life-threatening illnesses; and
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``(2) developing recommendations regarding such policies.''
Personnel Study of Recruitment, Retention and Turnover
Section 1905 of Pub. L. 103-43 directed Secretary of Health and Human Services, acting
through Director of National Institutes of Health, to conduct a study to review the retention,
recruitment, vacancy and turnover rates of support staff, including firefighters, law enforcement,
procurement officers, technicians, nurses and clerical employees, to ensure that National
Institutes of Health is adequately supporting conduct of efficient, effective and high quality
research for the American public, and to submit a report to Congress on results of such study not
later than 1 year after June 10, 1993.
Chronic Pain Conditions
Section 1907 of Pub. L. 103-43 directed Director of the National Institutes of Health to submit
to Congress, not later than 2 years after June 10, 1993, a report and study on the incidence in the
United States of cases of chronic pain, including chronic pain resulting from back injuries, reflex
sympathetic dystrophy syndrome, temporomandibular joint disorder, post-herpetic neuropathy,
painful diabetic neuropathy, phantom pain, and post-stroke pain, and the effect of such cases on
the costs of health care in the United States.
Support for Bioengineering Research
Section 1912 of Pub. L. 103-43 directed Secretary of Health and Human Services, acting
through Director of the National Institutes of Health, to conduct a study for the purpose of
determining the sources and amounts of public and private funding devoted to basic research in
bioengineering, including biomaterials sciences, cellular bioprocessing, tissue and rehabilitation
engineering, evaluating whether that commitment is sufficient to maintain the innovative edge
that the United States has in these technologies, evaluating the role of the National Institutes of
Health or any other Federal agency to achieve a greater commitment to innovation in
bioengineering, and evaluating the need for better coordination and collaboration among Federal
agencies and between the public and private sectors, and, not later than 1 year after June
10, 1993, to prepare and submit to Committee on Labor and Human Resources of Senate, and
Committee on Energy and Commerce of House of Representatives, a report containing the
findings of the study together with recommendations concerning the enactment of legislation to
implement the results of such study.
Master Plan for Physical Infrastructure for Research
Section 2002 of Pub. L. 103-43 directed Secretary of Health and Human Services, acting
through Director of the National Institutes of Health, not later than June 1, 1994, to present to
Congress a master plan to provide for replacement or refurbishment of less than adequate
buildings, utility equipment and distribution systems (including the resources that provide
electrical and other utilities, chilled water, air handling, and other services that the Secretary,
acting through the Director, deemed necessary), roads, walkways, parking areas, and grounds
that underpin the laboratory and clinical facilities of the National Institutes of Health, and
provided that the plan could make recommendations for the undertaking of new projects that are
consistent with the objectives of this section, such as encircling the National Institutes of Health
Federal enclave with an adequate chilled water conduit.
Section Referred to in Other Sections
This section is referred to in sections 283, 284, 285g-4, 289a of this title; title 21 section
360bbb.
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THE UNITED STATES DEPARTMENT OF EDUCATION
PUBLIC LAW 107–279—NOV. 5, 2002
EDUCATION SCIENCES REFORM
116 STAT. 1940 PUBLIC LAW 107–279—NOV. 5, 2002
Public Law 107–279
107th Congress
The following sections of the legislation address the circumstances making the collection of
information on the Survey of Earned Doctorates necessary:
SEC. 112. FUNCTIONS.
From funds appropriated under section 194, the Institute, directly or through grants, contracts, or
cooperative agreements, shall—
(1) conduct and support scientifically valid research activities, including basic research and
applied research, statistics activities, scientifically valid education evaluation, development,
and wide dissemination;
(2) widely disseminate the findings and results of scientifically valid research in education;
(3) promote the use, development, and application of knowledge gained from scientifically
valid research activities;
(4) strengthen the national capacity to conduct, develop, and widely disseminate scientifically
valid research in education;
(5) promote the coordination, development, and dissemination of scientifically valid research
in education within the Department and the Federal Government; and
(6) promote the use and application of research and development to improve practice in the
classroom.
______________________________
.116 STAT. 1947 PUBLIC LAW 107–279—NOV. 5, 2002
(2) To ensure the methodology applied in conducting research, development, evaluation, and
statistical analysis is consistent with the standards for such activities under this title.
(3) To coordinate education research and related activities carried out by the Institute with such
research and activities carried out by other agencies within the Department and the Federal
Government.
(4) To advise the Secretary on research, evaluation, and statistics activities relevant to the
activities of the Department.
(5) To establish necessary procedures for technical and scientific peer review of the activities of
the Institute, consistent with section 116(b)(3).
(6) To ensure that all participants in research conducted or supported by the Institute are afforded
their privacy rights and other relevant protections as research subjects, in accordance with
section 183 of this title, section 552a of title 5, United States Code, and sections 444 and 445 of
the General Education Provisions Act (20 U.S.C. 1232g, 1232h).
(7) To ensure that activities conducted or supported by the Institute are objective, secular,
neutral, and nonideological and are free of partisan political influence and racial, cultural,
gender, or regional bias.
(8) To undertake initiatives and programs to increase the participation of researchers and
institutions that have been historically underutilized in Federal education research activities
of the Institute, including historically Black colleges or universities or other institutions of higher
education with large numbers of minority students.
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(9) To coordinate with the Secretary to promote and provide for the coordination of research and
development activities and technical assistance activities between the Institute and
comprehensive centers.
(10) To solicit and consider the recommendations of education stakeholders, in order to ensure
that there is broad and regular public and professional input from the educational field in the
planning and carrying out of the Institute’s activities.
(11) To coordinate the wide dissemination of information on scientifically valid research.
(12) To carry out and support other activities consistent with the priorities and mission of the
Institute.
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116 STAT. 1958 PUBLIC LAW 107–279—NOV. 5, 2002
(2) to report education information and statistics in a timely manner; and
(3) to collect, analyze, and report education information and statistics in a manner that—
(A) is objective, secular, neutral, and nonideological and is free of partisan political influence
and racial, cultural, gender, or regional bias; and
(B) is relevant and useful to practitioners, researchers, policymakers, and the public.
SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.
The Statistics Center shall be headed by a Commissioner for Education Statistics (in this part
referred to as the ‘‘Statistics Commissioner’’) who shall be highly qualified and have substantial
knowledge of statistical methodologies and activities undertaken by the Statistics Center.
SEC. 153. DUTIES.
(a) GENERAL DUTIES.—The Statistics Center shall collect, report, analyze, and disseminate
statistical data related to education in the United States and in other nations, including—
(1) collecting, acquiring, compiling (where appropriate, on a State-by-State basis), and
disseminating full and complete statistics (disaggregated by the population characteristics
described in paragraph (3)) on the condition and progress of education, at the preschool,
elementary, secondary, postsecondary, and adult levels in the United States
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116 STAT. 1959 PUBLIC LAW 107–279—NOV. 5, 2002
(i) the relationship between victims and perpetrators;
(ii) demographic characteristics of the victims and perpetrators; and
(iii) the type of weapons used in incidents, as classified in the Uniform Crime Reports of the
Federal Bureau of Investigation;
(I) the financing and management of education, including data on revenues and expenditures;
(J) the social and economic status of children, including their academic achievement;
(K) the existence and use of educational technology and access to the Internet by students and
teachers in elementary schools and secondary schools;
(L) access to, and opportunity for, early childhood education;
(M) the availability of, and access to, before-school and after-school programs (including such
programs during school recesses);
(N) student participation in and completion of secondary and postsecondary vocational and
technical education programs by specific program area; and
(O) the existence and use of school libraries;
(2) conducting and publishing reports on the meaning and significance of the statistics described
in paragraph (1);
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(3) collecting, analyzing, cross-tabulating, and reporting, to the extent feasible, information by
gender, race, ethnicity, socioeconomic status, limited English proficiency, mobility, disability,
urban, rural, suburban districts, and other population characteristics, when such disaggregated
information will facilitate educational and policy decision making;
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PART E—GENERAL PROVISIONS
SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS.
The Secretary, in consultation with the Director, shall ensure that the Department and the
Institute use common sources of data in standardized formats.
SEC. 182. PROHIBITIONS.
(a) NATIONAL DATABASE.—Nothing in this title may be construed to authorize the
establishment of a nationwide database of individually identifiable information on individuals
involved in studies or other collections of data under this title.
(b) FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.— Nothing in this title
may be construed to authorize an officer or employee of the Federal Government to mandate,
direct, or control the curriculum, program of instruction, or allocation of State or local resources
of a State, local educational agency, or school, or to mandate a State, or any subdivision thereof,
to spend any funds or incur any costs not provided for under this title.
(c) ENDORSEMENT OF CURRICULUM.—Notwithstanding any other provision of Federal
law, no funds provided under this title to the Institute, including any office, board, committee, or
center of 20 USC 9572. 20 USC 9571. Deadline.
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SEC. 184. AVAILABILITY OF DATA.
Subject to section 183, data collected by the Institute, including any office, board, committee, or
center of the Institute, in carrying out the priorities and mission of the Institute, shall be made
avail-able to the public, including through use of the Internet.

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THE NATIONAL ENDOWMENT FOR THE HUMANITIES
20 U.S.C., Section 956(k)
The following section of the legislation addresses the circumstances making the collection of
information on the Survey of Earned Doctorates necessary:
The Chairperson of the National Endowment for the Humanities shall, in ongoing consultation
with State and local agencies, other relevant organizations, and relevant Federal agencies,
continue to develop and implement a practical system of national information and data
collection and public dissemination on the humanities, scholars, educational and cultural
groups, and their audiences. Such system shall include cultural and financial trends in the
various humanities fields, trends in audience participation, and trends in humanities education
on national, regional, and State levels. Such system shall be used, along with a summary of the
data submitted with plans under subsection (f) of this section, to prepare a report on the state of
the humanities in the Nation. The state of the humanities report shall include a description of
the availability of the Endowment’s programs to emerging and culturally diverse scholars,
cultural and educational organizations, and communities and of the participation of such
scholars, organizations, and communities in such programs. The state of the humanities report
shall be submitted to the President and the Congress, and provided the States, not later than
October 1, 1992, and quadrennially thereafter.

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