USC Chapter 59

USC Chapter 59
in effect

20 U.S.C. § 4701 Findings

The Congress makes the following findings: (1) Senator Barry Goldwater of the State of Arizona has served his country for 56 years as a soldier and statesman, including service in the United States Senate for a period of 30 years. (2) Senator Goldwater has a distinguished record as a Senator, including service as Chairman of the Select Committee on Intelligence of the Senate and as Chairman of the Committee on Armed Services of the Senate. (3) Senator Goldwater has long maintained a special interest in the education of America’s youth, particularly in the fields of science and mathematics. (4) It would, therefore, be a fitting tribute to the leadership, courage, and vision of Senator Goldwater to establish in his name a scholarship program to foster and encourage excellence in science and mathematics.

20 U.S.C. § 4702 Definitions

In this chapter: (1) The term “Foundation” means the Barry Goldwater Scholarship and Excellence in Education Foundation established under section 4703(a) of this title. (2) The term “Board” means the Board of Trustees of the Barry Goldwater Scholarship and Excellence in Education Foundation established under section 4703(b) of this title. (3) The term “fund” means the Barry Goldwater Scholarship and Excellence in Education Fund provided for under section 4707 of this title. (4) The term “institution of higher education” means any such institution as defined in section 1001 of this title. (5) The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and any other territory or possession of the United States. (6) The term “eligible person” means—(A) a permanent resident alien of the United States; (B) a citizen or national of the United States; (C) a citizen of the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau; or (D) any person who may be admitted to lawfully engage in occupations and establish residence as a nonimmigrant in the United States as permitted under the Compact of Free Association agreements with the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau.

20 U.S.C. § 4703 Establishment of Barry Goldwater Scholarship and Excellence in Education Foundation

(a) EstablishmentThere is established, as an independent establishment of the executive branch of the United States Government, the Barry Goldwater Scholarship and Excellence in Education Foundation. (b) Board of TrusteesThe Foundation shall be subject to the supervision and direction of the Board of Trustees. The Board shall be composed of 13 members, as follows:(1) Two members from the Senate, one appointed by the majority leader and one appointed by the minority leader of the Senate. (2) Two members from the House of Representatives, one appointed by the majority leader and one appointed by the minority leader of the House of Representatives. (3) Eight members, not more than four of whom shall be of the same political party, to be appointed by the President, by and with the advice and consent of the Senate. (4) The Secretary of Education, or his designee, who shall serve ex officio as a member of the Board but shall not be eligible to serve as Chairman. (c) Term of office(1) The term of office of each member of the Board shall be six years, except that—(A) the members first taking office shall serve as designated by the President, four for terms of two years, five for terms of four years, and four for terms of six years; (B) a member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed and shall be appointed in the same manner as the original appointment for that vacancy was made; and (C) notwithstanding the term limitation provided for under this paragraph, a member appointed under subsection (b) may continue to serve under such appointment until the successor to the member is appointed. (2) A Member of Congress appointed to the Board under clause (1) or (2) of subsection (b) may not serve as a member of the Board for more than a total of six years. (d) Travel and subsistence payMembers of the Board shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.

20 U.S.C. § 4704 Barry Goldwater scholarship and excellence in education awards

(a) Award of scholarships, fellowships, and research internships(1) The Foundation may award scholarships, fellowships, and research internships to eligible persons for study in the fields of the natural sciences, engineering, and mathematics. Such scholarships, fellowships, and research internships shall be awarded to persons as provided in this chapter who meet the minimum criteria established by the Foundation. (2) Scholarships shall be awarded to outstanding undergraduate students who intend to pursue careers in the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 1067q(a) of this title. (3) Fellowships shall be awarded to outstanding graduate students who intend to pursue advanced degrees in the natural sciences, engineering, and mathematics. (4) Research internships shall be awarded to outstanding undergraduate students who intend to pursue careers in the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 1067q(a) of this title. (5) The Foundation may provide, directly or by contract, for the conduct of nationwide competition for the purpose of selecting recipients of scholarships, fellowships, and research internships awarded under this chapter. (b) Barry Goldwater Scholars and Research InternsRecipients of scholarships and fellowships under this chapter shall be known as “Barry Goldwater Scholars”. Recipients of research internships under this chapter shall be known as “Barry Goldwater Interns”. (c) Award of honoraria to volunteers(1) The Foundation may award honoraria to outstanding educators, teachers, and persons who have volunteered to assist in secondary schools who have made significant contributions to improve the quality of instruction in mathematics and sciences in the secondary school. To the extent the Board determines such action practicable, honoraria awarded under this subsection shall be awarded annually to persons described in the preceding sentence as follows:(A) To two persons selected at large from each State. (B) To one person selected from each county in each State. (C) To persons affiliated with secondary schools on military reservations. (D) To persons affiliated with the dependent overseas school system. (2) The Board shall establish a schedule of honoraria to be awarded under paragraph (1).

20 U.S.C. § 4705 Stipends

Each person awarded a scholarship or fellowship under this chapter shall receive a stipend which shall not exceed the cost to such person for tuition, fees, books, room and board, or such lesser amount as may be prescribed by the Board. Each person awarded a research internship under this chapter shall receive a stipend as may be prescribed by the Board, which shall not exceed the maximum stipend amount awarded for a scholarship or fellowship.

20 U.S.C. § 4706 Scholarship and research internship conditions

(a) Scholarship conditionsA person awarded a scholarship under this chapter may receive payments authorized under this chapter only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency pursuant to regulations of the Board. (b) Reports on scholarshipsThe Foundation may require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any person awarded a scholarship under this chapter. Such reports shall be accompanied by a certificate from an appropriate official at the institution of higher education, approved by the Foundation, stating that such person is making satisfactory progress in, and is devoting essentially full time to study or research, except as otherwise provided in subsection (a). (c) Research internship conditionsA person awarded a research internship under this chapter may receive payments authorized under this chapter only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency pursuant to regulations of the Board. (d) Reports on research internshipsThe Foundation may require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any person awarded a research internship under this chapter. Such reports may be accompanied by a certificate from an appropriate official at the institution of higher education or internship employer, approved by the Foundation, stating that such person is maintaining satisfactory progress in the internship.

20 U.S.C. § 4707 Barry Goldwater Scholarship and Excellence in Education Fund

(a) Establishment of fundThere is established in the Treasury of the United States a trust fund to be known as the Barry Goldwater Scholarship and Excellence in Education Fund. The fund shall consist of amounts appropriated to it pursuant to section 4711 of this title and amounts credited to it under subsection (d). (b) Investment of fund assetsIt shall be the duty of the Secretary of the Treasury to invest in full the amounts appropriated to the fund. Such investments may be made only in public debt securities of the United States with maturities suitable to the fund. For such purpose, such obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market place. The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are hereby extended to authorize the issuance at par of special obligations exclusively to the fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt, except that where such average rate is not a multiple of ⅛ of 1 percent, the rate of interest of such special obligations shall be the multiple of ⅛ of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary determines that the purchases of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest. (c) Investment in securitiesNotwithstanding subsection (b), the Secretary of the Treasury may invest any public or private funds received by the Foundation after December 27, 2021, in securities other than or in addition to public debt securities of the United States, if—(1) the Secretary receives a determination from the Board that such investments are necessary to enable the Foundation to carry out the purposes of this chapter; and (2) the securities in which such funds are invested are traded in established United States markets. (d) 11 So in original. Two subsecs. (d) have been enacted. ConstructionNothing in this section shall be construed to limit the authority of the Board to increase the number of scholarships provided under section 4704 22 See References in Text note below. of this title, or to increase the amount of the stipend authorized by section 4705 2 of this title, as the Board considers appropriate and is otherwise consistent with the requirements of this chapter. (d) 1 Authority to sell obligationsAny obligation acquired by the fund may be sold by the Secretary at the market price. (e) Proceeds from certain transactions credited to fundThe interest on, and the proceeds from the sale or redemption of, any obligations held in the fund shall be credited to and form a part of the fund.

20 U.S.C. § 4708 Expenditures from fund

(a) In generalThe Secretary of the Treasury may pay to the Foundation from the interest and earnings of the fund such sums as the Board determines are necessary and appropriate to enable the Foundation to carry out the purposes of this chapter. (b) Audits by GAOThe activities of the Foundation under this chapter may be audited by the Government Accountability Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property belonging to or in use by the Foundation pertaining to such activities and necessary to facilitate the audit.

20 U.S.C. § 4709 Executive Secretary

(a) Appointment by BoardThere shall be an Executive Secretary of the Foundation who shall be appointed by the Board. The Executive Secretary shall be the chief executive officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Secretary shall carry out such other functions consistent with the provisions of this chapter as the Board shall prescribe. (b) CompensationThe Executive Secretary of the Foundation shall serve as a noncareer appointee of the Senior Executive Service and shall be compensated at a rate determined by the Board in accordance with section 5383 of title 5.

20 U.S.C. § 4710 Administrative provisions

(a) In generalIn order to carry out this chapter, the Foundation may—(1) appoint and fix the rates of basic pay of not more than three employees (in addition to the Executive Secretary appointed under section 4709 11 See References in Text note below. of this title) to carry out the provisions of this chapter, without regard to the provisions in chapter 33 of title 5 governing appointment in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that—(A) a rate of basic pay set under this paragraph may not exceed the maximum rate provided for employees in grade GS–15 of the General Schedule under section 5332 of title 5; and (B) the employee shall be entitled to the applicable locality-based comparability payment under section 5304 of title 5, subject to the applicable limitation established under subsection (g) of such section; (2) procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, but at rates not to exceed the rate specified at the time of such service for level IV of the Executive Schedule; (3) prescribe such regulations as it considers necessary governing the manner in which its functions shall be carried out; (4) receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of the Foundation, and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions; (5) accept and use the services of voluntary and noncompensated personnel and for travel expenses, including per diem, as authorized by section 5703 of title 5; (6) enter into contracts or other arrangements, or make grants, to carry out the provisions of this chapter, and enter into such contracts or other arrangements, or make such grants, with the concurrence of two-thirds of the members of the Board, without performance or other bonds and without regard to section 6101 of title 41; (7) rent office space in the Washington, District of Columbia, metropolitan area; (8) expend not more than 5 percent of the Foundation’s annual operating budget on programs that, in addition to or in conjunction with the Foundation’s scholarship financial awards, support the development of Goldwater Scholars throughout their professional careers; (9) expend not more than 5 percent of the Foundation’s annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and (10) make other necessary expenditures. (b) Annual reportThe Foundation shall submit to the President and to Congress an annual report of its operations under this chapter.

20 U.S.C. § 4711 Authorization of appropriations

There is hereby authorized to be appropriated to the fund $40,000,000 to carry out this chapter.

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