### §1862n–9. Astronomy and Astrophysics Advisory Committee

#### (a) Establishment

The 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) Duties

The 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) Membership

The 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 process

Initial 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) Chairperson

The Advisory Committee shall select a chairperson from among its members.

#### (f) Coordination

The Advisory Committee shall coordinate with other Federal advisory committees that advise Federal agencies that engage in related research activities.

#### (g) Compensation

The 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) Meetings

The Advisory Committee shall convene, in person or by electronic means, at least 4 times a year.

#### (i) Quorum

A majority of the members serving on the Advisory Committee shall constitute a quorum for purposes of conducting the business of the Advisory Committee.

#### (j) Duration

Section 1013 of title 5 shall not apply to the Advisory Committee.

(Pub. L. 107–368, §23, Dec. 19, 2002, 116 Stat. 3065; Pub. L. 108–423, §5(a), Nov. 30, 2004, 118 Stat. 2402; Pub. L. 117–286, §4(a)(258), Dec. 27, 2022, 136 Stat. 4334.)

#### **Editorial Notes**

#### Codification

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. (j). Pub. L. 117–286 substituted "Section 1013 of title 5" for "Section 14 of the Federal Advisory Committee Act".

2004—Subsecs. (a), (b)(1), (2). Pub. L. 108–423, §5(a)(1), substituted ", the National Aeronautics and Space Administration, and the Department of Energy" for "and the National Aeronautics and Space Administration".

Subsec. (b)(3). Pub. L. 108–423, §5(a)(2), substituted "Administration, the Secretary of Energy," for "Administration, and".

Subsec. (c)(1), (2). Pub. L. 108–423, §5(a)(3)(A), substituted "4" for "5".

Subsec. (c)(3), (4). Pub. L. 108–423, §5(a)(3)(B)–(D), added par. (3) and redesignated former par. (3) as (4) and substituted "2" for "3".

Subsec. (f). Pub. L. 108–423, §5(a)(4), substituted "other Federal advisory committees that advise Federal agencies that engage in related research activities" for "the advisory bodies of other Federal agencies, such as the Department of Energy, which may engage in related research activities".

#### **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.

#### Effective Date of 2004 Amendment

Pub. L. 108–423, §5(b), Nov. 30, 2004, 118 Stat. 2402, provided that: "The amendments made by subsection (a) [amending this section] take effect on March 15, 2005."

#### 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.