grams in science and technology upon Federal research and development policies and programs.

(b) The Council shall consider and recommend measures for the effective implementation of Federal policies concerning the administration and conduct of Federal programs in science and technology.

(c) The Council shall perform such other related duties as shall be assigned, consonant with law, by the President or by the Chairman.

(d) The Chairman shall, from time to time, submit to the President such of the Council's recommendations or reports as require the attention of the President by reason of their importance or character.

SEC. 3. Agency assistance to Council. (a) For the purpose of effectuating this order, each Federal agency represented on the Council shall furnish necessary assistance to the Council in consonance with section 214 of the act of May 3, 1945, 50 Stat. 134 (31 U.S.C. § 691). Such assistance may include (1) detailing employees to the Council to perform such functions, consistent with the purposes of this order, as the Chairman may assign to them, and (2) undertaking, upon request of the Chairman, such special studies for the Council as come within the functions herein assigned to the Council.

(b) Upon request of the Chairman, the heads of Federal agencies shall, so far as practicable, provide the Council with information and reports relating to the scientific and technological activities of the respective agencies.

SEC. 4. Standing committees and panels. For the purpose of conducting studies and making reports as directed by the Chairman, standing committees and panels of the Council may be established in consonance with the provisions of section 214 of the act of May 3, 1945, 59 Stat. 134 (31 U.S.C. § 691). At least one such standing committee shall be composed of scientist-administrators representing Federal agencies, shall provide a forum for consideration of common administrative policies and procedures relating to Federal research and development activities and for formulation of recommendations thereon, and shall perform such other related functions as may be assigned to it by the Chairman of the Council. SEC. 5.

Security procedures. The Chairman shall establish procedures to insure the security of classified information used by or in the custody of the Council or employees under its jurisdiction.

SEC. 6. Other orders; construction of orders. (a) Executive Order No. 9912 of December 24, 1947, entitled "Establishing the Interdepartmental Committee on Scientific Research and Development," is hereby revoked.

(b) Executive Order No. 10521 of March 17, 1954 [set out as a note under this section], entitled "Administration of Scientific Research by Agencies of the Federal Government," is hereby amended:

(1) By substituting for section 1 thereof the following: "SECTION 1. The National Science Foundation (hereinafter referred to as the Foundation) shall from time to time recommend to the President policies for the promotion and support of basic research and education in the sciences, including policies with respect to furnishing guidance toward defining the responsibilities of the Federal Government in the conduct and support of basic scientific research."

(2) By inserting before the words "scientific research programs and activities" in section 3 thereof the word "basic".

(3) (1) By adding the word "and" at the end of paragraph (a) of section 8 thereof, (11) by deleting the semicolon and the word "and" at the end of paragraph (b) of section 8 and inserting in lieu thereof a period, and (111) by revoking paragraph (c) of section 8.

(4) By adding at the end of the order a new section 10 reading as follows:

"SEC. 10. The National Science Foundation shall provide leadership in the effective coordination of the scientific information activities of the Federal Government with a view to improving the availability and dissemination of scientific information Federal agencies shall cooperate with and assist the National Science Foundation in the performance of this function, to the extent permitted by law."

(c) The provisions of Executive Order No. 10521, as hereby amended, shall not limit the functions of the

Council under this order. The provisions of this order shall not limit the functions of any Federal agency or officer under Executive Order No. 10521, as hereby amended.

(d) The Council shall be advisory to the President and to the heads of Federal agencies represented on the Council; accordingly, this order shall not be construed as subjecting any agency, officer, or function to control by the Council.

DWIGHT D. EISENHOWER

FUNCTIONS AS NOT LIMITED

Section 6(c) of Ex. Ord. No. 10827, set out as a note under this section, provided that Ex. Ord. No. 10521 should not limit functions of Federal Council for Science and Technology under Ex. Ord. No. 10827, and that Ex. Ord. No. 10827 should not limit functions of any agency or officer under Ex. Ord. No. 10521.

§ 1863. National Science Board.

(a) Composition; appointment; qualifications.

The Board shall consist of twenty-four members to be appointed by the President, by and with the advice and consent of the Senate, and of the Director ex officio, and shall, except as otherwise provided in this chapter, exercise the authority granted to the Foundation by this chapter. The persons nominated for appointment as members (1) shall be eminent in the fields of the basic sciences, medical science, engineering, agriculture, education, or public affairs; (2) shall be selected solely on the basis of established records of distinguished service; and (3) shall be so selected as to provide representation of the views of scientific leaders in all areas of the Nation. The President is requested, in the making of nominations of persons for appointment as members, to give due consideration to any recommendations for nomination which may be submitted to him by the National Academy of Sciences, the Association of Land Grant Colleges and Universities, the National Association of State Universities, the Association of American Colleges, or by other scientific or educational organizations.

(b) Term of office.

The term of office of each voting member of the Board shall be six years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and (2) 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. Any person who has been a member of the Board for twelve consecutive years shall thereafter be ineligible for appointment during the two-year period following the expiration of such twelfth year.

(c) Executed.

(d) Meetings.

The Board shall meet annually on the third Monday in May, unless, prior to May 10 in any year, the Chairman has set the annual meeting for a day in May, other than the third Monday, and at such other times as the Chairman may determine, but he shall also call a meeting whenever one-third of the members so request in writing. A majority of the voting members of the Board shall constitute

a quorum. Each member shall be given notice, by registered mail or by certified mail, mailed to his last known address of record not less than fifteen days prior to any meeting, of the call of such meeting.

(e) Election of Chairman and Vice Chairman; term;

vacancy.

An election of the Chairman and Vice Chairman of the Board shall take place at the first meeting of the National Science Board following enactment of this legislation. Thereafter such election shall take place at the second annual meeting occurring after each such election. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Board shall elect a member to fill such vacancy. (May 10, 1950, ch. 171, § 4, 64 Stat. 150; Sept. 8, 1959, Pub. L. 86-232, § 2, 73 Stat. 467; June 11, 1960, Pub. L. 86-507, § 1 (36), 74 Stat. 202.)

REFERENCES IN TEXT

"Enactment of this legislation", referred to in subsec. (e), means enactment of Pub. L. 86-232, which was approved on Sept. 8, 1959.

CODIFICATION

Subsec. (c) 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" and is now covered by subsec. (e) of this section.

AMENDMENTS

1960 Subsec. (d). Pub. L. 86-507 inserted "or by certified mail" following "registered mail."

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

Subsec. (e). Pub. L. 86-232 substituted provision for an election of a Chairman and Vice Chairman of the Board at the first meeting of the Board following enactment of Pub. 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 the first Monday in December next succeeding the date of election and for election of subsequent officers for terms of two years thereafter.

§ 1864. Director of Foundation; appointment; tenure; powers and duties.

(a) There shall be a Director of the Foundation who shall be appointed by the President, by and with the advice and consent of the Senate. The Board may make recommendations to the President with respect to the appointment of the Director, and the Director shall not be appointed until the Board has had an opportunity to make such recommendations. He shall serve as a nonvoting ex officio member of the Board. In addition thereto he shall be the chief executive officer of the Foundation. The Director shall serve for a term of six years unless sooner removed by the President.

(b) In addition to the powers and duties specifically vested in him by this chapter, the Director shall, in accordance with the policies established by the Board, exercise the powers granted by sections 1869 and 1870 of this title, together with such other powers and duties as may be delegated to him by the Board; but no final action shall be taken by the Director in the exercise of any power granted by section 1869 or 1870 (c) of this title unless in each instance the Board has reviewed and approved the

Office of Director of National Science Foundation established under the provisions of this section abolished and functions transferred to Director of National Science Foundation appointed pursuant to 1962 Reorg. Plan No. 2, see section 22 (a), (b) of 1962 Reorg. Plan No. 2, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, set out as a note under section 1861 of this title.

§ 1865. Power of Board to create committees. (a) Executive Committee; assignment of powers and functions; exception.

The Board is authorized to appoint from among its members an Executive Committee, and to assign to the Executive Committee such of the powers and functions granted to the Board by this chapter as it deems appropriate; except that the Board may not assign to the Executive Committee the function of establishing policies.

(b) Executive Committee; composition; term of office; eligibility for renomination; representation of diverse interests; reports.

If an Executive Committee is established by the Board

(1) Such Committee shall consist of the Director, as a nonvoting ex officio member, not less than five nor more than nine other members elected by the Board from among their number.

(2) The term of office of each voting member of such Committee shall be two years, except that (A) any member elected to fill a vacancy occurring prior to the expiration of the term for which his predecessor was elected shall be elected for the remainder of such term; and (B) the term of office of four of the members first elected after May 10. 1950, shall be one year.

(3) Any person who has been a member of such Committee for six consecutive years shall thereafter be ineligible for election during the two-year period following the expiration of such sixth year.

(4) The membership of such Committee shall, so far as practicable, be representative of diverse interests and shall be so chosen as to provide representation, so far as practicable, for all areas of the Nation.

(5) Such Committee shall render an annual report to the Board, and such other reports as it may deem necessary, summarizing its activities and making such recommendations as it may deem appropriate. Minority views and recommendations, if any, of members of the Executive Committee shall be included in such reports.

(c) Additional committees.

The Board is authorized to appoint from among its members or otherwise such committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Board deems appropriate for the purposes of this chapter. (May 10, 1950, ch. 171, § 6, 64 Stat. 151; Sept. 8, 1959, Pub. L. 86–232, § 4, 73 Stat. 467.)

AMENDMENTS

1959 Subsec. (a). Pub. L. 86–232 eliminated the prohibition against assignment to the Executive Committee of the function of review and approval.

Subsec. (b)(1). Pub. L. 86-232 authorized the Board to have an Executive Committee consisting of from five to nine members rather than the fixed number of nine. TRANSFER OF FUNCTIONS

Executive Committee of National Science Board appointed under the provisions of this section abolished and functions conferred by this section transferred to Executive Committee of National Science Board established by 1962 Reorg. Plan No. 2, see sections 21(e) and 23(a)(1) of 1962 Reorg. Plan No. 2, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, set out as a note under section 1861 of this title.

§ 1866. Divisions within Foundation.

(a) Until otherwise provided by the Board there shall be within the Foundation the following divisions:

(1) A Division of Medical Research;

(2) A Division of Mathematical, Physical, and Engineering Sciences;

(3) A Division of Biological Sciences; and

(4) A Division of Scientific Personnel and Education, which shall be concerned with programs of the Foundation relating to the granting of scholarships and graduate fellowships in the mathematical, physical, medical, biological, engineering, and other sciences.

(b) There shall also be within the Foundation such other divisions as the Board may, from time to time, deem necessary. (May 10, 1950, ch. 171, § 7, 64 Stat. 152.)

§ 1867. Divisional committees; composition; terms of office; chairmen; rules; duties; recommendations. (a) There shall be a committee for each division of the Foundation.

(b) Each divisional committee shall be appointed by the Board and shall consist of not less than five persons who may be members or nonmembers of the Board.

(c) The terms of members of each divisional committee shall be two years. Each divisional committee shall annually elect its own chairman from among its own members and shall prescribe its own rules of procedure subject to such restrictions as may be prescribed by the Board.

(d) Each divisional committee shall make recommendations to, and advise and consult with, the Board and the Director with respect to matters relating to the program of its division. (May 10, 1950, ch. 171, § 8, 64 Stat. 152.)

§ 1868. Special commissions; composition; chairman and vice chairman; duties.

(a) Each special commission established pursuant to section 1862 (a) (7) of this title shall consist of eleven members appointed by the Board, six of whom

shall be eminent scientists and five of whom shall be persons other than scientists. Each special commission shall choose its own chairman and vice chairman.

(b) It shall be the duty of each such special commission to make a comprehensive survey of research, both public and private, being carried on in its field, and to formulate and recommend to the Foundation at the earliest practicable date an over-all research program in its field. (May 10, 1950, ch. 171, § 9, 64 Stat. 152.)

§ 1869. Scholarships and graduate fellowships.

The Foundation is authorized to award, within the limits of funds made available specifically for such purpose pursuant to section 1875 of this title, scholarships and graduate fellowships for scientific study or scientific work in the mathematical, physical, medical, biological, engineering, and other sciences at appropriate nonprofit American or nonprofit foreign institutions selected by the recipient of such aid, for stated periods of time. Persons shall be selected for such scholarships and fellowships from among citizens or nationals of the United States, and such selections shall be made solely on the basis of ability; but in any case in which two or more applicants for scholarships or fellowships, as the case may be, are deemed by the Foundation to be possessed of substantially equal ability, and there are not sufficient scholarships or fellowships, as the case may be, available to grant one to each of such applicants, the available scholarship or scholarships or fellowship or fellowships shall be awarded to the applicants in such manner as will tend to result in a wide distribution of scholarships and fellowships among the States, Territories, possessions, and the District of Columbia. Nothing contained in this chapter shall prohibit the Foundation from refusing or revoking a scholarship or fellowship award, in whole or in part, in the case of any applicant or recipient, if the Board is of the opinion that such award is not in the best interests of the United States. (May 10, 1950, ch. 171, § 10, 64 Stat. 152; Sept. 8, 1959, Pub. L. 86-232, § 5, 73 Stat. 468; June 29, 1960, Pub. L. 86-550, 74 Stat. 256; Oct. 16, 1962, Pub. L. 87-835, § 2, 76 Stat. 1070.)

AMENDMENTS

1962-Pub. L. 87-835 authorized the Foundation to refuse or revoke a scholarship or fellowship award if they believe such award is not in the best interests of the United States.

1960-Pub. L. 86-550 authorized the selection of nationals for scholarships and fellowships.

1959-Pub. L. 86-232 substituted "appropriate" for "accredited" and deleted "of higher education" following "foreign institutions".

§ 1870. General authority of Foundation.

The Foundation shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this chapter, including, but without being limited thereto, the authority

(a) to prescribe such rules and regulations as it deems necessary governing the manner of its operations and its organization and personnel;

(b) to make such expenditures as may be necessary for administering the provisions of this chapter;

(c) to enter into contracts or other arrangements, or modifications thereof, for the carrying on, by organizations or individuals in the United States and foreign countries, including other government agencies of the United States and of foreign countries, of such basic scientific research activities as the Foundation deems necessary to carry out the purposes of this chapter, and, at the request of the Secretary of Defense, specific scientific research activities in connection with matters relating to the national defense, and, when deemed appropriate by the Foundation, such contracts or other arrangements, or modifications thereof, may be entered into without legal consideration, without performance or other bonds, and without regard to section 5 of Title 41;

(d) to make advance, progress, and other payments which relate to scientific research without regard to the provisions of sectiton 529 of Title 31;

(e) to acquire by purchase, lease, loan, gift, or condemnation, and to hold and dispose of by grant, sale, lease, or loan, real and personal property of all kinds necessary for, or resulting from, the exercise of authority granted by this chapter;

(f) to receive and use funds donated by others, if such funds are donated without restriction other than that they be used in furtherance of one or more of the general purposes of the Foundation;

(g) to publish or arrange for the publication of scientific and technical information so as to further the full dissemination of information of scientific value consistent with the national interest, without regard to the provisions of section 111 of Title 44; (h) to accept and utilize the services of voluntary and uncompensated personnel and to provide transportation and subsistence as authorized by section 73b-2 of Title 5 for persons serving without compensation; and

(i) to prescribe, with the approval of the Comptroller General of the United States, the extent to which vouchers for funds expended under contracts for scientific research shall be subject to itemization or substantiation prior to payment, without regard to the limitations of other laws relating to the expenditure of public funds and accounting therefor. (May 10, 1950, ch. 171, § 11, 64 Stat. 153; Sept. 8, 1959, Pub. L. 86–232, § 6, 73 Stat. 468.)

AMENDMENTS

1959-Subsec. (e). Pub. L. 86-232 included acquisition of property by condemnation.

§ 1871. Patent rights; protection of public interest or equities of individuals or organizations; employees barred.

(a) Each contract or other arrangement executed pursuant to this chapter which relates to scientific research shall contain provisions governing the disposition of inventions produced thereunder in a manner calculated to protect the public interest and the equities of the individual or organization with which the contract or other arrangement is executed: Provided, however, That nothing in this chapter shall be construed to authorize the Foundation to enter into any contractual or other arrangement inconsistent with any provision of law affecting the issuance or use of patents.

(b) No officer or employee of the Foundation shall acquire, retain, or transfer any rights, under the patent laws of the United States or otherwise, in any invention which he may make or produce in connection with performing his assigned activities and which is directly related to the subject matter thereof: Provided, however, That this subsection shall not be construed to prevent any officer or employee of the Foundation from executing any application for patent on any such invention for the purpose of assigning the same to the Government or its nominee in accordance with such rules and regulations as the Director may establish. (May 10, 1950, ch. 171, § 12, 64 Stat. 154.)

§ 1872. International cooperation and coordination with foreign policy.

(a) The Foundation is authorized to cooperate in any international scientific activities consistent with the purposes of this chapter and to expend for such international scientific activities such sums within the limit of appropriated funds as the Foundation may deem desirable. The Director, with the approval of the Board, may defray the expenses of representatives of Government agencies and other organizations and of individual scientists to accredited international scientific congresses and meetings whenever he deem1 it necessary in the promotion of the objectives of this chapter. In this connection, with the approval of the Secretary of State, the Foundation may undertake programs granting fellowships to, or making other similar arrangements with, foreign nationals for scientific study or scientific work in the United States without regard to section 1869 of this title or the affidavit of allegiance to the United States required by section 1874(d) (2) of this title.

(b) (1) The authority to enter into contracts or other arrangements with organizations or individuals in foreign countries and with agencies of foreign countries, as provided in section 1870 (c) of this title, and the authority to cooperate in international scientific activities as provided in subsection (a) of this section, shall be exercised only with the approval of the Secretary of State, to the end that such authority shall be exercised in such manner as is consistent with the foreign policy objectives of the United States.

(2) If, in the exercise of the authority referred to in paragraph (1) of this subsection, negotiation with foreign countries or agencies thereof becomes necessary, such negotiation shall be carried on by the Secretary of State in consultation with the Director. (May 10, 1950, ch. 171, § 13, 64 Stat. 154; Sept. 8, 1959, Pub. L. 86-232, § 7, 73 Stat. 468.)

AMENDMENTS

1959-Subsec. (a). Pub. L. 86-232 authorized the Foundation, with approval of the Secretary of State, to cooperate in scientific activities rather than scientific research activities, and to grant fellowships or make other arrangements with foreign nationals for scientific study or scientific work in the United States.

Subsec. (b) (1). Pub. L. 86-232 deleted "research" from the phrase "scientific research activities."

1 So in original.

§ 1872a. Weather modification. (a) Consultations.

In carrying out the provisions of section 1862 (a) (9) of this title, the Foundation shall consult with meteorologists and scientists in private life and with agencies of Government interested in, or affected by, experimental research in the field of weather control.

(b) Research programs.

Research programs to carry out the purposes of section 1862 (a) (9) of this title, whether conducted by the Foundation or by other Government agencies or departments, may be accomplished through contracts with, or grants to, private or public institutions or agencies, including but not limited to cooperative programs with any State through such instrumentalities as may be designated by the governor of such State.

(c) Acceptance of gifts.

For the purposes of section 1862 (a) (9) of this title, the Foundation is authorized to accept as a gift, money, material, or services: Provided, That notwithstanding section 1870 (f) of this title, use of any such gift, if the donor so specifies, may be restricted or limited to certain projects or areas. (d) Loan of property.

For the purposes of section 1862 (a) (9) of this title, other agencies of the Government are authorized to loan to the Foundation without reimbursement, and the Foundation is authorized to accept and make use of, such property and personnel as may be deemed useful, with the approval of the Director of the Bureau of the Budget.

(e) Hearings; oaths or affirmations.

The Director of the Foundation, or any employee of the Foundation designated by him, may for the purpose of carrying out the provisions of section 1862 (a) (9) of this title hold such hearings and sit and act at such times and places and take such testimony as he shall deem advisable. The Director or any employee of the Foundation designated by him may administer oaths or affirmations to witnesses appearing before the Director or such employee.

(f) Documentary evidence; contempt; enforcement of subpena; jurisdiction; witness fees; violations and penalties; public records.

(1) The Director of the Foundation may obtain by regulation, subpena, or otherwise such information in the form of testimony, books, records, or other writings, may require the keeping of and furnishing such reports and records, and may make such inspections of the books, records, and other writings and premises or property of any person or persons as may be deemed necessary or appropriate by him to carry out the provisions of section 1862 (a) (9) of this title, but this authority shall not be exercised if adequate and authoritative data are available from any Federal agency. In case of contumacy by, or refusal to obey a subpena served upon, any person referred to in this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the Director, 36-500 0-65-vol. 9- -30

shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(2) The production of a person's books, records, or other documentary evidence shall not be required at any place other than the place where such person usually keeps them, if, prior to the return date specified in the regulations, subpena, or other document issued with respect thereto, such person furnishes the Foundation with a true copy of such books, records, or other documentary evidence (certified by such person under oath to be a true and correct copy) or enters into a stipulation with the Director as to the information contained in such books, records, or other documentary evidence. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

(3) Any person who willfully performs any act prohibited or willfully fails to perform any act required by the above provisions of this subsection, or any regulation issued thereunder, shall upon conviction be fined not more than $500.

(4) Information contained in any statement, report, record, or other document furnished pursuant to this subsection shall be available for public inspection, except (A) information authorized or required by statute to be withheld and (B) information classified in accordance with law to protect the national security. The foregoing sentence shall not be interpreted to authorize or require the publication, divulging, or disclosure of any information described in section 1905 of Title 18, except that the Director may disclose information described in such section 1905, furnished pursuant to this subsection, whenever he determines that the withholding thereof would be contrary to the purposes of this section and section 1862 (a) (9) of this title. (May 10, 1950, ch. 171, § 14, as added July 11, 1958, Pub. L. 85-510, § 2, 72 Stat. 353.)

§ 1873. Employment of personnel. ́(a) Appointment and compensation.

The Director shall, in accordance with such policies as the Board shall from time to time prescribe, appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this chapter. Such appointments shall be made and such compensation shall be fixed in accordance with the provisions of the civil-service laws and regulations and the Classification Act of 1949: Provided, That the Director may, in accordance with such policies as the Board shall from time to time prescribe, employ such technical and professional personnel and fix their compensation, without regard to such laws, as he may deem necessary for the discharge of the responsibilities of the Foundation under this chapter. The Deputy Director hereinafter provided for, and the members of the divisional committees and special commissions, shall be appointed without regard to the civil-service laws or regulations. Neither the Director nor the Deputy Director shall engage in any other business, vocation, or employment than that of serving as such Director or Deputy Director, as the case may be;