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and conditions as to the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence. (July 14, 1955, ch. 360, title III, § 307, as added Dec. 31, 1970, Pub. L. 91-604, § 12(a), 84 Stat. 1707.)

CODIFICATION

Provisions for the obtaining of information under section 1857f-1(c) (4) of this title, set out in subsec. (a) (1), was, in the original, a reference to the obtaining of information under section 210(c) (4) of the Clean Air Act. Such provision has been translated as section 18371-1 (c) (4) of this title as the probable intent of Congress. A prior section 307 of act July 14, 1955, was renumbered section 314 by Pub. L. 91-604, and is set out as section 18571-3 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1857c-5, 18571-1, 1857f-6c of this title.

§ 1857h-6. Mandatory licensing.

Whenever the Attorney General determines, upon application of the Administrator

(1) that

(A) in the implementation of the requirements of section 1857c-6, 1857c-7, or 1857f-1 of this title, a right under any United States letters patent, which is being used or intended for public or commercial use and not otherwise reasonably available, is necessary to enable any person required to comply with such limitation to so comply, and

(B) there are no reasonable alternative methods to accomplish such purpose, and

(2) that the unavailability of such right may result in a substantial lessening of competition or tendency to create a monopoly in any line of commerce in any section of the country,

the Attorney General may so certify to a district court of the United States, which may issue an order requiring the person who owns such patent to license it on such reasonable terms and conditions as the court, after hearing, may determine. Such certification may be made to the district court for the district in which the person owning the patent resides, does business, or is found. (July 14, 1955, ch. 360, title III, § 308, as added Dec. 31, 1970, Pub. L. 91-604, § 12(a), 84 Stat. 1708.)

CODIFICATION

A prior section 308 of act July 14, 1955, was renumbered section 315 by Pub. L. 91-604, and is set out as section 1857k of this title.

§ 1857h-7. Policy review.

(a) The Administrator shall review and comment in writing on the environmental impact of any matter relating to duties and responsibilities granted pursuant to this chapter or other provisions of the authority of the Administrator, contained in any (1) legislation proposed by any Federal department or agency, (2) newly authorized Federal projects for construction and any major Federal agency action (other than a project for construction) to which section 4332(2)(C) of this title applies, and (3) proposed regulations published by any department

or agency of the Federal Government. Such written comment shall be made public at the conclusion of any such review.

(b) In the event the Administrator determines that any such legislation, action, or regulation is unsatisfactory from the standpoint of public health or welfare or environmental quality, he shall publish his determination and the matter shall be referred to the Council on Environmental Quality. (July 14, 1955, ch. 360, title III, § 309, as added Dec. 31, 1970, Pub. L. 91-604, § 12(a), 84 Stat. 1709.)

CODIFICATION

A prior section 309 of act July 14, 1955, was renumbered section 316 by Pub. L. 91-604, and is set out as section 18571 of this title.

§ 1857i. Application to other laws; nonduplication of appropriations.

(a) Except as provided in subsection (b) of this section, this chapter shall not be construed as superseding or limiting the authorities and responsibilities, under any other provision of law, of the Administrator or any other Federal officer, department, or agency.

(b) No appropriation shall be authorized or made under section 241, 243, or 246 of this title for any fiscal year after the fiscal year ending June 30, 1964, for any purpose for which appropriations may be made under authority of this chapter. (July 14, 1955, ch. 360, title III, § 310, formerly § 10, as added Dec. 17, 1963, Pub. L. 88-206, § 1, 77 Stat. 401, renumbered § 303, Oct. 20, 1965, Pub. L. 89-272, title I, § 101(4), 79 Stat. 992, and amended Nov. 21, 1967, Pub. L. 90-148, § 2, 81 Stat. 505; renumbered § 310, and amended Dec. 31, 1970, Pub. L. 91-604, §§ 12(a), 15(c) (a), 84 Stat. 1705, 1713.)

CODIFICATION

A prior section 310 of act July 14, 1955, was renumbered section 317 by Pub. L. 91-604, and is set out as a note under section 1857 of this title.

PRIOR PROVISIONS

Provisions similar to those contained in subsec. (a) of this section were contained in former section 1857f, act July 14, 1955, ch. 360, § 7, 69 Stat. 323, prior to the general amendment of this chapter by Pub. L. 88-206.

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-604, § 15 (c) (2), substituted "Administrator" for "Secretary".

1967-Subsec. (b). Pub. L. 90-148 substituted reference to section 246 of this title for reference to section 246 (c) of this title.

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products, radiation as used in the healing arts, and occupational exposure to radiation.

§ 1857j. Records and audit.

(a) Each recipient of assistance under this chapter shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

(b) The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives shall have access for the purpose of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter. (July 14, 1955, ch. 360, title III, § 311, formerly § 11, as added Dec. 17, 1963, Pub. L. 88-206, § 1, 77 Stat. 401, renumbered § 304, Oct. 20, 1965, Pub. L. 89-272, title I, § 101(4), 79 Stat. 992, and amended Nov. 21, 1967, Pub. L. 90-148, § 2, 81 Stat. 505, renumbered § 311, and amended Dec. 31, 1970, Pub. L. 91-604, §§ 12(a), 15(c) (a), 84 Stat. 1705, 1713.)

AMENDMENTS

1970-Pub. L. 91-604, § 15(c) (2), substituted "Administrator" for "Secretary" and "Secretary of Health, Education, and Welfare".

1967-Pub. L. 90-148 reenacted section without change. TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products, radiation as used in the healing arts, and occupational exposure to radiation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1857f-5a of this title.

§ 1857j-1. Comprehensive economic cost studies.

(a) In order to provide the basis for evaluating programs authorized by this chapter and the development of new programs and to furnish the Congress with the information necessary for authorization of appropriations by fiscal years beginning after June 30, 1969, the Administrator, in cooperation with State, interstate, and local air pollution control agencies, shall make a detailed estimate of the cost of carrying out the provisions of this chapter; a comprehensive study of the cost of program implementation by affected units of government; and a comprehensive study of the economic impact of air quality standards on the Nation's industries, communities, and other contributing sources of pollution, including an analysis of the national requirements for and the cost of controlling emissions to attain

such standard of air quality as may be established pursuant to this chapter or applicable State law. The Administrator shall submit such detailed estimate and the results of such comprehensive study of cost for the five-year period beginning July 1, 1969, and the results of such other studies, to the Congress not later than January 10, 1969, and shall submit a reevaluation of such estimate and studies annually thereafter.

(b) The Administrator shall also make a complete investigation and study to determine (1) the need for additional trained State and local personnel to carry out programs assisted pursuant to this chapter and other programs for the same purpose as this chapter; (2) means of using existing Federal training programs to train such personnel; and (3) the need for additional trained personnel to develop, operate and maintain those pollution control facilities designed and installed to implement air quality standards. He shall report the results of such investigation and study to the President and the Congress not later than July 1, 1969. (July 14, 1955, ch. 360, title III, § 312, formerly § 305, as added Nov. 21, 1967, Pub. L. 90-148, § 2, 81 Stat. 505, renumbered and amended Dec. 31, 1970, Pub. L. 91-604, §§ 12(a), 15(c) (2), 84 Stat. 1705, 1713.)

AMENDMENTS

1970-Pub. L. 91-604, § 15 (c) (2), substituted "Administrator" for "Secretary" wherever appearing.

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products, radiation as used in the healing arts, and occupational exposure to radiation.

§ 1857j-2. Additional reports to Congress.

Not later than six months after November 21, 1967, and not later than January 10 of each calendar year beginning after such date, the Administrator shall report to the Congress on measures taken toward implementing the purpose and intent of this chapter including, but not limited to, (1) the progress and problems associated with control of automotive exhaust emissions and the research efforts related thereto; (2) the development of air quality criteria and recommended emission control requirements; (3) the status of enforcement actions taken pursuant to this chapter; (4) the status of State ambient air standards setting, including such plans for implementation and enforcement as have been developed; (5) the extent of development and expansion of air pollution monitoring systems; (6) progress and problems related to development of new and improved control techniques; (7) the development of quantitative and qualitative instrumentation to

monitor emissions and air quality; (8) standards set or under consideration pursuant to subchapter II of this chapter; (9) the status of State, interstate, and local pollution control programs established pursuant to and assisted by this chapter; and (10) the reports and recommendations made by the President's Air Quality Advisory Board. (July 14, 1955, ch. 360, title III, § 313, formerly § 306, as added Nov. 21, 1967, Pub. L. 90-148, § 2, 81 Stat. 506, renumbered and amended Dec. 31, 1970, Pub. L. 91-604, §§ 12(a), 15(c) (2), (84 Stat. 1705, 1713.)

AMENDMENTS

1970-Pub. L. 91-604, § 15(c) (2), substituted "Administrator" for "Secretary".

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. — transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products, radiation as used in the healing arts, and occupational exposure to radiation.

§ 1857j-3. Labor standards.

The Administrator shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on projects assisted under this chapter shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the locality as determined by the Secretary of Labor, in accordance with the Act of March 3, 1931, as amended, known as the Davis-Bacon Act. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 276c of Title 40. (July 14, 1955, ch. 360, title III, § 314, formerly § 307, as added Nov. 21, 1967, Pub. L. 90-148, § 2, 81 Stat. 506, renumbered and amended Dec. 31, 1970, Pub. L. 91-604, §§ 12(a), 15(c) (2), 84 Stat. 1705, 1713.)

REFERENCES IN TEXT

The Davis-Bacon Act, referred to in text, is act Mar. 3, 1931, ch. 411, 46 Stat. 1494, which is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.

AMENDMENTS

1970-Pub. L. 91-604, § 15(c) (2), substituted "Administrator" for "Secretary" meaning the Secretary of Health, Education, and Welfare.

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a)(3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -, transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education,

and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products, radiation as used in the healing arts, and occupational exposure to radiation.

§ 1857k. Separability of provisions.

If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter shall not be affected thereby. (July 14, 1955, ch. 360, title III, § 315, formerly § 12, as added Dec. 17, 1963, Pub. L. 88-206, § 1, 77 Stat. 401, renumbered § 305, Oct. 20, 1965, Pub. L. 89-272, title I, § 101(4), 79 Stat. 992, amended and renumbered § 308, Nov. 21, 1967, Pub. L. 90-148, § 2, 81 Stat. 506, renumbered § 315, Dec. 31, 1970, Pub. L. 91-604, § 12(a), 84 Stat. 1705.)

AMENDMENTS

1967-Pub. L. 90-148 reenacted section without change. TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products, radiation as used in the healing arts, and occupational exposure to radiation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred in in section 1857c of this title. § 18571. Appropriations.

There are authorized to be appropriated to carry out this chapter, other than sections 1857b (f) (3) and (d), 1857b-1, 1857f-6e, and 1858a of this title, $125,000,000 for the fiscal year ending June 30, 1971, $225,000,000 for the fiscal year ending June 30, 1972, and $300,000,000 for the fiscal year ending June 30, 1973. (July 14, 1955, ch. 360, title III, § 316, formerly § 13, as added Dec. 17, 1963, Pub. L. 88-206, § 1, 77 Stat. 401, amended and renumbered § 306, Oct. 20, 1965, Pub. L. 89-272, title I, § 101(4), (6), (7), 79 Stat. 992; Oct. 15, 1966, Pub. L. 89-675, § 2(a), 80 Stat. 954, renumbered § 309, and amended Nov. 21, 1967, Pub. L. 90-148, § 2, 81 Stat. 506, renumbered § 316, and amended Dec. 31, 1970, Pub. L. 91-604, §§ 12(a), 13(b), 84 Stat. 1705, 1709.)

PRIOR PROVISIONS

Provisions similar to this section were contained in former section 1857d, act July 14, 1955, ch. 360, § 5, 69 Stat. 322, as amended Sept. 22, 1959, Pub. L. 86-365,

§ 1, 73 Stat. 646; Oct. 9, 1962, Pub. L. 87-761, § 1, 76 Stat. 760, prior to the general amendment of this chapter by Pub. L. 88-206.

AMENDMENTS

1970-Pub. L. 91-604, § 13(b), substituted provisions authorizing appropriations for the fiscal years June 30, 1971, June 30, 1972, and June 30, 1973, for provisions authorizing appropriations of $74,000,000 for fiscal year ending June 30, 1968, $95,000,000 for fiscal year ending June 30, 1969, and $134,000,000 for fiscal year ending June 30, 1970, and added sections 1857b(f) (3), 18571-6e, and 1858a of this title to the enumeration of excepted sections.

1967-Pub. L. 90-148 inserted provision excepting sections 1857b (d) and 1857b-1 of this title from the sections for which appropriations are authorized, struck out provision authorizing an appropriations of $46,000,000 for the fiscal year ending June 30, 1967, raised from $66,000,000 to $74,000,000 the authorization for appropriation for fiscal year ending June 30, 1968, and from $74,000,000 to $95,000,000 the authorization for appropriation for fiscal year ending June 30, 1969, and added authorization for an appropriation of $134,300,000 for the fiscal year ending June 30, 1970.

1966-Pub. L. 89-675 substituted provisions authorizing appropriations to carry out the chapter of $46,000,000 for the fiscal year ending June 30, 1967, $66,000,000 for the fiscal year ending June 30, 1968, and $74,000,000 for the fiscal year ending June 30 1969 for provisions authorizing appropriations to carry out subchapter I of this chapter for fiscal years ending on June 30, 1965, 1966, and 1967.

1965-Pub. L. 89-272 deleted former subsec. (a), which authorized an appropriation of not to exceed $5,000,000 for the fiscal year ending June 30, 1964 to carry out section 1857c of this title, redesignated former subsec. (b) as the entire section, and substituted "title I" for "this Act". which for purposes of codification has been changed to "subchapter I of this chapter."

EXTENSION TO AUG. 31, 1970, OF AUTHORIZATION PERIOD FOR FISCAL YEAR 1970

Pub. L. 91-316, July 10, 1970, 84 Stat. 416, provided, in part, that the authorization contained in section 309 of the Clean Air Act [this section] for the fiscal year ending June 30, 1970, should remain available through Aug. 31, 1970, notwithstanding any provisions of this section.

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -, transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products, radiation as used in the healing arts, and occupational exposure to radiation.

SUBCHAPTER IV.-NOISE POLLUTION

§ 1858. Office of Noise Abatement and Control; investigation and study of noise and its effects on the public health and welfare; report and recommendations by December 31, 1971.

(a) The Administrator shall establish within the Environmental Protection Agency an Office of Noise Abatement and Control, and shall carry out through such Office a full and complete investigation and study of noise and its effect on the public health and welfare in order to (1) identify and classify causes and sources of noise, and (2) determine

(A) effects at various levels;

(B) projected growth of noise levels in urban areas through the year 2000;

(C) the psychological and physiological effect on humans;

(D) effects of sporadic extreme noise (such as jet noise near airports) as compared with constant noise;

(E) effect on wildlife and property (including values);

(F) effect of sonic booms on property (including values); and

(G) such other matters as may be of interest in the public welfare.

(b) In conducting such investigation, the Administrator shall hold public hearings, conduct research, experiments, demonstrations, and studies. The Administrator shall report the results of such investigation and study, together with his recommendations for legislation or other action, to the President and the Congress not later than one year after December 31, 1970.

(c) In any case where any Federal department or agency is carrying out or sponsoring any activity resulting in noise which the Administrator determines amounts to a public nuisance or is otherwise objectionable, such department or agency shall consult with the Administrator to determine possible means of abating such noise. (July 14, 1955, ch. 360, title IV, § 402, as added Dec. 31, 1970, Pub. L. 91–604, § 14, 84 Stat. 1709.)

SHORT TITLE

Section 401 of act July 14, 1955, as added Dec. 31, 1970, Pub. L. 91-604, § 14, 84 Stat. 1709, provided that: "This title [this subchapter] may be cited as the 'Noise Pollution and Abatement Act of 1970'."

§ 1858a. Authorization of appropriations.

There is authorized to be appropriated such amount, not to exceed $30,000,000, as may be necessary for the purposes of this subchapter. (July 14, 1955, ch. 360, title IV, § 403, as added Dec. 31, 1970, Pub. L. 91-604, § 14, 84 Stat. 1710.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 18571 of this title.

Chapter 16.-NATIONAL SCIENCE FOUNDATION

Sec.

1861. Establishment; composition. 1862. Functions.

(a) Initiation and support of studies and programs; scholarships; current register of scientific and technical personnel.

(b) Contracts, grants, loans, etc., for scientific activities; financing of programs.

(c) Scientific research programs at academic and other nonprofit institutions; applied scientific research programs by Presidential directive; employment of consulting services; coordination of activities.

(d) Promotion of basic research and education in the sciences.

(e) Balancing of research and educational activities in the sciences.

(f) Annual report to the President and Congress. 1863. National Science Board.

(a) Composition; appointment; establishment of policies of the Foundation.

(b) Executive Committee; delegation of powers and functions.

Sec.

1863. National Science Board.-Continued

(c) Qualifications for Board membership; recom-
mendations.

(d) Term of office; reappointment.
(e) Meetings; quorum; notice.

(f) Election of Chairman and Vice Chairman;
vacancy.

(g) Annual report to the President and Congress; recommendations.

(h) Appointment and assignment of staff; compensation; security requirements.

(1) Special commissions.

(1) Committees; survey and advisory functions. 1864. Director of Foundation.

(a) Appointment; compensation; term of office.
(b) Exercise of authority of Foundation; actions
as final and binding upon the Foundation.
(c) Delegation and redelegation of functions.
(d) Formulation of programs.

(e) Authority to contract, grant, etc.; limitations
and conditions; waiver.

(1) Status; power to vote and hold office. 1864a. Deputy Director of the Foundation; Assistant Directors; appointment; compensation; powers and duties.

[blocks in formation]

1873. Employment of personnel.

(a) Appointment; compensation; application of
civil service laws; technical and profes-
sional personnel; members of special com-
missions.

(b) Outside employment and activities.
(c) Operation of laboratories and pilot plans.
(d) Compensation of members of Board and spe-
cial commissions.

(e) Federal officers as members of special com-
missions; compensation.

(f) Utilization of appropriations in making contracts.

(g) Transfer of research funds of other Government departments or agencies.

(h) Definition.

(1) Expiration of authorization.

1874. Security provisions.

(a) Nuclear energy research and development. (b) Research relating to national defense.

(c) Clearance of personnel by Civil Service Commission.

(d) Oath and statement prerequisite to acceptance of scholarship or fellowship; ineligibility of Communist organization members; penalties.

1875. Appropriations.

1876. Science Information Service; functions.
1877. Science Information Council.

(a) Establishment; membership; elections and
appointments; tenure; reappointment.
(b) Duties and meetings.

(c) Compensation and allowance for expenses. 1878. Functions relating to Science Information Service and Council.

1879. Appropriations for Science Information Service and Council.

Sec.

1880. National Medal of Science. 1881. Same; award; number; citizenship; ceremonies. 1882. Information furnished to Congressional committees.

§ 1861. Establishment; composition.

There is established in the executive branch of the Government an independent agency to be known as the National Science Foundation (hereinafter referred to as the "Foundation"). The Foundation shall consist of a National Science Board (hereinafter referred to as the "Board") and a Director. (May 10, 1950, ch. 171, § 2, 64 Stat. 149.)

SHORT TITLE

Section 1 of act May 10, 1950, provided that act May 10, 1950, which is classified to this chapter, should be popularly known as the "National Science Foundation Act of 1950."

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND

ORGANIZATION

Amendments by Pub.L. 90-407, July 18, 1868, 82 Stat. 360, intended to continue in effect the existing offices, procedures, and organization of the Foundation as provided by this chapter, part II of Reorg.Plan No. 2 of 1962 [set out below], and Reorg.Plan, No. 5 of 1965 [set out in Appendix to Title 5], but on and after July 18, 1968, part II of Reorg.Plan No. 2 of 1962, and Reorg.Plan No. 5 of 1965, as being of no force or affect, and nothing in Pub.L. 90-407 as altering or affecting any transfers of functions made by part I of Reorg Plan No. 2 of 1962, see section 16 of Pub.L. 90-407, set out as Continuation of Existing Offices, Procedures, and Organization of the National Science Foundation note under section 1862 of this title.

REORGANIZATION PLAN No. 2 of 1962

Eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, as amended Aug. 14, 1964, Pub. L. 88-426, title III, § 305(41), 78 Stat. 427

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 29, 1962, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended [chapter 9 of Title 5].

CERTAIN SCIENCE AGENCIES AND FUNCTIONS PART I. OFFICE OF SCIENCE AND TECHNOLOGY Section 1. Office of Science and Technology. There is hereby established in the Executive Office of the President the Office of Science and Technology, hereafter in this Part referred to as the Office.

Sec. 2. Director and deputy. (a) There shall be at the head of the Office the Director of the Office of Science and Technology, hereafter in this Part referred to as the Director. The Director shall be appointed by the President by and with the advice and consent of the Senate. (b) There shall be in the Office a Deputy Director of the Office of Science and Technology, who shall be appointed by the President by and with the advice and consent of the Senate. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or in the event of vacancy in the office of Director.

(c) No person shall while holding office as Director or Deputy Director engage in any other business, vocation, or employment.

Sec. 3. Transfer and performance of functions. (a) There are hereby transferred from the National Science Foundation to the Director:

(1) So much of the functions conferred upon the Foundation by the provisions of section 3(a)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1862 (a) (1) [section 1862 (a)(1) of this title]) as will enable the Director to advise and assist the President in achieving coordinated Federal policies for the promotion of basic research and education in the sciences.

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