United States Code

(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.)

REFERENCES IN TEXT

Patent laws of the United States, referred to in subsec. (b), are set out in Title 35, Patents.

§ 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 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 deem 1 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; July 18, 1968, Pub. L. 90-407, § 10, 82 Stat. 365.)

AMENDMENTS

1968-Subsec. (a). Pub. L. 90-407 struck out ", with the approval of the Board," following "The Director", and substituted "section 15(d)(2) of this Act" for "section 16(d) (2) of this Act", which resulted in no substantive change in the text of the present section, since, for purposes of classification, provision was translated as "section 1874 (d) (2) of this title" by prior amendment.

1 So in original.

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." CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF THE NATIONAL SCIENCE FOUNDATION Amendment by Pub. L. 90-407 intended to continue in effect the existing offices, procedures, and organization of the Foundation, see section 16 of Pub. L. 90-407, set out as a note under section 1862 of this title.

§ 1872a. Repealed. Pub. L. 90-407, § 11(1), July 18, 1968, 82 Stat. 365.

Section, act May 10, 1950, ch. 171, § 14, as added July 11, 1958, Pub. L. 85-510, § 2, 72 Stat. 353, authorized the Foundation, in carrying out a program of study, research, and evaluation in the field of weather modification, to consult with meteorologists and scientists, make contracts and grants, accept gifts, loan property, conduct hearings, and subpoena books and records.

EFFECTIVE DATE OF REPEAL

Section 11 (1) of Pub. L. 90-407 provided in part that the repeal of section 14 of the National Science Foundation Act of 1950 [this section] was effective September 1, 1968, and that provisions authorizing the foundation to initiate and support programs in the field of weather modification should remain in effect until September 1, 1968 for purpose of this section.

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF THE NATIONAL SCIENCE FOUNDATION Repeal by Pub. L. 90-407 intended to continue in effect the existing offices, procedures, and organization of the Foundation, see section 16 of Pub. L. 90-407, set out as a note under section 1862 of this title.

§ 1873. Employment of personnel.

(a) Appointment; compensation; application of civil service laws; technical and professional personnel; members of special commissions.

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. Except as provided in section 1863 (h) of this title, such appointments shall be made and such compensation shall be fixed in accordance with the provisions of Title 5, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of Title 5 relating to classification and General Schedule pay rates: 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 provisions, as he may deem necessary for the discharge of the responsibilities of the Foundation under this chapter. The members of the special commissions shall be appointed without regard to the provisions of Title 5, governing appointments in the competitive service.

(b) Outside employment and activities.

Neither the Director, the Deputy Director, nor any Assistant Director shall engage in any other business, vocation, or employment while serving in such position; nor shall the Director, the Deputy Director, or any Assistant Director, except with the approval of the Board, hold any office in, or act in any capacity

for, any organization, agency, or institution with which the Foundation makes any grant, contract, or other arrangement under this chapter.

The Foundation shall not, itself, operate any laboratories or pilot plants.

(d) Compensation of members of Board and special commissions.

The members of the Board and the members of each special commission shall receive compensation at the rate of $100 for each day engaged in the business of the Foundation pursuant to authorization of the Foundation and shall be allowed travel expenses as authorized by section 5703 of Title 5.

(e) Federal officers as members of special commissions; compensation.

Persons holding other offices in the executive branch of the Federal Government may serve as members of special commissions, but they shall not receive remuneration for their services as such members during any period for which they receive compensation for their services in such other offices. (f) Utilization of appropriations in making contracts. In making contracts or other arrangements for scientific research, the Foundation shall utilize appropriations available therefor in such manner as will in its discretion best realize the objectives of (1) having the work performed by organizations, agencies, and institutions, or individuals in the United States or foreign countries, including Government agencies of the United States and of foreign countries, qualified by training and experience to achieve the results desired, (2) strengthening the research staff of organizations, particularly nonprofit organizations, in the United States, (3) adding institutions, agencies, or organizations which, if aided, will advance scientific research, and (4) encouraging independent scientific research by individuals.

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

Funds available to any department or agency of the Government for scientific or technical research, or the provision of facilities therefor, shall be available for transfer, with the approval of the head of the department or agency involved, in whole or in part, to the Foundation for such use as is consistent with the purposes for which such funds were provided, and funds so transferred shall be expendable by the Foundation for the purposes for which the transfer was made.

(h) Definition.

For purposes of this chapter, the term "United States" when used in a geographical sense means the States, the District of Columbia, the Commonwealth of Puerto Rico, and all territories and possessions of the United States.

(i) Expiration of authorization.

Notwithstanding any other provision of law, the authorization of any appropriation to the Foundation shall expire (unless an earlier expiration is specifically provided) at the close of the second fiscal year following the fiscal year for which the authorization was enacted, to the extent that such appropriation

has not theretofore actually been made. (May 10, 1950, ch. 171, § 14, 64 Stat. 154, renumbered § 15, July 11, 1958, Pub. L. 85-510, § 2, 72 Stat. 353, amended Sept. 8, 1959, Pub. L. 86–232, § 8, 73 Stat. 469, renumbered § 14, and amended July 18, 1968, Pub. L. 90-407, §§ 11(2), 12, 82 Stat. 365, 366; Nov. 18, 1969, Pub. L. 91-120, § 3, 83 Stat. 203.)

REFERENCES IN TEXT

The civil-service laws, referred to in the text, are classified generally to Title 5, Government Organization and Employees.

AMENDMENTS

1969 Subsec. (1). Pub. L. 91-120 added subsec. (1). 1968-Subsec. (a). Pub. L. 90-407, § 12, substituted provisions making appilcable chapter 51 and subchapter III of chapter 53 of Title 5, relating to classification and General Schedule pay rates, for provisions making applicable the civil-service laws and regulations and the Classification Act of 1949, and provisions that the members of special commissions be appointed without regard to the provisions of Title 5, governing appointments in the competitive service, for provisions that the Deputy Director, and members of divisional committees and special commissions be appointed without regard to the civil-service laws or regulations. Provisions this subsection, relating to outside employment and activities of certain specified officers of the Foundation, were designated as subsec. (b).

Subsec. (b). Pub. L. 90-407, § 12, redesignated provisions of former subsec. (a) as (b), and, as so redesignated, added Assistant Directors to the specified officers of the Foundation prohibited from engaging in outside employment and activities. Former subsec. (b), providing for the appointment of a Deputy Director, was eliminated.

Subsec. (d). Pub. L. 90-407, § 12, eliminated applicability to members of each divisional committee, and substituted "$100" for "$50" and "section 5703" for "section 73b-2". Subsec. (e). Pub. L. 90-407, § 12, struck out "the divisional committees and" following "may serve as members of".

Subsec. (f). Pub. L. 90-407, § 12, redesignated former subsec. (g) as (f), and, as so redesignated, in cl. (2) substituted "United States" for "States, Territories, possessions, and the District of Columbia", in cl. (3) substituted "advance scientific research" for "advance basic research", and in cl. (4) substituted "independent scientific research" for "independent basic research". Former subsec. (f), exempting members of the Board, divisional committees, or special commissions form the provisions of former sections 281, 283, or 284 of Title 18 or former section 99 of Title 5, unless the act made unlawful by the aforementioned former sections directly involved or directly interested the Foundation, was eliminated.

Subsec. (g). Pub. L. 90-407 redesignated former subsec. (h) as (g), and, as so redesignated, struck out "and, until such time as an appropriation is made available directly to the Foundation, for general administrative expenses of the Foundation without regard to limitations otherwise applicable to such funds" following "the purposes for which the transfer was made". Former subsec. (g) was redesignated as (f).

Subsec. (h). Pub. L. 90-407 added subsec. (h). Former subsec. (h) was redesignated as (g).

Subsec. (1). Pub. L. 90-407 struck out subsec. (1), which provided for the transfer of the National Roster of Scientific and Specialized Personnel from the United States Employment Service to the Foundation.

1959 Subsec. (d). Pub L. 86-232 increased compensation for $25 to $50 per diem.

TRANSFER OF FUNCTIONS

Authority of Director of the National Science Foundation, from time to time, to make appropriate provisions authorizing the performance by any other officer, or by any agency or employee, of the National Science Foundation of any of his functions (including functions delegated to him by the National Science Board), see Reorg. Plan No. 5 of 1965, eff. July 27, 1965, 30 F.R. 9355, 79 Stat. 1323, set out in the Appendix to Title 5, Government Organization and Employees.

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND ORGANIZATION OF THE NATIONAL SCIENCE FOUNDATION Amendment by Pub. L. 90-407 intended to continue in effect the existing offices, procedures, and organization of the Foundation, see section 16 of Pub. L. 90-407, set out as a note under section 1862 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1862, 1863, 1874 of this title.

§ 1874. Security provisions.

(a) Nuclear energy research and development.

The Foundation shall not support any research or development activity in the field of nuclear energy, nor shall it exercise any authority pursuant to section 1870 (e) of this title in respect to that field, without first having obtained the concurrence of the Atomic Energy Commission that such activity will not adversely affect the common defense and security. To the extent that such activity involves restricted data as defined in the Atomic Energy Act of 1954 the provisions of that Act regarding the control of the dissemination of restricted data and the security clearance of those individuals to be given access to restricted data shall be applicable. Nothing in this chapter shall supersede or modify any provision of the Atomic Energy Act of 1954.

(b) Research relating to national defense.

(1) In the case of scientific or technical research activities under this chapter in connection with matters relating to the national defense, with respect to which funds have been transferred to the Foundation from the Department of Defense in accordance with the provisions of section 1873 (g) of this title, the Secretary of Defense shall establish such security requirements and safeguards, including restrictions with respect to access to information and property, as he deems necessary.

(2) In the case of scientific research activities under this chapter in connection with matters relating to the national defense other than research activities referred to in paragraph (1) of this subsection, the Foundation shall establish such security requirements and safeguards, including restrictions with respect to access to information and property, as it deems necessary.

(3) Any agency of the Government exercising investigatory functions is authorized to make such investigations and reports as may be requested by the Foundation in connection with the enforcement of security requirements and safeguards, including restrictions with respect to access to information and property, established under paragraph (1) or (2) of this subsection.

No employee of the Foundation shall be permitted to have access to information or property with respect to which access restrictions have been established under subsection (b) (1) or (2) of this section until the Civil Service Commission shall have made an investigation into the character, associations, and loyalty of such individual and shall have reported the findings of said investigation to the Foundation, and the Foundation shall have deter

mined that permitting such individual to have access to such information or property will not endanger the common defense and security.

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

(1) No part of any funds appropriated or otherwise made available for expenditure by the Foundation under authority of this chapter shall be used to make payments under any scholarship or fellowship awarded to any individual under section 1869 of this title, unless such individual

(A) has taken and subscribed to an oath or affirmation in the following form: "I do solemnly swear (or affirm) that I bear true faith and allegiance to the United States of America and will support and defend the Constitution and laws of the United States against all its enemies, foreign and domestic"; and

(B) has provided the Foundation (in the case of applications made on or after October 1, 1962) with a full statement regarding any crimes of which he has ever been convicted (other than crimes committed before attaining sixteen years of age and minor traffic violations for which a fine of $25 or less was imposed) and regarding any criminal charges punishable by confinement of thirty days or more which may be pending against him at the time of his application for such scholarship or fellowship.

The provisions of section 1001 of Title 18, shall be applicable with respect to the oath or affirmation and statement herein required.

(2) (A) When any Communist organization, as defined in section 782 (5) of Title 50, is registered or there is in effect a final order of the Subversive Activities Control Board requiring such organization to register, it shall be unlawful for any member of such organization with knowledge or notice that such organization is so registered or that such order has become final (i) to make application for any scholarship or fellowship which is to be awarded from funds part or all of which are appropriated or otherwise made available for expenditure under the authority of section 1869 of this title, or (ii) to use or attempt to use any such award.

(B) Whoever violates subparagraph (A) of this paragraph shall be fined not more than $10,000, or imprisoned not more than five years, or both. (May 10, 1950, ch. 171, § 15, 64 Stat. 156; Apr. 5, 1952, ch. 159, 1, 66 Stat. 43; renumbered § 16, July 11, 1958, Pub. L. 85-510, § 2, 72 Stat. 353, and amended Oct. 16, 1962, Pub. L. 87-835, § 1, 76 Stat. 1069, and renumbered § 15, and amended July 18, 1968, Pub. L. 90-407, §§ 11(2), 13, 82 Stat. 365, 366.)

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (a), is classified to chapter 23 of this title. "That Act", referred to in said subsec. (a), refers to the Atomic Energy Act of 1954.

AMENDMENTS

1968 Subsec. (a). Pub. L. 90-407, § 13, substituted "1954" for "1946".

Subsec. (b) (1). Pub. L. 90-407, § 13, substituted "section 1873 (g) of this title" for section 1873 (h) of this title". 1962 Subsec. (d). Pub. L. 87-835 designated existing provisions as par. (1), added the reference to section

1869 of this title, and substituted the requirement, for applications made on or after Oct. 1, 1962, of a full statement regarding convictions for crimes, other than any committed before age 16 or for minor traffic violations, and any criminal charges punishable by thirty days confinement, or more, pending at time of application for scholarship or fellowship, for the requirement of an affidavit stating the affiant did not believe in, and was not a member or supporter of any organization believing in, or teaching, the violent overthrow of the United States Government, or by any illegal means, in such par. (1), and added par. (2).

1952-Subsec. (c). Act Apr. 5, 1952, substituted the "Civil Service Commission" for the "Federal Bureau of Investigation".

BASIC SCIENTIFIC RESEARCH; INCREASE IN GOVERNMENT SUPPORT; NATIONAL SCIENCE FOUNDATION

Pub. L. 91-441, title II, § 205, Oct. 7, 1970, 84 Stat. 908, provided that:

"It is the sense of the Congress that

"(1) an increase in Government support of basic scientific research is necessary to preserve and strengthen the sound technological base essential both to protection of the national security and the solution of unmet domestic needs; and

"(2) a larger share of such support should be provided hereafter through the National Science Foundation."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1872 of this title and in title 5 section 1304.

§ 1875. Appropriations.

(a) To enable the Foundation to carry out its powers and duties, there is hereby authorized to be appropriated to the Foundation for the fiscal year ending June 30, 1969, the sum of $525,000,000; but for the fiscal year ending June 30, 1970, and each subsequent fiscal year, only such sums may be appropriated as the Congress may hereafter authorize by law. Sums authorized by this subsection shall be in addition to sums authorized by section 1122(b) (1) of Title 33.

(b) Appropriations made pursuant to the authority provided in subsection (a) of this section shall remain available for obligation, for expenditure, or for obligation and expenditure, for such period or periods as may be specified in the Acts making such appropriations. (May 10, 1950, ch. 171, § 16, 64 Stat. 157; Aug. 8, 1953, ch. 377, 67 Stat. 488, renumbered § 17, July 11, 1958, Pub. L. 85-510, § 2, 72 Stat. 353, and renumbered § 16, and amended July 18, 1968, Pub. L. 90-407, §§ 11(2), (14), 82 Stat. 365, 366.)

CODIFICATION

Section 1122(b) (1) was, in the original, section 201(b) (1) of the Marine Resources and Engineering Development Act of 1966. For purposes of classification, section 201(b)(1) of the Marine Resources and Engineering Development Act of 1966 was translated as section 1122(b) (1) of Title 33 as the probable intent of Congress.

AMENDMENTS

1968 Subsec. (a). Pub. L. 90-407, § 14, substituted provisions authorizing the appropriation of funds for the fiscal year ending June 30, 1969, June 30, 1970, and each subsequent fiscal year, such sums to be in addition to sums authorized by section 1122(b)(1) of Title 33, for

provisions authorizing the appropriation of such sums as may be necessary to carry out the provisions of this chapter out of any money in the Treasury not otherwise appropriated.

1953 Subsec. (a). Act Aug. 8, 1953, removed the $15 million limitation on the amount of the annual appropriations.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1869 of this title.

§ 1876. Science Information Service; functions.

The National Science Foundation shall establish a Science Information Service. The Foundation, through such Service, shall (1) provide, or arrange for the provision of, indexing, abstracting, translating, and other services leading to a more effective dissemination of scientific information, and (2) undertake programs to develop new or improved methods, including mechanized systems, for making scientific information available. (Pub. L. 85-864, title IX, § 901, Sept. 2, 1958, 72 Stat. 1601.)

CODIFICATION

Section was enacted as part of the National Defense Education Act of 1958, Pub. L. 85-864, and not as part of this chapter, which constitutes the National Science Foundation Act of 1950.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1877, 1878, 1879 of this title.

§ 1877. Science Information Council.

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

The National Science Foundation shall establish, in the Foundation, a Science Information Council (hereafter in sections 1876 to 1879 of this title referred to as the "Council") consisting of the Librarian of Congress, the director of the National Library of Medicine, the director of the Department of Agriculture library, and the head of the Science Information Service, each of whom shall be ex officio members, and fifteen members appointed by the Director of the National Science Foundation. The Council shall annually elect one of the appointed members to serve as chairman until the next election. Six of the appointed members shall be leaders in the fields of fundamental science, six shall be leaders in the fields of librarianship and scientific documentation, and three shall be outstanding representatives of the lay public who have demonstrated interest in the problems of communication. Each appointed member of such Council shall hold office for a term of four 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 only for the remainder of such term, and (2) that of the members first appointed, four shall hold office for a term of three years, four shall hold office for a term of two years, and three shall hold office for a term of one year, as designated by the Director of the National Science Foundation at the time of appointment. No appointed member

of the Council shall be eligible for reappointment until a year has elapsed since the end of his preceding term.

(b) Duties and meetings.

It shall be the duty of the Council to advise, to consult with, and to make recommendations to, the head of the Science Information Service. The Council shall meet at least twice each year, and at such other times as the majority thereof deems appropriate.

Persons appointed to the Council shall, while serving on business of the Council, receive compensation at rates fixed by the National Science Foundation, but not to exceed $100 per day, and shall also be entitled to receive an allowance for actual and necessary travel and subsistence expenses while so serving away from their places of residence. (Pub. L. 85-864, title IX, § 902, Sept. 2, 1958, 72 Stat. 1601; Pub. L. 90-407, § 15(b), July 18, 1968, 82 Stat. 367.) CODIFICATION

Section was enacted as part of the National Defense Education Act of 1958, Pub. L. 85-864, and not as part of this chapter, which constitutes the National Science Foundation Act of 1950.

of this chapter, which constitutes the National Science Foundation Act of 1950.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1877, 1878 of this title.

§ 1880. National Medal of Science.

There is established a National Medal of Science (hereinafter referred to as the "medal"), which shall be of such design and materials and bear such inscriptions as the President, on the basis of recommendations submitted by the National Science Foundation, may prescribe, and shall be awarded as provided in section 1881 of this title. (Pub. L. 86209, § 1, Aug. 25, 1959, 73 Stat. 431.) CODIFICATION

Section was not enacted as a part of the National Science Foundation Act of 1950 which comprises this chapter.

§ 1881. Same; award; number; citizenship; ceremonies.

(a) The President shall from time to time award the medal, on the basis of recommendations received from the National Academy of Sciences or on the basis of such other information and evidence as he deems appropriate, to individuals who in his judgment are deserving of special recognition by reason of their outstanding contributions to knowledge in the physical, biological, mathematical, or engineering sciences.

(b) Not more than twenty individuals may be awarded the medal in any one calendar year. (c) An individual may not be awarded the medal unless at the time such award is made he

(1) is a citizen or other national of the United States; or

(2) is an alien lawfully admitted to the United States for permanent residence who (A) has filed an application for petition for naturalization in the manner prescribed by section 1445 (b) of Title 8 and (B) is not permanently ineligible to become a citizen of the United States.

(d) The presentation of the award shall be made by the President with such ceremonies as he may deem proper, including attendance by appropriate Members of Congress. (Pub. L. 86-209, § 2, Aug. 25, 1959, 73 Stat. 431.)

CODIFICATION

Section was not enacted as a part of the National Science Foundation Act of 1950 which comprises this chapter.

§ 1882. Information furnished to Congressional committees.

Notwithstanding any provision of this chapter, or any other provision of law, the Director of the National Science Foundation shall keep the Committee on Science and Astronautics of the House of Representatives and the Committee on Labor and Public Welfare of the Senate fully and currently informed with respect to all of the activities of the National Science Foundation. (Pub. L. 91-120, § 6, Nov. 18, 1969, 83 Stat. 203.)

CODIFICATION

Section was enacted as a part of the National Science Foundation Authorization Act, 1970, and not as a part of the National Science Foundation Act of 1950 which comprises this chapter.

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United States Code, Volume 9