APPENDIX A

NATIONAL SCIENCE FOUNDATION ACT OF 1950 (PUBLIC LAW 507-81ST CONGRESS) AS AMENDED THROUGH AUGUST 15, 1963, AND AS MODIFIED BY REORGANIZATION PLAN No. 2 of 1962, AND BY REORGANIZATION PLAN No. 5 of 1965

Section I. Public Law 507, as amended.

Section II. Reorganization Plan No. 2 of 1962.

Section III. Title IX, National Defense Education Act of 1958, establishing Science Information Service.

Section IV. Reorganization Plan No. 5 of 1965.

SECTION 1

[PUBLIC LAW 507-81ST CONGRESS]*

[64 STAT. 149]
[S. 247]

AN ACT To promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Science Foundation Act of 1950".

ESTABLISHMENT OF NATIONAL SCIENCE FOUNDATION (42 U.S.C. § 1861)

SEC. 2. There is hereby 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.

FUNCTIONS OF THE FOUNDATION (42 U.S.C. § 1862)

SEC. 3. (a) The Foundation is authorized and directed

(1) to develop and encourage the pursuit of a national policy for the promotion of basic research and education in the sciences; 1

(2) to initiate and support basic scientific research and programs to strengthen scientific research potential in the mathematical, physical, medical, biological, engineering, and other sciences, by making contracts or other arrangements (including grants, loans, and other forms of assistance) to support such scientific activities and to appraise the impact of research upon industrial development and upon the general welfare; 2

(3) at the request of the Secretary of Defense, to initiate and suppor specific scientific research activities in connection with matters relating to the national defense by making contracts or other arrangements (including grants, loans, and other forms of assistance) for the conduct of such scientific research;

(4) to award, as provided in section 10, scholarships and graduate fellowships in the mathematical, physical, medical, biological, engineering, and other sciences;

(5) to foster the interchange of scientific information among scientists in the United States and foreign countries;

*As amended by: Act of April 5, 1952 (P.L. 82-298; 66 Stat. 43) Act of Aug. 8, 1953 (P.L. 83-223; 67 Stat. 488), Act of July 11, 1958 (P.L. 85-510; 72 Stat. 353), Act of Sept. 8, 1959 (P.L. 86-232; 73 Stat. 467), Act of June 11, 1960 (P.L. 86-507; 74 Stat. 200), Act of June 29, 1960 (P.L. 86-550; 74 Stat. 256), Act of Oct. 16, 1962 (P.L. 87835; 76 Stat. 1069), and as modified by Reorganization Plan No. 2 of 1962, effective June 8, 1962 (76 Stat. 1253) (Text of Plan printed at end of Act).

1 Reorganization Plan No. 2 of 1962 (76 Stat. 1253), Part I, Sec. 3(a)(1) transferred from the Foundation to the Director of the Office of Science and Technology so much of the functions of this paragraph as will enable him to advise and assist the President in achieving coordinated Federal policies for the promotion of basic research and education in the sciences.

2 The Act of Sept. 8, 1959 (P.L. 86-232; 73 Stat. 467) amended this paragraph (2) by adding the phrase: "and programs to strengthen scientific research potential," and by substituting the phrase: "to support such scientific activities" for the phrase: "for the conduct of such basic scientific research.'

(6) to evaluate scientific research programs undertaken by agencies of the Federal Government,3 and to correlate the Foundation's scientific research programs with those undertaken by individuals and by public and private research groups;

(7) to establish such special commissions as the Board may from time to time deem necessary for the purposes of this Act;

(8) to maintain a register of scientific and technical personnel and in other ways provide a central clearing house for information covering all scientific and technical personnel in the United States, including its Territories and possessions;

(9) to initiate and support a program of study, research, and evaluation in the field of weather modification, giving particular attention to areas that have experienced floods, drought, hail, lightning, fog, tornadoes, hurricanes, or other weather phenomena, and to report annually to the President and the Congress thereon.

(b) In exercising the authority and discharging the functions referred to in subsection (a) of this section, it shall be one of the objectives of the Foundation to strengthen basic research and education in the sciences, including independent research by individuals, throughout the United States, including its Territories and possessions, and to avoid undue concentration of such research and education. (c) The Foundation shall render an annual report to the President for submission on or before the 15th day of January of each year to the Congress, summarizing the activities of the Foundation and making such recommendations as it may deem appropriate. Such report shall include (1) minority views and recommendations, if any, of members of the Board, and (2) information as to the acquisition and disposition by the Foundation of any patents and patent rights.

NATIONAL SCIENCE BOARD (42 U.S.C. § 1863)

SEC. 4. (a) 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 Áct, exercise the authority granted to the Foundation by this Act. 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) The term of office of cach 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 the date of enactment of this Act 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 the date of enactment of this Act. Any person who has been a member of the Board for twelve consecutive years shall thereafter be ineligible for appointment during the twoyear period following the expiration of such twelfth year.

(c) 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.5

(d) 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

3 Reorganization Plan No. 2 of 1962. Part I, Sec. 3(a) (2) transferred from the Foundation to the Director of the Office of Science and Technology the function of evaluating scientific research programs undertaken by agencies of the Federal Government.

The Act of July 11, 1958 (P.L. 85-510: 72 Stat. 353) added paragraph (9).

$ Subsection (c) is now covered by Subsection (e) of this section.

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) 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.

DIRECTOR OF THE FOUNDATION (42 U.S.C. § 1864)

SEC 5. (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 10 of the Board. In addition thereto he shall be the chief excutive 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 Act, the Director shall, in accordance with the policies established by the Board, exercise the powers granted by sections 10 and 11 of this Act, 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 10 or 11(c) unless in each instance the Board has reviewed and approved the action proposed to be taken, or such action is taken pursuant to the terms of a delegation of authority from the Board or the Executive Committee to the Director.11

POWER TO CREATE COMMITTEES 12 (42 U.S.C. § 1865)

SEC. 6 (a) The Board is authorized to appoint from among its members an Executive Committee,13 and to assign to the Executive Committee such of the powers and functions granted to the Board by this Act as it deems appropriate; except that the Board may not assign to the Executive Committee the function of establishing policies.14

(b) If an Executive Committee is established by the Board

(1) Such Committee shall consist of the Director, as a nonvoting ex officio member,15 and not less than five nor more than nine 16 other members elected by the Board from among their number.

The Act of June 11, 1960 (P.L. 86-507; 74 Stat. 200) inserted: "or by certified mail" following "registered mail."

7 The Act of September 8, 1959 (P.L. 86-232; 73 Stat. 467) amended this paragraph (d) by changing the day of the annual meeting from the first Monday in December to the third Monday in May.

The Act of September 8, 1959 (P.L. 86-232; 73 Stat. 467) amended this paragraph (e) by changing the day of expiration of the terms of the Chairman and Vice Chairman from the first Monday in December to the day of the annual meeting as provided in paragraph (d) supra.

Reorganization Plan No. 2 of 1962, Part II, Sec. 23(a) (2) abolished the Office of Director of the Foundation. Section 22 established a new Office of Director with a six year term (unless sooner removed by the President) and compensation at the rate of $21,000 per annum. The Plan also provided that the Director shall be appointed by the President by and with the advice and consent of the Senate; that the Director shall not engage in any other business, vocation, or employment, nor shall he, except with the approval of the Board, hold any office in or act in any capacity for, any organization or institution with which the Foundation makes any contract or other arrangement under this Act.

10 Reorganization Plan No. 2 of 1962, Part II, Sec. 23(b) (2) abolished this function of the Director as a nonvoting member of the Board; Part II, Sec. 22(c) provided that the Director shall be an ex-officio, voting member of the Board.

11 The Act of September 8, 1959 (P.L. 86-232; 73 Stat. 467) amended this paragraph (b) by adding the words following the last comma of the paragraph.

12 Reorganization Plan No. 2 of 1962, Part II, Sec. 23 (a) (1) abolished the Executive Committee authorized by this Section 6. Section 21 of the Reorganization Plan established a new Executive Committee and transferred to it the functions of the Executive Committee authorized by Section 6. Section 21 provides that the Executive Committee shall consist of five members, including the Director, ex officio, who shall be Chairman. Each of the four other members is elected by the Board for a term of two years, and is ineligible for service as a member during the two-year period following six consecutive years of service on the Committee.

13 Reorganization Plan No. 2 of 1962, Part II, Sec. 23(b)(1) abolished this function of the National Science Board to appoint an Executive Committee. (See Footnote 12.).

14 The Act of September 8, 1959 (P.L. 86-232; 73 Stat. 467) amended this paragraph (a) by striking out language which followed the word "policies": “ or the function of review and approval (except review and approval of minor modifications of contracts or other arrangements previously approved by the Board), to be exercised by the Board in accordance with Section 5(b).'

15 Reorganization Plan No. 2 of 1962, Part II, Sec. 23(b) (2) abolished the function of the Director as a non voting member of the Executive Committee; Part II, Sec. 21(a) provided that the Director shall be a voting member and Chairman of the Executive Committee.

The Act of September 8, 1959 (P.L. 86-232; 73 Stat. 467) amended this paragraph (1) by substituting: "not less than five nor more than nine" for "nine." Reorganization Plan No. 2 of 1962 provided that there shall be an Executive Committee of five members. (See Footnote 12.).

(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 the date of enactment of this Act 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) 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 Act.

DIVISIONS WITHIN THE FOUNDATION (42 U.S.C. § 1866)

SEC. 7. (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 the 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.

DIVISIONAL COMMITTEES (42 U.S.C. § 1867)

SEC. 8. (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.17

SPECIAL COMMISSIONS (42 U.S.C § 1868)

SEC. 9. (a) Each special commission established pursuant to section 3(a)(7) 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.

SCHOLARSHIPS AND GRADUATE FELLOWSHIPS (42 U.S.C. § 1869)

SEC. 10. The Foundation is authorized to award, within the limits of funds made available specifically for such purpose pursuant to section 17, scholarships and graduate fellowships for scientific study or scientific work in the mathematical,

17 Reorganization Plan No. 2 of 1962, Part II, Sec. 23(b)(3) abolished so much of the functions conferred upon divisional committees by this paragraph as consisted of making recommendations to, and advising and consulting with, the Board.