ESTABLISHMENT OF NATIONAL SCIENCE FOUNDATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000100070001-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 9, 2016
• Document Release Date: November 14, 2000
• Sequence Number: 1
• Publication Date: May 10, 1950
• Content Type: REGULATION

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PUBLIC LAW 5507-81ST CONGRESS
[CHAPTER 171-2D SESSION]
[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
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 (herein-
after referred to as the "Board") and a Director.
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;
(2) to initiate and support basic scientific research in the
mathematical, physical, medical, biological, engineering, and other
sciences, by making contracts or other arrangements (including
grants, loans, and other forms of assistance) for the conduct of
such basic scientific research and to appraise the impact of research
upon industrial development and upon the general welfare;
(3) at the request of the Secretary of Defense, to initiate and
support 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 grad-
uate 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;
(6) to evaluate scientific research programs undertaken. by
agencies of the Federal Government, and to correlate the Foun-
dation'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;
and
(8) to maintain a register of scientific and technical personnel
and in other ways provide a central clearinghouse for information
covering all scientific and technical personnel in the United States,
including its Territories and possessions.
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(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 posses-
sions, 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 mak-
ing -
ing 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.
Snc. 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 Act, exercise the authority granted to the Foundation
y 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 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 the
date of enactment of this Act shall expire, as designated by the Presi-
dent 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 two-year 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.
(d) The Board shall meet annually on the first Monday in December
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 majorit of the voting~ members of the Board shall con-
stitute a quorum. Each member shall be given notice, by registered
mail mailed to his last-known address of record not less than fifteen
days prior to any meeting, of the call of such meeting.
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(e) The first Chairman and Vice Chairman of the Board shall be
elected by the Board to serve until the first Mondayy in December next
succeeding the date of election at which time a Chairman and Vice
Chairman shall be elected for a term of two years. Thereafter such
election shall take place at the annual meeting occurring at the end of
each such term. 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
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
of the Board. In addition thereto he shall be the chief executive
'/ officer of the Foundation. The Director shall receive compensation
at the rate 0f$5 1,000 per annum and 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 estab-
lished 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.
POWER TO CREATE COMMITTEES
SEC. 6. (a) 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 Act as it deems appropriate; except that the Board may not
assign to the Executive Committee the function of establishing pol-
icies, or the function of review and approval (except review and
ements
h
er arrang
approval of minor modifications of contracts or ot
previously approved by the Board), to be exercised by the Board in
accordance with section 5 (b) .
(b) If an Executive Committee is established by the Board-
(1) Such Committee shall consist of the Director, as a non-
voting ex officio member, and 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 the date of enactment of this Act shall be one year.
(a) 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.
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(4) Themembership of such Committee shall, so far as practi-
cable, 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, sum-
marizing 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
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 programs of the Foundation relating to the grant..
ing 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
SEG. 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 !o
years. Each divisional committee-shall annually elect its own chair-
man 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.
SPECIAL COMMISSIONS
SEC. 9. (a) Each special commission established pursuant to section
8 (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 dutyof each such special commission to make a
comprehensive survey of research, both public and private, being
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carried on in its field, and to formulate and recommend to the Founda-
tion at the earliest practicable date an over-all research program in
its field.
Columbia.
SCHOLARSHIPS AND GRADUATE FELLOWSHIPS
SEc.10. The Foundation is authorized to award, within the limits of
funds made available specifically for such purpose pursuant to section
16, scholarships and graduate fellowships for scientific study or scien-
tific work in the mathematical, physical, medical, biological, engineer-
ing, and other sciences at accredited nonprofit American or nonprofit
foreign institutions of higher education, selected by the recipient of
such aid for stated periods of time. Persons shall be selected for such
scholars~iips and fellowships from among citizens 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 far scholarships or fellow-
ships, 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
GENERAL AUTIIORITY OF FOUNDATION
SEC. 11. The Foundation shall have the authority, within the limits
of available appropriations, to do all things necessary to carry out the
provisions of this Act, 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 adminis-
tering the provisions of this Act;
to to enter into contracts or other arrangements, or modifica-
tions thereof, for the carrying on, by organizations or individuals
in the United States and foreign countries, including other gov-
ernment 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 Act, 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 3709 of the Revised Statutes ;
(d) to make advance, progress, and other payments which
relate to scientific research without regard to the provisions of
section 3648 of the Revised Statutes (31 U. S. C., sec. 529) ;
(e) to acquire by purchase, lease, loan, or gift, and to hold and of all
kinds dispose sale, for, or lease, resulting or loan, real anrsonal from,th exerciser of authority
granted by this Act;
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(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 inter-
est, without regard to the provisions of section 87 of the Act of
January 12, 1895 (28 Stat..622), and section 11 of the Act. of
March 1, 1919 (40 Stat. 1270; 44 U. S. C., sec. 111) ;
(h) to accept and utilize the services of voluntary and uncom-
pensated personnel and to provide transportation and subsistence
th
i
as au
or
zed by section 5 of the Act of August 2, 1946 (5 U. S. C.
73b-2) 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.
PATENT RIGHTS
SEC. 12. (a) Each contract or other arrangement executed pursuant
to this Act 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 arrange-
ment is executed : Provided, however2 That nothing in this Act 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 connec-
tion with performing his assigned activities and which is directly
related to the subject matter thereof: Provided, however, That this AOKI
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.
INTERNATIONAL COOPERATION AND COORDINATION WITH FOREIGN POLICY
SEC. 13. (a) The Foundation is hereby authorized to cooperate in
any international scientific research activities consistent with the pur-
poses of this Act and to expend for such international scientific
research 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 meet-
ings whenever he deems it necessary in the promotion of the objectives
of this Act.
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(b) (1) The authority to enter into contracts or other arrangements
with organizations or individuals in foreign countries and with agen-
cies of foreign countries, as provided in section 11 (c), and the author-
ity to cooperate in international scientific research 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.
MISCELLANEOUS PROVISIONS
SEc. 14. (a) The Director shall, in accordance with such policies as
the Board shall from time to time prescribe, appoint and fix the com-
pensation of such personnel as may be necessary to carry out the
provisions of this Act. 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 19491
Provided, That the Director may, in accordance with such policies a9
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 responsi-
bilities of the Foundation under this Act. The Deputy Director
hereinafter provided for, and the members of the divisional com-
mittees 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; nor shall the Director or Deputy 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 Founda-
tion makes any contract or other arrangement under this Act.
(b) The Director may appoint, with the approval of the Board, a
Deputy Director who shall perform such functions as the Director,
with the approval of the Board, may prescribe and shall be Acting
Director during the absence or disability of the Director or in the event
of a vacancy in the Office of the Director.
(c) The Foundation shall not, itself, operate any laboratories or
pilot plants.
(d) The members of the Board, and the members of each divisional
committee, or special commission, shall receive compensation at the
rate of $25 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 5 of the Act of August 2,
1946 (5 U. S. C. 73b-2).
(e) Persons holding other offices in the executive branch of the
Federal Government may serve as members of the divisional com-
mittees and special commissions, but they shall not receive remunera-
tion for their services as such members during any period for which
the receive compensation for their services in such other offices.
(f) Service of an individual as a member of the Board, of a
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divisional committee, or of a special commission shall not be con-
sidered as service bringing him within the provisions of section 281,
283, or 284 of title 18 of the United States Code or section 190 of the
Revised Statutes (5 U. S. C. sec. 99), unless the act of such individual,
which by such section is made unlawful when performed by an indi-
vidual referred to in such section, is with respect to any particular
matter which directly involves the Foundation or in which the
Foundation is directly interested.
(g) 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 institu-
tions, 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, particu-
larly nonprofit organizations, in the States, Territories, possessions, _ m
n Disttf bi
ad the ric o Columa, (3) aiding institutions, agencies, or
organizations which, if aided, will advance basic research, and (4)
encouraging independent basic research by individuals.
(h) Funds available to any department or agency of the Government
for scientific or technical research or the provision of facilities there-
for, shall be available for transer, 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 expend-
able by the Foundation for the purposes for which the transfer was
made, 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.
(i) The National Roster of Scientific and Specialized Personnel
shall be transferred from the United States Employment Service to
the Foundation, together with such records and property as have been
utilized or are available for use in the administration of such roster
as may be determined by the President. The transfer provided for
in this subsection shall take effect at such time or times as the President Aft
shall direct.
SECURITY PROVISIONS
SEO. 15. (a) 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 11 (e) in respect to that field, without
first having obtained the concurrence of the Atomic Energy Com-
mission 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 1946 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 Act shall supersede or modify
any provision of the Atomic Energy Act of 1946.
(b) (1) In the case of scientific or technical research activities under
this Act in connection with matters relating to the national defense,
with respect to which funds have been transferred to the Foundation
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from the Department of Defense in accordance with the provisions of
section 14 (h) of this Act, 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 Act 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 prop-
erty, as it deems necessary.
(3) Any agency of the Government exercising investigatory func-
tions is hereby authorized to make such investigations and reports as
may be requested by the Foundation in connection with the enforce-
ment of security requirements and safeguards, including restrictions
with respect to access to information and property, established under
paragraph (1) or (2) of this subsection.
(c) No employee of the Foundation shall be permitted to have
access to information or property with respect to which access restric-
tions have been established under subsection (b) (1) or (2) until the
Federal Bureau of Investigation 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 Founda-
tion, and the Foundation shall have determined that permitting such
individual to have access to such information or property will not
endanger the common defense and security.
(d) No part of any funds appropriated or otherwise made available
for expenditure by the Foundation under authority of this Act shall
be used to make payments under any scholarship or fellowship to any
individual unless such individual (1) has executed and filed with the
Foundation an affidavit that he does not believe in, and is not a
member of and does not support any organization that believes in or
teaches, the overthrow of the United States Government by force or
violence or by any illegal or unconstitutional methods, and (2) has
taken and subscribed to an. oath or affirmation in the following form :
"I do solemnly swear (or affirm) that I will 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.". The provisions of section 1001 of
title 18, United States Code, shall be applicable with respect to such
affidavits.
APPROPRIATIONS
Sso. 16. (a) To enable the Foundation to carry out its powers and
duties, there is hereby authorized to be appropriated to the Founda-
tion, out of any money in the Treasury not otherwise appropriated,
not to exceed $500,000 for the fiscal year ending June 30, 1951, and not
to exceed $15,000,000 for each fiscal year thereafter.
(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.
Approved May 10, 1950.
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