42 U.S.C. § 1872a — Repealed. Pub. L. 90–407, § 11(1), July 18,

Page 5162 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1871 1 So in original. Probably should be ‘‘deems’’. 2 See References in Text note below. and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. § 1871. Disposition of inventions produced under contracts or other arrangements Each contract or other arrangement executed pursuant to this chapter which relates to sci- entific or engineering research shall contain provisions governing the disposition of inven- tions produced thereunder in a manner cal- culated to protect the public interest and the equities of the individual or organization with which the contract or other arrangement is exe- cuted: Provided, however, That nothing in this chapter shall be construed to authorize the Foundation to enter into any contractual or other arrangement inconsistent with any provi- sion of law affecting the issuance or use of pat- ents. (May 10, 1950, ch. 171, § 12, 64 Stat. 154; Pub. L. 99–159, title I, §§ 109(c), 110(a)(15), Nov. 22, 1985, 99 Stat. 889, 891.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–159 struck out subsec. (a) designa- tion, inserted ‘‘or engineering’’ after ‘‘scientific’’, and struck out subsec. (b) which prohibited Foundation of- ficers and employees from acquiring, etc., patent rights in inventions. § 1872. International cooperation and coordina- tion with foreign policy (a) The Foundation is authorized to cooperate in any international scientific or engineering activities consistent with the purposes of this chapter and to expend for such international sci- entific or engineering activities such sums with- in the limit of appropriated funds as the Foun- dation may deem desirable. The Director may defray the expenses of representatives of Gov- ernment agencies and other organizations and of individual scientists or engineers to accredited international scientific or engineering con- gresses and meetings whenever he deem 1 it nec- essary in the promotion of the objectives of this chapter. In this connection, with the approval of the Secretary of State, the Foundation may un- dertake programs granting fellowships to, or making other similar arrangements with, for- eign nationals for study and research in the sciences or in engineering in the United States without regard to section 1869 of this title or the affidavit of allegiance to the United States re- quired by section 1874(d)(2) 2 of this title. (b)(1) The authority to enter into contracts or other arrangements with organizations or indi- viduals 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 or engineering 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 author- ity shall be exercised in such manner as is con- sistent 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, negotia- tion with foreign countries or agencies thereof becomes necessary, such negotiation shall be carried on by the Secretary of State in consulta- tion with the Director. (May 10, 1950, ch. 171, § 13, 64 Stat. 154; Pub. L. 86–232, § 7, Sept. 8, 1959, 73 Stat. 468; Pub. L. 90–407, § 10, July 18, 1968, 82 Stat. 365; Pub. L. 99–159, title I, § 110(a)(16), (17), Nov. 22, 1985, 99 Stat. 891.) Editorial Notes REFERENCES IN TEXT Section 1874(d)(2) of this title, referred to in subsec. (a), was redesignated section 1874(c)(2) by Pub. L. 96–516, § 21(b)(2), Dec. 12, 1980, 94 Stat. 3010. AMENDMENTS 1985—Subsec. (a). Pub. L. 99–159, § 110(a)(16), inserted ‘‘or engineering’’ after ‘‘scientific’’ the first three places appearing and ‘‘or engineers’’ after ‘‘scientists’’ and substituted ‘‘study and research in the sciences or in engineering’’ for ‘‘scientific study or scientific work’’. Subsec. (b)(1). Pub. L. 99–159, § 110(a)(17), inserted ref- erence to engineering. 1968—Subsec. (a). Pub. L. 90–407 struck out ‘‘, with the approval of the Board,’’ after ‘‘The Director’’, and substituted ‘‘section 15(d)(2) of this Act’’ for ‘‘section 16(d)(2) of this Act’’, which resulted in no change in text because, for purposes of classification, provision was translated as ‘‘section 1874(d)(2) of this title’’. 1959—Subsec. (a). Pub. L. 86–232 authorized the Foun- dation, with approval of the Secretary of State, to co- operate in scientific activities rather than scientific re- search activities, and to grant fellowships or make other arrangements with foreign nationals for sci- entific study or scientific work in the United States. Subsec. (b)(1). Pub. L. 86–232 struck out ‘‘research’’ from phrase ‘‘scientific research activities’’. Statutory Notes and Related Subsidiaries 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, re- search, and evaluation in the field of weather modifica- tion, to consult with meteorologists and scientists, make contracts and grants, accept gifts, loan property, conduct hearings, and subpoena books and records. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 90–407, § 11(1), July 18, 1968, 82 Stat. 365, pro- vided that the repeal of this section is effective Sept. 1, 1968, and that provisions authorizing Foundation to initiate and support programs in field of weather modi- fication should remain in effect until Sept. 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 ef- fect the existing offices, procedures, and organization Page 5163 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1873 1 See References in Text note below. 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 provisions; technical and profes- sional personnel; members of special com- missions; temporary appointments; travel ex- penses (1) 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 pro- vided in section 1863(h) 1 of this title, such ap- pointments shall be made and such compensa- tion shall be fixed in accordance with the provi- sions of title 5 governing appointments in the competitive service, and the provisions of chap- ter 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 tech- nical and professional personnel and fix their compensation, without regard to such provi- sions, as he may deem necessary for the dis- charge 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 appoint- ments in the competitive service. (2) The Director may, under the authority pro- vided by paragraph (1) of this subsection and in accordance with such policies as the Board chooses to prescribe, appoint for a limited term, or on a temporary basis, scientists, engineers, and other technical and professional personnel on leave of absence from academic, industrial, or research institutions to work for the Founda- tion. (3) The Foundation may pay, to the extent au- thorized for certain other Federal employees by section 5723 of title 5, travel expenses for any in- dividual appointed for a limited term or on a temporary basis and transportation expenses of his or her immediate family and his or her household goods and personal effects from that individual’s residence at the time of selection or assignment to his or her duty station. The Foundation may pay such travel expenses and transportation expenses to the same extent for such an individual’s return to the former place of residence from his or her duty station, upon separation from the Federal service following an agreed period of service. The Foundation may also pay a per diem allowance at a rate not to exceed the daily amounts prescribed under sec- tion 5702 of title 5 to such an individual, in lieu of transportation expenses of the immediate family and household goods and personal effects, for the period of his or her employment with the Foundation. Notwithstanding any other provi- sion of law, the employer’s contribution to any retirement, life insurance, or health benefit plan for an individual appointed for a term of one year or less, which could be extended for no more than one additional year, may be made or reimbursed from appropriations available to the Foundation. (b) Operation of laboratories and pilot plants The Foundation shall not, itself, operate any laboratories or pilot plants. (c) Compensation of members of Board and spe- cial commissions The members of the Board and the members of each special commission shall be entitled to re- ceive compensation for each day engaged in the business of the Foundation at a rate fixed by the Chairman but not exceeding the maximum rate payable under section 5376 of title 5 and shall be allowed travel expenses as authorized by section 5703 of title 5. For the purposes of determining the payment of compensation under this sub- section, the time spent in travel by any member of the Board or any member of a special com- mission shall be deemed as time engaged in the business of the Foundation. Members of the Board and members of special commissions may waive compensation and reimbursement for traveling expenses. (d) Federal officers as members of special com- missions; 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. (e) Utilization of appropriations in making con- tracts In making contracts or other arrangements for scientific or engineering research, the Foun- dation 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 insti- tutions, or individuals in the United States or foreign countries, including Government agen- cies of the United States and of foreign coun- tries, qualified by training and experience to achieve the results desired, (2) strengthening the research staff of organizations, particularly non- profit organizations, in the United States, (3) adding institutions, agencies, or organizations which, if aided, will advance scientific or engi- neering research, and (4) encouraging inde- pendent scientific or engineering research by in- dividuals. (f) Transfer of research and education funds of other Government departments or agencies Funds available to any department or agency of the Government for scientific or engineering research or education, or the provision of facili- ties 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. (g) ‘‘United States’’ defined For purposes of this chapter, the term ‘‘United States’’ when used in a geographical sense