.

(e) 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);

(f) to acquire by purchase, or otherwise, hold and dispose of by sale, lease, loan, or otherwise, real and personal property of all kinds necessary for, or resulting from, scientific research without regard to the provisions of law relating to the acquisition, holding, or disposition of property by the United States;

(g) 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;

(h) 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 interest, 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);

(i) to accept and utilize the services of voluntary and uncompensated personnel and to pay the actual and necessary traveling and subsistence expenses (including, in lieu of subsistence, per diem allowances at a rate not in excess of $10) of such personnel incurred in the course of such services; and

(j) 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. 11. (a) Each contract or other arrangement executed by the Foundation 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 arrangement is executed.

(b) All inventions produced by employees of the Foundation in the course of their assigned activities for the Foundation shall be made freely available to the public, or, if patented, shall be freely dedicated to the public.

INTERNATIONAL COOPERATION

SEC. 12. (a) The Foundation is hereby authorized, with the approval of the President and through the Department of State, to cooperate in any international scientific research activities consistent with the purposes or provisions 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.

(b) The Foundation may defray the expenses of representatives of Government agencies and other organizations and of individual scientists to accredited international scientific congresses and meetings whenever it deems it necessary in the promotion of the objectives of this Act.

APPROPRIATIONS

SEC. 13. (a) To enable the Foundation to carry out its powers and duties, there is hereby authorized to be appropriated annually to the Foundation, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this Act.

(b) The funds hereafter appropriated to the Foundation, as herein authorized, shall, if obligated during the fiscal year for which appropriated, remain available for expenditure for four years following the expiration of the fiscal year for which appropriated. After such four-year period, the unexpended balances of appropriations shall be carried to the surplus fund and covered into the Treasury.

INTERDEPARTMENTAL COMMITTEE ON SCIENCE

SEC. 14. (a) There is hereby established an Interdepartmental Committee on Science, to consist of the Director of the Foundation, as chairman, and the heads (or their designees) of such Government agencies engaged in or concerned with the support of scientific activity to a substantial degree as the President may

from time to time determine. The interdepartmental committee shall meet whenever the chairman so determines, but not less than once a month.

(b) The Interdepartmental Committee on Science shall gather and correlate data relating to the scientific research and scientific development activities of the Federal Government; and shall make such recommendations to the President, the Foundation, and other governmental agencies as in the opinion of the committee will serve to aid in effectuating the objectives of this Act and of other legislation providing for Federal support of scientific research and scientific development.

GENERAL PROVISIONS

SEC. 15. (a) The Director shall appoint and fix the compensation 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 1923, as amended, except that, when deemed desirable by the Director, technical and professional personnel may be employed without regard to the civil-service laws or regulations, and their compensation may be fixed without regard to the provisions of the Classification Act of 1923, as amended. The Deputy Director hereinafter provided for, and the members of the divisional committees and advisory committees, shall be appointed without regard to the civil-service laws or regulations.

(b) The Director may appoint with the approval of the executive committee a Deputy Director who shall receive compensation at a rate of not to exceed $12,000 per annum.

(c) The Foundation shall not, itself, operate any laboratories or pilot plants. (d) The members of the Foundation, and the members of each divisional committee and of each advisory committee appointed by the Foundation, shall receive compensation at the rate of $50 for each day engaged in the business of the Foundation, and shall be allowed actual and necessary traveling and subsistence expenses (including, in lieu of subsistence, per diem allowances at a rate not in excess of $10) when engaged, away from home, in the duties of their offices.

(e) Persons holding other offices in the executive branch of the Federal Government may serve as members of the divisional committees or of any advisory committee appointed by the Foundation, 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) Service of an individual as a member of the Foundation or of a divisional committee or of an advisory committee shall not be considered as service bringing him within the provisions of section 109 or section 113 of the Criminal Code (U. S. C., 1940 edition, title 18, secs. 198 and 203) or section 19 (e) of the Contract Settlement Act of 1944, unless the act of such individual, which by such section is made unlawful when performed by an individual 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) The Office of Scientific Research and Development is abolished, and its affairs shall be liquidated by the Foundation, which shall be its successor agency. The property, records, funds (including all unexpended balances of appropriations or other funds now available), and contracts (and rights and obligations thereunder) of the Office of Scientific Research and Development are transferred to the Foundation. Such abolition and transfer shall take effect as of the date upon which five members of the executive committee provided for in section 5 have qualified and taken office.

(h) 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 the organizations or individuals, including Government agencies, best qualified by training and experience to achieve the results desired, and (2) strengthening the research staff of organizations, particularly nonprofit organizations, in the States and Territories and the District of Columbia.

(i) The activities of the Foundation shall be construed as supplementing and not superseding, curtailing, or limiting any of the functions or activities of other Government agencies (except the Office of Scientific Research and Development) authorized to engage in scientific research or scientific development.

[H. R. 942, 80th Cong., 1st sess.]

A BILL To promote the progress of science and the useful arts, to secure the national defense, to advance the national health and welfare, 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 1946".

DECLARATION OF POLICY

SEC. 2. The Congress hereby finds that a full development and application of the Nation's scientific and technical resources is essential for the national defense, national prosperity, and the national health and welfare. The Congress declares it to be the purpose of this Act, among other things, to provide support for scientific research and development, to enable young men and women of ability to receive scientific training, to promote the conservation and use of the natural resources of the Nation, to correlate the scientific research and development programs of the several Government agencies, to achieve a full dissemination of scientific and technical information to the public, and to foster the interchange of scientific and technical information in this country and abroad. The Congress further finds it essential for these purposes to create a central scientific agency within the Federal Government.

NATIONAL SCIENCE FOUNDATION

SEC. 3. (a) There is hereby established an independent agency of the Federal Government to be known as the National Science Foundation (hereinafter referred to as the "Foundation"), and administered by an Administrator (hereinafter referred to as the "Administrator") who shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate of $15,000 per annum. The President, before appointing an Administrator, shall consult with and receive the recommendations of the National Science Board created in section 4 (and hereinafter referred to as the "Board"). The Administrator shall appoint a Deputy Administrator, who shall perform the functions of the Administrator during his absence or when there is a vacancy in the office of the Administrator, and shall perform such other duties as may be delegated to him by the Administrator. The Deputy Administrator shall receive compensation at the rate of $12,000 per annum.

(b) There shall be within the Foundation a Division of Mathematical and Physical Sciences, a Division of Biological Sciences, a Division of Social Sciences, a Division of Health and Medical Sciences, a Division of National Defense, a Division of Engineering and Technology, a Division of Scientific Personnel and Education, a Division of Publications and Information, and such additional divisions, not to exceed three in number, as the Administrator may from time to time establish after receiving the advice of the Board. The functions of each division shall be prescribed by the Administrator after receiving the advice of the Board, except that until the Administrator and the Board have received general recommendations from the Division of Social Sciences regarding the support of research through that Division, support of social science research shall be limited to studies of the impact of scientific discovery on the general welfare and studies required in connection with other projects supported by the Foundation. Each division shall be headed by a Director, who shall be appointed by the Administrator and shall receive compensation at the rate of $12,000 per annum.

(c) Except as provided in section 4, the Administrator shall appoint and fix the compensation of such personnel as he may deem 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 1923, as amended, except that, when deemed necessary by the Administrator for the effective administration of this Act, expert scientific, technical, and professional personnel, including part-time personnel, may be employed without regard to the civil-service laws and their compensation fixed without regard to the Classification Act of 1923, as amended.

NATIONAL SCIENCE BOARD AND DIVISIONAL SCIENTIFIC COMMITTEES

SEC. 4. (a) The Administrator, in exercising his authority under this Act, shall consult and advise with a National Science Board and, through the Directors of the several divisions, with divisional scientific committees, on all matters of major policy, program, or budget. The Board shall consist of nine members appointed by the President, by and with the advice and consent of the Senate, from among persons who are especially qualified to promote the broad objectives of this Act, plus the chairmen of the several divisional scientific committees. The scientific committee for each division, except the Division of National Defense, shall consist of not less than five and not more than fifteen members appointed by the Administrator, with the advice and approval of the Board, except that the initial members of each such divisional scientific committee shall be appointed by the Administrator with the advice and approval of the Board members appointed by the President.

The scientific committee for the Division of National Defense shall consist of not more than forty persons, of whom at least half shall be civilians appointed by the Administrator, with the advice and approval of the Board, and the remaining members shall be divided equally between such chiefs of such services and divisions of the War Department and such chiefs of such bureaus and offices of the Navy Department as the Secretary of War and the Secretary of the Navy, respectively, may from time to time designate. There shall be within the divisional scientific committee for the Division of National Defense a five-man executive committee consisting of the chairman of the divisional scientific committee; as chairman; two civilian members elected annually by the civilian members of the divisional scientific committee; together with one Army officer, and one naval officer, each of whom should be charged in their respective Departments with the coordination of research, designated by the Secretary of War and the Secretary of the Navy, respectively.

Each divisional scientific committee shall be reasonably representative of the major scientific interests and functions of its division. Members of the Board appointed by the President and members of the division scientific committees appointed by the Administrator shall serve for three-year terms, except that (1) at least one-third of such members originally appointed shall be appointed for one-year terms, and at least another third for two-year terms, and (2) any member appointed to fill a vacancy occurring prior to the expiration of the term of his predecessor shall be appointed for the remainder of such term. No person thus appointed to serve as a member of the Board or any divisional scientific committee shall be eligible again to serve as a member of the same group until the expiration of one year after his term has expired, except that a member appointed for a term of less than three years may be appointed for a succeeding three-year term.

(b) The Board and each divisional scientific committee shall annually elect its own chairman from among its own members, and shall devise its own rules of procedure. The Board and each such committee shall meet at the call of its own chairman or at such times as may be fixed by itself, but not less than six times each year, including at least once each calendar quarter. Vacancies in the membership of the Board or of any divisional scientific committee shall not impair the authority of the remaining members to execute its functions, and a majority of the members of the Board or any divisional scientific committee as constituted at any given time shall constitute a quorum.

The Board shall appoint and prescribe the duties of an executive secretary of its own selection who shall receive compensation at a rate, not exceeding $12,000 per annum, to be fixed by the Board. The Administrator shall pay the compensation of such executive secretary and may furnish for the Board and the divisional scientific committees such additional personnel, and such facilities, services, and supplies as may be necessary for the proper performance of the functions of the Board and the divisional scientific committees.

(c) The Board shall continuously survey the activities and management of the Foundation, and shall periodically evaluate the achievements of the Foundation in accomplishing the objectives of this Act. Each divisional scientific committee shall survey continuously the scientific field which it encompasses, shall undertake to determine the specific scientific needs of such field, and shall evaluate proposed programs and projects. The Board and each divisional scientific committee shall, upon its own initiative or upon request by the Administrator, make appropriate recommendations and reports relating to its duties and

findings. The Board and each such committee shall have full access to all information in the possession of the Foundation.

(d) The Administrator shall render an annual report to the President and the Congress, summarizing the activities of the Foundation, together with such recommendations as he may deem appropriate. The Board shall, annually and at such other times as it deems necessary, make such recommendations to the President and the Congress as in its opinion will further the objectives of this Act. The annual report shall include such independent recommendations concerning the budget, organization, and management of the Foundation, and such other recommendations as the Board and the divisional scientific committees may deem necessary to better effectuate the purposes of this Act. The anual report shall include whatever dissenting opinions may be submitted for that purpose by individual members of the Board or of the divisional scientific committees. The Administrator shall, whenever requested by the Board or any divisional scientific committee, publish and disseminate widely any recommendations or reports prepared by the Board or such committee.

(e) Members of the Board and of the divisional scientific committees shall receive compensation at the rate of $50 for each day engaged in the busines of the Foundation, and shall be reimbursed for their necessary travel and other expenses incurred in the work of the Board or of any such committee. Persons holding other offices in the executive branch of the Federal Government may serve as members of the Board or any divisional scientific committee, 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, nor, except for representatives of the War and Navy Departments on the scientific committee for the Division of National Defense, shall they in their services as such members serve as representatives of the Government agency by which they are employed.

(f) Members of the Board and of any divisional scientific committee established under the provisions of this Act, and any other officers or employees of the Foundation, shall be chosen without regard to their political affiliations and solely on the basis of their demonstrated capacity to carry out the purposes of the Foundation and their fitness to perform the duties of their office.

(g) The Administrator may create such specialized additional advisory committees or employ the services of such advisory personnel as he may deem necessary to better effectuate the objectives of this Act. Persons so employed shall be reimbursed for their necessary travel and other expenses incurred in the work of the Foundation. Such persons may be noncompensated or may receive compensation at a rate not to exceed $50 for each day of service. Members of the Board and of the divisional scientific committees, and any other person serving in an advisory capacity pursuant to this section, may serve as such without regard to the provisions of sections 109 and 113 of the Criminal Code (18 U. S. C., secs. 198 and 203) or section 19 (e) of the Contract Settlement Act of 1944, except insofar as such sections may prohibit any such person from receiving compensation in respect of any particular matter which directly involves the Foundation or in which the Foundation is directly interested.

SUPPORT OF RESEARCH AND DEVELOPMENT

SEC. 5. (a) The Administrator is authorized to enter into contracts or other arrangements pursuant to which he will finance, in whole or in part, or otherwise support, research and development activities to be carried on by other Government agencies or by other organizations.

(b) of the funds appropriated to the Foundation for research and development activities, not less than 15 per centum shall be available only for expenditure for research and development, pursuant to contracts or other financial arrangements made by the Administrator under this section, including contracts or arrangements to which subsection (c) is applicable, in each of the following fields: (1) National defense and (2) health and the medical sciences.

(c) of the funds appropriated to the Foundation for research and development activities (excluding funds expressly appropriated for national defense), not less than 25 per centum shall be apportioned among the States as follows: Twofifths shall be apportioned among the States in equal shares, and the remainder shall be apportioned among the States in the proportion that their respective populations bear to the population of all the States, determined according to the last preceding decennial census; and the amounts so apportioned to each