agency involved, in whole or in part, to the Foundation for such use as is con-. sistent 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, 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.

(j) The National Roster of Scientific and Specialized Personnel shall be transferred from the Department of Labor to the Foundation, together with such of the personnel, records, property, and balances of appropriations 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 shall direct.

(k) The Foundation shall not support any research or development activity in the field of atomic energy, nor shall it exercise any authority pursuant to section 10 (e) 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. Nothing in this Act shall supersede or modify any provision of the Atomic Energy Act of 1946.

(1) The Foundation, after consultation with the Secretary of Defense, shall establish regulations and procedures for the security classification of information or property (having military significance) in connection with scientific research under this Act, and for the proper safeguarding of any information or property so classified.

COORDINATION WITH FOREIGN POLICY

SEC. 15. (a) 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 10 (c), and the authority to cooperate in international scientific research activities as provided in section 12 (a), shall be exercised in such manner as is consistent with the foreign policy objectives of the United States as determined by the Secretary of State after consultation with the Director.

(b) If, in the exercise of the authority referred to in subsection (a) to carry out the purposes of this Act, 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.

Passed the Senate March 18, 1949.
Attest:

LESLIE L. BIFFLE, Secretary.

[H. R. 359, 81st 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 1949".

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 reesarch 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.

26

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 re

ferred 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 D vision 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. 8956C-49--2

appointed by the President and members of the divisional scientific committees appointed by the Administrator shall service 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 whatever dissenting opinions may be concerning the budget, organization, and management of the Foundation, and such other récommendations as the Board and the divisional scientific committees may deem necessary to better effectuate the purposes of this Act. The annual report shall include whatever dissenting opinions may be submitted for that purpose by individual members of the Board or of the divisional scientific committee. 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 business 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: Two-fifths 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 State shall be expended only for carrying on research and development activities in the facilities of tax-supported colleges and universities, including the land-grant colleges, within such State pursuant to contracts or other financial arrangements made by the Administrator under this section. In making such contracts or other financial arrangements, the Administrator shall give each individual institution the widest latitude in its selection of individual research and development projects, but the Administrator shall not be required to expend funds in any institution unless it submits proposals for the expenditure of such funds which the Administrator finds to be consistent with such general program and standards as he may, after receiving the advice of the Board, establish in order to carry out the objectives and provisions of this Act. For purposes of this section the term "State" includes Alaska, Hawaii, and Puerto Rico. Of the funds appropriated to the Foundation for research and development activities (excluding funds expressly appropriated for national defense), an additional amount of not less than 25 per centum shall be expended in the facilities of nonprofit organizations without regard to the above limitations relating to State quotas or the tax-supported character of the organization. In meeting the requirements of this subsection, the Administrator may take into account whatever funds may be expended by the Foundation for facilities to be operated by the land-grant, taxsupported, or other nonprofit organizations, even though the title or ownership rights of such facilities remain with the United States.

(d) 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 authorized to engage in scientific research and development. Funds allocated by the Administrator to other Government agencies shall be utilized for projects approved by the Administrator and undertaken on behalf of the Foundation, and shall be in addition to, and not in lieu of funds regularly appropriated to such other Government agencies.

(e) In all research and development activities financed or otherwise supported by the Foundation, the Administrator shall make every effort to eliminate, restraints upon the free expression of scientific views and to insure full freedom' in the exercise of creative talents, in the development of new ideas, and in the methods of research. Any person engaged in such research and development activities shall not be precluded from independently discussing writing, or pub

lishing his own views and conclusions relating to such research and development.

SCHOLARSHIPS AND FELLOWSHIPS

SEC. 6. The Administrator is authorized to award scholarships and fellowships to persons for scientific study or scientific work in any field of science, including but not limited to the mathematical, physical, biological, medical, and social sciences at nonprofit institutions of higher education, or other institutions, selected by the recipient of such aid, for such periods as the Administrator may determine, in the United States or in foreign countries. Persons shall be selected for such scholarships and fellowships solely on the basis of aptitude, within the limits of such quotas as may be established to insure an equitable selection of such persons from among the States, the District of Columbia, and the Territories. Persons selected for such scholarships and fellowships may include employees of the Federal Government and such employees selected and detailed for scientific study or training shall not lose their status or seniority ratings for reason of absence from regularly assigned duties during the course of such study or training.

REGISTER OF SCIENTIFIC PERSONNEL

SEC. 7. The Administrator shall maintain a register of scientific and technical personnel and in other ways provide a central clearinghouse for information concerning all scientific and technical personnel in the United States and its possessions. No individual shall be listed in such register without his consent.

USE AND DISSEMINATION OF RESEARCH FINDINGS

SEC. 8. (a) The Administrator shall make and maintain an inventory of all current federally financed research and development projects. In cooperation with the Commissioner of Patents, the Administrator shall establish a central register of all inventions, discoveries, patents, patent rights, and findings, including references to related data, in which the United States or any agency thereof has any right, title, or interest, or which pursuant to this section have been freely dedicated to the public. The Administrator shall record, collect, index, and promptly publish or cause to be published significant data on all inventions and discoveries and other findings produced in the course of federally financed research and development activities, or arrange with other Government agencies for such publishing, recording, collecting, and indexing. In consultation and collaboration with the Library of Congress and other Government agencies, the Administrator shall take such steps as he may deem neecssary to make such information and other available significant scientific and technical information accessible to the public, including the preparation and distribution of reports, periodic catalogs, inventories, abstracts, translations, bibliographies, and microfilm and other reproductions thereof; and for such purposes the Administrator may utilize the facilities of Government agencies and other organizations to the extent that he deems necessary or desirable, and may contract for the expenditure of funds for such purposes 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) (U. S. C., title 44, sec. 111).

(b) Each contract or other arrangement for federally financed research or development entered into between any Government agency and any organization shall provide that such organization will make available to such agency full data on all inventions, discoveries, patents, patent rights, and findings produced in the course of such research or development, including such reports with respect thereto as may be required by such agency. Each Government agency, upon the request of the Administrator, shall make available to him such data and such reports with respect to research and development activities financed by such agency, as may be necessary for the purposes of this section.

(c) All inventions, discoveries, or findings in which the United States (or any Government agency), now or hereafter, hold any rights, including patent rights, shall be made available to the public on a nonexclusive and on a royaltyfree basis to the extent the United States or such agency is entitled to do so under the rights held by it. Except as provided hereafter in this subsection and in subsection (d), any invention, discovery, or finding hereafter produced in the course of federally financed research and development shall, whether or not patented, be made freely available to the public and shall, if patented, be freely dedicated to the public. The requirements of this subsection, to the extent that