Hon. CHARLES A. WOLVERTON, NATIONAL ASSOCIATION OF MANUFACTURERS," Chairman of the House Committee on Interstate and Foreign Commerce, Washington, D. C. DEAR CONGRESSMAN WOLVERTON: In accordance with your request of April 16, I am enclosing a memorandum expressing the views of the NAM on H. R. 6007 to establish a National Science Foundation. We would have replied sooner except that the Patents and Research Committee of the NAM was desirous of giving your bill very careful study and also wished to examine the Smith bill, S. 2385, as it was amended and reported out by the Senate Labor and Public Welfare Committee. As you will note from the attached memorandum, the NAM continues to favor the creation of a National Science Foundation to procure the full development of this country's scientific and technical resources along the lines recommended by Dr. Vannevar Bush in his report entitled "Science, the Endless Frontier." In general, with a few qualifications, the NAM favors your bill, except that it would prefer that the director of the Foundation, who is to be the principal executive officer of the organization, should be appointed by the board and not by the President of the United States. In the event that this is not possible, we strongly urge that the director should be appointed by the President only after he has received recommendations from the Foundation. Other pertinent comments will be found in the afore-mentioned attached memorandum. The amended Smith bill, S. 2385, the NAM does not view with favor. It prefers, as between that bill and your bill, your bill. Sincerely, GEORGE E. FOLK. Patent Adviser to the NAM. COMMENTS BY THE NAM COMMITTEE ON PATENTS AND RESEARCH ON H. R. 6007 (WOLVERTON) FOR THE ESTABLISHMENT OF A NATIONAL SCIENCE FOUNDATION The NAM favors in general the Wolverton bill, H. R. 6007, which proposes to establish a national science foundation. The NAM views on this subject may be summarized as follows: The NAM reiterates its support of the creation of a national science foundation along the lines set forth in the Bush report, Science, the Endless Frontier. The Foundation should call for a relatively simple organization consisting of people well versed in the various specified scientific fields. Its policy should be determined by a part-time board composed primarily of eminent scientists rather than by one man. The members of the board should be chosen without regard to political affiliation and solely on the basis of their expressed interest in and capacity to promote the purpose of the Foundation. The board should prescribe the powers and duties of the director of the Foundation, who is principal executive officer of the Foundation, and he should be subject to the supervision of the board. The Foundation authority in the execution of contracts should provide for 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 is executed. As to the appointment of the director, the NAM still considers it preferable that the director be appointed by the board and not by the President of the United States. If that is not possible, the NAM urges strongly that the Director should be appointed by the President only after he has received recommendations from the Foundation. H. R. 6007 is not entirely clear as to whether the Foundation membership is to consist of a part-time board or a full-time board. The NAM favors a part-time board, since it is of the opinion that only in this manner can the Foundation secure the type of person and the type of mind that is deemed so highly essential for these important policy-making posts. Section 6 provides that the Director of the Foundation is to be appointed by the President with the advice and consent of the Senate "after receiving recommendations from the Foundation." The NAM has consistently pointed out the dangers involved if the Director were to be a Presidential appointee, for there is a serious question as to just what control the Foundation members would have over the activities of the Foundation under these circumstances. The NAM, therefore, strongly urges that section 6 be amended to read as did the Smith bill, S. 526, which was passed by both Houses during the last session of Congress and which provided for the appointment of the Director of the Foundation. Should this not be possible, however, and only in such event, the NAM agrees with section 6 as contained in H. R. 6007, namely, that the Director be appointed by the President only after he has received recommendations from the Foundation. The NAM also endorses the provisions (sec. 5) of the Wolverton bill, H. R. 6007, providing for the establishment of an Executive Committee which is to implement the policies developed by the Foundation, and further endorses section 6 (b), which provides that the Director is, in accordance with such general directives as the Executive Committee shall from time to time prescribe, to exercise the powers set forth in the proposed act within the general policies developed by the Foundation. It also views with favor the proviso that he is to exercise the authority with respect to the execution of research contracts only with the approval of the Executive Committee. Hon. C. A. WOLVERTON, NATIONAL ASSOCIATION OF STATE UNIVERSITIES, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. DEAR CONGRESSMAN WOLVERTON: I transmit herewith resolutions adopted by the National Association of State Universities at its recent meeting in Chicago on May 6. I trust that your committee will give these resolutions careful consideration. Sincerely yours, VIRGIL M. HANCHER, Secretary-Treasurer. NATIONAL ASSOCIATION OF STATE UNIVERSITIES RESOLUTIONS ADOPTED AT ANNUAL MEETING MAY 6, 1948 Whereas it has long been evident and was never more evident than it is today that the national interest, welfare, and security are dependent upon the vigorous support and encouragement of basic scientific research and the training of specialized personnel for the adequate planning thereof; and Whereas essential undertakings of this character are not likely to receive adequate financial support without Federal assistance: Therefore be it Resolved, That the National Association of State Universities strongly urges the Congress (1) to enact legislation establishing a national science foundation, and (2) to reconcile without delay the present differences between S. 2385 and H. R. 6007, and (3) to retain in the final compromise of these companion bills such provisions as are necessary to give the Director broad powers under policies and directives prescribed by the Foundation. Resolved, That the National Association of State Universities endorses H. R. 6007 rather than S. 2385 as a legislative measure for the establishment of a National Science Foundation and that the Members of the House of Representatives are urged to give their support to the immediate passage of H. R. 6007 as it stands in the print of the Committee of Interstate and Foreign Commerce. THE NATIONAL FOUNDATION FOR INFANTILE PARALYSIS, INC., Hon. CHARLES A. WOLVERTON, Chairman, Committee on Interstate and Foreign Commerce, House Office Building, Washington, D. C. DEAR MR. WOLVERTON: We acknowledge herewith receipt of your letter of April 16, 1948, inviting us to submit to the committee a statement in writing embodying the views of the National Foundation for Infantile Paralysis with respect to H. R. 6007, and particularly, the inclusion in the legislation for a provision for the establishment of a commission on poliomyelitis. Please be advised that the position of the National Foundation is well known, and that we see no reason for including the provision for the poliomyelitis commission in the legislation. If there is any suggestion for such inclusion of the provision for the establishment of a commission on poliomyelitis in this legislation, we request that we be afforded an opportunity to express fully our views at a public hearing before the committee. MY DEAR MR. WOLVERTON: This is a belated reply to your letter of April 16 requesting an expression of my views on H. R. 6007. I have deferred writing you until a meeting of the science foundation panel of the Engineers Joint Council, representing some one hundred thousand professional engineers in all branches. As you will doubtless hear from the chairman of this panel, Dr. Boris A. Bakhmeteff, there was unanimous endorsement of the provisions of H. R. 6007, and all of us also felt that the changes in the text of the similar bill introduced into the Senate, and which appeared in the report of the Committee on Labor and Public Welfare by Mr. Smith to accompany S. 2385 were extremely desirable as improvements. It I concurred in the action of this panel, and their views represent my own. seems to me that you and Mr. Smith have evolved a thoroughly satisfactory piece of legislation designed to meet as well as possible the various conflicting views which have been presented with respect to a National Science Foundation Act. Yours very truly, THORNDIKE SAVILLE, Dean. THE PATENT LAW ASSOCIATION OF CHICAGO, Re Scientific Foundation bills H. R. 4852, 5532, 6007, and S. 2385. Chief Clerk, House of Representatives, Committee on the Judiciary, Washington, D. C. May 4, 1948. DEAR MR. BERNHARDT: With this letter we are sending you a copy of a final report which was approved by the board of managers of our association on April 30, 1948. From the report you will see that all of the bills have been disapproved. Yours very truly, C. A. SOANS, President. CHICAGO PATENT LAW ASSOCIATION REPORT ON H. R. 4852, H. R. 5532, H. R. 6007, The bills constitute an effort to confer upon the Federal Government the power to regiment and direct all technical research and development. The field of proposed activity of the Foundation is too broad and covers substantially the whole realm of scientific knowledge and investigation, whether devoted to promotion of the national defense or not. Such a universal Government sponsorship and financial support of research will encroach upon the field of private enterprise and inevitably have the effect of discouraging private initiative. If the bills become law, the incentive for private initiative in the field of scientific research would be largely removed. The bills propose to foster peacetime investigation in many fields, including all the sciences, and there is danger that practically all research, applied as well as basic, might become a governmental function because of the financial aid rendered to the persons and organizations operating under the direction of the Foundation. It is believed that private enterprise will function, as it has done heretofore, to produce such discoveries and advances in science as are necessary to maintain and promote the public welfare as well as our national leadership, and that it is a mistake to create a governmental agency which will have the effect of discouraging and retarding scientific progress rather than promoting it. We do not believe that research and scientific development in this country require Government support, except possibly in matters relating directly to national defense. Due to the great emphasis put upon technical knowledge and development during the recent war, private enterprise is fully appreciative of the importance of active research and continued scientific progress, As a result, private initiative can be relied upon to maintain our leadership in the world of science without Government subsidization. This present trend of private enterprise would be adversely affected and seriously interrupted by the program of Government interference proposed by these bills. II In our opinion the creation of Government-supported scholarships and fellowships in American and “foreign" institutions of higher education is fundamentally unsound as it will lead to political abuses in the appontment of the persons who receive these awards. The training and development of scientists in our colleges and universities has heretofore been supported adequately by private funds and endowments or by the appropriations given to our State universities by their respective State governments and the Federal Government under existing arrangements, and an ample supply of persons of higher scientific training will no doubt be similarly trained in the future. If there is now a shortage of persons of advanced scientific training as a result of the recent war, the deficiency cannot be made up overnight merely by giving Government support to their training. Time is required, and in due time it is believed that adequate numbers of such scientists will be produced through the usual channels without any kind of aid by the Federal Government. III One of the importance considerations which has heretofore promoted the progress of science in this country is the hope of recognition and of financial reward under our patent system. Section 11 of the first bill and sections 12 of the other two bills provide only that inventions made by employees of the Foundation shall be freely dedicated to the public. As to those made by others under contract to the Foundation, the bills merely provide that the contract shall contain provisions "to protect the public interest and the equities of the individual or organization with which the contract or other arrangement is executed." It is unlikely that any such Government-controlled arrangement as is contemplated by this provision will provide the incentive to scientific development that has heretofore been present under free enterprise and our patent laws. IV Another serious objection to these bills is that they create another governmental bureau through which political rewards may be bestowed by the party in power. The bills create two high salaried positions, numerous others paying $25 or $50 per day to the occupants thereof, and an unlimited number of jobs of a clerical or administrative nature. Section 13 of 4852 and sections 14 of Nos. 5532 and 6007 place no limit upon the amount of money which may be spent by the Foundation and the purposes for which it may be spent are only generally defined by the proposed acts. Thus, the bills provide another and unnecessary burden upon the taxpayer. V A further objectionable feature of the bills is that they authorize the Foundation only with the approval of the President or of the Secretary of State to cooperate in international research activities and to spend such sums in that way as may be desirable. Scholarships are to be created in foreign educational institutions and delegates are to be sent to international scientific congresses. There is danger that this authority might lead to the transmission to foreign countries of information important to our national defense, without the approval of Congress which should certainly retain the power to control the transfer to foreign governments of information concerning inventions vital to our national defense. 77488 4810 RECOMMENDATIONS 1. That it is not necessary to establish a National Science Foundation for the reason that basic research may be adequately provided for by existing agencies and Executive action. 2. That the bills as drawn are objectionable, for the reasons stated above, and are disapproved. Respectfully submitted. CHICAGO, ILL., April 30, 1948. Mr. CHARLES A. WOLVERTON, PATTERSON, BELKNAP & WEBB, Chairman, Committee on Interstate and Foreign Commerce, House Office Building, Washington, D. C. DEAR MR. WOLVERTON: I have your letter of April 16 in connection with H. R. 6007, a bill to establish a national science foundation. I am strongly in favor of this legislation, particularly because of the advantages that will be derived in support of the national defense. Your committee permitted me to testify last year, when I was Secretary of War, on several bills relative to a national science foundation. The reasons outlined by me at that time, March 6, 1947, represent my views on the bill now under consideration. With appreciation for your kindness in asking for my views and with sincere regards, I am, Very truly yours, ROBERT P. PATTERSON. SCIENTIFIC AMERICAN, Hon. CHARLES A. WOLVERTON, House Office Building, Washington, D. C. New York City, May 28, 1948. DEAR MR. WOLVERTON: The rough copy of the second issue of the new Scientific American, herewith, presents in its lead article a review of the history and present status of the National Science Foundation. This issue of the magazine will be in circulation June 8. I send it to you in the hope that this article may prove useful to you and your colleagues in the deliberations now under way before the Interstate and Foreign Commerce Committee of the House. It is, to my knowledge, the first such discussion of the legislation to appear outside of the daily and the professional press. The Scientific American, you may know, has recently come under new ownership and new editorial direction. As an entirely new magazine, it has undertaken to bridge the void in communication between the members of the scientific community and those who share their concern for the advance and application of science. If additional copies of this issue would be useful to you in your legislative undertaking, we should be happy to make them available to you. Sincerely yours, GERARD PIEL, Editor and Publisher. |