and application of the Nation's scientific and technical resources for national defense, national prosperity, and the national health and welfare, 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").

POWERS AND DUTIES OF FOUNDATION

SEC. 2. The Foundation is authorized and directed—

(a) to develop and promote a national policy for scientific research and scientific education;

(b) to initiate and support basic scientific research and scientific development in the mathematical, physical, medical, biological, engineering, and social sciences through contracts, grants, or other forms of assistance;

(c) to initiate and support scientific research and scientific development on matters relating to the national defense through contracts, grants, or other forms of assistance;

(d) to discover and develop scientific talent, particularly in American youth;

(e) to grant scholarships and fellowships in the mathematical, physical, medical, engineering, biological, and other sciences;

(f) to foster the interchange of scientific information among scientists in this country and abroad; and

(g) to correlate the Foundation's scientific research and scientific development programs with those undertaken by public and private research groups.

THE BOARD OF MEMBERS

SEC. 3. (a) The powers and duties of the Foundation shall be exercised by a board of nine members (hereinafter referred to as the "board") who shall be appointed by the President by and with the advice and consent of the Senate, plus the chairmen of the several divisional committees. The members of the board shall be chosen without regard to political affiliation and solely on the basis of their demonstrated interest in, and capacity to promote, the purposes of the Foundation.

(b) The term of each member of the board shall be four years, except that the terms of the members first appointed shall, as designated by the President, be for from one to four years so arranged that at least two terms will expire every year. The term of a member appointed to fill a vacancy shall be the unexpired term of the person he succeeds. No person who has served as a member shall be eligible again to serve as a member until the expiration of four years after his term has expired, except that a member appointed for a term of less than four years may be appointed for a succeeding four-year term.

(c) The members of the board shall choose their chairman and vice chairman annually.

(d) The board shall meet at the call of the chairman or at such times as may be fixed by itself, but not less than six times each year.

(e) A majority of the members of the board shall constitute a quorum.

(f) The members of the board 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 when engaged, away from home, in the duties of their office.

(g) The board shall, except as herein otherwise provided, determine the organization of the Foundation and establish such offices, bureaus, committees, and divisions as may be necessary in its judgment to carry out the provisions of this Act. The board may delegate and assign to persons, offices, bureaus, committees, and divisions within the Foundation all such powers, duties, and functions as it may determine to be necessary or desirable in the interests of efficient administration.

(h) The board shall render an annual report to the President and the Congress, summarizing the activities of the Foundation, together with such recommendations as it may deem appropriate.

DIRECTOR OF FOUNDATION

SEC. 4. The board shall prescribe the powers and duties of a Director of the Foundation, who, subject to the supervision of the board, shall be the principal

executive officer of the Foundation. The Director shall be appointed by the President upon the recommendation of the board and by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. The Director shall receive compensation at the rate of $15,000 per annum.

DIVISIONS WITHIN THE FOUNDATION

SEC. 5. (a) There shall be within the Foundation at least the following five divisions through which the following respective programs shall be carried out: 1. A Division of Medical Research; programs relating to research in the medical sciences.

2. A Division of Mathematics, Physical and Engineering Sciences; programs relating to research in the mathematical, physical and engineering sciences.

3. A Division of Biological Sciences; programs relating to research in the biological sciences.

4. A Division of National Defense; programs relating to scientific research on military and naval matters.

5. A Division of Scientific Personnel and Education; programs relating to the grant of scholarships and fellowships in the mathematical, physical, medical, engineering, biological, and other sciences.

(b) The board may, from time to time, create such additional divisions, not to exceed three in number, as it deems necessary, and prescribe the powers and duties of such divisions.

(c) Until such time as the board may create a Division of Social Sciences under subsection (b) hereof, the initiation and support by the Foundation of the social sciences shall be limited to studies related to the programs of the divisions theretofore established and studies of the impact of scientific discovery on the general welfare.

COMMITTEES WITHIN DIVISIONS

SEC. 6. (a) There shall be within each division, except the Division of National Defense, a committee consisting of not less than five members who shall be appointed by the board after receiving recommendations from the National Academy of Sciences. The 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 board after receiving recommendations from the National Academy of Sciences, and the remaining members shall be divided equally between representatives of the War and Navy Departments, designated by the Secretary of War and the Navy, respectively. There shall be within the divisional committee for the Division of National Defense a five-man executive committee consisting of the chairman of the divisional committee, as chairman; two civilian members elected annually by the civilian members of the divisional 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 committee shall annually elect its own chairman from among its own members, and shall devise its own rules of procedure. (b) Members of each divisional committee and of other committees appointed by the board, except paid employees of other Government agencies, shall receive compensation at the rate of $50 for each day while engaged in the business of the Foundation, together with actual and necessary traveling and subsistence expenses when engaged, away from home, in the duties of their office.

(c) Each divisional committee shall have the power and duty to make recommendations to, and advise and consult with, the board and the Director with respect to matters of its division, and shall have such additional powers and duties as the board may prescribe.

SCHOLARSHIPS, FELLOWSHIPS, AND REGISTER

SEC. 7. (a) The Foundation is authorized to award scholarships and fellowships for scientific study or scientific work in any field of science at nonprofit institutions of higher education, or other institutions, selected by the recipient of such aid, for such periods as the Foundation may determine, in the United States or foreign countries. Persons shall be selected for such scholarships and fellowships solely on the basis of aptitude, within the limits of such quotas

from among the States, the District of Columbia, and the Territories, as may be established to insure an equitable selection while continuing to maintain a high standard of aptitude for such persons selected.

(b) The Foundation shall 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 and its possessions. No individual shall be listed in such register without his consent.

AUTHORITY OF FOUNDATION

SEC. 8. The Foundation is empowered to do all things necessary to carry out the provisions of this Act and, without being limited thereby, the Foundation is specifically authorized

(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 carrying out the provisions of this Act;

(c) to enter into contracts, or amendments or modifications of contracts without legal consideration, without performance or other bonds, and without regard to section 3709 of the Revised Statutes (41 U. S. C., sec. 5) in the case of all contracts which relate to scientific research or development; (d) to make advance, progress, and other payments which relate to scientific research or scientific development without regard to the provisions of section 3648 of the Revised Statutes (31 U. S. C., sec. 529);

(e) 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 or scientific development without regard to the provisions of law relating to the acquisition, holding, or disposition of property by the United States;

(f) to receive and use funds donated by others, provided such funds are donated, without other restriction, 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 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);

(h) 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 at a rate not in excess of $10, of such personnel incurred in the course of such services;

(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 and development 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. 9. (a) Each contract executed by the Foundation which relates to scientific research or development 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 is executed. Such objectives may usually be accomplished, within the discretion of the Foundation in particular cases, by making freely available to the public or, if patented, by freely dedicating to the public, inventions produced in the course of basic or fundamental scientific research or scientific research or development completely financed by the Foundation, and by providing for the United States to receive an irrevocable, nonexclusive, royalty-free license for governmental purposes under inventions produced in the course of applied scientific research or development financed by the Foundation but to which the contractor contributes substantially through past or current research or development activities financed by it.

(b) All inventions produced by employees of the Foundation during 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.

DISTRIBUTION OF FUNDS

SEC. 10. (a) 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 in the field of national defense, and an amount sufficiently large to recognize the needs shall be made available for expenditures for research and development pursuant to contracts in the field of medical research.

(b) The funds appropriated to the Foundation for research and development activities shall be allocated within the discretion of the Foundation for contracts with organizations and individuals in such a way as to realize the objectives of (1) having the work performed by the organizations or individuals best qualified by training and experience to achieve the results desired, and (2) strengthening the research staffs of organizations, particularly nonprofit organizations, throughout all the States and Territories and the District of Columbia.

INTERNATIONAL COOPERATION

SEC. 11. (a) The head of any Government agency is hereby authorized, with the approval of the President and through the Department of State, to conclude reciprocal agreements with foreign governments or agencies thereof, relating to the interchange of scientific and technological information (including models and samples for information purposes), and the use and availability of patents and patent rights owned or controlled by the respective governments.

(b) The Foundation is hereby authorized, with the approval of the President and through the Department of State, to cooperate in any international research or development activities consistent with the purposes or provisions of this Act and to expend for such international research activities such sums within the limit of appropriated funds as the Foundation may deem desirable.

(c) 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. 12 (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 a four-year period, the unexpended balances of appropriations shall be carried to the surplus fund and covered into the Treasury.

GENERAL PROVISIONS

SEC. 13. (a) The Director shall appoint and fix the compensation of such personnel as he may deem necessary to carry out the provisions of this Act. Such appointments and compensation shall be made 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 civilservice laws and their compensation fixed without regard to the provisions of the Classification Act of 1923, as amended. The Director, the Deputy Directors hereinafter provided for, and the members of the divisional committees, shall be appointed without reference to the civil-service laws or regulations or the Classification Act of 1923, as amended.

(b) The Director may appoint two Deputy Directors who, when so appointed, shall each receive compensation at the rate of $12,000 per annum.

(c) The Foundation shall not, itself, operate any laboratories, pilot plants, or other scientific or technical facilities.

(d) The members of the board and the members of the divisional committees and other advisory committees may engage in private and gainful employment, and may serve as such members 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, or of any other comparable law, except insofar as such sections may prohibit such person from receiving_compensation in respect of any particular matter which directly involves the Foundation or in which the Foundation is directly interested.

(e) There shall be transferred to the Foundation all of the powers, functions, and duties of the Office of Scientific Research and Development, and its constitutent committees, together with such of the personnel, property, records, funds (including all unexpended balances of appropriations, allocations, or other funds now available), contracts, assets, and liabilities of the Office of Scientific Research and Development, and its constituent committees, as may be determined by the President. This transfer shall take effect at such time or times as the President shall direct.

SHORT TITLE

SEC. 14. This Act may be cited as the "National Science Foundation Act of 1946."

STATEMENT OF DR. ISAIAH BOWMAN, PRESIDENT OF JOHNS HOPKINS UNIVERSITY, BALTIMORE, MD.

Dr. BOWMAN. My name is Isaiah Bowman, president of the Johns Hopkins Unitversity, Baltimore.

As the chairman of this committee has stated, a number of bills in Congress have been considered by the scientists of the country. About 100 scientists gave their testimony before one of the Senate subcommittees on the desirability of a national science foundation, for the purposes stated generally in all of the bills.

The testimony at that time was entirely in favor of a national science foundation, with a single exception. Last fall, November 1945, it seemed desirable to find out what the views of the scientists of the country might be respecting various proposals that were brought forward and incorporated in different bills. It was suggested by a number of scientists that I should take the initiative and form a committee that would give broad consideration to this question.

I think the members of the present House subcommittee would be interested in knowing what resulted from that call and from the meeting of November 1945 at Baltimore. In the end, this committee of scientists, known as the committee supporting the Bush report produced a major statement, followed by several other statements interpreting their views and interpreting various bills, and in general expressing a committee opinion on the issues. The original committee, called together at Baltimore in November, consisted of about 25 persons, and the composition of the committee is readily available for the record if it is desired.

Gradually, as discussion widened and as statements were printed in the weekly journal called Science, and elsewhere, others expressed a desire to join the original nucleus of 25 persons, and by the time of our first publication, I think there were something like 50 members of a main committee that was exploring the general question of national legislation in support of science. So many persons eventually expressed a desire to join the committee that we now have a roster of 5,000 leading scientists of the country, representing all of the important divisions of science.

A few nonscientists were included. For example, there were, I think, about 35 university presidents, some of them not scientists, who were included in the list.