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with respect to any such problem with other agencies of the Federal Government undertaking similar programs in that field.
"(d) The Board shall recommend and encourage the pursuit of national policies for the promotion of basic research and education in the sciences.
"(e) În exercising the authority and discharging the functions referred to in the foregoing subsections, it shall be one of the objectives of the Foundation to strengthen research and education in the sciences, including independent research by individuals, throughout the United States, including its territories and possessions, and to avoid undue concentration of such research and education.
**(f) The Foundation shall render an annual report to the President for submission on or before the 15th day of January of each year to the Congress, summarizing the activities of the Foundation and making such recommendations as it may deem appropriate. Such_report shall include information as to the acquisition and disposition by the Foundation of any patents and patent rights.”
Sec. 2. Section 4 of the National Science Foundation Act of 1950 is amended to read as follows:
“NATIONAL SCIENCE BOARD “Sec. 4. (a) The Board shall consist of twenty-four members to be appointed by the President, by and with the advice and consent of the Senate, and of the Director ex officio. In addition to any powers and functions otherwise grante to it by this Act, the Board shall establish and be reponsible for the policies of the Foundation,
**(b) The Board shall have an Executive Committee as provided in section 7, and may delegate to it or to the Director or both such of the powers and functions granted to the Board by this Act as it deems appropriate.
"(c) The persons nominated for appointment as members of the Board (1) shall be eminent in the fields of the basic, medical or social sciences, engineering, agriculture, education, or public affairs; (2) shall be selected solely on the basis of established records of distinguished service; and (3) shall be so selected as to provide representation of the views of scientific leaders in all areas of the Nation. The President is requested, in the making of nominations of persons for appointment as members, to give due consideration to any recommendations for nomination which may be submitted to him by the National Academy of Sciences, the National Association of State Universities and Land Grant Colleges, the Association of American Universities, the Association of American Colleges, or by other scientific or educational organizations.
*(d) The term of office of each member of the Board shall be six years; except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person, other than the Director, who has been a member of the Board for twelve consecutive years shall thereafter be ineligible for appointment during the two-year period following the expiration of such twelfth year.
**(e) The Board shall meet annually on the third Monday in May unless, prior to May 10 in any year, the Chairman has set the annual meeting for a day in May other than the third Monday, and at such other times as the Chairman may determine, but he shall also call a meeting whenever one-third of the members so request in writing. A majority of the members of the Board shall constitute a quorum. Each member shall be given notice, by registered mail or certified mail mailed to his last known address of record not less than fifteen days prior to any meeting, of the call of such meeting.
"(f) The election of the Chairman and Vice Chairman of the Board shall take place every second annual meeting. The Vice Chairman shall perform the duties of the Chairinan in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Board shall elect a member to fill such vacancy.
“(g) The Board shall render an annual report to the President, for submission on or before the 31st day of January of each year to the Congress, on the status and health of science and its various disciplines. Such report shall include an assessment of such matters as national scientific resources and trained manpower, progress in selected areas of basic scientific research, and an indication of those aspects of such progress which might be applied to the needs of American society. The report may include such recommendations as the Board may deem timely and appropriate.
“(h) The Board may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of not more than five professional staff members and such clerical staff members as may be necessary. Such staff shall be appointed by the Director and assigned at the direction of the Board. The professional members of such staff may be appointed without regard to the
civil service laws or the Classification Act of 1949 and compensated at a rate not exceeding the appropriate rate provided for individuals in grade 15 of the General Schedule of the Classification Act of 1949, as may be necessary to provide for the performance of such duties as may be prescribed by the Board in connection with the exercise of its powers and functions under this Act. Each appointment under this subsection shall be subject to the same security requirements as those required for personnel of the Foundation appointed under section 14(a).
‘(i) The Board is authorized to establish such special commissions as it may from time to time deem necessary for the purposes of this Act.
“(j) The Board is also authorized to appoint from among its members such committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Board deems appropriate to assist it in exercising its powers and functions under this Act.”
SEC. 3. Section 5 of the National Science Foundation Act of 1950 is amended to read as follows:
"DIRECTOR OF THE FOUNDATION “Sec. 5. (a) The Director of the Foundation (referred to in this Act as the ‘Director') shall be appointed by the President, by and with the advice and consent of the Senate. Before any person is appointed as Director, the President shall afford the Board an opportunity to make recommendations to him with respect to such appointment. The Director shall receive compensation at the rate provided for level II of the Federal Executive Salary Schedule and shall serve for a term of six years unless sooner removed by the President.
"(b) Except as otherwise specifically provided in this Act (1) the Director shall exercise all of the authority granted to the Foundation by this Act (including any powers and functions which may be delegated to him by the Board), and (2) all actions taken by the Director pursuant to the provisions of this Act (or pursuant to the terms of a delegation from the Board) shall be final and binding upon the Foundation.
"(c) The Director may from time to time make such provisions as he deems appropriate authorizing the performance by any other officer, agency, or employee of the Foundation of any of his functions under this Act, including functions delegated to him by the Board; except that the Director may not redelegate policymaking functions delegated to him by the Board.
"(d) The Director shall not make any contract, grant, or other arrangement pursuant to section 11(c) without the prior approval of the Board if such contract, grant, or other arrangement involves a new type of program, or involves a total commitment of over $2,000,000, or over $500,000 in any one year, or a commitment of such other amount or amounts and subject to such other conditions as the Board in its discretion may determine and publish in the Federal Register.
“(e) The Director, in his capacity as ex officio member of the Board, shall, except with respect to compensation and tenure, be coordinate with the other members of the Board. He shall be a voting member of the Board and shall be eligible for election by the Board as Chairman or Vice Chairman of the Board."
SEC. 4. The National Science Foundation Act of 1950 is further amended by striking out section 8, by redesignating sections 6 and 7 as sections 7 and 8, respectively, and by inserting after section 5 the following new section:
"DEPUTY DIRECTOR AND ASSISTANT DIRECTORS “Sec. 6. (a) There shall be a Deputy Director of the Foundation (referred to in this Act as the 'Deputy Director'), who shall be appointed by the President, by and with the advice and consent of the Senate. Before any person is appointed as Deputy Director, the President shall afford the Board and the Director an opportunity to maké recommendations to him with respect to such appointment. The Deputy Director shall receive compensation at the rate provided for level III of the Federal Executive Salary Schedule and shall perform such duties and exercise such powers as the Director may prescribe." The Deputy Director shall act for, and exercise the powers of, the Director during the absence or disability of the Director or in the event of a vacancy in the office of Director.
“(b) There shall be four Assistant Directors of the Foundation (each referred to in this Act as an ‘Assistant Director'), who shall be appointed by the President, by and with the advice and consent of the Senate. Before any person is appointed as an Assistant Director, the President shall afford the Board and the Director an opportunity to make recommendations to him with respect to such appointment. Each Assistant Director shall receive compensation at the rate provided for level V of the Federal Executive Salary Schedule and shall perform such duties and exercise such powers as the Director may prescribe.”
Sec. 5. The section of the National Science Foundation Act of 1950 redesignated as section 7 by section 4 of this Act is amended to read as follows:
“EXECUTIVE COMMITTEE "Sec. 7. (a) There shall be an Executive Committee of the Board, (referred to in this Act as the 'Executive Committee'), which shall be composed of five members and shall exercise such powers and functions as may be delegated to it by the Board Four of the member shall elected as provided in subsection (b), and the Director ex officio shall be the fifth member and the chairman of the Executive Committee.
“(b) At each of its annual meetings the Board shall elect two of its members as members of the Executive Committee, and the Executive Committee members so elected shall hold office for two years from the date of their election. Any person, other than the Director, who has been a member of the Executive Committee for six consecutive years shall thereafter be ineligible for service as a member thereof during the two-year period following the expiration of such sixth year. For the purposes of this subsection, the period between any two consecutive annual meetings of the Board shall be deemed to be one year.
"(c) Any person elected as a member of the Executive Committee to fill a vacancy occurring prior to the expiration of the term for which his predecessor was elected shall be elected for the remainder of such term.
"(d) The Executive Committee shall render an annual report to the Board, and such other reports as it may deem necessary, summarizing its activities and making such recommendations as it may deem appropriate. Minority views and recommendations, if any, of members of the Executive Committee shall be included in such reports.
Sec. 6. The section of the National Science Foundation Act of 1950 redesignated as section 8 by section 4 of this Act is amended to read as follows:
"DIVISIONS WITHIN THE FOUNDATION "Sec. 8. There shall be within the Foundation such Divisions as the Director, in consultation with the Board, may from time to time determine.”
SEC. 7. Section 9(a) of the National Science Foundation Act of 1950 is amended by striking out "section 3(a) (7)” and inserting in lieu thereof "section 4(i)”. Sec. 8. Section 10 of the National Science Foundation Act of 1950 is amended
(1) by striking out "section 17" and inserting in lieu thereof "section 16”; and
(2) by inserting "social," after "engineering,”: Sec. 9. (a) Section 11(c) of the National Science Foundation Act of 1950 is amended—
(1) by striking out "basic";
(4) by striking out “the national defense” and inserting in lieu thereof “international cooperation or national security". (b) Section 11(d) of such Act is amended by striking out “research” and inserting in lieu thereof "activities”.
Sec. 10. Section 13(a) of the National Science Foundation Act of 1950 is amended
(1) by striking out", with the approval of the Board,”; and
(2) by striking out "section 16(d) (2)” and inserting'in' lieu thereof "section 15(d) (2)”. Sec. 11. Section 14 of the National Science Foundation Act of 1950 is repealed.
Sec. 12. (a) Section 15 of the National Science Foundation Act of 1950 is redesignated as section 14, and is amended to read as follows:
"SEC. 14. (a) 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 Act. Except as provided in section 4(h), 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 1949: Provided, That the Director mar, in accordance with such policies as the Board shall from time to time prescribe, employ such technical and professional personnel and fix their compensation, without regard to such laws, as he may deem necessary for the dis
charge of the responsibilities of the Foundation under this Act. The members of the special commissions shall be appointed without regard to the civil service laws or regulations.
“(b) Neither the Director, the Deputy Director, nor any Assistant Director shall engage in any other business, vocation, or employment while serving in such position; nor shall the Director, the Deputy Director, or any Assistant Director, except with the approval of the Board, hold any office in, or act in any capacity for, any organization, agency, or institution with which the Foundation makes any grant, contract, or other arrangement under this Act.
"(c) The Foundation shall not, itself, operate any laboratories or pilot plants.
"(d) The members of the Board and the members of each special commission shall receive compensation at the rate of $100 for each day engaged in the business of the Foundation pursuant to authorization of the Foundation and shall be allowed travel expenses as authorized by section 5 of the Act of August 2, 1946 (5_U.S.C. 73b-2).
“(e) Persons holding other offices in the executive branch of the Federal Government may serve as members of the 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.
“(f) 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 organizations, agencies, and institutions, or individuals in the United States or foreign countries, including Government agencies of the United States and of foreign countries, qualified by training and experience to achieve the results desired, (2) strengthening the research staff of organizations, particularly nonprofit organizations, in the States, territories, possessions, and the District of Columbia, (3) aiding institutions, agencies, or organizations which, if aided, will advance scientific research, and (4) encouraging independent scientific research by individuals.
"(g) Funds available to any department or agency of the Government for scientific or technical research, or the provision of facilities 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."
Sec. 13. Sections 16 and 17 of the National Science Foundation Act of 1950 are redesignated as sections 15 and 16, respectively. Subsection (a) of the section redesignated as section 15 is amended by striking out "1946” each place it appears and inserting in lieu thereof “1954”. Subsection (b) of the section redesignated as section 15 is amended by striking out "section 15(h)” in paragraph (1) and inserting in lieu thereof “section 14(g)”.
SEC. 14. (a)(1) Section 303(b) of the Federal Executive Salary Act of 1964 is amended by adding at the end thereof the following new paragraph:
“(20) Director of the National Science Foundation.' (2) Section 303(c) of such Act is amended by striking out paragraph (41), and by adding at the end thereof the following new paragraph:
“(47) Deputy Director, National Science Foundation." (3) Section 303(e) of such Act is amended by striking out paragraph (66), and by adding at the end thereof the following new paragraph:
"(101) Assistant Directors, National Science Foundation (4).” (4) The amendments made by this subsection (and the amendments made by sections 3 and 4 of this Act insofar as they relate to rate of compensation) shall take effect on the first day of the first calendar month which begins on or after the date of the enactment of this Act.
(b) Section 902(c) of the National Defense Education Act of 1958 is amended by striking out “$50” and inserting in lieu thereof “$100”.
SEC. 15. Except as otherwise specifically provided therein, the amendments made by this Act are intended to continue in effect under the National Science Foundation Act of 1950 the existing offices, procedures, and organization of the National Science Foundation as provided by such Act, part II of Reorganization Plan Numbered 2 of 1962, and Reorganization Plan Numbered 5 of 1965. From and after the date of the enactment of this Act, part II of Reorganization Plan Numbered 2 of 1962, and Reorganization Plan Numbered 5 of 1965, shall be of no force or effect; but nothing in this Act shall alter or affect any transfers of functions made by part I of such Reorganization Plan Numbered 2 of 1962.
THE EVOLUTION OF THE NATIONAL SCIENCE BOARD A strong Board type organization with a Director as executive officer was the predominant choice of persons who went on record on this subject during the period preceding the passage of the National Science Foundation Act of 1950. Nevertheless, there was also a considerable degree of support for the opposite form of organization; namely, a Director in charge of the Foundation's policies and operations, assisted by a Board serving in an advisory capacity. The fact that there were strong supporters for each position resulted in a considerable amount of discussion of the strengths and weaknesses or advantages and disadvantages of both.
The initial proposal for a National Research Foundation is commonly attributed to the recommendations of Dr. Vannevar Bush, Director of the Office of Scientific Research and Development, in a report to the President, presented in July 1945, on the general subject of postwar science organization. The report, Science: the Endless Frontier, was comprised of Dr. Bush's final report, and included as appendixes were the reports of four committees which had been appointed to examine different aspects of the general problem. The Committee on Science and the Public Welfare, under the chairmanship of Dr. Isaiah Bowman, considered the question, "What can the Government do now and in the future to aid research activities by public and private organizations?”'
The Bowman Committee report, submitted in April 1945, recommended the creation of a National Research Foundation controlled by a 15-member parttime Board, composed of "eminent men who are cognizant of the needs of science, and experienced in administration." The Board was to have power to appoint an executive director who would be a full-time officer. Powers and responsibilities of the proposed Foundation were enumerated in some detail, but there appears to have been no discussion as to why the Committee chose to recommend that control be placed in the hands of a Board rather than in a single officer.
The recommendatiorr for a National Research Foundation which Dr. Bush included in his final report retained the control in a multiple body, which he referred to as National Research Foundation members, with the chief executive officer to be a Director appointed by the Members. From the enumeration of functions, powers, and duties of the members of the Foundation, there is no doubt that he intended that control was to be vested in them.
In a concluding section entitled "Action by Congress," Dr. Bush discussed briefly the reasoning for the form of organization which he had recommended:
"The National Research Foundation herein proposed meets the urgent need of the days ahead. The form of the organization is the result of considerable deliberation. The form is important. The very successful pattern of organization of the National Advisory Committee for Aeronautics, which has promoted basic research on problems of flight during the past 30 years, has been carefully considered in proposing the method of appointment of members of the Foundation and in defining their responsibilities. * * *?
On July 19, 1945, companion bills, S. 1285 and H. R. 3852, which followed the recommendations of the Bush report, were intro luced by Senator Warren Magnuson and Representative Wilbur Mills. Four days later, S. 1297 was introduced by Senators Kilgore, Johnson, ani Pepper. It differed from the Magnuson and Mills bills in many respects. In contrast to S. 1285, which vested power in a nine-member Board, with authority to appoint a Director, S. 1297 vested power in a Director appointed by the President, with a 16-member Board, half Government officials, half public members, to act in an advisory capacity.
S. 1297 followed the findings and recommendations in a report of the Subcommittee on War Mobilization to the Senate Military Affairs Committee which was based on an investigation initiated in the closing months of the 77th Congress into the Government's wartime research and development effort and the problems of reconversion.