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REF ID:A71876 

SOmCONGRIDSS l.s'.l' SESSION H R 4035 

• • 

IN THE HOUSE OF REPRESENTATIVES 

JrxE 30, 19.J:i 

)fr. ANUH.1!.WF: ol' Nt>w York intruclm•ecl the following bill; whieh wns L'l'fen·Nl 

to the Committee 011 Armed Servi<'CS 

A BILL 

To facilitnte the pcrformuuce of research uncl cleYelopment work 

by aud on behalf of the 'Var ancl Navy Dc1)nrtmcnts, mul 

for other purposes. 

1 Be it enacted by the Senate and I-J om1e of R<'pre.rsentn2 lir<'s of the United'l3tal<'s of .. l m<'ric"a in Conf!1'N~.r; a.~.~embled, 

3 'rlrnt, as used in thi:s Act4 (a) The term "Dl'pnrhuents" means the "\Var and 

5 Navy DepnrtmeutR nll(l m1y other dC'pnrtment created within 

6 uny National Defense Estahlishment. hereafter provided for 

7 by any legi:-.lntion pnssed by the Congress. 

8 ( b) The term "Secretaries" means the Secretary, 

9 Under .Secretary, and any Assistant Secretary of War, the 

10 Secretary, Under Secretary, and any Assistant Secretary 

@'pproved for Release by NSA on 09-18-2013 pursuantto E.O. 1352e 

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REF ID:A71876 

1 of the Nayy, and the Secretary, Under Secretary and any 

2 Assistuut Secrctury of nny other depnrtment, as drfinrd in 

3 subsection (a) hereof. 

4 SEC. 2. Each of the Secretarirs is hereby nuthorized 

5 to C'stuhlish a Research ... \dvisory Committee, or panrl, for 

6 his Departnwnt. In addition, each of the Secretaries may 

7 authorize the estahli.;;hmC'nt of similar committees, or pan.els. 

8 in nny technical serYier, bureau, or office of his respective 

9 Department by the Chief thereof, and the Secretary of War 

10 ma.y nntlwrizC' tht• e~tahlishmcnt of a similar commit.tee· 

11 01· piuwl in thr Army Air Forces by the Chief thereof. 

12 The mt·mbers of the committees or panels provided f01 

13 hc>reiu shall be chusen from persons in ciYilian life who 

14 nrc> prt:>('minrnt in the• fields of 8cicnce or technology. The) 

15 shn11 sene for such term or terms, shall meet at ::mch timei16 and pln<'('S, and islrnJl pt>rforrn 8nch dntie~, as mny he i;:pcri17 fied by the peri-;ou d('~ignnti11g· them. Ench member of 

18 nuy srn:h C'ommith.•l• or pnuel ::;hnll he eut.itled to compen19 satiou in un amount not to exceed $50 for each day or 

20 pt1rt of a dny he :::bull be iu attendance at nny regnlarl)' 

21 called meeting of i-;urb ronunitt~e or panrl, and ~hall br 

2i allowe d artual and nC'rcgi;:ary transportation expengeg and 

~:1 uot to exceed $10 per diem in lieu of subsistence when . 

y~:!.,, )~pgagrd, a way from his permanent residence or place of . 

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_., busim•ss, in attendance at such meetings, or in the per-
REF ID :A71876• 

l formanee of such other dntieR n~ a member of such com2 mittl'e or pane1 nR may ht' specifi<·tl by the person desigi1nt3 ing him: P1·oi1ided, That nothiug contain rd in i;;eeti ons 41, 

4 109, or 113 of thl' Criminal Code (U. S. C., title 18, secs. 

· 5 98, 198 ancl 203) ; in R<•Yisc>d Stntntes, section 190 (U. S. 

6 C., tit le 5, Ree. 99) ; in ~edion 19 ( c) of the Contrm•t 

7 Settlemeut Act of 19-!-! (U. S. C., title 41, sec. 119); 

8 or in any othe1· proYi8ion of FC'cleral la'v imposing restric9 tions, requirements, or penalties in relation to the .employ10 mrnt of persons, the performance of se1Ticcs, or the pn:nnent 

11 or i·eceipt of compensation in connection with any claim, 

12 proceedh1g, or mntter iiwolving the United States, shall 

13 i!-PPly to any such person solely by· reason of memhership 

14: on such committee or pnncl. :Members of all such com15 mitte<'S or panels may ue designated without regard to the 

16 provisions of tl.te civil-service or classification lnws : . P1·0-

17 . 1oided fm·ther, That tlH' proYiRions of the Act of July 12, 

18 1870 (R. S., 3679; U. S. C., title 31, sec. ()65), as 

19 amrncled, shnll not npply to the aeceptnnce of Yolnntnry 

20 service by any member of auy ~nrh committee or panel. 

21 SEC. 3. For thr purpo~e of promoting aucl eonductiug 

22 scientific resrarch uucl drYelopmeut work, each of thl' Serre23 tnries is authorized to employ expert scientific, techuiral, aud 

24 professional peri:1onnel, pursuant to the provisions of section 

25 15 of tlw Act of August 2, 1946 (Puulic Law 600, Seventy-
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REF ID:A71876 

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1 ninth Congress) : "Prm_iwed, 1,hut no provision of lnw prn2 hihitiug pnyrne11t of cump<'nsntio11 or expenses tu miy pcrnon 

3 not a citizen of the r nite<.1 Stntes slrn 11 apply to ~my pcr~;on 

4 employed hereunder. 

5 SEC. 4. TJH.•rc are lu·rl'lJy illlthorizl•d to he n11propriated 

6 su<:b muounts as HU\)' he m·<·e~~nry tu ennhle the Dt•piutrnt·11h; 

7 to curry out their n•speetiYe seie11tifie resenreh nud tll·\·elop8 mt•ut progmms. Auy fu11ds so appropriated, am1 any otuer 

H fuuds heretofore or hcrenfll'r mnde ilYnifoble for the n·~eni·<•h 

10 and den~lopment programs of the Depnrtml·ntl-1, shnll, if 

11 ohligatetl tluriug the fisl·ul yenr or yenrs for which nppro12 pritlted, reumin nYniluLle fur expenditure for four fiscnl y•~urs 

J 3 following the fiscal yenr or years for which appropriated. 

1-l SEC. 5. (a) Any contract fur research or development, 

15 or both, may proYidc for the nequisition or construction by, 

16 or furnisl..iiug to, the contractor of n•scarch, developmentc1l, 

17 or tc:-:t fuciliti:"e, determined by the Secretury c1mcerued t 1;, he 

JS necessary for the perfonnanre tiwreof. SurL research, de19 velopmental, or tc>st facilities may he acquired or constructed 

20 at Government expense, am1 may be furnished to the con21 tractor by lense, lonu, or sale nt foir vulne, and with or without 

22 reimbursement to the Government for the use thereof: 

23 Provided, That nothing contained in this subsection shall be 

24 deemed to authorize construction of a perm.anent natni-e of 

25 buildings or of adclitiorn~ to or exten~ions of buildings, the cost 

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REF ID:A71876 

i _of whic~ in any case exceeds $20,000: Provided further, 

2 Tlrnt nothing contained lH'reiu slmll he deemed to authorize the 

3 irn~tnllation or construction of facilities or property not owned 

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4 by tl1e Government whid1 would not he readily removable 

5 or separable without unreasonable expense or unreasonable 

6 loss of Yalue, unless adequate- provision is made in the con7 tract for ( 1) reimbursement to the Government of the foix 

8 value of such facilities upon the completion or tern1inati.on of 

9 the contract, or within a reasonable time thereafter, or ( 2) an 

10 option in the Government to acqui.rc the underlying land, 

11 or ( 3) such other proyisions as will in the opinion of the 

12 Secretary concerned be adequate to protect the Government's 

13 interest in such facilities: .And provided f zu·ther, TLat all 

14 moneys arising from sales or reimbursement under this suh15 section shall be covered into the Treasury as miscellaneous 

16 receipts. 

17 (b) "'ith the approYal of the Secretary conce1ne<l, any 

18 coutmet for i·e&earch or development, or bo_th, may provide 

19 thnt tl1e Gove1nment will. indemnify the contract01~ against 

20 either or both of the followiug, to the extent tlu~t they mise 

21 out of the pe1·fo1111ance of said contract, and are not com22 pensated hy immra11ce or othenvise: ( 1) Liability 011 uc23 cotmt of daims (including rems01rnhle c·xpcnses of litigation 

24 or settlement of such dnims) , hy third persons, including 

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REF ID:A71876 

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1 employees of the contractor~ for death, bodily injury, or 

2 loss of or damage to property: Prm:idnl, That any contract 

3 so providing shall also contain nppro1wiate provisions for 

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4 notice to the Government of snits or actions filed, or claims 

5 made, against the contractor, with i·espcct to any alleged 

· 6 liability for such death, bodily injury, or loss or damage to 

7 property, and for control of 01· assistance in the defense 

8 of any such suit, action, or claim, by the Gove111mcnt, at 

9 its election; and ( 2) loss or damage to property of the 

10 cpntmctor arising as a result of a iisk defined in the contract. 

11 to be mmsual: Provided furtlze'r, That no payment shall be I 

12 -made by the Gove111ment imder auth01ity of this subsection 

13 (b) unless the amount thereof shall .first have be.en certified 

14 to Le just and rea.sonable by the Secretary conce111e.d or by 

15 mt official of the Department designated for such purpose 

16 by the Secretary: And provided further, That any such 

17 pu.yment may be made out of any funds obligated for the 

18 performance of such contract, out of any funds available 

19 for research and development '\Vork and not otherwise obli20 gated, or out of any funds appropriated by the Oongresi;i 

21 for the making of such payments. 

22 SEO. 6. Each of the Secretaries is au,th01ized to pre23 scribe, with the approval of the Comptroller General of the 

24 United States, regulations for his Department stating the 

25 extent to which vouchers for funds expended imder any 
REF ID:A71876 

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. 1 contract for research or dcYelopmcnt, or both, shall be sub2 ject to itemization or substantiation prior to payment, without 

3 rpgurd to the limitations of other laws relating to the 

4 expenditure of public funds and accounting therefor. In 

5 settling the arcoiints of any disbursing officer, the General 

6 Accounting Office shall allow any disbursements made pur7 suant to such regulations, notwithstanding any other provi- .. 8 sious of law. 

9 SEC. 7. Each of the Secretaries is authorized to publish 

10 or arrange for the publication of scientific and technical 

11 info1111ation resulting from the research and development 

12 programs conducted by the departments, so as to further 

13 the full dissemination of information of scientific value con14 }odstent with the national inte1·est. 

15 SEC. 8. Each of the Secretaries is authorized to dele16 gate any authority provided by this Act, except the au17 thority under the seeond proviso in subsection 5 (a) hereof, 

18. but including the making of any other determination or 

19 decision hereunder, to the chiefs of the technical services, 

20 bureaus, or offices (and, in the case of the Secretary of 

21 War, to ~he Chief of the Army Air Forces) , and to one 

22 assistant to each such chief: Prouided, Tha.t the power to 

23 negotiate, execute, and administer contracts for research or 

24 development, or both, may be further delegated, subject 
REF ID:A71876 

1 to the provisions of any other applicable 1aw, in accordance 

2 with regulations issn<.'<l hy the Secretary concerned. 

3 SEC. 9. (a) Nothing contained in this Act shall be 

4 deemed to modify or repeal any of the provisions of the 

5 Armed Services Procurement Act of 1947, or, except to 

6 the extent that they are inconsistent herewith, any of the 

7 provisions of :Public Law 588, Seventy-ninth Congress, 

8 second session ( 60 Stat. 779) . 

9 (h) The provisions of this Act shall be regarded as 

10 separable, and the invalidity of any such provision shall not 

11 affect the Yaliclity of the remainder. The invalidity of any 

12 provision hereof as to one Dcpnrtmeut shall not affect its 

13 validity us to the other. 

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1:~~l: i.':1:t' : II :wil:: ~(:~\' l/: 11_&;f61 if~ ~~~~~~~~~~~ 

80'.r:e:CONGRESS H R 4035 lsTSESSION • • 

A BILL 

To faciJitate the performance of research and 

development work by and on behalf of the 

W'nr and ~avy Depnrtmento;, aud for other 

purposes. 

By Mr. ANDREW!'! of New York 

Jt'NE 80, 194:7 

Refel'red to the Committee on A.rmecl Services