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1976/05/11 HR10230 National Science and Technology Policy Organization and Priorities Act of 1976 (2)
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1976/05/11 HR10230 National Science and Technology Policy Organization and Priorities Act of 1976 (2)
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White House Records Office: Legislation Case Files
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President (1974-1977 : Ford). Office of Science and Technology Policy. (5/11/1976 - 1/20/1977)
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1976-05-31
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The original documents are located in Box 45, folder "5/11/76 HR10230 National Science and Technology Policy Organization and Priorities Act of 1976 (2)" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 45 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library Calendar No. 596 94TH CONGRESS 2d Session ~ SENATE REPORT No. 94-622 NATIONAL POLICY, ORGANIZATION, AND PRIORITIES FOR SCIENCE, ENGINEERING, AND TECHNOLOGY ACT OF 1976 FEBRUARY 3, 1976.-Ordered to be printed Mr. KENNEDY, from the Committee on Labor and Public Welfare, the Committee on Commerce, and the Committee on Aeronautical and Space Sciences, submitted the following JOINT REPORT [To accompany S. 32] The Committee on Labor and Public Welfare, the Committee on Commerce, and the Committee on Aeronautical and Space Sciences, to which was referred the bill (S. 32) to establish a framework for the formulation of national policy and priorities for science and tech- nology, and for other purposes, having considered the same, report favorably thereon with an amendment in the nature of a substitute and recommend that the bill, as amended, do pass. COMMITTEE AMENDMENT The amendment is as follows: That this Act may be cited as the "National Policy, Organi- zation, and Priorities for Science, Engineering, and Tech- nology Act of 1976". TITLE I-NATIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY AND PRIORITIES FINDINGS SEC. 101. The Congress, recognizing the profound impact of science, engineering, and technology on society, and the interrelations of scientific, engineering, technological, eco- 57-010 o 2 3 nomic, social, political, international, and institutional fac- (1) There must be a continuing national investment tors, hereby finds that- in science, engineering, and technology adequate to the (1) Federal funding for science, engineering, and needs of the Nation. technology represents an investment in the future which (2) The level of this investment must be commensur- is indispensable to sustain national progress and human ate with national needs and opportunities and the prev- betterment; alent economic situation. (2) the manpower pool of scientists, engineers, and (3) The Federal Government must promote the effec- technicians constitutes an invaluable national resource tive and efficient utilization in the national interest of the which should be utilized to the fullest extent possible; Nation's human resources in science, engineering, and (3) the scientific, engineering, and technological technology. capabilities within the United States, when properly (4) The Nation's capabilities for technology assess- fostered, applied, and directed, can effectively assist in ment and for technological planning and policy formu- improving the quality of life, in anticipating and re- lation must be strengthened at both Federal and State solving many critical and emerging international, na- levels. tional, and local problems, in strengthening America's (5) The Federal investment in science, engineering, international economic competitive position, and in fur- and technology must be used to help meet the priority thering the Nation's foreign policy objectives; needs of the Nation, including but not limited to— (4) strong participation by State and local govern- (A) maintaining the Nation's strength in basic ments is essential to the successful solution of many civil- and applied research and education in science and ian problems, and in developing programs for the appli- engineering; cation of science, engineering, and technology to civilian (B) assuring widespread dissemination of scien- needs and to setting priorities for civilian research and tific, engineering, and technological knowledge; development activities; (C) utilizing science, engineering, and technology (5) the widespread influence of technology in society in support of the Nation's domestic and foreign requires sound planning and management to meet human policy goals; needs; (D) promoting the conservation and efficient utili- (6) the maintenance and strengthening of diver- zation of the Nation's natural and human resources; sified scientific, engineering, and technological capabilities (E) providing for the protection of the oceans and in government, industry, and the universities, and the the coastal zones, and the efficient utilization of their encouragement of independent initiatives based on such resources; capabilities, are essential to the most effective use of (F) strengthening the economy and promoting science, engineering, and technology in resolving critical full employment through useful technological and emerging national problems; innovations; (7) a systematic approach is needed to identify and (G) assuring an adequate supply of food, ma- anticipate critical and emerging national problems and terials, and energy for the Nation's needs; to analyze, plan, and coordinate Federal science, engi- (H) strengthening the national security; neering, and technology programs, policies, and activities (I) improving the quality of health care avail- intended to contribute to the resolution of such problems, able to all United States citizens; including long-range, inclusive planning as well as inter- (J) improving the Nation's transportation and mediate and short-range program development; and communication services; (8) the effectiveness of scientific, engineering, and (K) increasing the quality of educational op- technological contributions to the achievement of national portunities available to all United States citizens. goals depends on the maintenance of a strong base of (L) assuring the provision of effective public knowledge in science, engineering, and advanced tech- services throughout urban, suburban, and rural areas nology together with a resource of highly qualified scien- in fields such as public safety, firefighting, and tists and engineers. sanitation; (M) developing high-quality, low-cost housing DECLARATION OF POLICIES AND PRIORITIES systems; SEC. 102. The Congress declares that it is the continuing (N) eliminating air and water pollution and un- policy and responsibility of the Federal Government to take necessary, unhealthful, or ineffective drugs and food additives; and appropriate measures to achieve the following goals: (0) enhancing the quality of the environment. 4 5 (b) Any Associate Director appointed by the President DECLARATION OF PURPOSE shall be chosen from among individuals who (1) by reason of SEC. 103. It is declared to be the purpose of this Act to their training, experience, and attainments, are exceptionally promote the effective application of science, engineering, and qualified to analyze and interpret the implications of scien- technology to the furtherance of national goals by- tific, engineering, and technological development and to ap- (1) establishing, in the Executive Office of the Pres- praise and recommend programs, policies, and activities of ident, an Office of Science, Engineering, and Technology the Federal Government in the light of the policies and pri- Policy to provide a continuing source of science, engineer- orities set forth in section 102 of this Act; and (2) are sensi- ing, and technology policy analysis and judgment to the tive to the economic, social, esthetic, and cultural needs and President; interests of the Nation. (2) establishing a State and Regional Science, Engi- (c) Any Associate Director appointed by the President neering, and Technology Program to foster the applica- shall perform such functions as the Director may from time tion of science, engineering, and technology to State and to time prescribe. regional needs; (3) establishing an Interagency Federal Coordinat- FEDERAL INVESTMENT AND PRIORITIES ing Group on Science, Engineering, and Technology to coordinate agency research and development efforts; and SEC. 204. (a) (1) Within its first year of operation, the (4) having the President submit an annual Science, Office shall, to the extent practicable, within the limitations Engineering, and Technology Report to the Congress. of available knowledge and resources, prepare a five-year forecast of estimated levels of Federal investment in science, TITLE II-OFFICE OF SCIENCE, ENGINEERING, engineering, and technology in accordance with established AND TECHNOLOGY POLICY national policies and priorities, including those policies and priorities declared in section 102 of this Act. (2) The forecast shall include estimates, for each year ESTABLISHMENT included in the forecast, of the allocation of Federal funds SEC. 201. There is established in the Executive Office of among major expenditure areas in science, engineering, and the President an Office of Science, Engineering, and Tech- technology. nology Policy (hereinafter referred to as the "Office"). (b) The Office shall annually revise the five-year forecast developed under subsection (a) of this section SO that it takes DIRECTOR appropriate account of changing national needs and cir- cumstances, and extend the forecast SO that it always extends SEC. 202. (a) The Office shall be administered by a Director five years into the future. who shall be appointed by the President, by and with the (c) The Office shall annually appraise progress in science, advice and consent of the Senate, and who shall be com- engineering, and technology in relation to the needs of the pensated at the rate provided for level II of the Executive Nation and the five-year forecasts developed under subsec- Schedule in section 5313 of title 5, United States Code. tions (a) and (b) of this section and shall estimate a range (b) The President shall choose a Director from among of options for various levels of Federal investment in science, individuals who (1) by reason of their training, experience, engineering, and technology for the fiscal year immediately and attainments, are exceptionally qualified to analyze and following the fiscal year in which such estimates are made, interpret the implications of scientific, engineering, and tech- including among the options that level of Federal investment nological development and to appraise and recommend pro- which would assure optimum utilization of the Nation's sci- grams, policies, and activities of the Federal Government ence, engineering, and technology resources. in the light of the policies and priorities set forth in section 102 (d) The Office shall annually assess alternative uses of Fed- of this Act: and (2) are sensitive to the economic, social, eral funds for science, engineering, and technology in relation esthetic, and cultural needs and interests of the Nation. to scientific, engineering, and technical opportunities and na- tional needs and the five-year forecasts developed under sub- ASSOCIATE DIRECTORS sections (a) and (b) of this section, and on the basis thereof shall prepare a range of priority options for allocating Fed- SEC. 203. (a) The President is authorized to appoint not to eral funds among major expenditure areas in science, engi- exceed four Associate Directors, bv and with the advice and neering, and technology, which pertain to the fiscal year im- consent of the Senate, and who shall be compensated at a rate mediately following the fiscal year in which such priorities not to exceed level III of the Executive Schedule in section are prepared. 5314 of title 5, United States Code. 6 7 (e) The Director shall furnish the options prepared under the various departments and agencies which affect re- subsections (c) and (d) of this section, together with neces- search and development activities, both internally and in sary supporting analyses and data, to the Office of Manage- relation to the private sector, or which may interfere ment and Budget for use in developing budget recommenda- with desirable technological innovation, together with tions to the President. recommendations for the elimination, reform, or updat- ing, as appropriate, of such statutes and regulations; POLICY PLANNING, ANALYSIS, AND ADVICE (8) develop, review, revise, and recommend criteria SEC. 205. The Office shall serve as a source of scientific, en- for determining scientific, engineering, and technological activities warranting Federal support, and recommend gineering, and technological analysis and judgment for the Federal policies designed to advance (A) the develop- President with respect to major policies, plans, and programs ment and maintenance of broadly based scientific, engi- of the Federal Government. In carrying out this function, the Director shall- neering, and technological capabilities, including human resources, at all levels of government, academia, and in- (1) seek to define coherent approaches for applying dustry, and (B) the effective application of such capa- science, engineering, and technology to critical and bilities to national needs; emerging national and international problems and for (9) assess and advise on policies for international co- promoting coordination of the scientific, engineering, and technological responsibilities and programs of the Fed- operation in science, engineering, and technology which eral departments and agencies in the resolution of such will advance the national and international objectives of problems; the United States; (2) assist and advise the President in the prepara- (10) identify and assess emerging and future areas in tion of the Science, Engineering, and Technology Report, which science, engineering, and technology can be used in accordance with section 208 of this Act; effectively in addressing national and international (3) gather timely and authoritative information con- problems; cerning significant developments and trends in science, (11) report at least once each year to the President on engineering, technology, and in national priorities, both the overall activities and accomplishments of the Office, current and prospective, to analyze and interpret such pursuant to section 208 of this Act; and information for the purpose of determining whether such (12) perform such other duties and functions and developments and trends are likely to affect achievement make and furnish such studies and reports thereon, and of the priority needs set forth in section 102 of this recommendations with respect to matters of policy and Act; legislation as the President may request. (4) encourage the development and maintenance of ADDITIONAL FUNCTIONS OF THE DIRECTOR an adequate data base for human resources in science, engineering, and technology, including the development SEC. 206. (a) The Director shall, in addition to the other of appropriate models to forecast future manpower duties and functions set forth in this title- requirements, and assess the impact of major govern- (1) serve as Chairman of the Federal Coordinating mental and public programs on human resources and Group for Science, Engineering, and Technology estab- their utilization; lished under title IV; (5) initiate studies and analyses, including sys- (2) serve as a member of the Domestic Council; and tems analyses and technology assessments, of alternatives (3) serve as a member of the Intergovernmental Sci- available for the resolution of critical and emerging na- ence, Engineering, and Technology Advisory Panel es- tional and international problems amenable to the con- tablished under title V of this Act. tributions of science, engineering, and technology and, (b) For the purpose of assuring the optimum contribution insofar as possible, determine and compare probable of science, engineering, and technology to the national secu- costs, benefits, and impacts of such alternatives; rity, the Director, at the request of the National Security (6) advise the President on the extent to which the Council, shall advise the National Security Council in such various scientific and technical programs, policies, and matters concerning science, engineering, and technology as activities of the Federal Government are likely to affect relate to national security. the achievement of the priority needs of the Nation as (c) The Director, in order to fulfill his functions under this set forth in section 102 (5) of this Act; title, is authorized to- (7) provide the President with periodic reviews of Federal statutes and administrative regulations of (1) appoint, assign the duties, and fix the compensa- tion of personnel without regard to the provisions of title 9 8 (c) Upon request, the Administrator of the National Aero- 5, United States Code, governing appointments in the nautics and Space Administration is authorized to assist the competitive service, and without regard to the provisions Director with respect to carrying out his activities conducted of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay under paragraph (5) of section 205 of this Act. rates, at rates not in excess of the rate prescribed for GS-18 of the General Schedule under section 5332 of SCIENCE, ENGINEERING, AND TECHNOLOGY REPORT such title; and SEC. 208. (a) The President shall transmit annually to the (2) enter into contracts and other arrangements for Congress, beginning February 15, 1977, a Science Engineer- studies, analyses, and other services with public agencies ing, and Technology Report (hereinafter referred to as the and with private persons, organizations, or institutions, "Report") which shall be prepared by the Office, with appro- and make such payments as he deems necessary to carry priate assistance from the departments and agencies and such out the provisions of this Act without legal considera- consultants and contractors as the Director deems necessary. tion, without performance bonds, and without regard to The report shall include the estimates on Federal investment section 3709 of the Revised Statutes (41 U.S.C. 5). level and proposed priorities in science, engineering, and technology, prepared by the Director pursuant to section 204 COORDINATION WITH OTHER ORGANIZATIONS of this Act, and to the extent practicable, within the limita- tions of available knowledge and resources, include such SEC. 207. (a) In exercising his functions under this title, issues as- the Director shall- (1) work in close consultation and cooperation with (1) a review of developments of national significance the Domestic Council, the National Security Council, the in science, engineering, and technology; (2) the significant effects of current and projected Council on Environmental Quality, the Council of Eco- trends in science, engineering, and technology on the nomic Advisers, the Office of Management and Budget, social, economic, and other requirements of the Nation; and the Federal departments and agencies; (2) utilize the services of consultants, establish such (3) a review and appraisal of selected science-, engi- advisory panels, and, to the extent practicable, consult neering-, and technology-related programs, policies, and activities of the Federal Government; with State and local governmental agencies, with appro- priate professional groups, and with such representa- (4) an inventory and forecast of critical and emerging national problems the resolution of which might be sub- tives of industry, the universities, agriculture, labor, con- sumers, conservation organizations, and such other public stantially assisted by the application of science, engineer- interest groups, organizations, and individuals as he ing, and technology; (5) the identification and assessment of scientific, deems advisable; (3) hold such hearings in various parts of the Nation engineering, and technological measures that can con- tribute to the resolution of such problems, in light of the as he deems necessary, to determine the views of the agencies, groups, and organizations referred to in para- related social, economic, political, and institutional graph (2) of this subsection and of the general public, considerations; concerning national needs and trends in science, engi- (6) the existing and projected scientific, engineering, neering, and technology; and and technological resources, including specialized man- power, that could contribute to the resolution of such (4) utilize with their consent to the fullest extent pos- sible the services, personnel, equipment, facilities, and problems; and information (including statistical information) of public (7) recommendations for legislation on science, engi- and private agencies and organizations, and individuals, neering-, and technology-related programs and policies that will contribute to the resolution of such problems. in order to avoid duplication of effort and expense, and may transfer funds made available pursuant to this act (b) In preparing the Report under subsection (a) of this section, the Office shall make maximum use of relevant to other Federal agencies as reimbursement for the data available from the National Science Foundation and utilization of such personnel, services, facilities, equip- other government departments and agencies. ment, and information. (c) The Director shall insure that the Report, in the (b) Each department, agency, and instrumentality of the Executive Branch of the Government, including any inde- form approved by the President, is printed and made avail- pendent agency, is authorized to furnish the Director such able as a public document. information as the Director deems necessary to carry out his functions under this title. S. Rept. 622 O 76 2 10 11 TITLE III-PRESIDENT'S ADVISORY COMMITTEE funding, organization, facilities, and activities in general, ON SCIENCE, ENGINEERING, AND TECHNOLOGY taking adequate account of the interests of individuals and groups that may be affected by Federal scientific, engineering, ESTABLISHMENT and technical programs, including, as appropriate, consulta- tion with such individuals and groups. In carrying out its SEC. 301. The President is authorized to establish within functions under this section, the Committee shall consider the Executive Office of the President a President's Advisory needs for- Committee on Science, Engineering, and Technology (here- (1) the establishment of such new departments, agen- inafter referred to as the "Committee"). cies, offices, or other organizations as may serve to strengthen the Nation's scientific, engineering, and tech- MEMBERSHIP nical capabilities and increase the effectiveness of their SEC. 302. (a) The Committee shall consist of- application to the solution of national problems; (1) the Director of the Office of Science, Engineer- (2) improvements in existing systems for handling ing, and Technology Policy established under title II of scientific, engineering, and technical information on a this Act; and Government-wide basis, including consideration of the (2) not less than eight nor more than fourteen other appropriate role to be played by the private sector in the members appointed by the President. dissemination of such information; (b) Members of the Committee appointed by the Presi- (3) improved technology assessment in the executive dent pursuant to subsection (a) (1) of this section shall- branch of the Federal Government; (1) be exceptionally qualified and distinguished in (4) improved methods for effecting technology in- science, engineering, technology, information dissemina- novation, transfer, and use; tion, education, management, labor, or public affairs; (5) stimulating more effective Federal-State and Fed- (2) be highly capable of critically assessing the eral-industry liaison and cooperation in science, engineer- policies, priorities, programs, and activities of the Na- ing, and technology; tion, with respect to the findings, policies, and purposes (6) reduction and simplification of Federal regula- set forth in title I; and tions and administrative practices and procedures which (3) shall collectively constitute a balanced composi- may have the effect of retarding technological innova- tion or opportunities for its utilization tion with respect to (A) fields of science and engineering, (B) academic, industrial, and government experience, (7) a broader base for support of basic research; and (C) business, labor, consumer, and public interest (8) ways of strengthening the Nation's academic in- stitutions' capabilities for research and education in points of view. (c) The President shall appoint one member of the Com- science, engineering, and technology; mittee to serve as Chairman and another member to serve (9) ways and means of effectively integrating scien- as Vice Chairman for such periods as the President may tific, engineering, and technical factors into our national determine. and international policies; (d) Each member of the Committee who is not an officer (10) technology designed to meet community and of the Federal Government shall, while serving on business individual needs; of the Committee, be entitled to receive compensation at a (11) maintenance of adequate scientific, engineering, rate not to exceed the daily rate prescribed for GS-18 of the and technological manpower with regard to both quality General Schedule under section 5332 of title 5, United States and quantity; Code, including traveltime, and while SO serving away from (12) improved systems for planning and analysis of his home or regular place of business he may be allowed travel the Federal science, engineering, and technology pro- expenses, including per diem in lieu of subsistence, in the grams; and same manner as the expenses authorized by section 5703 (b) (13) long-range study, analysis, and planning in re- of title 5, United States Code, for persons in Government gard to the application of science, engineering, and tech- service employed intermittently. nology to major national problems or concerns. (b) (1) Within one year of the appointment of a majority of its members, the Committee shall submit a report to the FEDERAL SCIENCE, ENGINEERING, AND TECHNOLOGY SURVEY President of its activities, findings, conclusions, and recom- SEC. 303. (a) The Committee shall survey, examine, and mendations including such supporting data and material as analyze the overall context of the Federal science, engineer- may be necessary. ing, and technology effort including missions, goals, personnel, 13 12 (2) After appropriate review of the report submitted rank, office, or grade, or of any emolument, perquisite, right, under paragraph (1) of this subsection, the President shall privilege or benefit incident thereto to military personnel SO transmit the report to the Congress, together with any recom- detailed. Each such detail shall be made pursuant to an mendations he may-wish to make concerning its findings. agreement between the Chairman and the head of the rele- vant department, agency, or instrumentality, and shall be CONTINUATION OF COMMITTEE in accordance with the provisions of subchapter III of chap- ter 33, title 5, United States Code. SEC. 304. (a) Ninety days after transmission of the report prepared under section 303, the Committee shall cease to exist TITLE IV-FEDERAL COORDINATING GROUP unless the President, before the expiration of the ninety-day FOR SCIENCE, ENGINEERING, AND TECHNOLOGY period, makes a determination that it is advantageous for the Committee to continue in being. ESTABLISHMENT AND FUNCTIONS (b) If the President determines that it is advantageous for the Committee to continue in being, (1) the Committee SEC. 401. (a) There is established the Federal Coordinat- shall continue in being and shall exercise such functions as ing Group for Science, Engineering, and Technology (here- are prescribed by the President; and (2) the members of the inafter referred to as the "Group"). Committee shall serve at the pleasure of the President. (b) The Group shall be composed of the Director of the Office of Science, Engineering, and Technology Policy and STAFF AND CONSULTANT SUPPORT one representative of each of the following Federal agencies: Department of Agriculture, Department of Commerce, De- SEC. 305. (a) In the performance of its functions under sec- partment of Defense, Department of Health, Education, and tions 303 and 304, the Committee is authorized- Welfare, Department of Housing and Urban Development, (1) to select, appoint, employ, and fix the compensa- Department of the Interior, Department of State, Depart- tion of such specialists and other experts as may be nec- ment of Transportation, Veterans' Administration, Nuclear essary for the carrying out of its functions under this Regulatory Commission, National Aeronautics and Space Act, in accordance with section 3109 of title 5, United Administration, National Oceanic and Atmospheric Admin- States Code (but without regard to the last sentence istration, National Science Foundation, Environmental Pro- thereof) ; tection Agency, and Energy Research and Development (2) to appoint, assign the duties, and fix the compen- Administration. Each such representative shall be an official sation of personnel without regard to the provisions of of policy rank designated by the head of the Federal agency title 5, United States Code, governing appointments in concerned. the competitive service, and without regard to the pro- (c) The Director of the Office of Science, Engineering, visions of chapter 51 and subchapter III of chapter 53 and Technology Policy shall serve as Chairman of the Group. of such title, relating to classification and General Sched- The Chairman may make provision for another member of ule pay rates, at rates not in excess of the rate prescribed the Group to act temporarily in the Chairman's absence as for GS-18 of the General Schedule under section 5332 of Chairman of the Group. such title; and (d) The Chairman may (1) request the head of any (3) to provide for the participation of such civilian Federal agency not named in subsection (b) of this section and military personnel as may be detailed to the Com- to designate a representative to participate in meetings or mittee pursuant to subsection (b) of this section for car- parts of meetings of the Group concerned with matters of rying out the functions of the Committee. substantial interest to such agency, and (2) invite other (b) Upon request of the Committee, the head of any Fed- persons to attend meetings of the Group. eral department, agency, or instrumentality is authorized (e) The Group shall consider problems and developments (1) to furnish to the Committee such information as may be in the fields of science, engineering, and technology and re- necessary for carrying out its functions and as may be avail- lated activities affecting more than one Federal agency, and able to or procurable by such department, agency, or instru- shall recommend policies and other measures designed to— mentality, and (2) to detail to temporary duty with the Com- (1) provide more effective planning and administra- mittee on a reimbursable basis such personnel within his ad- tion of Federal scientific, engineering, and technological ministrative jurisdiction as it may need or believe to be useful programs, for carrying out its functions. Each such detail shall be (2) identify research needs including areas of research without loss of seniority, pay, or other employee status, to requiring additional emphasis, civilian employees SO detailed, and without loss of status, 14 15 (3) achieve more effective utilization of the scientific, pensation at a rate not to exceed the daily rate prescribed for engineering, and technological resources and facilities of GS-18 of the General Schedule under section 5332 of title v, Federal agencies, including the elimination of unneces- United States Code, including traveltime, and while SO serv- sary duplication, and ing away from his home or regular place of business, he may (4) further international cooperation in science, engi- be allowed travel expenses, including per diem in lieu of sub- neering, and technology. sistence in the same manner as the expenses authorized by (f) The Group shall perform such other related advisory section 5703 (b) of title v, United States Code, for persons duties as shall be assigned by the President or by the Chair- in Government service employed intermittently. man. (d) The Director, or his representative, shall serve as (g) For the purpose of carrying out the provisions of this Chairman of the Panel. section, each Federal agency represented on the Group shall (e) The Panel shall perform such functions as the Chair- furnish necessary assistance to the Group. Such assistance may man may prescribe, and shall meet at the call of the Chairman. include- (1) detailing employees to the Group to perform such FUNCTIONS OF THE PANEL functions, consistent with the purposes of this section, as the Chairman may assign to them, and SEC. 502. (a) The Panel shall advise and assist the (2) undertaking, upon request of the Chairman, such Director in- special studies for the Group as come within the functions (1) identifying and defining civilian problems at the herein assigned to the Group. State, regional, and local levels to whose solution or ameli- (h) For the purpose of conducting studies and making oration the application of science, engineering, and tech- reports as directed by the Chairman, standing subcommittees nology may contribute; and panels of the Group may be established. (2) establishing priorities for addressing the problems identified in paragraph (1) and ABOLITION OF FEDERAL COUNCIL FOR SCIENCE AND TECHNOLOGY (3) identifying and fostering ways to facilitate the transfer and utilization of results of Federal research and SEC. 402. The Federal Council for Science and Technology, and development activities SO as to maximize their appli- established pursuant to Executive Order 10807, issued cation to civilian needs. March 13, 1959, as amended by Executive Order 11381, issued November 8, 1967, is hereby abolished. GRANTS FOR STATE SCIENCE, ENGINEERING, AND TECHNOLOGY ADVISORY PROGRAMS TITLE V-STATE AND REGIONAL SCIENCE AND TECHNOLOGY PROGRAM SEC. 503. (a) From funds authorized under section 602 of this title, the Director of the National Science Foundation, ESTABLISHMENT OF INTERGOVERNMENTAL SCIENCE, ENGINEERING, after consultation with the Panel, is authorized to make grants of not to exceed $200,000 to any State to pay a AND TECHNOLOGY ADVISORY PANEL part of the costs of establishing or strengthening offices of SEC. 501. (a) There is established within the Office an State science, engineering, and technology within the execu- Intergovernmental Science, Engineering, and Technology tive and legislative branches of the State government. Advisory Panel (hereinafter referred to as the "Panel"). (b) The purpose of any such office shall be to promote the (b) The Panel shall be composed of members as follows: wise application of science, engineering, and technology to (1) One member from each State, to be appointed by meeting the needs of the State and its political subdivisions, the Governor of that State. by providing assistance and advice to the Governor or the (2) The Director of the National Science Foundation legislature of such State, as appropriate. or his representative. (c) No grant authorized under this section for the estab- (3) The Director or his representative. lishment or strengthening of an office of State science, engi- In making appointments under this subsection, the Governor neering, and technology may exceed $100,000. of each State shall appoint individuals who are familiar with (d) No grant may be authorized under this section unless State and local needs, who would be effective in serving as a an application is submitted at such time, in such manner, and liasion between the State and the Federal Government, and, containing or accompanied by such information as the Direc- to the extent practicable, are familiar with science, engineer- tor of the National Science Foundation shall require. Each ing, and technology issues. such application shall contain provisions to assure that- (c) Each appointed member of the Panel shall, while (1) the office for which assistance is sought under the serving on business of the Panel, be entitled to receive com- application will (A) be headed by an official who, by rea- 16 17 son of education and experience, is qualified to advise the be available to carry out the provisions of title II, $1,000,000 Governor or legislature of a State, as appropriate, on shall be available to carry out the provisions of title III, and the application of science, engineering, and technology to $2,000,000 shall be available to carry out the provisions of meeting the needs of the State and its political subdivi- title V; $1,500,000 for the period beginning July 1, 1976, and sions, and (B) have sufficient authority, consistent with ending September 30, 1976, of which $250,000 shall be avail- State law, to carry out any functions assigned to that able to carry out the provisions of title II, $250,000 shall be office pursuant to this title; and available to carry out the provisions of title III, and $1,000,- (2) it is the applicant's stated intention that the State 000 shall be available to carry out the provisions of title V; will assume the costs of any office established or strength- and $12,000,000 for the fiscal year 1977, of which $3,000,000 ened pursuant to this title not later than two years after shall be available to carry out the provisions of title II, the year in which the grant is made. $1,000,000 shall be available to carry out the provisions of (e) The Director of the National Science Foundation shall title III, and $8,000,000 shall be available to carry out the approve any application which meets requirements of subsec- provisions of title V. tion (d) of this section, and shall not disapprove any applica- (b) Funds appropriated pursuant to subsection (a) of this tion without affording an opportunity for a hearing. section shall remain available for obligation, for expenditure, (f) (1) The Director of the National Science Foundation or for obligation and expenditure, for such period or periods shall pay to each State having an application approved under as may be specified in Acts making such appropriations. subsection (e) of this section the Federal share of the cost of that application. REPEALER (2) For each fiscal year the Federal share shall be 80 per centum. SEC. 603. Sections 1, 2, 3, and 4 of Reorganization Plan (3) Any application submitted pursuant to this section Numbered 2 of 1962 (76 Stat. 1253) and section 2 of Reorga- shall not be funded unless such application is submitted to the nization Plan Numbered 1 of 1973 (87 Stat. 1089) are Director of the National Science Foundation prior to thirty- repealed. SUMMARY OF BILL six months after the date of enactment of this Act. GENERAL TITLE VI-GENERAL PROVISIONS This Act establishes a framework for the formulation of national DEFINITIONS policy and priorities for science and technology, including the estab- SEC. 601. As used in this Act: lishment of an Office of Science, Engineering, and Technology Policy in the Executive Office of the President. (1) The term "Office" means the Office of Science, Engi- neering, and Technology Policy. TITLE I (2) The term "Director" means the Director of the Office of Science, Engineering, and Technology Policy. DECLARATION OF POLICY (3) The term "Committee" means the President's Advisory Committee on Science, Engineering. and Technology. Title I establishes as national policy that: (a) there must be a (4) The term "Group" means the Federal Coordinating continuing investment in science and technology directed toward the Group for Science, Engineering, and Technology. priority needs of the nation; (b) the technical manpower pool is an (5) The term "Panel" means the Intergovernmental invaluable national resource that should be fully utilized; and (c) Science, Engineering, and Technology Advisory Panel. capabilities for technology assessment, planning, and policy formula- (6) The term "Foundation" means the National Science tion must be strengthened at both Federal and State levels. Title I also Foundation. sets forth fifteen priority areas for allocation of the Federal investment (7) The term "State" means each of the several States, in science and technology. the District of Columbia, the Commonwealth of Puerto Rico, TITLE II the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. OFFICE OF SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY AUTHORIZATION OF APPROPRIATIONS Title II establishes an Office of Science, Engineering, and Tech- nology Policy in the Executive Office of the President, administered SEC. 602. (a) There are authorized to be appropriated by a Director (at Level II of the Executive Schedule), appointed by $4,000,000 for the fiscal year 1976, of which $1,000,000 shall S. Rept. 622 O 76 3 18 19 and with the advice and consent of the Senate. The President is TITLE V authorized to appoint up to four Associate Directors (at Level III of the Executive Schedule), also with Senate confirmation. STATE AND REGIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY PROGRAM The Office shall prepare and annually update a five-year forecast of Federal investment in science and technology, including estimates Title V establishes an Intergovernmental Science, Engineering, and of the allocation of Federal funds among major expenditure areas: Technology Advisory Panel to advise the Director in establishing annually estimate a range of options for various levels of Federal priorities for addressing civilian problems at State, regional, and investment in science and technology, including a range of priority local levels which science and technology can help resolve. This title options for allocating Federal funds among major expenditure areas; also establishes a State Science, Engineering, and Technology Pro- and furnish the options to the Office of Management and Budget for gram within the National Science Foundation to make grants of up use in developing budget recommendations to the President. to $200,000 to any State to enable it to establish or strengthen Offices The Office shall provide the President with a continuing source of of Science, Engineering, and Technology within the executive or leg- policy planning, analysis, and advice with respect to major policies, islative branches of State governments, provided that the State pro- plans, and programs of science and technology of the Federal govern- vides matching funding on an 80% Federal, 20% State basis. ment. The Director of the Office shall chair the Federal Coordinating TITLE VI Group for Science, Engineering, and Technology (established under Title IV) and the Intergovernmental Science, Engineering, and Tech- AUTHORIZATION OF APPROPRIATIONS nology Advisory Panel (established under Title V) ; shall serve as a member of the Domestic Council; and as an adviser to the National Title VI authorizes $4,000,000 for fiscal year 1976; $1,500,000 for the Security Council. The Director shall coordinate the work of the Office period from July 1 through September 30, 1976; and $12,000,000 for with the Domestic Council, NSC, CEQ, CEA, OMB, and the depart- fiscal year 1977. ments and agencies. SECTION-BY-SECTION ANALYSIS The Office shall prepare an annual Report on Science, Engineering, and Technology which the President shall transmit to the Congress. TITLE I-NATIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY AND PRIORITIES TITLE III FINDINGS PRESIDENT'S ADVISORY COMMITTEE ON SCIENCE, ENGINEERING, AND TECHNOLOGY Section 101. This section states the findings of Congress that Fed- eral funding for science and technology is an investment in the nation's Under Title III, the President shall appoint an Advisory Committee future; the technical manpower pool is an invaluable national re- of between 9 and 15 members, including the Director of the Office. source which should be fully utilized: strong participation by State The Committee shall conduct a comprehensive survey of Federal and local governments is essential; diversified technical capabilities science and technology, and submit a report thereon to the President in government, industry, and the universities are essential; and a sys- within one year. After receipt of the report, the Committee shall tematic approach is needed, including long-range planning, as well as expire unless the President deems it advantageous to continue the intermediate and short-range program development. Committee as an ongoing Advisory Committee. DECLARATION OF POLICIES AND PRIORITIES TITLE IV Section 102. This section declares it to be national policy that there FEDERAL COORDINATION GROUP FOR SCIENCE, ENGINEERING, AND be a continuing investment in science and technology adequate to TECHNOLOGY national needs; that the Federal Government must promote the utili- zation in the national interest of the Nation's human resources in Title IV redesignates the Federal Council for Science and Tech- science, engineering, and technology; capabilities for technology nology as the Federal Coordinating Committee for Science, Engineer- ing, and Technology, and gives it the statutory authority to coordinate assessment, planning, and policy formulation must be strengthened of both Federal and State levels; the Federal investment in science Federal plans and programs in science and technology. The Director and technology must be addressed to the priority needs of the Nation, of the Office is designated as Chairman of this Group. including (a) national strength in research and education, (b) dis- semination of technical knowledge, (c) utilizing science and technol- 21 20 ogy in support of national goals, (d) promoting conservation and effi- funds among major expenditure areas; and furnish the options to cient utilization of natural and human resources, (e) protecting the the Office of Management and Budget for use in developing budget recommendations to the President. oceans and coastal zones, (f) strengthening the economy and promot- ing full employment, (g) assuring adequate supplies of food, mate- rials, and energy, (h) strengthening national security, (i) improving POLICY PLANNING, ANALYSIS, AND ADVICE the quality of health care, (j) improving transportation and commu- Section 205. This section states that the Office shall serve as a source nication services, (k) increasing educational opportunities, (1) assur- of scientific, engineering, and technological analysis and judgment ing effective public services, (m) developing high-qualty, low-cost for the President with respect to major policies, plans, and programs housing, (n) eliminating air and water pollution and unhealthful of the Federal Government. drugs and food additives, and (o) enhancing environmental quality. ADDITIONAL FUNCTIONS OF THE DIRECTOR DECLARATION OF PURPOSE Section 206. This section states that the Director shall serve as Section 103. This section declares the purpose of this Act to: Chairman of the Federal Coordinating Group for Science, Engineer- (1) establish an Office of Science, Engineering, and Technology ing, and Technology, as a member of the Domestic Council, as a Policy in the Executive Office of the President; (2) establish a State member of the Intergovernmental Science, Engineering, and Tech- and Regional Science, Engineering, and Technology Program; (3) nology Advisory Panel, and as a Statutory Adviser to the National establish an Interagency Federal Coordinating Group on Science, Security Council in such matters concerning science, engineering, and Engineering, and Technology; and (4) require the President to technology as relate to national security; and that the Director is submit an annual Science, Engineering, and Technology Report to authorized to appoint and compensate personnel and enter into con- Congress. tracts and other arrangements for studies, analyses, and other services. TITLE II-OFFICE OF SCIENCE, ENGINEERING, AND COORDINATION WITH OTHER ORGANIZATIONS TECHNOLOGY POLICY Section 207. This section states that the Director shall coordinate ESTABLISHMENT with the Domestic Council, the National Security Council, the Coun- cil on Environmental Quality, the Council of Economic Advisers, Section 201. This section establishes an Office of Science, Engineer- the Office of Management and Budget, and the Federal departments ing, and Technology Policy in the Executive Office of the President. and agencies; utilize consultants and advisory panels and consult with individuals and groups throughout the society as he deems advisable; DIRECTOR hold hearings; utilize with their consent the services of public and private agencies, organizations, and individuals, and transfer funds Section 202. This section states that the Office shall be adminis- to other Federal agencies; that each agency of the executive branch tered by a Director, appointed by President with the advice and is authorized to furnish the Director information necessary to carry consent of the Senate and compensated at the rate provided for level out his functions; and that the Administrator of the National Aero- II of the Executive Schedule. nautics and Space Administration is authorized to assist the Director with respect to system analyses of alternative applications of science ASSOCIATE DIRECTORS and technology. Section 203. This section authorizes the President to appoint with the advice and consent of the Senate, up to four Associate Directors, SCIENCE, ENGINEERING, AND TECHNOLOGY REPORT compensated at a rate not to exceed level III of the Executive Section 208. This section states that the President shall transmit an Schedule. annual Science. Engineering, and Technology Report to the Congress, FEDERAL INVESTMENT AND PRIORITIES individuals and groups throughout the society as he deems advisable; Section 204. This section states that the Office shall prepare and which shall be prepared by the Office, with appropriate assistance annually update a five-year forecast of Federal investment in science, from other agencies, consultants, and contractors. The report shall and technology, including estimates of the allocation of Federal include the Office's discussion of options on Federal investments and funds among major expenditure areas; annually estimate a range of priorities in science and technology, and shall deal. to the extent prac- options for various levels of Federal investment in science and tech- ticable and within the limitations of available knowledge and re- nology, including a range of priority options for allocating Federal sources, with a range of national policy issues involving science and technology. 22 23 TITLE IHI-PRESIDENT'S ADVISORY COMMITTEE ON tions are purely advisory in nature and involve no exercise of author- SCIENCE, ENGINEERING, AND TECHNOLOGY ity over the participating agencies, whose participation is governed by their applicable statutes. ESTABLISHMENT ABOLITION OF FEDERAL COUNCIL FOR SCIENCE AND TECHNOLOGY Section 301. This section authorizes the President to establish a President's Advisory Committee on Science, Engineering, and Tech- Section 402. This section abolishes the Federal Council for Science nology. and Technology, which had been established by Executive Order in 1959. MEMBERSHIP Section 302. This section states that the Committee shall consist of TITLE V-STATE AND REGIONAL SCIENCE AND the Director and between eight and fourteen other members appointed TECHNOLOGY PROGRAM by the President; that the President shall appoint a Chairman and Vice Chairman; and that the members are entitled to be reimbursed ESTABLISHMENT OF INTERGOVERNMENTAL SCIENCE, ENGINEERING, AND for their official expenses and to receive compensation for their serv- TECHNOLOGY ADVISORY PANEL ices at a rate not to exceed the daily rate prescribed for GS-18 of the General Schedule. Section 501. This section establishes within the Office an Intergov- ernmental Science, Engineering, and Technology Advisory Panel, FEDERAL SCIENCE, ENGINEERING, AND TECHNOLOGY SURVEY composed of the Director or his representative, the Director of the National Science Foundation or his representative, and one member Section 303. This section states that the Committee shall survey, from each State, to be appointed by the Governor of that State; pro- examine, and analyze the overall context of the Federal science, engi- vides for reimbursement for official expenses incurred by Panel mem- neering, and technology effort including missions, goals, personnel, bers and for their compensation at a rate not to exceed the daily rate funding, organization, facilities, and activities in general; that the for GS-18 of the General Schedule; states that the Director or his Committee shall submit a report of its findings, conclusions, and rec- representative shall serve as Chairman of the Panel; and states that ommendations to the President within one year of the appointment of the Panel shall meet at the call of the Chairman. a majority of its members; and that, after appropriate review, the President shall transmit the report to Congress, together with any FUNCTIONS OF THE PANEL recommendations he may wish to make concerning its findings. Section 502. This section states that the Panel shall advise and assist CONTINUATION OF COMMITTEE the Director in identifying and defining civilian problems at the State, regional, and local levels susceptible to scientific and technical solu- Section 304. This section states that the Committee will cease to exist tion or amelioration; in establishing priorities for addressing such ninety days after transmission of the report, unless the President problems; and in fostering the utilization of the results of Federal makes a determination that it is advantageous for the Committee to research and development activities SO as to maximize their application continue in being, in which case the Committee shall exercise such to civilian needs. functions as are prescribed by the President, with its members serving at the pleasure of the President. GRANTS FOR STATE SCIENCE, ENGINEERING, AND TECHNOLOGY ADVISORY PROGRAMS STAFF AND CONSULTANT SUPPORT Section 503. This section states that the National Science Founda- Section 305. This section provides for appropriate staff and con- tion is authorized to make grants to any State to pay a part of the costs sultant support to the Committee. of establishing or strengthening offices of State science, engineering, and technology within the executive and legislative branches of the TITLE IV-FEDERAL COORDINATING GROUP FOR State government; that the purpose of any such office shall be to pro- SCIENCE, ENGINEERING, AND TECHNOLOGY mote the wise application of science and technology to the needs of the State; that no grant to a State's legislature or executive branch may ex- ESTABLISHMENT AND FUNCTIONS ceed $100,000; that the total amount granted to any State may not ex- ceed $200,000; that the Federal share of the cost of the office shall be Section 401. This section establishes the Federal Coordinating 80% of the total annual cost; that the State will assume the cost of Group for Science, Engineering, and Technology, to be chaired by the any such office not later than two years after award of the grant; that Director, and to exercise the same functions as those heretofore exer- the Director of the National Science Foundation shall approve any cised by the Federal Council for Science and Technology. These func- grant application which meets the requirements of this Act and such regulations as he may establish. 24 25 TITLE VI-GENERAL PROVISIONS tion aimed at meeting needs in this area. On August 14, 1970, he introduced S. 4241, the Conversion Research and Education Act. DEFINITIONS Although it was not possible to hold hearings on the bill before the end of the Ninety-first Congress, the bill was subjected to close Section 601. This section defines terms used in this Act. scrutiny by leading authorities in this field throughout the Nation. After careful consideration of their comments and suggestions, the AUTHORIZATION OF APPROPRIATIONS bill was revised and re-introduced by Senator Kennedy in the Ninety- Section 602. This section authorizes appropriations to carry out the second Congress on January 25, 1971, as S. 32, the Conversion, Re- provisions of this Act of $4,000,000 for fiscal year 1976 $1,500,000 for search, Education, and Assistance Act. The bill was referred to the Committee on Labor and Public Welfare and assigned to the Subcom- the period from July 1, 1976 through September 30, 1976; and $12,- mittee on the National Science Foundation. 000,000 for fiscal year 1977. The bill was circulated among leading authorities throughout the REPEALER Nation who were expert in various of its aspects, and their comments Section 603. This section repeals sections 1, 2, 3, and 4 of Reorganiza- and suggestions were carefully studied by the Subcommittee. At the tion Plan Numbered 2 of 1962 and section 2 of Reorganization Plan same time a companion bill to S. 32 had been introduced in the House Numbered 1 of 1973. of Representatives as H.R. 34, by Congressmen John W. Davis and LEGISLATIVE HISTORY Robert N. Giaimo and one hundred and eleven cosponsors in January 1971. H.R. 34 was virtually identical to S. 32. Consequently the eight The Committee on Labor and Public Welfare began serious con- days of comprehensive hearings which the House Committee on Sci- sideration of national policies and priorities for science and technology ence and Astronautics held on H.R. 34 on June 22, 23, 24. July 13, 14, in the course of committee examination of the problems of postwar eco- 15, and August 5 and 6, 1971 proved extremely helpful in the National nomic conversion in the Ninety-first Congress. On December 1 and 2, Science Foundation Subcommittee's consideration of S. 32. 1969, the Committee held hearings on Postwar Economic Conversion. Based on the extensive comments and suggestions which were The Committee heard testimony from Professor Warren L. Smith, De- received over these months, from various experts and organizations partment of Economics, University of Michigan and former member of throughout the country and through the House hearings, Senator the Council of Economic Advisers; Dr. Seymour Melman, economist Kennedy filed Amendment 469 to S. 32 on October 13, 1971. This and professor of industrial engineering at Columbia University; the amendment was designed to take account of many of the suggestions late Walter P. Reuther, President of the United Auto Workers; Dr. which the Subcommittee had received. Wilfred Lewis, Jr. of the National Planning Association; the Honor- On October 26 and 27, 1971, the Subcommittee on the National Sci- able Archibald S. Alexander, former Assistant Director for Economics ence Foundation held hearings on S. 32, including consideration of of the U.S. Arms Control and Disarmament Agency; and Nathanial Amendment 469. (The hearings also considered S. 1261, the Economic Goldfinger, Director of Research, AFL-CIO. Conversion Loan Authorization Act, which is still under study by the Additional hearings on Postwar Economic Conversion were held Subcommittee on the National Science Foundation.) Testimony was before the Committee in Lexington, Massachusetts on March 23, 1970, heard from the Administration spokesman, Dr. William D. McElroy, and in Framingham, Massachusetts on April 3, 1970. At those hearings Director of the National Science Foundation; Paul Robbins, Execu- the Committee heard testimony from General James Gavin, Chairman tive Director of the National Society of Professional Engineers; Jack of the Board, Arthur D. Little, Inc.; Dr. George Gols of Arthur D. Golodner, Executive Secretary of the Council of AFL-CIO Unions Little; Carroll Sheehan, Commissioner of the Massachusetts Depart- for Scientific, Professional, and Cultural Employees; Sanford V. ment of Commerce and Development; Bernard O'Keefe, President of Lenz, Chairman, Professional, Technical, and Salaried Conference E.G. & G. Corporation; D. Justin McCarthy, President of Framing- Board, IUE, AFL-CIO; Mrs. Betty Vetter, Executive Director, Sci- ham State College; Joseph Hyman, President of Hycor Corporation; entific Manpower Commission; Professor Paul H. Thompson, Gradu- Dr. Arthur S. Obermayer, President of Moleculon Corporation; Dr. ate School of Business Administration, Harvard University; and four Duncan MacDonald, business consultant; and William Alexander, unemployed engineers-Robert Fraser from Lincoln, Massachusetts, President of the Research, Development, and Technical Employees S. Robert Salow from Newton, Massachusetts, Charles Laible from Association, MIT Laboratories. Cherry Hill, New Jersey, and Nathan N. Budish from Seattle, Wash- The testimony and statements for the record submitted at these ington. hearings provided the Committee with a comprehensive background In addition to the testimony received at the hearings, the hearings on the problems of economic conversion and a realization that national record also included statements on the legislation from the Comptroller legislation was required to enable the country to build a strong base General and the Administration and from twenty-seven organizations of civilian science and technology. and individuals with special competence in this area. Since the hear- As Chairman of the Special Subcommittee on the National Science ings record was published, scores of other statements had been received Foundation, Senator Edward M. Kennedy began developing legisla- from interested organizations and individuals with respect to S.32. 26 27 Based on all of the information and the views which were received, of a substitute. Identical action was taken by the Aeronautical and the bill was further revised and considered by the Special Subcom- Space Sciences Committee at its Executive Session held September 18, mitte on the National Science Foundation in an Executive Meeting 1974. On September 18, 1974, S. 2495 was referred to the Committee on April 5, 1972. At that meeting, upon the suggestion of Senator on Labor and Public Welfare for further consideration. Dominick, the Subcommittee agreed to submit the bill (in its revised On October 8, 1974 the Special Subcommittee on the National Sci- form) to the Executive Agencies and the General Accounting Office ence Foundation held a hearing on S. 32, S. 1686 and S. 2495. Testi- for further comment. Letters were received from sixteen agencies and mony was heard from the Administration spokesman, Dr. Guyford H. the GAO, and the specific comments were taken into careful account Stever, Director of the National Science Foundation and Science by the Subcommittee. Adviser; Dr. Edward Wenk, Jr., Chairman of the Committee on Based on those comments, the bill was further revised and considered Public Engineering Policy of the National Academy of Engineering; again by the Subcommittee in Executive Meeting on May 30, 1972. and Dr. Thomas G. Fox, Chairman of the Governor's Science Ad- At that meeting, the Subcommittee, without opposition, favorably visory Committee, State of Pennsylvania. reported the bill to the full Committee with an amendment in the Based on the testimony which was presented at the hearing, the three nature of a substitute and with a title amendment. bills were further revised and considered by the Subcommittee in an The bill was considered by the full Committee on Labor and Public Executive Meeting on October 8, 1974. At that meeting, the Subcom- Welfare in Executive Meetings on June 21 and June 28, 1972. At the mittee unanimously favorably reported S. 32, to the full Committee June 28 meeting, the Committee on Labor and Public Welfare ordered with an amendment in the nature of a substitute and with a title amend- the bill, with a modified amendment in the nature of a substitute and ment. All seven members of the Subcommittee were recorded as voting with a title amendment, reported favorably to the Senate. On the roll to report the bill to the full Committee. call vote to report, all seventeen members of the Committee were The bill was considered by the full Committee on Labor and Public recorded as voting to report the bill favorably. Welfare on October 8, 1974. The Committee ordered the bill, with On August 17, 1972, the bill was considered by the Senate, and an amendment in the nature of a substitute and with a title amend- passed by a vote of 70 to 8. It was then sent to the House of Repre- ment, reported favorably to the Senate. All sixteen members of the sentatives where it was referred to the Committee on Science and Committee were recorded as voting to report the bill favorably. Astronautics. No action was taken by the House prior to the adjourn- The Senate passed the bill by unanimous voice vote on October 11, ment of the 92d Congress. 1974. It was then sent to the House of Representatives where it was On January 4, 1973, Senator Kennedy reintroduced S. 32. On referred to the Committee on Science and Astronautics. No action was May 2, 1973, Senator Dominick introduced S. 1686, the Civilian taken by the House prior to the adjournment of the 93rd Congress. Science and Technology Policy Act of 1973. Both bills were referred On January 15, 1975, Senator Kennedy reintroduced S. 32 (in a to the Senate Committee on Labor and Public Welfare. form identical to the bill that had passed the Senate in October, 1974) S. 2495 was introduced on September 27, 1973 by Senator Magnuson, with the cosponsorship of Senators Moss and Tunney and 29 other Senator Moss, and Senator Tunney. The bill was referred jointly to the Senators. This bill was referred jointly to the Committees on Labor Committee on Commerce and the Committee on Aeronautical and and Public Welfare, Commerce, and Aeronautical and Space Sciences. Space Sciences. On September 28, 1973 unanimous consent was given A significant break occurred on May 22, 1975, when President Gerald that when the two Committees report the bill, it would be re-referred R. Ford met with Vice President Nelson A. Rockefeller, Senators Moss, to the Committee on Labor and Public Welfare. Goldwater, Beall, and Laxalt, and Congressmen Teague, Mosher, On January 18, 1974 a working draft of a revised version of S. 2495 Thornton, Conlan, and Symington, to announce his approval of a pro- was prepared by the Commerce and Aeronautical and Space Sciences posal prepared by the Vice President to re-establish the Science and Committees and distributed for comments. Technology Office in the White House, and to do so by legislation. The Joint hearings on S. 2495 and the working draft were held by the President decided in favor of a single director with a small staff, rather Commerce and Aeronautical and Space Sciences Committees on than a council. This proposal was introduced in the Senate on June 20, March 11 and March 21, 1974. 1975, as S. 1987, by Senator Moss (for himself and Senator Gold- Subsequent to those hearings, the bill underwent further revisions, water) (by request) and was also referred jointly to the Committees and Amendment No. 1537 to S. 2495 was introduced by Senators Mag- on Aeronautical and Space Sciences, Commerce, and Labor and Pub- nuson, Moss, and Tunney on June 27, 1974. The Commerce and Aero- lic Welfare. The provisions of S. 1987 were subsequently amended and nautical and Space Sciences Committee held a joint hearing on incorporated in Titles II and VI of S. 32. Amendment No. 1537 to S. 2495 on July 11, 1974. Witnesses at the In the meantime, on June 6, 1975, Senator Kennedy presided at an July 11 hearing included four former Presidential Science Advisers: historic White House Science Advisory Conference. At this Confer- Dr. Edward E. David, Jr., Dr. Lee A. DuBridge, Dr. Donald F. ence in the Dirksen Senate Office Building, the Vice President met Horning, and Dr. George B. Kistiakowsky. with Senator Kennedy, as host, and Senators Moss, Tunney, Javits, The Commerce Committee met in Executive Session on July 31, Goldwater, Schweiker, Mathias, Beall, Stafford, Domenici, Laxalt, and 1974 and ordered S. 2495 reported, with an amendment in the nature Garn. This was the first time in modern American history that a Vice 28 29 President of the United States sat down with members of the United S. 32, with an amendment in the nature of a substitute be reported to States Senate, in full public view, to participate in a free, informed, bi- the full Committee on Labor and Public Welfare. On January 28, 1976, partisan discussion of national policy needs. The Conference was not a the Committee on Labor and Public Welfare met in executive session hearing and did not consider specific legislative proposals, but pro- and unanimously voted favorably to report S. 32, with an amendment vided an opportunity for the Vice President and the Senators to dis- in the nature of a substitute, to the Senate. On January 29, 1976, the cuss the national issues involved in the re-establishment of a White Committee on Commerce met in executive session and without objec- House Science Advisory Office. The Conference proved extremely use- tion, voted favorably to report S. 32, with an amendment in the nature ful in the subsequent development of the Senate legislation. of a substitute, to the Senate. The amendment in the nature of a sub- On October 28, November 4, and November 12, 1975, joint hearings stitute to S. 32 adopted by the Committee on Labor and Public Wel- on S. 32 were held before the Special Subcommittee on the National fare, which in turn was identical to the one adopted by the Committee Science Foundation of the Committee on Labor and Public Welfare; on Aeronautical and Space Sciences. the Special Subcommittee on Science, Technology, and Commerce of the Committee on Commerce; and the Committee on Aeronautical and EXPLANATION OF NEED Space Sciences. Senator Kennedy chaired the hearing on October 28th; Senator Tunney, the hearing on November 4th; and Senator Moss, the Science and technology have become central to Western civilization. hearing on November 12th. During the period after the President's Throughout history, science and technology have had occasional, but announcement of May 22, 1976, the House Committee on Science and significant impacts on military capabilities and economic development. Technology held extensive hearings on several science and technology However, only recently have we seen the importance of science and policy bills, culminating in the passage of H.R. 10230 by the House technology in dealing with civilian needs. Our military security de- on November 6, 1975. This bill was also referred jointly to the Com- pends on scientific research and development. Our economic develop- mittee on Aeronautical and Space Sciences, Commerce, and Labor ment and productivity, along with our international competitive posi- and Public Welfare. Provisions of H.R. 10230 were particularly ex- tion, depend on increasing technical innovation to provide new products amined in the aforementioned hearing chaired by Senator Moss on and services which meet changing needs. And the quality of life in our November 12, 1975. society-the adequacy of health care, the preservation of the environ- Testimony was provided by Dr. Philip Handler, President of the ment, the adequacy of educational programs, the provision of food, National Academy of Sciences; Dr. Emanuel R. Piore, Retired Vice housing, transportation and communication services, and the very President and Chief Scientist, IBM Corporation; Dr. Eugene B. sources of energy which make other services possible-all are inter- Skolnikoff, Director of the Center for International Studies and Pro- woven with, and depend in part on, the efficacy of scientific and tech- fessor of Political Science at Massachusetts Institute of Technology; nical progress. Dr. James R. Killian, Jr., author of the National Academy of Sciences Since World War II the principal focus of the Nation's scientific "Report on Science and Technology in Presidential Policymaking"; programs has been on defense, and since Sputnik, on space. In these Dr. Roger Revelle, Chairman of the Board, American Association for activities, the Federal Government has been the major supporter of the Advancement of Science; Dr. Richard Scribner, Head of the Office research and development. The achievements of the Nation's scientists of Special Programs of the American Association for the Advancement and engineers in these areas have been sweeping in scope, and stagger- of Science; Dr. Thomas G. Fox, Science Adviser to the Governor of ing in their impact. The development of an overwhelming arsenal of Pennsylvania; Dr. H. Guyford Stever, Director of the National Sci- nuclear weapons, ballistic missiles, travel to the Moon and probes to ence Foundation and Science Adviser to the President; and Mr. other planets are now commonplace facts to our children. Arthur P. Stern, President of the Institute of Electrical and Elec- The application of science and technology to national security needs tronic Engineers. and space objectives have had some important spin-off effect on the Following the Conference with the Vice President and the hearings civilian area of our economy and society. Computers, the vast expan- before the Senate Committees, the staffs of the three Committees made sion in electronics, and passenger jet aircraft are all derived from proposed revisions to S. 32. In developing these revisions, extensive military and civilian space R. & D. programs. But many areas of the discussions were held with representatives of the scientific and tech- civilian sector have not yet been significantly affected by scientific nical community and with responsible staff members of the Executive research. Textile, shoe, and furniture manufacturing are three ex- Office of the President, the National Science Foundation, and the House amples of civilian industries which are still dependent on traditional Committee on Science and Technology. A final version was prepared methods and which have not reaped the benefits which scientific ad- on January 19, 1976, for the consideration of the Committees. vance can provide. On January 21, 1976, the Committee on Aeronautical and Space Sci- And in the public service sector of the economy, the extent to which ences met in executive session and, without objection, ordered S. 32, modern technology has been applied is even less. Trash in our city with an amendment in the nature of a substitute, favorably reported streets is still ocllected in the same inefficient manner, and still dis- to the Senate. posed of in vast rubbish heaps that mar our countryside and pollute On January 27, 1976, the Special Subcommittee of the National Sci- our air. Transportation in our metropolitan areas becomes more ence Foundation met in executive session and voted unanimously that snarled and inconvenient all the time. And adequate health care for 31 30 Vice President ROCKEFELLER. I would have to say, Senator, all our citizens continues to become more costly, even when it is I think that is the key to it. I think it is the heart, what you available. have gone right to. It is the conceptual approach to the role In the civilian sector of our economy and in public services, the vast of science and technology in our whole society of life, its promise of science and technolgy has not been realized. A principal future, and our role in the world. reason for this is that the Nation has lacked sound national policies I think that is the heart of it. I think it has got to go and priorities for science and technology. further, in a sense. It has to go back-in the report, he has to This has been especially true since 1973 when Reorganization Plan go back and look at what the high schools are doing, the Number 1 abolished the White House Office of Science and Tech- number of students coming into the field, what colleges are nology. Since that time the President has been without the top-level doing, and what has been done by government and by the scientific assistance he needs to deal with the complex technical issues private sector in these fields, SO that, to me, I share completely of our time. that thought that this would be basic. Science for most of our citizens is a mysterious code that can only And this report prepared by Dr. Hans Mark is very much be deciphered by specialists. The policy issues faced by the President in that direction. involve too many complex technological components for him not to These things just do not happen. We have to plan and, as have immediate access to the very best scientific advice our Nation you say, we have to plan ahead of time, if you are going to get has to offer. there. And we are beginning to fall behind in this whole field. No single scientist can provide such advice. But a first-rate science Senator JAVITS. That is most alarming. policy office with a capable staff can rapidly tap the top-flight technical Senator KENNEDY. One of the things that always strikes us talent throughout our society to provide the President with the best in the National Science Foundation Subcommittee is the fact advice possible. This office can also provide a mechanism to anticipate that, as you well know, military R. & D. is not considered future problems and needs, help coordinate the various Federal re- within the scope of the Director of the National Science Foun- search and development activities, and interact with the States con- dation, who has been serving as the President's science adviser. cerning their needs related to science and technology. And I think your comments have been very reassuring in indi- A White House Science Adivser, (a) with effective relationships cating that that military research and development will cer- with the President, within the Executive Office, and with the various tainly be within the scope of the science adviser as you see agencies, (b) will access to the technical community, and (c) with that function. adequate resources to do the job, will assure that the President and the One of the things which many of us have been interested in Nation will be in a much better position to deal with complex issues is the very large amount of research that is being done for de- involving science and technology. fense and space-related programs. CONFERENCE WITH THE VICE PRESIDENT I do think we have seen, in terms of our competitive pro- sition in the world, that many of our friends, allies, and com- The Conference with the Vice President on June 6, 1975, provided petitors in the free world, are devoting a good deal more re- valuable perspective in the development of the legislation. The follow- sources to civilian science and technology, than we are. ing excerpt from that conference provides useful background in under- Vice President ROCKEFELLER. That is right. standing the provisions of the bill as reported by the three Committees Senator KENNEDY. And we, as a country and as a society, (pages 30-31, "Proceedings of the White House Science Advisory ought to recognize that-which I am not sure that we do at the Conference, 1975, Special Subcommittee on the National Science present time-and begin to move the country more in those di- Foundation of the Committee on Labor and Public Welfare, July, rections. 1975) : Vice President ROCKEFELLR. May I just say on that, that again I agree. Senator KENNEDY. If I can carry on a little bit further WITNESSES TESTIMONY based on what Senator Javits was talking about. Mr. Vice President, do you expect in this annual report that one of the All of the witnesses who appeared in the hearings strongly sup- responsibilities of the advisory group would be to indicate ported the re-establishment in the White House of a Science and Tech- what should be the national investment in the areas of science nology Advisory Office. The following excerpts from the testimony and research, whether we ought to establish some goals in help clarify the need for, and intent of, various provisions in the those areas, and perhaps how we ought to be allocating the bill as reported: resources within those goals, SO that we will be looking ahead to the allocations of resources in the area of science and tech- Dr. Philip Handler (President of the National Academy of nology over the period of, say 5 years? Sciences) : Is this something you think should be included or would A congressional statement of policy (for science and tech- be useful in providing both the country and the Congress, nology) could provide a perspective and sense of purpose with some guideposts as we consider this whole area? 32 33 and direction to development of Federal programs and de- tailed policies. It would guide the many individual decisions and well presented documents on the future of various areas that, collectively, determine how wisely and well we are able of science and technology in our society. Congress files them. to realize the potential of science and technology in serving To date I have not observed any hearings in Congress on these the public good. reports. Congress ought to be aware when they vote the authoriza- Dr. Emanuel R. Piore (Retired Vice President and Chief Scientist, tion and the appropriation what are the critical problems in IBM Corporation) science and technology covered in the executive department Another function that should be stressed in a very im- submissions. The other type of report is in its own right very portant manner, is that the group or Science Adviser must important, necessary in that it is vital to understand what the take an active role in assuring the country the health of scien- future holds for us. tific and technical institutions, the Government labs, the uni- Therefore, I see the Council having two very fundamental versities, the nonprofit labs, the scientific and technologic functions. One is to look to the future. The other is to get health of our industry. This is not stressed. And I will return word to Congress what budgetary items mean, as far as its to the health of our laboratories in a moment. impact on our daily life. Congress and its staff are well Second, I think it is important that the legislation state rounded, and thoroughly understanding of all the social whether they have a Council or single person, that "he" will issues and implications of various monetary and legislative be a member of the National Security Council, "he" will be a action. We are trying to get a similar sensitivity in science member of the Domestic Council, and not say "he" will coordi- and technology. That is why I would look to the annual report nate or develop appropriate working relations. It is very to address itself to Congress via the President, really pointing important that a technical person sit when policy is debated, out what that budget means to the health of science, to the understand whether the policy needs technological backing, health of technology, to our foreign policy, and all these whether it is possible to get the technological answer in time other items that science and technology is involved in. to serve the national purpose. There are occasions where action Dr. Eugene B. Skolnikoff (Director of the Center for International is required based on inadequate knowledge. Studies and professor of Political Science at Massachusetts Institute Developing appropriate working relationships will not of Technology) : service the purpose. The Security Council may assign the wrong problem or irrelevant problem to the policy, and the Given the fact that this legislation is designed to provide same is true of the Domestic Council. for the long term, I wonder if there should not be a ref- The Office of Science Adviser to the President was most erence to the possibility of creating once again a standing effective when there was a complete open door to Killian, advisory committee for science and technology. This may be Kistiakowsky, Wiesner to the Security Council. We would more important for an office headed by a single director than for a council of advisers. never have been able to come up with the policy with regard to arms limitation without that open door. And, thus, I would There are several parts to this international role. hope that the language would be changed where it would be One is the integral relation of science and technology to many mandatory for the President to put these people on the Coun- issues of foreign policy, or to domestic policy with interna- cils and not just hope that the adviser will have an open door. tional implications-it is a cliche to assert that it is increas- It becomes a little more difficult to define the relation be- ingly difficult to separate foreign from domestic affairs; but tween the Science and Technology Council and the Bureau of it is also true-a good share of the advisory relationship with Management and Budget. It is the Presidential budget and the President should and hopefully will be concerned with it is not the budget of the Council. And here the annual re- international issues in which science and technology play an port can play a very important role. The drafts of the annual important, sometimes crucial, role. report will be seen by the Bureau of the Budget. Debate can A second aspect of the international role is policy for inter- take place. Disagreements resolved. This also will provide the national cooperation in science and technology, which is in best possible coupling with the other agencies. If they know fact referred to in the House bill. It is an important issue annually that their R. & D. budget will be discussed by the area, but one that to my mind is simply not as significant as Council or the Adviser and coupled directly to the Bureau of are the broader international policy questions. the Budget, there will be no problem of having coordination. Third is an aspect often neglected that I believe should be I had partial coordinating responsibility for research in the an important concern of a White House science office. I refer Navy when I was younger. Once the budget is at stake, coordi- to the fact that a substantial share of Federal R. & D. expendi- nation becomes almost automatic. tures are motivated in large measure by international consid- This is also related to the annual report which should deal erations (defense, space, some of atomic energy and others). with the current situation. I have observed very important And a good share of the remainder will affect our interna- 34 35 tional relations and foreign policy (e.g., energy, agriculture, I share that kind of comment; and I think we have a press- geophysics) when the R. & D. comes to fruition. And, hardest ing opportunity to deal with this aspect of the Government's of all to define, many R. & D. projects are not being done at policies as related to science and technology. all that could affect the world and our policies favorably. Next, the whole domain of national security, and I in- Dr. James R. Killian, Jr. (author of the National Academy of clude in national security arms limitation, can benefit from Sciences "Report on Science and Technology in Presidential Policy- objective scientific advice formulated at the level of the Presi- making") dency and outside of the Department of Defense and the : Department of State. I have suggested the importance of the advisory mecha- I am deeply disturbed by the amount of complacency in nism's being closely related to other agencies in the Executive our country today in regard to the hazards involved in the Office of the President. It would be my judgment that the arms race and in the proliferation of nuclear weapons. Scien- head of this advisory mechanism should be a member of the tists and engineers have an essential role to play in the formu- Domestic Council and he should be, if not a member of the lation of policies with respect to the control of nuclear weap- National Security Council, closely related to its work. ons. I find deeply disturbing recent suggestions that we might I found in a number of experiences when I was Science find it desirable to use nuclear tactical weapons and that Adviser to the President, being present at a meeting of the a nuclear exchange could in any way be handled in an ac- National Security Council enabled me at that time to point ceptable way. out to the President certain policy questions that were under More stress, particularly in dealing with a relationship consideration where there was a component involving science with the National Security Council, would be useful because and technology that would not be normally recognized. I I think if I were to have a general criticism of the House found that to be, and I think the President found that to be bill, it would be that it is somewhat bland with respect to a important way in which the Science Adviser could operate. the relationship of the proposed science adviser and his The advisory mechanism, working with the National Secu- associates with the Domestic Council and with the National rity Council and the Department of State, should also be able Security Council. to contribute to those areas of foreign policy strongly affected And I think it is particularly important that the bill make by scientific and technological considerations. And finally, clear that Congress expects a working relationship between the advisory mechanism should cooperate closely with the those agencies as well as the OMB, or else this advisory Office of Management and Budget on significant budget and mechanism can become isolated and is futile. management issues involving science and technology. So that is a very important point. I do also feel that there should be an annual report We have had periods recently where I think this relation- of a very special kind prepared by the mechanism created in ship with the National Security Council has become inopera- the White House. I know that it is difficult to contemplate any tive and ineffective in terms of the science advisory arrange- kind of comprehensive report on the state of science in the ment that then existed. country. That is not what I am talking about. And that is not what the NAS Committee recommended. Dr. Roger Revelle (Chairman of the Board, American Association Rather, it was urging that there be an opportunity for for the Advancement of Science) this Science Adviser in the White House annually to submit In the "Statement of Findings and Declaration of Policy," to the President or to the Congress a statement of what he of S. 32, Federal funding for science and technology is re- thinks are some of the acute and current problems that they ferred to as an investment in the future which must be a should be aware of and to give attention to. And what are "continuing investment" because it is "indispensable to some of the budgetary problems that we face and problems sustained national progress." of technology assessment. The same idea is expressed differently in that "the man- I think, for example, of the importance of a reordering power pool of scientists and engineers constitutes an invalu- of priorities which will enable our Government to generate able national resource which should be utilized to the maxi- and encourage new technologies which can contribute to the mum extent possible at all times." strength of our economy. Prof. Robert Gilpin of Princeton, This view of Federal funding for science and technology an economist, in his report for the use of the Joint Economic as an investment instead of simply a component of current Committee of the Congress, has presented an eloquent argu- operating expenditures recognizes both the necessity of main- ment for rejuvenating our technological vitality through taining as much stability as possible in our national research thoughtful changes in the Nation's priorities in research and effort and the hard truth that the benefits of research, though development funding. He has argued persuasively that prior- very great, will almost never be short-term ones. ities have been "too much set by the cold war and a drive for national prestige." 36 37 I do not want to imply that the budget for research and international matters, because all these areas are permeated development should be sacred and unchanged from year to today by science and technology considerations-or they year. should be, if they are not-and science and technology are Much short-term development work can be postponed or either there in the foreground, or certainly should be there put on the shelf when warranted by economic conditions. But in the background, of almost any important policy decision. long-term research and education which produce the intel- Next, in comparing S. 32 with H.R. 10230, we found lectual capital for the future are investments that should be numerous diferences. One of them was particularly striking. protected and sustained. S. 32 mentions that "the pool of scientists and engineers is The difficulty could be resolved if the Council of Ad- an invaluable national resource." It goes on at another visers or the Office of Science and Technology had respon- point to state that "scientists and engineers must have sibility for recommending a long-term-say 5 years-invest- continuing opportunities for socially useful employment in ment program for science and technology, subject to the positions commensurate with their professional and technical year-to-year fluctuations imposed by economic exigencies as capabilities." reflected in the budget prepared by the Office of Management H.R. 10230 does not do any of this. Not only it doesn't do and Budget. that, but a reference which was in the original text of H.R. The preparation of an investment program for science and 8058 and which was directed toward insuring the "full utiliza- technology would give genuine substance to the planning tion of the technical manpower" of this country was stricken function envisioned in both H.R. 10230 and S. 32. from the final text. A statement in the bill passed by Congress emphasiz- We feel that it is inconceivable to make a major step toward ing that the scope of the Science Adviser's responsibilities recognizing science and technology and its central role in this should include the scientific and technological aspects of country without looking out for the practitioners of science policies for national security and international relations and and technology. It is vital for this country, SO that we main- oversight of programs supporting these policies could be tain the leadership of which I talked before, that we attract useful. the brightest, that we teach them well, that we give them Dr. Thomas G. Fox (Science Adviser to the Governor of appropriate rewards, and that we insure that they age in Pennsylvania) : dignity. It is also important, in order to be able to do a good job I think the key factor is that these bills provide at the in this area, that we establish an adequate data base to know Federal level the kind of input from State and local govern- where we stand and where we go with our scientific and en- ment we need. I refer to provisions like the one in S. 32 to gineering manpower. provide an Intergovernmental Policy Council and to provide If the Science Adviser has no substantial influence on to the States some financial support from the Federal level to the budget process, then he becomes the decoration that I implement this program. If such provisions would be in- referred to before. stituted, we indeed could move ahead very far and rapidly The general intent of the Federal Government in science in establishing intergovernmental partnerships in managing and technology is well and nice, but what really matters is the use of technology that are absolutely required. what is getting done, and that which is being done is ex- There are many States that are deeply into this with pressed in one way only-besides speeches-and that is money 10 years of positive experience. And there are a number of that is being spent. States that have studied what to do. For example, here is an So I think the answer to that question must be strongly excellent study by Puerto Rico on what they need to do, one affirmative. The Science Adviser must have a role in budget by the State of California and one by Hawaii. I would say preparation or else he will not be effective. there are at least 20 or 30 States that have had good experience or have comprehensive and sophisticated studies of this ques- AGENCY COMMENTS tion. I think we should move ahead and not wait. Comments on S. 32, S. 1987, or H.R. 10230 were requested by the Mr. Arthur P. Stern (President of the Institute of Electrical and Committee on Labor and Public Welfare, the Committee on Commerce, Electronic Engineers) : or the Committee on Aeronautical and Space Sciences from a number while it would be wrong to force on the President any- of agencies, including: Department of Health, Education, and Wel- thing that he does not readily accept, it seems to me difficult fare; National Science Foundation, National Aeronautics and Space to imagine that a science and technology policy adviser could Administration; Energy Research and Development Administration; be effective unless he sits on the Domestic Council and on the Environmental Protection Agency; Council of Economic Advisers; National Security Council, and unless he has a great say in Council on Environmental Quality; Office of Management and 38 39 Budget; and General Accounting Office. The following comments were such grants now, perhaps on a demonstration basis, if it considered received in response to those requests: such grants to be a prudent use of their funds. I would assume that their failure to do SO implies that they believe that alternative uses THE CHAIRMAN OF THE of their funds will enable the scientific and technical community to COUNCIL OF ECONOMIC ADVISERS, make a more significant contribution to the public interest. Washington, March 11, 1975. In summary I do not believe that S. 32 would be an efficient method Hon. HARRISON A. WILLIAMS, Jr., of enhancing the Federal Government's ability to utilize the resources U.S. Senate, of the scientific and technical community to solve economic and social Committee on Labor and Public Welfare, problems. The Office of Management and Budget has advised me that Washington, D.C. this report is consistent with the President's program. DEAR SENATOR WILLIAMS: This is in response to your request for the Sincerely, views of the Council of Economic Advisers on S. 32, the proposed ALAN GREENSPAN. "National Policy and Priorities for Science and Technology Act of 1975." COMPTROLLER GENERAL OF THE UNITED STATES. It is important that science and technology make as free a contribu- Washington, D.C., May 5, 1975. tion to public policy formulation as possible. Many important and B-58911 serious problems cannot be solved efficiently without an adequate under- Hon. HARRISON A. WILLIAMS, Jr., standing of the scientific and technological parameters that they entail. Chairman, Committee on Labor and Public Welfare, The proposed bill, however, would attempt to facilitate the contribu- U.S. Senate tion of the scientific community to the public policy-making process DEAR MR. CHAIRMAN: Reference is made to your communication of in an inefficient and contradictory manner. January 24, 1975, requesting our comments on S. 32, 94th Congress. The Council of Advisers on Science and Technology is assigned the The would establish a framework for the formulation of national task of providing confidential policy advice to the President on public policy and priorities for science and technology and, if enacted, would policy issues that involve scientific and technological considerations. be cited as the "National Policy and Priorities for Science and Tech- Yet, simultaneously, the Act directs this same Council, after consult- nology Act of 1975." ing with the Council of Economic Advisers about the "state of the This measure would change the existing Federal science policy ap- economy," to publicly recommend to both the President and the Con- paratus. It creates a framework and technology which are very similar gress priorities and funding levels to guide Federal expenditures for to that of the former Office of Science and Technology. It would create scientific and technological research and development-independently a Council of Advisors on Science and Technology in the Executive of the normal process of formulating the President's budget. Then in Office who would advise the President on major policy, plans, and pro- each of those instances that the President's Budget differs from its grams of science and technology of the Federal Government. As part own recommendation the Council is directed to append to its annual of this framework, it also creates a Federal Coordinating Committee Science and Technology Report the justification for its own recom- for Science and Technology with various responsibilities related to mendation along with the President's reason for rejecting them. Al- problems and developments in the fields of science and technology though I am puzzled about the reasons for proposing this procedure, and related activities affecting more than one Federal agency. I am quite certain it would not result in a greater contribution by the Under the present the Director, National Science Foundation, acts scientific community to the public policy process. At best, either the as both Director of the Foundation and as the President's Science Ad- proposed Council's role as the President's scientific counselor or the visor. The Director also chairs the Federal Council on Science and Council's role as the President's public critic would be served poorly. Technology which would be abolished by the bill. The bill would also assign to the Council many functions that are A proposal to change the national science advisory mechanism is a new performed by the Office of Management and Budget. These func- national issue with great impact. The Comptroller General previously tions are part of a comprehensive budgeting process. The existence of discussed the Federal Organization for Science and Technology in- an independent Council within the Executive Office of the President cluding some of the changes that are proposed in S. 32 in his testimony might enable a President to evaluate how well OMB was performing before the House Committee on Science and Astronautics on July 9, these functions but, they would have to continue to be performed 1974. A copy of this testimony is enclosed. within OMB even if S. 32 were to be enacted. Thus these provisions of Many of the policy statements included in section 2, and the specific the bill would create an unnecessary, and perhaps even counter-produc- purpose of the act, stated in item (c) on page 4, indicate a strong tive, duplication of effort. emphasis on the application of science and technology to the further- The bill also would direct the Director of the National Science ance of national goals. However, titles I, II, and III deal primarily Foundation to give two-year starter grants to each state that wished to with the Presidential advisory function, planning, strategy and pri- organize an "Office of State Science and Technology." Neither the orities for Federal investments in science and technology, and Fed- necessity nor rationale for such grants are apparent. NSF could make eral oversight and coordination. Title IV provides for a limited co- 40 41 ordinating network with the "standard regions" representing State the Energy Research and Development Administration. Licensing and and local government interests and needs. related regulatory responsibilities were transferred to an independent Although the Federal Government sponsors the major portion of commission-the Nuclear Regulatory Commission. Since the pre- the public investment in research and development, the ultimate ap- scribed membership includes a representative of the Energy Research plication and utilization of science and technology for civilian needs and Development Administration, the Committee may wish to con- requires implementation by States and local governments, with help sider deleting the Atomic Energy Commission as a member and sub- from the private sector. This involves a very complex process to over- stituting the Nuclear Regulatory Commission. come the barriers and provide the necessary incentives for techno- Section 301, title III would amend section 3(d) of the National logical innovation. The bill does not appear to be fully developed Science Foundation Act of 1950 to read "The foundation shall recom- with respect to establishing improved mechanisms for delivery of mend and encourage the pursuit of national policies designed to foster technology into the public and private domain. Its primary emphasis research and education in science and engineering, and the application is concerned with the generation of technological options resulting of scientific and technical knowledge to the solution of national prob- from research. lems." (Underscoring supplied.) We suggest, therefore, that the intergovernmental advisory pro- Section 3(d) now reads "The Board and the Director shall recom- gram proposed in title IV be examined in the light of experience mend and encourage the pursuit of national policies for the pro- gained from various civil agency programs, including the R&D As- motion of basic research and education in the sciences." (Italic sup- sessment Program and the Intergovernmental Science Program spon- plied.) The proposed amendment would therefore substitute "re- sored by the National Science Foundation through the last several search" for "basic research." years. In these programs a number of studies, experiments and demon- As stated in section 3 (a) (1) of the National Science Foundation stration efforts have been performed to identify institutional relation- Act of 1950, as amended, one of the primary functions of the Founda- ships between and among Federal, State, and local governments, and tion is to 66* * * initiate and support basic scientific research and pro- the private sector, and to catalyze efforts to stimulate technology in- grams to strengthen scientific research potential and science education novation and the transfer and utilization of technology. programs at all levels in the mathematical, physical, medical, biologi- In title I, section 102(a) the Council is directed to perform an cal, engineering, social, and other sciences, * *." Section 3(c) pro- annual appraisal of progress in science and technology in relation to vides the Foundation with authority to initiate and support applied national needs, taking into account the state of the economy through research. consultation with the Council of Economic Advisors, and to determine Over the years the scientific community and the Congress have ex- the desired level of Federal investment in science and technology for pressed concern that the Foundation would lessen its emphasis on the next succeeding fiscal year. We believe that in performing this basic research by providing increased support for applied research. appraisal and determining the desired level of Federal investment The Foundation recently stated that of its proposed fiscal year 1976 other factors besides the economy should also be considered. We there- budget dealing directly with research, about 83 percent is earmarked fore suggest that the wording of this section be revised to include for basic research. The remaining 17 percent of the research budget consultation with the National Security Council, the Domestic Coun- is aimed at applied research areas focusing primarily on major na- cil and the Council on Environmental Quality. tional problems. As a step toward identifying means for strengthening the delivery The Committee may wish to revise the wording of the proposed mechanisms for the application and utilization of science and tech- amendment of section 3(d) to identify the emphasis the Foundation nology we suggest that consideration be given to expanding the scope should place on basic research and applied research. of the study described in title I, section 107 for assignment to the Section 304 (d) (2), title III provides that the National Science National Academy of Sciences. In addition to examining Federal or- Foundation shall allocate fellowships under this subsection in such ganization for science and technology, the study might include an manner, insofar as practicable, as will- examination of the institutional relationships between the Federal, (A) attract highly qualified applicants; and State and local governments, and other factors that affect the innova- now is the time for all good men to come to the aid of their country tive process, especially with respect to the improvement of public (B) provide an equitable distribution of such fellowships services. throughout the United States. Section 201 (b), title II, provides for the membership of the Federal The Committee may wish to include a provision that the Foundation Coordinating Committee for Science and Technology. Included in should also consider the scientific manpower needs in awarding con- the prescribed membership is a representative of the Atomic Energy tinuing education fellowships to assure that the most needed types of Commission and the Energy Research and Development Adminis- scientific manpower receive financial aid in updating their skills. tration. The Atomic Energy Commission was abolished by section Sections 105 (3), title I, and 403 (a), title IV, contain authority for 104(a), title I. of the Energy Reorganization Act of 1974, Pub. L. No. the Chairman of the Council and the Charman of the Intergovern- 93-438 approved October 11, 1974. The Act split the responsibilities mental Science and Technology Advisory Committee to appoint and of the former Atomic Energy Commission. Responsibilities relating fix the compensation of certain personnel without regard to the pro- to the research and development of nuclear energy were transferred to visions of title 5, United States Code. We are not aware of the need 42 43 to exempt such personnel from these provisions. Generally, it should rangements, entered into under other than by formal advertising, and be possible to obtain qualified personnel within the structure of the which are otherwise authorized by this Act, shall keep such records as General Schedule. the Council or the Foundation shall prescribe, including records which Section (a) authorizes grants of up to $100,000 to any State to fully disclose the amount and disposition by such recipient of the pro- pay a part of the cost of establishing an Office of State Science and ceeds of such assistance, the total cost of the project or undertaking in Technology. Further, Section 404 (b) (2) provides that a State re- connection with which such assistance is given or used, the amount of ceiving such grant funds will, after two years, assume the cost of that portion of the cost of the project or undertaking supplied by other operating such an organization. This methodology for encouraging sources, and such ther records as will facilitate as effective audit. the establishment and maintenance of a program or organization is "(b) The Council and the Foundation and the Comptroller General quite common, often referred to as "seed-money" grants. However, it of the United States, or any of their duly authorized representatives, is also common practice when using this method of financing to re- shall, until the expiration of three years after completion of the project quire the recipient not only to assume the cost of a previously sup- or undertaking referred to in subsection (a) of this section, have access ported activity, but also to maintain a reasonably consistent level of for the purpose of audit and examination to any books, documents, effort. The maintenance of effort requirement is not contained in the papers and records of such recipients which in the opinion of the subject bill, nor does the bill stipulate how large a "part of the cost" Council or the Foundation or the Comptroller General may be related the grant may constitute. or pertinent to the grants, contracts, subcontracts, subgrants, loans To illustrate the effect of these provisions, the following example is or other arrangements referred to in subsection (a) offered. A State could establish an organization costing $200,000 an- Enclosed are several suggested editorial changes to the bill. nually-$100,000 provided by National Science Foundation and $100,- Sincerely yours, 000 provided by the State. After two years, Federal assistance would ELMER B. STAATS, end and the State, required to assume the cost of operating the orga- Comptroller General nization, could decide to fund it at a level of $100,000. Thus, the State of the United States. Enclosures. would be complying with the bill, but would also be reducing consider- ably the total level of effort. There is nothing inherently wrong with SUGGESTED TECHNICAL AND EDITORIAL CHANGES TO S. 32 permitting such consequences to occur, but the issue is whether the Congress desires to proceed in this fashion. (1) Page 1, line 6, sec. 2(2) should be sec. (a). Further, the bill contains no penalties or other sanctions to be ap- (2) Page 4, line 23, and page 15, the title of the Committee should plied in the event a State fails to assume the cost of an organization as be consistent in the bill (page 4 has "Interagency" in the title, page 15 required by section (b) (2). does not). We note that the bill does not specifically provide for an evaluation (3) Page 15, line 18, Agency in Energy Research and Development of the program. It is our view that program evaluation is a funda- Agency should be Administration. mental part of effective program administration and that the respon- (4) Page 18, line 7, foundation should be Foundation. sibility for evaluations should rest initially upon the responsible (5) Page 22, line 24 Cities/United States should be Cities, United agency. In line with this concept, we believe the Congress should at- States. tempt to specify the kinds of information and tests which will enable it to better assess how well programs are working and whether alterna- ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION, tive approaches may offer greater promise. We will be happy to work Washington, D.C. September 4, 1975. with the Committee in developing specific language if you wish. Hon. WARREN G. MAGNUSON, Also, the bill does not provide for access by the General Accounting Chairman, Committee on Commerce, Office to the records of recipients of assistance thereunder for purposes U.S. Senate, Washington, D.C. of audit and examination. While section 202 of the Intergovernmental DEAR MR. CHAIRMAN: This is in response to your letter of July 1, Cooperation Act of 1968, Pub. L. No. 90-577, October 16, 1968, 82 Stat. 1975, requesting the comments of the Energy Research and Develop- 1101, 42 U.S.C. § 4212, would provide such authority with regard to ment Administration on S. 1987, the "Presidential Science and Tech- the grants to States authorized by section 404 of the bill, it would not nology Advisory Organization Act of 1975." This bill would establish apply to the contracts or arrangements which sections 101 (c) and 107 in the Executive Office of the President the Office of Science and Tech- authorize the Council of Advisers on Science and Technology to enter nology Policy for the purpose of providing advice and assistance to the into, or to the grants or contracts which section 304 authorizes the President with respect to scientific and technological considerations National Science Foundation to make or enter into. We recommend affecting national policies and programs. that such a provision be added to the bill. This could be accomplished by adding a new section 503 to the bill as follows: The Energy Research and Development Administration strongly supports enactment of S. 1987. Since 1973 the functions of a Presi- "SEC. (a) Each recipient of Federal assistance under this Act, pur- dential Science Adviser have been placed under the Director of the suant to grants, subgrants, contracts, subcontracts, loans or other ar- 44 45 National Science Foundation. The Energy Research and Development the other Federal agencies, which possess great scientific and techno- Administration endorses the concept of a science and technology pres- logical resources. ence which responds to and serves the President's needs. S. 1987 The Foundation urges the prompt consideration of S. 1987 by the strengthens this concept by making the position of Science Adviser Congress and its swift enactment. a full-time undertaking. The Office of Management and Budget has advised us that there is The Office of Management and Budget has advised us that there is no objection to the submission of this report, and that enactment of no objection to the presentation of this report, and enactment of S. 1987 would be in accord with the program of the President. S. 1987 would be in accordance with the program of the President. Sincerely yours, Sincerely, H. GUYFORD STEVER, R. TENNEY JOHNSON, Director. General Counsel. NATIONAL SCIENCE FOUNDATION, NATIONAL SCIENCE FOUNDATION, Washington, D.C., November 25, 1975. OFFICE OF THE DIRECTOR, Hon. FRANK E. Moss, Washington, D.C., August 28, 1975. Hon. WARREN G. MAGNUSON, Chairman, Committee on Aeronautical and Space Sciences, Chairman, Committee on Commerce, U.S. Senate, U.S. Senate, Washington, D.C. ashington, D.C. DEAR MR. CHAIRMAN : Thank you for the opportunity extended to me at the hearing to comment or suggest any improvements that should DEAR MR. CHAIRMAN: This is in response to your letter of July 1, be made in H.R. 10230, the Science and Technology Policy Act re- 1975, requesting the comments of the National Science Foundation on S. 1987, the "Presidential Science and Technology Advisory Organi- cently passed by the House of Representatives. The bill has been re- zation Act of 1975." viewed very carefully within the Administration. While we could The Foundation strongly supports enactment of S. 1987. As you conceivably suggest a few minor perfecting changes in the bill, I do know, the proposed legislation is the result of a decision by President not believe any changes are sufficiently important to warrant a delay in the passage of the bill. Ford to establish a new Office of Science and Technology Policy in the As the President has indicated, H.R. 10230 is acceptable to the Ad- Executive Office of the President in order to continue and strengthen ministration and we recommend its passage by the Senate at the earli- the role of science and technology in his Administration. In his letters of June 9, 1975 to the Speaker and the Vice President transmitting est practicable date. the proposed legislation, the President noted the vital contribution of Sincerely yours, H. GUYFORD STEVER, science and technology to the continued progress of the nation. He ex- Science Adviser. pressed his intent that the Director of the new Office provide advice Cost ESTIMATES to him and his top assistants in policy areas where scientific or tech- nological considerations were involved. The President also expressed In accordance with section 252 of the Legislative Reorganiza- his intent to appoint the Director as his Science and Technology Ad- tion Act of 1970, the Committees estimate that costs which would viser and as the Chairman of the Federal Council on Science and be received in carrying out this bill for fiscal year 1976, the period Technology. from July 1, 1976 through September 30, 1976, and fiscal year 1977, I fully agree with the President's actions in this matter. I believe that would be as follows: these decisions, as expressed in the President's letter on June 9, 1975, and as reflected in the provisions of S. 1987, will bring science and Fiscal year 1976 Title II $1,000,000 technology into a colser and more effective relationship to Federal Title III 1,000,000 policy matters and the operation of Federal programs. Critical to Title V 2,000,000 such a process is provision for advice and counsel to the President and Total 4,000,000 top level staff on the scientific and technological aspects of policy ques- tions. I have consistently supported the concept of a science and tech- July 1-September 30, 1976: nology presence which responds to and serves the President's needs. Title II 250,000 S. 1987 will do this by establishing within the Executive Office of the Title III 250,000 Title V 1,000,000 President a new Office at a level commensurate with the important functions assigned to the Director as the President's chief policy ad- Total 1,500,000 viser with respect to scientific and technological matters (Sections 3 and 4 of the bill). The Office established by the bill will create a com- Fiscal year 1977 Title II pact but highly competent professional taff within the White House 3,000,000 Title III 1,000,000 (Section 5) with authority provided by Section 6 and 7 to tap not only Title V 8,000,000 outside expert consultant and other services, but also the capability of Total 12,000,000 46 47 TABULATION OF VOTES CAST IN COMMITTEE [SEC. 3. Transfer and performance of functions. (a) There are hereby transferred from the National Science Foundation to the Pursuant to section 133 (b) of the Legislative Reorganization Act Director: of 1946, as amended, the following is the tabulation of votes on S. 32 in the three committees: [(1) So much of the functions conferred upon the Foundation by the provisions of section 3 (a) (1) of the National Science Founda- The Committee on Aeronautical and Space Sciences, without objec- tion, ordered the bill, as amended, reported favorably. tion Act of 1950 (42 U.S.C. 1862 (a) (1)) as will enable the Director to advise and assist the President in achieving coordinated Federal The Committee on Commerce, without objection, ordered the bill, as amended, reported favorably. policies for the promotion of basic research and education in the sciences. The Committee on Labor and Public Welfare unanimously ordered [(2) The functions conferred upon the Foundation by that part the bill, as amended, reported favorably. of section 3 (a) (6) of the National Science Foundation Act of 1950 CHANGES IN EXISTING LAW (42 U.S.C. 1862 (a) (6)) which reads as follows: "to evaluate scientific research programs undertaken by agencies of the Federal Govern- ment." In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, as [(b) In carrying out the functions transferred by the provisions of section 3 (a) of this reorganization plan, the Director shall assist reported, are shown as follows (existing law proposed to be omitted the President as the may request with respect to the coordination of is enclosed in black brackets, new matter is printed in italic, existing Federal scientific and technological functions and agencies. law in which no change is proposed is shown in roman) : [(c) The Director may from time to time make such provisions REORGANIZATION PLAN No. 2 OF 1962 as he deems appropriate authorizing the performance of any of his functions by any other officer, or by any employee or agency, of the Office. Prepared by the President and transmitted to the Senate and the [SEc. 4. Personnel. The Director may appoint employees necessary House of Representatives in Congress assembled, March 29, 1962, for the work of the Office under the classified civil service and fix pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. their compensation in accordance with the classification laws.] 203, as amended. * * * * * * * CERTAIN SCIENCE AGENCIES AND FUNCTIONS PART I-OFFICE OF SCIENCE AND TECHNOLOGY SECTION 2 OF REORGANIZATION PLAN No. 1 OF 1973 SECTION 1. Office of Science and Technology. There is hereby [SEC. 2. Transfer of functions to the Director, National Science established in the Executive Office of the President the Office of Foundation.-There are hereby transferred to the Director of the Science and Technology, hereafter in this Part referred to as the National Science Foundation all functions vested by law in the Office Office. of Science and Technology or the Director or Deputy Director of the [SEC. 2. Director and deputy. (a) There shall be at the head of the Office of Science and Technology.] Office the Director of the Office of Science and Technology, hereafter in this Part referred to as the Director. The Director shall be ap- pointed by the President by and with the advice and consent of the Senate and shall receive compensation at the rate of $22,500 per annum. [(b) There shall be in the Office a Deputy Director of the Office of Science and Technology, who shall be appointed by the President by and with the advice and consent of the Senate and receive com- pensation at the rate of $20,500 per annum. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or in the event of vacancy in the office of Director. [(c) No person shall while holding office as Director or Deputy Director engage in any other business, vocation, or employment. 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 1st Session No. 94-595 NATIONAL SCIENCE AND TECHNOLOGY POLICY AND ORGANIZATION ACT OF 1975 OCTOBER 29, 1975.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. TEAGUE, from the Committee on Science and Technology, submitted the following REPORT together with ADDITIONAL VIEWS [To accompany H.R. 10230] The Committee on Science and Technology, to whom was referred the bill (H.R. 10230) to establish a science and technology policy for the United States, to provide for scientific and technological advice and assistance to the President, to provide a comprehensive survey of way and means for improving the Federal effort in scientific research and information handling, and in the use thereof, to amend the Na- tional Science Foundation Act of 1950, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to establish a science and technology policy for the United States, to provide for scientific and technological advise and assistance to the President, and to provide a comprehensive survey of ways and means for improving scientific research and infor- mation handling, and the uses thereof. 57-006 O EXPLANATION OF THE BILL CONTENTS TITLE I Page Explanation of the bill 3 Sets forth a National Science and Technology Policy which History of the legislation 4 includes: A. Background-the 1960's and 1970's 4 10 (1) Findings by the Congress of a number of cause-and-effect B. Evolution of H.R. 10230 Summary of the testimony 11 relationships engendered by, and certain fundamental needs for, Rationale for the bill 18 Science and Technology. Sectional analysis of the bill 26 (2) A Declaration of Policy which includes: (a) basic principles A. Provisions in brief 26 29 to be followed in the utilization of Science and Technology; (b) B. Explanatory notes Committee actions 38 methods of implementing the declared policy and (c) procedures Committee views 39 which can be expected to enhance the implementation. Estimate and comparison by the Congressional Budget Office 41 Oversight activities 41 TITLE II Oversight findings and recommendations by the Committee on Government Operations 41 Effect of legislation on inflation 41 Establishes Office of Science & Technology Policy in the Executive Federal Advisory Committee Act 41 Office of the President. Cost and budget data 42 (1) Provides for a Director, to be appointed by the President Committee recommendations 42 42 with Senate confirmation, who also serves as the President's per- Administration views Changes in existing law made by the bill as reported 43 sonal science adviser. Additional views of the Honorable George E. Brown, Jr 47 (2) Provides up to four Assistant Directors to be determined at (2) the President's option. (3) Sets forth eleven specific functions of the Director as head of the Office. (4) Incorporates a reorganization feature to permit the Presi- dent, or his successor, to reorganize the Office-with Congres- sional approval and within certain time limits. TITLE III Establishes a Federal Science and Technology Survey Committee, with a lifetime of 24 months, within the Executive Office of the President: (1) The Committee consists of from 5 to 12 exceptionally quali- fied members, appointed by the President, and is chaired by the Director of the Office of Science and Technology Policy. (2) The function of the Committee is to "survey, examine and analyze the overall context of the Federal science and technology effort, including missions, goals, personnel, funding, organization, facilities and activities in general." Eleven areas of investigation are set forth, although these are not exclusive. (3) The Committee submits its final report, including find- ings, conclusions and recommendations, to the President-who then has 60 days to review the report and transmit it to Congress with such recommendations for action as he believes to be warranted. (3) 4 5 TITLE IV tionale for the development of a national science policy and specific recommendations for carrying out such a policy. Consistency of sup- Miscellaneous provisions, which include: port was a key theme. (1) Authorization of funds. In March 1972, the President sent Congress a special message urg- (2) Conforming amendments. ing renewed emphasis on science and technology, with particular at- tention to applications. The message indicated that something over HISTORY OF THE LEGISLATION $700 million in new money was being requested for civilian R&D programs. Only two programs totalling about $40 million subsequently A. BACKGROUND-THE 1960's AND 1970's came into being; these were the so-called Technology Innovation Pro- The past decade has been one of unusual importance for the Fed- grams of the National Science Foundation and the National Bureau of Standards, designed to accelerate new technology into industrial eral role in science and technology. It is also one of considerable and consumer use. Such programs, initially slowed by impoundment fluctuation in Federal support and, while strongly influenced by space action of OMB, have never become substantial. and security needs, has included marked advances in virtually all R&D areas. 1973 This period saw the formation of a number of congressional com- mittees designed to deal with the scientific upsurge. Among these A major shake-up in the Federal science establishment occurred in was the Science, Research and Development (SRD) Subcommittee of January 1973 with the announcement of the President's Reorganiza- this committee, established in 1963. Others included the House tion Plan No. 1, to become effective July 1. Under that plan the Office Select Committee on Government Research [known as the Elliott of Science and Technology was abolished and many of its functions Committee], the House Subcommittee on Research and Technical transferred to the Director of the National Science Foundation. At the Programs of the Government Operations Committee, the Senate Gov- same time, the President did away with the Office of the President's ernment Operations Study of Executive Reorganization for Science, Science Adviser as a separate top-level entity and the President's the Senate Subcommittee on Government Research (the latter two Science Advisory Committee; the remnant functions of these offices under the Government Operations Committee), and the Senate Small (national security excepted) also were lodged with the NSF director, Business Subcommittee on Science and Technology. who subsequently was named the President's "science adviser" by During the same period significant developments, both programatic letter dated July 1, 1973. Another coordinating institution, the Federal and organizational, were taking place within the Executive Office of Council for Science and Technology, was retained but with the Direc- the President and throughout the various departments and agencies. tor of the Foundation designated as its chairman. NSF itself has been One of the most important of these was the establishment of the Office providing the funding and personnel to handle these added tasks. of Science and Technology within the Executive Office-initiated in The Reorganization Plan was reviewed briefly by the Government 1962 but not fully operative until several years thereafter. OST was Operations Committees of both houses. No other action was taken, set up to assist the President in coordinating and evaluating science which was tantamount to congressional approval of the plan. activities across the broad spectrum of the government. Meanwhile, during the late '60s and the early 70s virtually all the During the mid-1960's Federal support for R&D reached a relative special congressional committees involved with science and technology peak of about $16 billion, a little more than 121/2 percent of the total disappeared. While several new ones have emerged, they are primarily Federal budget outlay. (In 1950 total Federal R&D support was $1.1 concerned with specific missions such as enhancement of the environ- billion, or 2.5 percent of the Federal budget.) By 1967, however, na- ment, energy or commerce. Hence, the Science and Technology Com- tional attention was focusing elsewhere; dissension existed throughout mittee, in addition to being charged specifically with oversight of the the country for a variety of reasons; some were saying an anti- National Science Foundation (which, together with its director, is technology trend had set in. Whatever the cause, the Federal effort, in now the repository of the major science advisory functions in the support of science and technology began to drop, at least relatively, executive branch), is the only congressional committee with broad and has been dropping ever since. The nearly $16 billion obligations authority over science and technology per se. for R&D in 1965 has increased to $20.7 billion in 1975, expenditures In light of the foregoing, the Committee undertook the first part of from $15 billion to about $20 billion. But this is a loss in relative an extensive review of Federal planning, policy and organization for effort from 12.6 percent of the Federal budget to 6.5 percent in ex- Science and Technology through status and posture hearings. These penditures, and from about 2 percent of the G.N.P. to about 1.1 per- described the basic Federal science and technology format and the cent. That trend has been consistent since 1965 and represents a fall- objectives and modes of operation contemplated by the Executive. off of effort in absolute as well as relative terms when inflation is The hearings were held in July, 1973, and included most officials taken into account. who had succeeded to the stewardship of the overall Federal science This shifting situation caused the SRD, Subcommittee to hold a effort. Witnesses were as follows: series of hearings on national science policy in 1970. Subsequently, a Dr. H. Guyford Stever, science adviser to the President and report was issued in October of that year which contained both a ra- Director, National Science Foundation; accompanied by Dr. Russell 6 7 C. Drew, Director, Office of Science and Technology Policy, Dr. Lloyd Cooke, Chairman, Planning-Policy Committee, National Science Following the completion and issuance of the Committee's Interim Board, and director of urban affairs, Union Carbide Corp., New York; Report on Federal Policy, Plans and Organization for Science and Dr. Raymond L. Bisplinghoff, Deputy Director of National Science Technology (House Rept. 93-1184) which identified a broad range of Foundation and Dr. Paul F. Donovan, Head of the National Science issues which needed further probing, the Committee undertook its Foundation Energy Task Force. second series of hearings. These were held throughout June and July Dr. William O. Baker, president, Bell Telephone Laboratories, and of 1974 and were devoted almost exclusively to the views of non- ad hoc adviser to the Administration on technological matters. government authorities in the field of science policy and its interface Dr. John C. Sawhill, at that time Associate Director for Natural with and between government, the academic world, industry and Resources, Energy and Science, Office of Management and Budget. foreign affairs. Dr. Edward E. David, executive vice president, research and devel- Twenty-six witnesses appeared before the Committee, including all opment President. and planning, Gould, Inc., former Science Adviser to the 6 of the former Presidential Science Advisers. In addition, the Com- mittee received a variety of related papers and commentaries on the Mr. William D. Carey, vice president, Arthur D. Little, Inc., for- subject, plus a special comparative study requested of the National merely chief of Science and Technology for the Bureau of the Budget. Science Foundation on science advisory approaches used among other Hon. George P. Shultz, then Secretary of the Treasury and special scientifically advanced nations. assistant to the President on economic and domestic affairs (written Witnesses who appeared at this set of hearings were: response to questions only). Senator Edward M. Kennedy, Chairman, Technology Assessment 1974 Board; chairman, Subcommittee on National Science Foundation; Senate Committee on Labor and Public Welfare. Following the hearings and subsequent to review of them by the Dr. Robert C. Seamans, Jr., president, National Academy of Engi- staff, the Committee requested a critique of the information and plans neering. disclosed by the hearings from three different organizations: Dr. Chauncey Starr, president, Electric Power Research Institute. (1) The Committee on Science and Public Policy of the Ameri- Dr. Philip Handler, President, National Academy of Sciences. can Association for the Advancement of Science. Dr. James R. Killian, Jr., Chairman of the ad hoc Committee on (2) The Federal Science and Technology Committee of the In- dustrial Research Institute. Science and Technology, National Academy of Sciences, and Honor- ary Chairman of the Corporation, MIT; accompanied by Dr. Kenneth (3) The Science Policy Research Division of the Congressional Pitzer, vice chairman of the NAS ad hoc committee and professor of Research Service, Library of Congress. chemistry, University of California, Berkeley, and Dr. Emanuel R. The work of these groups in response to the request was completed, Piore, vice chairman of the NAS ad hoc committee and retired vice and the three reports carried in full in the Committee's Interim Report president and chief scientist, IBM Corp.; Dr. Ivan L. Bennett, Jr., in 1974. Each described a variety of issues and problems which the member of the NAS ad hoc committee and director, New York Uni- respective groups felt should be explored. versity Medical Center. Among those most frequently mentioned were the following: Prof. Jurgen Schmandt, LBJ School of Public Affairs, University Coordination and evaluation of Federal science activities. of Texas, accompanied by Dr. Richard Scribner, director, Office of Science and Society Programs, AAAS. The role of the Science Adviser in military R&D. Dr. Edward E. David, Jr., vice president for research, development, The functioning of the NSF's Office of Science and Technology and planning, Gould, Inc. Policy. Elmer B. Staats, Comptroller General, accompanied by Phillip S. The multiple assignments of the Science Adviser together with pos- sible consequent conflicts of interest. Hughes, Assistant Comptroller General; Harold H. Rubin, Deputy Director, Procurement and Systems Acquisition Division. Access to the President. Don Price, dean of the Kennedy School of Government, Harvard Advice for science policy. University. Advisory bodies for science policy. Dr. George B. Kistiakowsky, Department of Chemistry, Harvard An annual report on science policy. University; Dr. Jerome B. Wiesner, president, MIT, Dr. Donald F. Budgeting for science and technology. Hornig, president, Brown University and Dr. Lee A. DuBridge, Decisionmaking and priorities re science policy. former president, California Institute of Technology. Functions of the Federal Council for Science and Technology. Dr. Patrick E. Haggerty, chairman of the board, Texas Instru- Implementation of Reorganization Plan No. 1. ments, Inc. The OMB and science policy. Dr. Philip Morrison, chairman of the board, Federation of American The role of the Committee on Science and Technology. Scientists. Stability of funding for science and technology. Dr. Lewis M. Branscomb, vice president for research, IBM Corp. A strategy for science policy and programs. Dr. N. Bruce Hannay, vice president, Research and Patents, Bell Laboratories, president, Industrial Research Institute; and Dr. Her- 8 9 bert I. Fusfeld, director of research, Kennecott Copper Corp. chair- Dr. John C. Calhoun, National Association of State Universities man, Federal Science and Technology Committee, Industrial Re- and Land-Grant Colleges, American Association of Universities and search Institute. American Council on Education; vice president for academic affairs, Dr. William D. McElroy, chancellor, University of California, San Texas A. & M. University. Diego, Calif., former director, National Science Foundation. Dr. Nathan T. Wolkomir, president, National Federation of Fed- Dr. Brewster Denny, dean, Graduate School of Public Affairs, Uni- eral Employees, presented by Mr. George Tilton, associate general versity of Washington. counsel, National Federation of Federal Employees. 1975 Dr. Arthur M. Bueche, vice president, research and development, General Electric Co., and president, Industrial Research Institute. Upon completion of these hearings and the receipt of requested Dr. George K. Davis, professor of nutrition and director of spon- materials, the Committee staff, in conjunction with the Science Policy sored research, University of Florida and chairman, Public Affairs Division of the Congressional Research Service and the Office of the Committee, Federation of American Societies of Experimental House Legislative Counsel, spent the next 6 months in reviewing the testimony and materials which the Committee had obtained and in Biology. Dr. Conyers Herring, former Chairman, Advisory Science Infor- making further informal investigations to fill some of the remaining mation Council, National Science Foundation and former head, The- informational gaps. A bill was then drafted which attempted to incorporate most of the oretical Physics Research Department, Bell Laboratories. Dr. Lewis M. Branscomb, vice president and chief scientist, IBM major policy and organizational features which had been recommended to the Committee and which appeared to have substantial support in Corp. one form or another. It was the intent, in drafting the bill, to address Dr. Bowen C. Dees, president, the Franklin Institute. Dr. Ernest R. Gilmont, chairman, Committee of Scientific Society all the major issues or recommendations which had been received, and Presidents. to put them together in a reasonable format that would promote further serious thought and discussion. Dr. Eugene B. Skolnikoff, director, Center for International Stud- This bill, H.R. 4461, was introduced on March 6, 1975, by Mr. ies, Massachusetts Institute of Technology. Teague and Mr. Mosher. Simultaneously, Mr. Teague issued an ex- The following submitted statements for the record planatory statement on the proposed "National Science Policy and American Society for Public Administration. Organization Act of 1975." The statement sought to describe the ra- Michael J. Moravesik, Institute of Theoretical Science, University tionale behind the bill and put it into perspective for the legislative of Oregon. hearings scheduled for early summer. A. Michael Noll, past assistant to the Director of the Office of Science From the time of the introduction of the bill until the hearings and Technology. began in June, the bill's sponsors and the Committee staff were fre- Federation of American Scientists. quently in touch with the Administration and the Executive Office of Drs. Richard Trumbull and Robert W. Krauss, for the American the President, seeking to elicit such preferences as the Administration Institute of Biological Sciences. might have and looking toward securing its views on H.R. 4461. Institute of Electrical and Electronics Engineers, Inc. On June 10, 1975, the full Committee met in conference with the Russell E. Train, Administrator, Environmental Protection Vice President, who relayed some of the Administration's preferences Agency. and also transmitted a proposed bill which the White House indicated Statement of the presidents of certain engineering societies. it would be willing to support. Mr. Teague introduced the latter bill, Coordinating Committee of Engineering Society Presidents. H.R. 7830, on June 11 SO that the formal hearings might cover both Paul G. Zurkowski, president, the Information Industry Associa- bills. tion. The hearings on these bills were held June 10-23, 1975, and included National Federation of Abstracting & Indexing Services. the following witnesses. Courtland D. Perkins, president, National Academy of Engineering. Dr. H. Guyford Stever, Science Adviser to the President and Di- Jurgen Schmandt, LBJ School of Public Affairs, the University of rector, National Science Foundation. Texas at Austin. N. Bruce Hannay, vice president, research and patents, Bell Upon the completion of the hearings and a further period of exami- Laboratories. nation and study of materials received by the Committee, Mr. Teague Congressman Mike McCormack, from the State of Washington. and Mr. Mosher co-sponsored a new bill, H.R. 9058, which was intro- Dr. Philip Handler, President, National Academy of Sciences. duced July 30, 1975. The new bill constituted a compromise version Hon. Elmer B. Staats, Comptroller General of the United States. between H.R. 4461 and H.R. 7830; the major features of that legisla- Dr. Roger Revelle, chairman of the board, American Association for tion, as well as H.R. 10230, follow in the next section of this report. the Advancement of Science, and director, Center for Population The Committee held markup sessions in October and ordered re- Studies, Harvard University. ported H.R. 10230, which is only slightly revised from H.R. 9058. Dr. Edward E. David, vice president for research, development and planning, Gould, Inc. H. Rept. 595 2 13 12 The remainder of this section presents a summary of the major ceived detailed examination. Among these were: The form of the new topics addressed by the witnesses, according to the four major subject organizational entity in the Executive Office of the President- areas of H.R. 4461. These are: whether it should be an office headed by a Director or a Council; A. A National science policy for the United States; whether to require Senate confirmation; duties of the new Office B. Scientific and technological advice in the Executive Office (budget review; annual reporting requirement; long-range planning of the President; functions) ; relationships of the new Office to existing Executive Office of the President units-OMB, the National Security Council, the Do- C. Federal administrative organization for certain key instru- mestic Council; relationships of the new office to Executive Branch mentalities whose primary mission is scientific or technical re- departments and agencies (role of science adviser as advocate, and sup- search and development; and D. Consolidation of Federal information dissemination and port of the Office by Executive departments and agencies) ; coordina- tion and evaluation of Federal R. & D. programs; and authority of utilization activities. the President to reorganize his science advisory unit. A. NATIONAL SCIENCE POLICY FOR THE UNITED STATES Office (single director) vs. Council (multiple head) type office.- (TITLE I OF H.R. 4461) There appeared to be more support among the witnesses for the estab- lishment of a Council-type advisory office, similar to other existing There was marked support for the enunciation of a national science councils in the Executive Office. But many of the witnesses believed policy for the United States and almost all witnesses approved the a compromise could be worked out whereby an Office might be estab- inclusion of such a policy in the bill. The findings and declaration of lished headed by a Director as proposed in the Administration bill, principles and procedures for implementation of H.R. 4461 were con- but provide for the appointment of at least two assistant directors, sidered sufficiently definitive and yet broad enough to provide guidance thus creating an organization which could act as a Council and form without providing undue constraints. Such a policy was characterized the basis for the creation of a Council form in a subsequent Adminis- as long overdue. Among the proponents, no one suggested deleting any tration. concepts, but several witnesses offered suggestions for amplification of When he met with the Committee on June 9, 1975, Vice President the policy statement. Among these were recommendations to amplify Rockefeller commented that the group which studied the question of the findings and principles to reflect the importance of basic scientific return of science advice to the Executive Office had originally proposed research and the need for various Federal departments and agencies to that the Office be headed by a Director with up to five Assistant Direc- support such research; to emphasize the Federal responsibility to en- tors in particular areas of concern. courage beneficial technological innovation to foster privately-funded The opinion was expressed that regardless of the form established, research and development; to recognize a Federal responsibility in the President would look to a single individual for science advice. supporting research and development in areas which by their nature Senate confirmation of Director and Deputies.-Whether the Direc- only government can be expected to support; to stress international tor or Deputy of the new Executive Office science advisory entity cooperation and costsharing in scientific research and development should be subject to Senate confirmation was known to be an issue and the sharing of scientific knowledge with other nations in the inter- within the Executive Office. The Administration bill was silent on this ests of international peace and progress; to include a national goal to point. All the witnesses who addressed this subject supported Senate develop and utilize professional and technical manpower, including confirmation, apparently on the premise that Congress should have their training and education; to promote interaction between Govern- access to the Science Adviser. One witness while approving Senate ment and academic institutions and to provide for stability of support confirmation, recognized the President's prerogative to exert execu- for the latter. tive privilege on occasion. Those witnesses who were not in favor of enunciating a national science policy at this time argued on the basis of doubts that such a Requirement for an annual report.-There was mixed reaction to the model policy statement could be formulated, that a statutory policy requirement for an annual report in the Committee bill and in earlier would probably lack flexibility to meet changing requirements, that to proposals. A number of witnesses recognized that the time and re- draft a policy acceptable to the Administration might delay approval sources required to prepare such a report might not be available in of legislation, and that in any event the new Presidential science ad- an office of the limited size proposed in the Administration bill. Some viser should be permitted to have an input into the content of policy. recommended that this provision should not be included; others that the report might be prepared outside the Executive Office. One witness B. SCIENTIFIC AND TECHNOLOGICAL ADVICE IN THE EXECUTIVE OFFICE who did not support the inclusion of Title I, suggested that a substitute OF THE PRESIDENT (H.R. 7830 AND TITLE II OF H.R. 4461) for it might be a requirement for an annual statement on science and technology similar to the President's statement of March 1972. This subject received major emphasis during the hearings since it The Administration bill was silent on this requirement but the Vice represented a basic component of the Committee bill and was the sole President indicated that in all probability the Science Adviser would content of the Administration bill. Many aspects of the subject re- 14 15 make an annual estimate, appraisal, and recommendation to the Presi- Science advisory-Executive Branch departments and agencies rela- dent and Congress. tionships.-One main aspect of this very broad subject relates to Budget review functions of the science advisory office.-The Com- whether the science adviser should also be an advocate for science per mittee bill assigned a budget review function to the Secretary of the se and for the scientific activities of the departments and agencies. On Department of Research and Technology Operations but provided the other side of the relationship is the extent of support for its own that recommendations were to be made to OMB only after consulta- activities which the new office can expect from Executive Branch de- tion with the Council of Advisers on Science and Technology. The partments and agencies. Administration bill did not mention this specific function among Science Adviser as a science advocate.-The prevailing sentiment on those of the proposed OSTP. this question was that the science adviser cannot also be an advocate A number of witnesses expressed the opinion that the R & D budget for science. The proper advocates for science were thought to be the review function belonged properly within the science advisory office various Executive departments and agencies with respect to their own in the Executive Office of the President. Some believed that more programs, and the National Science Foundation and National Science important than a requirement to make a comprehensive review of all Board for science in general. Under these circumstances, the Science budget proposals, which might be beyond the capability of a small Adviser's comments on programs in the R. & D. budget should repre- staff, was the granting of a general budget responsibility which might sent "selected judgments from the broadest possible national-interest be exercised selectively to permit concentrating on major issues and perspective, as free as possible from ties to any particular program or programs. Such authority it was argued, might enhance the ability of constituency" in the words of one witness. the office to become genuinely effective. Two witnesses supported the A differing view on separating science advice from science advocacy creation of a new Office of R & D Management within the Executive was offered by one witness who believed that a strong case could be Office of the President, with the budget review function a primary made that the head of any Executive science advisory office could not role. One expressed the view that the budget review function was do his job "unless he becomes and remains the advocate within EOP OMB's and thus should not be made a statutory responsibility of an- of science and technology." other office. The consensus was that the science advisory office should This view is based on a definition of science advocacy which extends participate in the budget review process with OMB. beyond merely pushing the support of science for its own sake. This Long-range planning a function of the science advisory office.- view considers a major reason for such an office to be that of demon- Several witnesses viewed long-range planning as a necessary function strating how science and technology can aid in the solution of broader of the science advisory office. NAS President Handler discussed the national problems. In response to the charge that no scientist can be necessity to carry on long-range planning in conjunction with current trusted to be objective and unbiased, and that advocacy then equates program and decision-making, despite the tendency of the latter to with "special pleading," the view was expressed that experience has dominate the former. shown this need not be the case. In this witness's view, " we have The current Presidential Science Adviser made two important already had adequate evidence that men of ability and integrity can points concerning long-range or "horizon scanning" function: First, be found for such an advisory role, and that their own 'self-regulating the Administration proposal contemplated the utilization of outside mechanisms' plus the feed-back they receive from their colleagues sources for this function, which would presumably have more time to regarding White House decisions on science and technology can be relied on to assure a balanced approach to the various components of devote to it. The second point was that while an adviser may be aware of an emerging problem, he has to have "listeners-in the President the scientific enterprise. Still another witness recognized the problem of separating "advice" and also in the Congress." Still another witness expressed the view that long-range planning should be part of better multi-agency sci- from "advocacy" as a generic problem at all levels of government and ence and technology policy planning. particularly in the White House. To counter the danger of supporting a particular position, it was suggested that the science advisory office Relationships of the new science and technology advisory office to must concentrate on "analysis rather than advocacy with a view to existing Executive Office of the President.-The witnesses recognized weighing the costs and benefits of alternatives and presenting the necessity for intra-Executive Office relationships of any new sci- ence advisory office. The OMB interface was commonly mentioned and options. nical staffs of other units of the Executive Office-the OMB, NSC, It was suggested further that if the scientific and tech- a few supported the specification of close working relationships with Domestic Council-were strengthened, they would then be in a better the National Security Council including possible membership on the position to evaluate the studies and recommendations of the Science Council for the head of the science advisory office. The Administration Adviser. viewpoint, as expressed by Dr. Stever, was that the adviser on sci- ence and technology would participate in deliberations of any of the Support for the science advisory office.-It was suggested that the units within the Executive Office of the President-National Security small size of the staff contemplated for the science advisory office will Council, Domestic Council, or others-and be fully involved whenever not be able to provide necessary support to the science adviser on the vast Federal scientific and technical involvement without the active such activity might be important to the successful performance of his role. support of the departments and agencies. Their support and the estab- 16 17 lishment of good working relationships are crucial to the success of the nesses felt that the proposal should be further studied and, to avoid office. In particular it was expected that the policy offices of the delaying action on Title II, this title should be separated from the bill. National Science Foundation could be called on for ad hoc support. Dr. Stever, speaking for the Administration, said that he was not Later information provided by Dr. Stever confirmed this expecta- convinced that the proposed department was either necessary or tion. He said that when and if the new science advisory office is estab- desirable at the present time. He pointed to the likelihood of difficult lished, many of the functions now performed by the Science and management and coordination problems in dealing with constituent Technology Policy Office and Office of Energy R. & D. Policy in the units of such disparate size and functions as those proposed for the Foundation could be transferred to the staff of the new office. He said, new department. however, that there will still be an "important role" for the Founda- Points raised by other witnesses included the following: tion's remaining policy offices in the policy sciences and he expected While a number questioned whether ERDA should be included in that the science advisory office would continue to use analyses carried such a department, at least one witness advocated expanding the out in the offices of the Foundation's Directorate of Scientific, Tech- coverage considerably, to comprise a Department of Science, Tech- nological and International Affairs as inputs to its policy role. nology, Energy and Materials which would include all units proposed for the department and several other energy and and materials-related Ad hoc science advice to support the science advisory office.-There components as well. was no discussion in the hearings about the re-establishment of a Other witnesses suggested that the imposition of a departmental PSAC-type advisory body. The Administration has relied on the ad superstructure over independent agencies would result in a down- hoc mode for soliciting advice from the scientific community. Dr. grading of these agencies in the Federal hierarchy. Another called Stever's opinion was "It is an effective way, and I think this may have attention to Congress' need to maintain direct access to various agen- been one of the things that has impressed the White House SO that they cies. Some skepticism was expressed as to how much power and in- are going to try to use this technique in the new bill." fluence a secretary of such a department would have when he did not Coordination and evaluation of Federal R&D programs.-Both have control of the budgets of the constituent agencies under him- functions are recognized as responsibilities of a science advisory office although this stemmed from a misunderstanding of the bill. Some ques- at the Executive Office level. Dr. Stever noted that the President's sci- tioned whether certain functions proposed for the department, e.g., ence adviser had traditionally served as chairman of the Federal Coun- both the budget review and statutory review functions, belonged there. cil for Science and Technology and said "it is intended that the new One witness did not see how the proposed consolidation would remedy Director of OSTP would also be appointed to this position." He antic- the present operating deficiencies of the constituent units. ipated that continued efforts would be made to make the Federal A major advantage of the creation of a Department of Research and Council a more effective interagency coordinating body. Technology Operations which a number of witnesses mentioned was Opinion was divided as to whether government-wide evaluation of that it would provide a focal point for an advocacy role for science Federal R&D programs should be a responsibility of a science and technology. advisory office. Evaluation undertaken by the science advisory office Further study of Federal science and technology organization and should, according to some witnesses, be on a limited selective basis to management.-Several witnesses who expressed favorable reactions accommodate priority needs, rather than on a fixed schedule and com- to the concept of further centralization of certain Federal activities, prehensive scope, which might exceed the capabilities of the office. still advocated additional study. The President of the National Acad- Authority for the President to reorganize his science advisory mech- emy of Sciences offered the assistance of the Academy in conducting anism.-The limited authority which the Committee bill provides to a broad study of Federal science and technology organization and the present or future Presidents to make changes in the organization management. and duties of the science advisory office, subject to Congressional ap- proval, was viewed as a necessary provision. It provides the means for D. CONSOLIDATION OF FEDERAL INFORMATION DISSEMINATION AND achieving flexibility to suit the needs of individual Presidents, an UTILIZATION ACTIVITIES (TITLE IV OF H.R. 4461) essential aspect of the advisory function. The Committee's proposal to establish a Science and Technology C. ADMINISTRATIVE ORGANIZATION FOR CERTAIN AGENCIES WHOSE PRI- Information and Utilization Corporation met with varied response MARY MISSION Is RESEARCH AND DEVELOPMENT (TITLE III OF H.R. from most of the witnesses. The Administration's opposition to the 4461) proposal was clear from the response of Dr. Stever to a series of supplemental questions which amplified his earlier testimony. Department of Research and Technology Operations.-The Com- Dr. Stever viewed pluralism as one of the strengths of the present mittee's proposal to create a Department of Research and Techonlogy information dissemination system. This view was shared by other Operations as a centralized administrative source to certain Federal witnesses. He supported his position by expressing the opinion that agencies (NASA, ERDA, NBS, NSF, NOAA) and the Science and information gathering and dissemination by the various departments Technology Information and Utilization Corporation (proposed in and agencies which was tied into their particular needs and missions Title IV) was met with both enthusiasm and reservation. Most wit- was more effective than it would be if performed by a separate cor- H. Rept. 595 3 19 18 worked poorly. This goes all the way back to World War II when the poration which would probably concentrate on sales. He doubted that unleashing of nuclear energy forced political leaders to think seri- a corporate information conglomerate would improve the dissemina- tion of scientific and technical information, since three of the func- ously about science and technology and how to handle it. The tempo was speeded up, of course, with the advent of Sputnik. As a result tions to be carried out by the proposed corporation-policy-setting, of these two spurs, the Congress and the country did begin to get interagency coordination and national research-are not profitable a feeling of the need for basic research and the desirability of some operations and are normally not carried on by commercial firms. consistent way of handling and supporting both it and applied re- He testified that there was no detailed long-range planning for search and development. scientific and technical information, nor should there be; he felt the But where the advent of the A-Bomb and of the space adventure information enterprise was too decentralized to be under a single clearly demonstrated the need for fundamental research and the train- master plan. ing of adequate people to do it, presently our society is being pushed Nonetheless, Dr. Stever's conclusion that current Federal handling forcefully into the applied area. We are asking science and tech- of scientific and technologic information was working reasonably well nology to help us in our big major crises-primarily those of the was not documented by any other testimony. environment, energy and economy. Points made by other witnesses, who generally felt that the pro- H.R. 10230 offers a set of science and technology policies for con- posal of title IV should receive further study, and that this could be sideration and proposes to relate these to the still broader goals of our done in conjunction with a more comprehensive study of Federal or- society in line with the Committee's 1970 report "Towards a National ganization, included the following. One witness felt that the Com- Science Policy." The principle proposed is that the expenditure of mittee bill model was too limited and concerned with passive infor- public funds should be for definable and accepted public purposes, mation services while he believed the Government needs to increase understood and agreed. Various individuals-in hearings and for pub- its role in public technology innovation. He recommended that a more lication-have addressed the policy issue. The weight of the testimony aggressive and dynamic model be established. Another witness ex- was in favor of setting forth a national science policy, using argu- pressed the belief that the Nation needs a focal center for scientific ments such as these: and technical information but the Corporation as proposed combined (1) More careful planning and coordination are required at Federal services with stimulation of non-Governmental services; he or near the highest government decision-making level. felt both might suffer as a result. (2) We are faced with the difficult task of interweaving science He stated that a real need exists for an information policy board policy with national social, economic and political policies- which might be associated with the new science advisory office. But which would seem to call for a unified coherent strategy. he recommended deferral of action on unification of information serv- (3) The preamble of any legislation prepared by the Commit- ices until policy and coordinating mechanisms are established. A num- tee should include the basic tenets of a national science policy as ber of witnesses advocated an increased role for the Federal Council basic building blocks. for Science and Technology. Several witnesses advocated an expanded (4) Structured policy involves an explicit delineation of goals, role for the NSF Office of Science Information Services and a clarifi- strategies and priorities which can provide a longer term frame of cation of its statutory base. reference for planning than annual budget decisions-which tend On a final note, it appears that scientific and technical information to be largely incremental. issues are as much policy issues as organizational ones. There was (5) There is a need for a national science policy, but this is a strong consensus by almost all witnesses on both the importance and continuing problem, to be worked out by the executive and legisla- need for further study of this whole question. tive branches. No single brief policy statement can be good for all time, unless expressed in the very broadest terms. Policy must be RATIONALE FOR THE BILL specific and evolve as time goes by. TITLE I (6) If Federal science policy is to deal with the contribution that science has made and can make to our economic well being, Title I is a statement of national science policy-but is not an in- the concept of science policy must embrace not only public invest- vention of the Committee. It represents an analysis of much testi- ments in science but also the national environment for using sci- mony and research on the subject. The main issue has not been the entific and engineering capabilities for economic purposes. Title's substance but whether or not Congress should attempt such (7) Lacking a national science policy statement, we tend to a policy statement. Some people have thought it feasible; others have operate under a set of independent and occasionally contradictory not. policies. Such a statement, even if incomplete could serve a useful The government has gone through decades of ad hoc situations, purpose by providing a sense of direction for federal actions re- arrangements regarding science and technology which have not been lating to science. based on any firm policy but have responded merely to the current (8) The role of science and technology in our society and the crisis. The result has been a marked inconsistency in utility and effect. role of the federal and state governments in their support are In some cases things have worked well; at other times they have changing SO rapidly that it may not be possible to spell out a 20 21 science policy in detail. However, it is important for both the Con- ant to the President for Science and Technology. Dr. James R. Killian, gress and the President to enunciate a general statement indicat- Jr. was appointed to the post. Also, ODM's Science Advisory Com- ing the responsibility of the federal government to support science mittee was reconstituted as the President's Science Advisory Commit- and technology for the good of the people and the advancement tee (PSAC). of the nation. In time, Congress became dissatified with these steps and pushed (9) In public policy terms, we have no across-the-board ap- for a more formal arrangement. In mid-1962 President Kennedy proach to leveraging science and technology; we go at it in a established an Office of Science and Technology (OST) and his Sci- disassembled way, in a reactive manner rather than a strategic ence Adviser then wore several "hats," including Science Adviser to the President and Director of OST in the Executive Office of the The manner. minority view was represented essentially by the following President. Most agree that the role of presidential science adviser was strong arguments: (1) There is no particular advantage in the establishment of and influential from Roosevelt through Kennedy. Beginning with national science policy, per se. We should have a national science President Johnson and continuing with President Nixon, it was policy, which at any one time will be that sum total of many in- "downhill" to January 1973. At that time President Nixon announced Reorganization Plan No. 1 dividual policies. (2) There is no need for a statement of policy. Science policy of 1973 which abolished OST and PSAC, and transferred the function is a rather fuzzy term, limited to a general declaration of faith of Science Adviser to the Director of the National Science Founda- in benefits of technological progress. The policy itself consists of tion as an additional duty. Hearings were held by the Government a great many specific decisions of widely differing content. Operations Committees, but the prevailing mood seemed different from that of 1961-1962 when President Kennedy was more or less TITLE II persuaded to establish OST. The view in 1973 seemed to be, "If the President doesn't want a science advisory capability in the Executive Title II would make available to the President a new organizational Office, there is no point in making him keep one." entity to assist in using science and technology in national decision- This Committee's inquiries have produced very few outside the Ad- making-an Office of Science and Technology Policy, whose Director ministration (in '73) who really approved the present setup. Virtually also serves as science adviser. The basic premise is not to insist upon all of the Committee's other testimony indicated a conviction that the a particular style of scientific support for the President, but to provide dual role of the Science Adviser and the Director of the National a way of mobilizing expertise in the President's behalf. The President Science Foundation was not tenable. It is particularly noteworthy that can use the Director of the Office, and such Assistant Directors as are Dr. McElroy, who had preceded Dr. Stever in the post of Director appointed, in whatever manner he chooses. In any case, the Office of the Science Foundation, was quite emphatic on this point. Since would speak for the best public use and understanding of science and Dr. McElroy is the only former Director to have held that post during technology and not as an advocate for science and technology per se. NSF's modern history, his views carried quite a bit of weight. Numerous witnesses have contended that as the Federal role and Almost no one has wanted to reestablish OST in its former format. support structure for R&D has grown, so has grown the need for better But there have been many organizational suggestions. These include, awareness and attention at the highest levels of government. Increas- for example, the one-man personal adviser to the President; the Coun- ingly complex scientific and technological issues confront the Presi- cil of Advisers with no one Presidential Science Adviser; a Council of dent. Off and on since the beginning of World War II, the nation has Advisers whose chairman also serves as the President's Science Ad- been debating the issue of how best to incorporate science and tech- viser; ad hoc advisory panels, and SO on. Undoubtedly one of the sug- nology into national decision-making. gestions which has had the biggest impact is that of the National World War II led to widespread use of science and technology by Academy of Sciences' Killian Committee to which all of the former our allies, our enemies and ourselves. For the first time, a President Presidential Science Advisers appeared to subscribe, with the ex- had what amounted to a "science adviser"-Dr. Vannevar Bush, who ception of Dr. David. He proposed an Office of Research and Engi- marshalled the U.S. scientific and technological effort and worked neering Management within the Executive Office, not at the level of a closely with President Roosevelt. department, but at a level of protocol equal to that of OMB. Dr. John Steelman was designated by President Truman to head a It was about this point in the 1974 hearings that it became clear Scientific Research Board in the Executive Office of the President. the Committee was really dealing with several different issues. It was Close personally to the President, Steelman also acted as the Presi- not just dealing with advice, it was also dealing with research and dent's liaison with the scientific community. development management including the handling and use of science From 1952 until late 1957, science advice for President Eisenhower and technology information. It further became apparent that while was provided by a Science Advisory Committee through the Direc- these were part of the same picture they probably warranted sepa- tor of the Office of Defense Mobilization. With the launch of Sputnik in October 1957, science and technology came once again to center rate consideration and treatment. The original Teague-Mosher bill stage and President Eisenhower created the position of Special Assist- (H.R. 4461) did this. 22 23 It was also a critical recognition SO far as the structure of H.R. A New Department? 10230 is concerned. If at all, why a new cabinet-level department? Hence the substance of Title II. That Title encompasses the duties This is where the managerial part of the legislative equation seemed and functions of the proposed Office of Science and Technology Policy to come in-and where the role of advocate for science and technology and its Director. The number of statutory Assistants may run from is encountered. 0 to 4 depending on the President's desire. All witnesses who appeared before the Committee, in general, Among the important features of this Title are (1) evaluating the advised against combining the role of science advice with advocacy for quality and effectiveness of the Federal R&D effort; (2) advising the science and technology per se. Everyone seemed to feel that these roles President with regard to scientific and technological considerations in were incompatible and should be separate. The original Teague- all major fields including national security; (3) advising and assisting Mosher bill undertook the separation through a Department of Re- in the development of Federal R&D budgets; (4) developing criteria search and Technology Operations where those Federal agencies for optimum levels of Federal R&D support in accordance with the whose missions are mainly the performance of research and develop- principles established in Title I. ment would receive some coordination and also be provided with a It is also important to note the reorganization feature which would champion possessing political clout exceeding that which any of them permit the President to reorganize the advisory setup within his own has independently. It was also there that major new scientific and Executive Office, unless vetoed by both houses of Congress. However, technological endeavors which came along in the future could find a the President could not simply abolish the advisory setup and replace home without the necessity for Congress to create a new agency on a it with nothing. He could alter it, but he would be obliged to establish crash basis-such as occurred in the case of both environment and something in the place of whatever advisory arrangements were in energy within the past few years. When such needs arose, the activity existence. could be assigned to the new Department until such time as it was TITLE III clearly demonstrated that a need for an independent agency or de- partment existed. Finally, it was through this device that the number This Title establishes a 24-month Federal Science and Technology of agencies clamoring for the President's ear could be somewhat Survey Committee within the Executive Office of the President which reduced with a consequent reduction of the demands on his time and is charged with the duty of examining the total Federal science and attention. technology effort "including missions, goals, personnel, funding, orga- Aside from the foregoing, the Department's operations would nization, facilities and activities in general." primarily have been those of a staff nature where Federal research When completed, the Survey Committee's final report must be trans- and development statutes, regulations and budgets would be reviewed mitted to the Congress by the President, together with his recom- across the board. Here, too, the main technology assessment function mendations based thereon. in the Executive branch would be performed. Here, for the first time, There are three cardinal reasons for this Title in its present form. one entity would be charged with an overview of the entire Federal First, a comprehensive survey of the Federal science and technology Research and Development budget and with making recommendations establishment, its functions and needs, has not been made by any duly concerning it to OMB. chartered group since the Steelman Report of 1947-as previously The Department was not intended to disturb existing organizational noted. The events of the intervening 30 years assuredly warrant such structures of any of the agencies to be placed within it. It would not a study. disturb the so-called pluralistic system of research support. It would Second, at this point in time the Congress does not have sufficient not change the existing direct line of contact or communication be- information or an adequate data base on which to model such further tween other departments and agencies and OMB. It was not a Depart- reforms of scientific policies, plans or organization as may be needed. ment of Science and Technology in the traditional sense of such pro- The Survey Committee's findings should provide major assistance- posals made in the past. although they will in no way preclude the conduct of similar Con- But why bother with this area (which has been in-and-out of gressional studies nor obviate the need for them. favor for several decades) in the first place? Third, it is essential that the issues, questions and problems which For one thing, the Presidential Science Adviser, Dr. Hornig, in his the original Teague-Mosher bill (H.R. 4461) sought to address in its remarks to the 1968 annual meeting of the American Association for Titles III and IV remain a focus of active study. Hence, this Title of the Advancement of Science, specifically suggested that a depart- H.R. 10230 provides for the continuation and enlargement of such mental arrangement of the type in the original Teague-Mosher bill study on the part of the Executive branch. This Committee and, doubt- deserved a close scrutiny. In 1970 the then existing Subcommittee on less, other committees of the House and Senate, will assure appro- Science, Research and Development made a specific recommendation priate legislative input to the overall study, also on a continuing basis. for a National Institutes of Research and Advanced Studies. While Among the issues seriously considered in H.R. 4461, and which need this was directed primarily to research and education in their pure further in-depth evaluation are (a) a new departmental institution for forms, it was a step in the direction of H.R. 4461. Science and Technology, and (b) an improved entity for handling In the full Committee's 1974 hearings, recommendations for this Federally sponsored scientific and technological information. sort of an organization were made by the former Director of the 25 24 Bureau of Standards and present chief scientist of IBM, Dr. Brans- ticular interest in and experience with the handling of science information. comb. It was also recommended by Dr. Brewster Denny of the Uni- versity of Washington, who, as much as anyone, was responsible for Those representatives came from such institutions as the Smithso- the creation of OST through his staff work with the Senate Interior nian, COSATI (see below), the Ford Foundation, the State Depart- Committee in the early '60's. Also at those hearings, Dr. Patrick ment, the Federal Communications Commission, Bell Telephone Haggerty, former PSAC member and head of Texas Instruments, Laboratories, McGraw Hill, the Bureau of the Budget, the Academy of delineated the "staff" function idea at Cabinet level. While Dr. Hag- Sciences, and the President's Science Adviser. Out of this came a pro- gerty personally preferred a Council of National Development whose posal to the Committee from the Smithsonian Institution for an 18- chairman would serve as technological adviser to the President, and month Council on Communications, designed to report to the Com- while he questioned the wisdom of mixing staff functions with line mittee at the end of that time with recommendations for legislation to functions, he did endorse the concept of a Cabinet-level staff operation coordinate, unify and promulgate science information regulations for in this area. all the Federal government's activities in that area. One function which the Department would have had, the overview The proposal fell through for lack of funding, but in 1970, follow- of the total Federal Research and Development budget, is similar to ing extensive science policy hearings, the SRD Subcommittee issued a what Dr. David proposed for his Office of Research and Engineering report with specific recommendations including those for an improved Management. Actually, Dr. David would have gone further than the system of science information exchange. Among other things, the Teague-Mosher bill in that his proposal would have been binding on report recommended that the Federal government formulate "a real- OMB whereas the recommendations from the Secretary of RTO in time management information system" which should be "inaugurated the Teague-Mosher bill were not. It is of some interest that during the and utilized by all Federal agencies engaged in research. It was also past several years, in Canada, the Ministry of State for Science and recommended that with regard to science information systems and Technology has been drastically upgraded and has been given this techniques "central responsibility be assigned to the Smithsonian same function of budget review vis-a-vis the Canadian Treasury Institution with essential backup from OST's Committee on Scientific Board (the equivalent of OMB). It also seems significant that science and Technical Information." (COSATI) policy authorities Harvey Brooks (Harvard) and Eugene Skolnikoff In 1972, this Committee's concern was rekindled by a report of the (M.I.T.) have emphasized the need for some Executive agency to be Comptroller General that effectiveness of the Smithsonian's Science charged with technology assessment functions-and also that they Information Exchange was hampered by a lack of complete, current approve the idea of an agency or department where other agencies or research information. It was explicitly pointed out in the GAO report departments could go to have research and development done for that the various departments and agencies of the Federal government them when needed-as many now do on a limited basis in conjunction most involved with Research and Development were not in agreement with the National Bureau of Standards. These were specifically desig- and were, in fact, frequently at odds over methods of handling and nated functions of the Department as envisioned in H.R. 4461. utilizing scientific and technological information. Precedents for the sort of amalgamation of agencies contained in While this issue was not a major one discussed during the full Com- that bill are not difficult to find. Probably the most obvious one is the mittee's hearings in 1973-74, its shadow was nonetheless present. Staff Department of Defense which absorbed the Army, the Navy and the inquiry indicated that a lack of rapport between the agencies and be- Air Force without changing their mission or their administrative tween the three basic Federal science information systems-the Smith- structure. Operationally, the three services, each of which retains its sonian's Science Information Exchange (SIE), the Commerce De- own Secretary, function pretty much independently-though they are, partment's National Technical Information Service (NTIS) and the of course, subject to decisions at the Defense level with regard to Foundation's Office of Science Information Service (OSIS)-con- differences over mission, budget, etc. More specifically, however, the tinued to exist. relatively loose language employed in the Teague-Mosher bill was The philosophy of the original Teague-Mosher bill was essentially patterned after the consolidation which took place in 1947 when the simple: without the means of getting scientific and technological in- Housing and Home Finance Agency was formed. At that time more formation available, known and used, the government's entire Re- than 15 existing agencies were brought together under one roof, most search and Development effort could not help but be badly attenuated. of which continued to operate in an independent manner for nearly 20 It was felt that the system set up in that bill to deal with scientific years before being absorbed by HUD. and technological information, or something akin to it, would help. The bill would have merged the three key agencies into a new Science Scientific and Technological Information Information & Utilization Corporation with a single executive head Along with possible organizational reform, information systems are and a governing Board. The Corporation, in turn, would have become considered to be extremely important. The Committee began giving a part of the proposed new Department of Research and Technology serious attention to the matter in 1967 and '68 when a series of meetings Operations for administrative purposes. was held between senior members of the Committee and key repre- The corporate form was suggested on grounds that that (1) at some sentatives of major institutions around the country which had a par- point it may be desirable to make such an effort self-sustaining or par- 26 27 tially so-or possibly a joint government-industry endeavor: and (2) 2. Government to ensure transfer of technology information to scientific and technological information is now conceded to be one of users, and facilitate close coupling of industry with academia in the nation's leading commodities-bought, traded and bargained for- the application of scientific findings; and may thus appropriately be handled by a corporate structure. 3. Useful but non-commercial technologies to be encouraged; 4. Cooperative scientific and technological relationships with States, local governments, and the private sectors; 5. Determination of proper level of effort in science and tech- The foregoing are factors which, the Committee believes, should be nology; carefully considered by the Survey Committee as established in Title 6. Frequent and systematic information to the Congress about III of H.R. 10230. the condition of the national scientific and technological effort and its resources. SECTIONAL ANALYSIS OF THE BILL (c) Procedures for affecting the Declared Policy require- 1. The functional use of Federal procurement policy; (A) PROVISIONS IN BRIEF 2. Explicit criteria for projects in science and technology war- ranting Federal support; TITLE I-NATIONAL SCIENCE AND TECHNOLOGY POLICY 3. Such criteria to include quality of research, stability of insti- tutions, timeliness of results, educational encouragement, and cul- Findings tural advances; SEC. 101. (a) Findings of Congress that (1) national goals (eco- 4. Federal patent policies based on uniform principles stressing nomic, security, resource use, functioning of Government and society) incentives for innovation and procedures to assure full beneficial require employment of science and technology; and (2) knowledge use to serve the public; about the relationship of science and technology to national and inter- 5. A balance between cooperation and competition in research national events is essential to national decisionmaking and long-range and development by private industry under antitrust regulation; national planning. 6. Closer relationships among scientific disciplines; (b) Goals for science and technology include: 7. Efficiency in the management of Federal laboratories; 1. Support of U.S. diplomatic goals; 8. The use of science and technology to support State and local 2. Efficient use of resources for economic opportunity, stability, government goals; and appropriate growth; 9. Formal recognition of important scientific and technological 3. National security; contributions to public welfare; 4. Improved health and medical care; 10. Support for useful science and avoidance of injurious con- 5. Improved environment, housing, and urban and rural sequences of technological applications; systems. 11. Procedures for full exchange of technological data and find- Declaration of Policy ings among Federal agencies. SEC. 102. (a) Principles of a national science policy include: TITLE II-OFFICE OF SCIENCE AND TECHNOLOGY POLICY 1. Continuing formulation and implementation of national strategies; Short Title 2. Economic growth balanced against preservation of benign environment and frugal use of resources; SEC. 201. Citation as "Presidential Science and Technology Advi- 3. Balancing U.S. domestic and diplomatic objectives in an in- sory Organization Act of 1975." terdependent world; Establishment of Office 4. Education and training in science and technology; SEC. 202. Establishes Office of Science and Technology Policy in the 5. Establishment of a sound national base for science and tech- Executive Office of the President. nology including cooperation among all sectors, strengthening of institutional capabilities, elimination of barriers to initiative and Director; Assistant Directors innovation, improved management of information, establishment SEC. 203. Director of the Office, presidential appointee, with advice of technical standards, and wider public understanding; and consent of the Senate; not more than four Assistant Directors, 6. Periodic review and adjustment in the national policy for presidential appointees, responsible to the Director. science and technology. Functions (b) Implementation of Declared Policy requires: SEC. 204. (a) Director to be the President's chief policy adviser and 1. Central policy planning elements, including one available assistant on scientific and technological matters. to the President as an executive office staff. to help Federal (b) Director, in addition to such other duties as the President pre- agencies identify tasks, mobilize scientific and technological re- scribes, shall (1) advise on scientific and technological aspects of the sources, secure funding. anticipate future problems, and review economy, national security, health, foreign relations, the environment, national science and technology policy; 28 29 and resource management; (2) advise on Federal effort in science and and technological budget planning, and (11) long range planning for technology; (3) participate fully in the process of formulating the application of science and technology to major national problems. Federal budget for science and technology; (4) provide leadership in (b) (1) The Committee to report on these matters to the President; and coordination of Federal research and development; (5) advise the (2) The President to transmit the report to Congress within 60 days, President on statutes and regulations affecting research and develop- including his recommendations as appropriate. ment; (6) provide criteria for Federal support for scientific and tech- Termination nological activities to enhance the national capability to achieve per- SEC. 303. Life of Committee 24 months from date of first meeting; tinent objectives; (7) advise on international cooperation in science final report to be made during this period. and technology; (8) identify future national goals for science and technology; (9) report on significant trends in science and technology; TITLE IV-MISCELLANEOUS (10) review changing needs for national science policy; (11) main- tain liaison with National Science Board, and executive agencies, and 1 Authorization-Repeal-Amendment develop appropriate working relationships with National Security SEC. 401. Appropriations Authorized. Council and Domestic Council. SEC. 402. Conforming organizational provision. Personnel SEC. 403. Conforming amendment. SEC. 205. Director to appoint and fix compensation for required personnel. (B) EXPLANATORY NOTES Consultant and Other Services TITLE I-NATIONAL SCIENCE AND TECHNOLOGY POLICY SEC. 206. Director authorized to engage consultants and contract for studies. The logic of this title encompasses, first, an assertion of the impor- tance of science and technology to advance and support the national Other Federal Agencies welfare; second, a definition of the national goals for which science and SEC. 207. Authorization of support for Office from other Federal technology are relevant; third, a declaration of policy principles for agencies. science and technology supportive of the national goals; fourth, an Reorganization enumeration of implementing principles; and fifth, a somewhat more SEC. 208. (a) President may submit plans to reorganize the Office detailed catalog of implementing procedures. as appropriate until Jan. 3, 1982; (b) plan to become effective unless Throughout the development of this title, it was often noted by rejected by both Houses of Congress within 60 days; (c) and (d) Members of the Committee that the achievement of a completely satis- technical provisions. factory and permanent policy for science and technology was not feasible. But it was recognized that out of experience with a first pol- TITLE III-THE FEDERAL SCIENCE AND TECHNOLOGY SURVEY COMMITTEE icy statement it should be possible to refine and perfect the policy by successive amendment as the need became evident. Moreover, changes Organization in the national condition in the course of time can be expected to gen- SEC. 301. (a) (1) Establishes said Committee of five to twelve mem- erate a need for responsive future changes in the national policy for bers appointed by the President, with Director of Office serving as science and technology. chairman; (2) to have high professional qualifications, analytical What is presented in Title I is, accordingly, more than a provisional expertise, and balanced representation; (3) standard remuneration statement of national policy. of committee members. It is to be followed as a matter of law, subject to change by the (b) Staffing arrangements. processes of law. But the intention is to make clear that some degree of (c) Federal agencies may supply information and loan personnel to flexibility should be maintained, and that as the need for change is the Committee. recommended by those responsible, Congress will need to be responsive to such needs. Duties and functions The Committee has made an effort to assure that the policy em- SEC. 302. (a) Committee to survey total Federal science and tech- bodied in this title is as comprehensive, effective, and durable as nology effort to determine needs for (1) organization including insti- possible. The text has been subjected to extensive scrutiny by the scien- tutional realinement, (2) improvement of information systems, (3) tific and technological communities, by representatives of public and technology assessment, (4) technology innovation, transfer, and use, business groups, as well as by Members of Congress and the Office of (5) Federal-State, and Federal-industry cooperation, (6) Federal the President. Changes have been made in response to suggestions regulations and procedures retarding innovation, (7) broader base for from all these sources. It is the belief of the Committee that a sub- support of basic research, (8) integrating scientific and technological stantial consensus has been achieved. factors into national policy, (9) technical manpower, (10) scientific 30 31 Sec. 101. Findings of Congress ture, and keeping the policy (as well as the strategy) responsive to This section has two parts. The first part identifies ways in which the changing U.S. needs. An elaboration of the six principles follows: national welfare is dependent upon the products of science and tech- 1. National efforts are to be directed to the formulation and imple- nology; the second part identifies six broad national goals to which mentation of a set of strategies for the use of science and technology to science and technology should contribute. achieve national goals. The process is to take into account the views of In calling upon science and technology to support the general wel- States, municipalities and representative public groups. fare, security, resource utilization, and other social functions, it is The plural of "strategy" is intended to convey the concept that no recognized that programs need to be vigorous and selective. one grand strategy is appropriate, but that different strategies are At the same time, the impacts of science and technology upon required for different objectives; these concurrent strategies need to national and international events and trends require assessment and be harmonized in their planning and execution. In addition, each long-range future planning. Participation of those technically knowl- strategy requires its own comprehensive planing with respect to edgeable, as well as those politically and diplomatically sensitive, is scope, level, direction, and extent of scientific and technological effort. necessary to shape the consequences of science upon national and Finally, the conduct of each strategy requires the continuous appraisal international events and trends. of the role of science and technology for its support. The six broad national goals to which science and technology are 2. Science and technology are to be purposefully employed in a sys- called upon to contribute are (1) those of foreign policy, (2) a healthy tematic effort to enhance and strengthen the national economy. But national economy, (3) the special needs of food and energy, (4) the it is recognized that economic growth carries with it possible liabili- national security in its broadest sense, (5) the national health, and (6) ties that science and technology should also be mobilized to minimize: a satisfying total environment, natural and man-made, urban and i.e., the unnecessary or wasteful use of resources and the despoliation rural. of the environment. Economic growth, frugal resource use, and en- The first of these goals implies the purposeful use of basic science as vironmental quality are thus related as goals which science and tech- a bridge to the rest of the world through the shared satisfaction in nology should be employed to reach. scientific discovery. It also takes account of the growing role of tech- 3. Science and technology are to be used to support both domestic nology in shaping the ways in which nations and their peoples interact and foreign policy needs of the United States. In particular, the ex- with others in an increasingly interdependent world. port of U.S. technology is to be recognized as beneficial to developing The goal of a healthy national economy is coupled with the require- countries, but a proper subject for exchange with other developed ment that resources be frugally used, that essential industrial mate- countries. Moreover, as the rest of the world advances technologically, rials be managed to balance present needs against future needs, and U.S. exports can be expected to encounter increasing competition in that the controversy over growth versus non-growth be resolved world trade. Thus, a complex balance needs to be struck that involves through the achievement of a consensus on the extent and directions export and import of technology by the United States and the manage- of growth most acceptable to American society as a whole. ment of science and technology on a selective basis to enhance U.S. The goals of adequate food and energy, national security, and health industrial productivity in industries most compatible with the long- and medical care require no special elaboration. They are long-stand- range economic health of the United States as well as world economic ing and non-controversial. Moreover, the roles of science and technol- stability. ogy have long been paramount in their support. 4. Support is required for the institutions which train U.S. scien- With respect to the environmental goal, it is recognized that science tists and engineers. Opportunity for trained scientists and engineers to and technology have much to contribute, and that their contributions contribute to national goals is recognized as an incentive to their re- have not yet reached a level of parity with efforts in other directions. cruitment for training. Also recognized is the need to provide means Housing and urban and rural systems call for new definitions of by which scientists and engineers in overcrowded or obsolescent disci- national problems requiring for their solution systems not yet con- plines or fields can adjust their careers to changed national needs by ceived. The statement of this national goal in the context of science further education or retraining. and technology is a planned incentive to encourage initiatives in these 5. It is necessary to develop a strong national foundation for science directions. and technology. There are five essential components of this: first, the Sec. 102. Declaration of Policy cooperation and participation of Federal, State, and local govern- Subsection (a) of this section is the core of the proposed national ments and of the public and private sectors; second, the encourage- policy for science and technology. It is a declaration calling for adher- ment of pluralism in science and technology-in terms of diversity ence to these principles: a comprehensive set of strategies for science of interests and directions of creativity, as well as of institutions par- and technology, fostering the national economy, balancing U.S. do- ticipating in the process of innovation; third, the effective manage- mestic and foreign policy needs, maintaining the requisite technical ment and use of scientific and technological information; fourth, in manpower, sustaining a solid scientific and technological infrastruc- the fields of science and technology, standards and methods of testing 32 33 are indispensable, and are a legitimate part of the total enterprise; and fifth, public awareness, understanding, appreciation, and ac- the encouragement of cooperative working relations among these dif- ceptance of the constructive role of science and technology are basic to ferent parts of the system. Characteristically, the kind of information the stability and soundness of total national activity in areas of sci- addressed here is reviewed or "refereed" to certify its technical sound- ness and accuracy. ence and technology. 6. It is necessary to recognize that world and national conditions 3. Among the categories of science and technology that the Federal that shape U.S. goals and needs will change in the course of time. It is Government should deem "appropriate" for its support are those in- volving large costs, high risks, long times from initiation to results, also necessary to recognize that the structure, directions of competence, and very large mobilization of technical resources. Some but not nec- and degrees of relevance of parts of the scientific and technological re- essarily all of these criteria need to be satisfied. The one overriding sources of the United States are subject to change over the years. consideration is that such efforts, to merit this support, should be Accordingly, the national policy for science and technology will re- "expected to provide results beneficial to the public." It is also impor- quire periodic review and adjustment to assure its continued appropri- ateness in dealing with the needs of the future. This review and adjust- tant that there be evidence that the private sector is unable or unwill- ing to support such efforts. ment are an explicit charge upon the Federal Government. Subsection (b) establishes six modes of implementation. They in- 4. The intent of this clause is not to set up jurisdictional barriers in the allocation of science and technology programs to various levels volve: central planning and coordination; information management; of government. Instead it prescribes a requirement that the locus of publicly supported science and technology; division of responsi- control be appropriate to the primary interest, while calling for co- bility with the States, local governments, and private entities; alloca- tion of public effort to science and technology in relation to other operative relationships among Federal, State, and local governments and between the public and private sectors. competing activities; and the assurance of information to Congress 5. Science and technology contribute importantly to many different about the totality of the science and technology effort. national goals and programs. Basic science underlies much of the na- An elaboration of these provisions follows: tional capability in industrial technology. It is in the national interest 1. It is recognized that in at least five functional areas the imple- to assure that an adequate national effort is sustained in science and mentation of the national policy for science and technology requires technology, balanced against other important and competing require- central planning, coordination, direction, and representation-(a) ments for available resources to meet national needs. The intent of the identification of public problems and objectives to which the con- this paragraph is to call for orderly means of analysis and assessment tributions or impacts of science and technology are relevant; (b) the by which these competing programs are funded and supported to unified mobilization of scientific and technological resources in sup- meet public needs. port of essential national programs; (c) participation in the budg- 6. The roles of the Congress in the formulation of national science etary and appropriation process to secure funding support for pro- and technology policy, in the appropriation of funds to support spe- grams for which scientific and technological resources are to be mobi- cific programs and activities, and in the monitoring of these policies, lized; (d) identifying future program directions requiring such mobi- programs, and activities, require that Congress be regularly informed lization, and preparing for them; and (e) review of the adequacy of them. Initially it was the thought of the Committee that an annual and effectiveness of national policy for science and technology, in report on the national condition of science and technology should be order to recommend to the Congress any needed changes in Title I mandatory. However, it was concluded that reporting should not be of this Act. 2. Particular attention is directed to the vital role of the information determined by the calendar but rather by the conditions that war- ranted the informing of the Congress on the need for action. In the function as the underpinning of science and technology, and to facili- interest of avoiding unnecessary reports and manpower drain, the tate the effective use of their products. The specifications of a sound term "regularly" is interpreted here to mean "as required, but with national program of technical information management are that (a) reasonable frequency." those who need technical information should be able to secure it Subsection (c) delineates procedures to help implement the policy. promptly; (b) the information itself needs to be systematically col- These deal with Federal procurement policy, program criteria, insti- lected, reviewed for reliability, stored, assessed for modernity, and tutional criteria, patent policy, antitrust policy, interdiscipline ap- suitably "packaged" or prepared for delivery to the user. Many differ- proach; Federal laboratory management, goals of State and local ent arrangements currently are available for carrying out these func- governments, recognition of scientific and technological achievement, tions or parts of them. The particular thrust of this clause is to recog- technology assessment, and data exchange among Federal agencies. nize the importance of the entire arrangement as a national technical The rationale behind these procedures is: information system, to define its goals and purposes, and to acknowl- 1. It is to be recognized that the Federal Government is a major edge the Federal Government's responsibility for participating in it. purchaser of goods and services. In this role, the Government can Such participation is defined as including: the generation and supply exert a positive and constructive influence on the market place and of information from Federal programs of science and technology, the on U.S. suppliers. It is proposed that this influence be extended to the funding or support of various parts of the total national system, and encouragement of good conservation practice (of materials, energy, 34 35 and dollars), to good environmental practice, and to enhance product 7. The clause on management of laboratory equipment and facilities performance. 2. The criteria on which action is based to determine the direction is to call attention not only to the opportunities for economy but also to the possibilities for stimulating research in valuable directions. and extent of Federal support for research and development have 8. The provision that science and technology be used to support raised persistent questions. The intent of this clause is to seek further State and local government goals is to generate program activities in effort to refine the criteria. Among the suggestions offered are: making the Federal Government to maintain contact with technical people at the criteria explicit, the use of cost-effective principles and defining other levels of government, to encourage joint planning and informa- the nature of the problems being attacked. Problem criteria would in- tion exchanges, and to help define explicit goals which science and clude: time to fulfillment, geographic spread, and economic diffusion. technology might further. 3. A related question is that of the institutional criteria to be applied. 9. Recognition of outstanding achievements of science and tech- In this area it is proposed that, for science and technology generally, nology has always been an element of national and international prac- the criteria should be: quality of research, stability of funding, and tice. This clause, however, is to distinguish those whose contributions timeliness of results. In the particular area of basic research, three particularly serve the public interest. The execution of this function criteria to be applied are the meeting of specialized educational needs, requires not only the identification of outstanding achievements in the generation of a base of scientific knowledge for use in future needed science and technology but also their assessment in terms of public technological development, and the creation of cultural values. utility. 4. The management of the U.S. patent system to encourage the 10. This clause proposes the test of social merit as a gauge of Fed- progress of science and useful arts has been the subject of repeated eral support for particular programs of science and technology. More- study and analysis. The policy proposed in this paragraph is to move over, in assessing the probable value of any particular program it is toward uniformity in the principles of patent management. The scope also essential that possible injurious consequences also be assessed of the paragraph encompasses two areas of invention: patentable ideas since-to the extent that injurious consequences cannot be dimin- in general and those developed under Federally funded programs. ished-they detract from the social merit of the program. For both areas it is proposed that a balance be sought between (a) the 11. The generation of scientific and technological information by preservation of incentives for technological innovation, and (b) as- the mission-oriented agencies of the Federal Government tend to flow sured use of beneficial technology to serve the public. readily to their constituents or clients among the public but less readily 5. The national concern over competition versus monopoly has led to to other potential users in other Federal agencies. This clause requires the creation of a considerable body of administrative law in the field that each Federal agency generating such information make a positive of antitrust enforcement. Monopolies are sometimes charged with effort to get it to other appropriate agencies, and that each agency restraining not only trade but also innovation. On the other hand, the needing such information make a positive effort to secure it from enforcement of competition when it is extended to the field of indus- agencies possessing it. trial research and development, may serve not only to reduce competi- tion but also to retard innovation. In particular, some fields of in- TITLE II-OFFICE OF SCIENCE AND TECHNOLOGY POLICY quiry (pollution abatement, metallurgical testing and alloy develop- ment, recovery of value from industrial wastes, and the like) can be Sec. 201. Short Title. beneficial to an entire industry and to the public as well. It is proposed Sec. 202. Establishment of Office. in this clause that within the sphere of antitrust rationale there should The establishment of the Office of Science and Technology Policy be room for competing firms to cooperate in certain kinds of industrial represents a compromise between the Committee's original Proposal in research and development. One desirable outcome could be the estab- lishment of ground rules for acceptable kinds and procedures of such H.R. 4461 for a Council of Advisers on Science and Technology and cooperation by competing firms. the Administration's proposal in H.R. 7830 for an Office as designated above. It is intended that the Office would function much the same, 6. The intent of the "interdisciplinary" clause is to encourage a closer and more constructive relationship among the various scientific whether the new organization is called an "Office" or a "Council." disciplines. It is sometimes alleged that in academic institutions there Sec. 203. Director-Assistant Directors. is a tendency for the practitioners of different disciplines to remain The Administration's Bill H.R. 7830 called for a Director of the apart, while in mission-oriented agencies of government, and in indus- Office and a Deputy Director-appointed by the President, but not trial organizations that serve such agencies, it is recognized that the requiring confirmation by the Senate. The Committee devised an ar- practitioners of many disciplines need to work together to solve com- rangement which calls for the appointment of a Director of the Office plex problems of modern technological systems. Encouragement in to be appointed by the President, by and with the advice and consent academic institutions of closer relationships among the disciplines of the Senate. Provision is made for the appointment by the President not only contributes to problem solving abilities, but provides a valu- of up to four Assistant Directors. The intent is to allow maximum able source of cross-fertilization useful to the disciplines themselves. flexibility to the President in organizing the Office, but to insure that Congress plays a significant role in the selection of the Director. 36 37 Further, it is intended that the Director and such Assistant Directors time for the Administration which takes office in 1981 to assess the as may be appointed will be available to Congress from time to time Office of Science and Technology Policy, along with other components as witnesses to provide advice and counsel on matters of concern to the of the Executive Office, before the authority to reorganize expires or is Congress and which are related to the functions assigned in Title II. renewed. Sec. 204. Functions TITLE II--THE FEDERAL SCIENCE AND TECHNOLOGY SURVEY COMMITTEE In setting forth the functions of the Director, substantial responsi- bilities were added to those proposed in the Administration's bill, Secs. 301 and 302. Organization and Functions H.R. 7830. The overall intent is for the Director to be the President's Titles III and IV of the Committee's original Bill, H.R. 4461, pro- chief policy adviser and assistant with respect to scientific and tech- posed the establishment, respectively, of a new Department of Re- nological matters affecting national decisions and the national interest. search and Technology Operations and a Science and Technology In- A broad range of responsibilities have been incorporated in the legis- formation and Utilization Corporation. A consensus did not develop lation as a means of taking into account the profound impact of sci- on these proposed organizations, and it became clear that more study ence and technology on society, and the interrelations of scientific, was required on many important issues in such areas as organizational technological, economic, social, political, and institutional factors. reform, scientific and technological information, use and analysis of It is expected that the Office be involved on a continuing basis with science and technology, and Federal-State as well as Federal-industry a broad range of domestic, foreign, and national security problems, liaison and cooperation in science and technology. both near-term and long range, and that it will work closely with To conduct studies on such subjects and others, Title III provides other organizations of the Executive Office of the President. The Office for a Federal Science and Technology Survey Committee to be estab- is intended to give particular attention to a function which has not lished as part of the Office of Science and Technology Policy, or in always had high national priority the identification and assessment such other manner as the President may direct. Alternatives consid- of emerging and future areas where science and technology can be used ered and discarded included a Presidential Commission, a Joint Pres- effectively in achieving national goals and objectives. While a broad idential-Congressional Commission, a Congressional Commission, and range of responsibilities has been assigned to the Office, it is designed a Survey Committee established separate and apart from the Office of in a way to permit maximum flexibility for using its capabilities to Science and Technology Policy. meet the needs of the President in carrying out his responsibilities. Essentially, the alternatives not selected were dropped for such Sec. 205. Personnel reasons as expense, logistics complexity, high demands on the time of The intent of this section is to give the Director a wide range of over-extended Members of Congress, possible conflict with the new choice in the selection and appointment of personnel to carry out the Office of Science and Technology Policy, and probable redundancy functions assigned to the Office. with some of the functions assigned to the new Policy Office. The intent of the specific construction of Title III is to provide for Sec. 206. Services a thorough examination and extended study of a number of issues It is not expected that the Office will necessarily be staffed to handle using a relatively simple, streamlined organization structure. Con- all of its functions internally; therefore, provision is made in this gressional influence will be evident as follows: section for the Director to enter into contracts and other arrangements The legislation calls for the selection of Survey Committee mem- for studies, analyses, and other assistance through public agencies and bers who are exceptionally qualified, distinguished individuals and with private persons, organizations or institutions which would aid in who come from a variety of fields; a broad variety of subjects are as- the performance of those duties prescribed in Section 204 or others signed for the Survey Committee to study, examine, and analyze in which may be directed by the President. the overall context of Federal science and technology effort; and the Sec. 207. Agency Assistance Survey Committee's report is to be transmitted to the Congress as Again, as in Section 206, it is not intended that the Office be staffed written, together with such comments, observations and recommenda- permanently to carry out all of its responsibilities, including those tions as the President deems appropriate. To the objection raised by involving temporary undertakings; therefore, provision is made for some that the report may reflect only what the President wants it to the Director to call upon Federal agencies for necessary assistance, say, the response lies (a) in the selection of the individuals referred to with the consent of the agencies involved. earlier, and (b) in the fact that the Congress is not precluded from nor expected to refrain from its own parallel inquiries in developing Sec. 208. Reorganization a base of information for further action. The purpose of this section is to provide the President with continu- Sec. 303.-Termination ing flexibility to modify the Office as times and circumstances may change; yet, Congress is given a strong voice in any such recom- The purpose of allowing 24 months for the life of the Survey Com- mended changes. The reason for requiring each House to act in dis- mittee from its first organizational meeting is to permit adequate time favor of any reorganization plans submitted is to provide for thorough to accomplish, its broad mandate under the bill. debate and Congressional consensus. The 1982 date is designed to allow 38 39 COMMITTEE ACTIONS a single cabinet-level department; placing those agencies primarily or solely concerned with fuels, energy and materials, within a single TITLE I cabinet-level department; or a combination of the two. SEC. 101 (a) .-This paragraph deals with the influence of large An important reason for this is that the two most specific and and complex scientific fáctors upon the course of national and inter- thoroughly prepared plans for an R&D department to surface in mod- national events which requires appropriate provision for incorporat- ern times have been an outgrowth of this legislation. One was the title ing scientific and technological knowledge in the national decision- in the original Teague-Mosher bill (H.R. 4461) establishing a Depart- making process. The paragraph was amended to emphasize the intent ment of Research and Technology Operations; the other was the plan that long-range inclusive planning as well as more immediate pro- offered to the committee during hearings by Rep. McCormack of gram development should be part of the national decision-making Washington for a Department of Science, Technology, Energy and Materials. process. SEC. 102 (c) -This paragraph deals with Federal patent policies. Sec. (b) (1) .-This paragraph calls for the submission of a re- It was amended slightly SO as to bring the language into conformance port by the Federal Science and Technology Survey Committee to the with the existing body of patent law. President upon completion of its assignment. The paragraph was SEC. 102 (c) (5).-This paragraph deals with antitrust regulation. amended slightly to insure that the Committee report would include It was amended slightly SO as to bring the language into conformance recommendations as well as findings and conclusions. with the existing body of antitrust law. COMMITTEE VIEWS TITLE II Scientific and Technological Information Dissemination and SEC. 204 (b) (5).-The subject of this paragraph is periodic reviews Utilization of Federal statutes and administrative regulations affecting research Sec. 302 of Title III sets forth the duties and functions of the Fed- and development activities. It was amended to clarify the intent which eral Science and Technology Survey Committee. As discussed in the is to minimize interference with desirable technological innovation. Explanatory Notes section for Title III, a consensus did not develop on SEC. 204 (b) (6).-The subject of this paragraph is criteria for de- a proposed Science and Technology Information and Utilization termining scientific and technological activities warranting Federal Corporation. However, the Committee expressed its view that the sub- support. It was re-worded to achieve editorial clarity. ject of scientific and technological information dissemination and util- SEC. 208 (b) .-This paragraph permitted action by the President ization should have a high priority in the activities of the Federal and the Congress on any plan to reorganize the new Office submitted Science and Technology Survey Committee. before January 3, 1980. The paragraph was amended to change the Survey Committee Reports date to 1982 SO that the reorganization authority would not expire at the beginning of a new Administration. Although Sections 302 and 303 of Title III specify the procedures for submitting a final report to the Congress of the Federal Science and Technology Survey Committee, it is urged that appropriate in- TITLE III terim reports be considered. The Committee believes that interim re- SEC. 301 (a) (1).-This paragraph provides for the establishment ports on certain subjects may prove timely and useful to the Congress of a Federal Science and Technology Survey Committee as part of the as well as to the Administration. Office of Science and Technology Policy. It called for appointment of Membership of the Survey Committee the Committee members bv the President not more than 90 days after The conviction was expressed by the Committee that membership the confirmation of the Director of the Office of Science and Tech- on the Federal Science and Technology Survey Committee should nology Policy. The paragraph was amended to allow the appoint- ment period to begin from the time the Director of the Office of Science include working scientists and engineers along with individuals more and Technology Policy actually assumed office since often there is a closely linked with administration and general public affairs. The Committee believes that the Survey Committee should not be domi- gan between confirmation and assumption of office. SEC. 302.-This section provides for the duties and functions of the nated by any one group, and that careful attention should be devoted Federal Science and Technology Survey Committee and specifies to achieving a proper balance among persons chosen to serve. certain areas to be examined. Further illustration may be found in the necessity to consider issues Sec. (a) .-Identifies the subject of "organizational reform." of science information policy along with more general policy issues— The paragraph was amended to include more direct guidelines as to and thus the parallel desirability of having the expertise of the science- the possible types of institutional realignment which should be con- information industry represented on the Committee. sidered as part of the Survey Committee's activities. Specifically, the Staffing and Priorities for the OSTP Survey Committee is asked to consider several possibilities as follows: At the time the Administration submitted its Bill (H.R. 7830), placing Federal agencies whose missions are primarily or solely de- a staffing requirement of about 15 was estimated for the Office of voted to scientific and technological research and development within 40 41 Science and Technology Policy. The legislation now recommended by ESTIMATE AND COMPARISON BY THE CONGRESSIONAL the Committee includes a number of additional functions under Title BUDGET OFFICE II. Therefore, concern has been expressed that the original staffing estimate will be inadequate to cope with the broad range of important Pursuant to section 403 of the Congressional Budget Act of 1974, functions assigned to the Office of Science and Technology Policy. the following estimate and comparison prepared by the Director of It is recognized that provision is made for the Office to draw upon the Congressional Budget Office has been received: outside consultants, other Federal agencies and especially the Na- No report from the Office had been received as of the date of this tional Science Foundation and the Domestic Council. However, the report. Committee requests that a report be made to the Congress on the OVERSIGHT ACTIVITIES entire personnel-functions relationship at the end of the first year of The requirements of Rule XI, Clause 2(1) (3), and Rule X, Clause operations by the Office. (b) (1), of the Rules of the House of Representatives would not Relationship of OSTP With Office of Telecommunications Policy appear to be directly applicable in connection with this bill since it The Committee notes that other committees of the Congress have does not deal with existing agencies or programs. However, it should been examining the role of telecommunications as an industry in the be noted that the Committee has worked on the matter contained in United States. It has been concluded that telecommunications has be- this bill since early 1973. It has held two sets of background and come a very important element in the economic sector and will become investigative hearings, in 1973 and 1974, and another set of hearings increasingly so in the future. on the legislation here proposed, on June 10, 11, 17, 19 and 23 of 1975. Therefore, while Section 204(b) (11) under Title II does not specify that the Office of Science and Technology Policy will maintain liaison OVERSIGHT FINDINGS AND RECOMMENDATIONS BY with the Office of Telecommunications Policy, maintaining such liai- THE COMMITTEE ON GOVERNMENT OPERATIONS son is the intent of that part of the clause which reads "all councils and offices of the Executive Office of the President". Clearly, research Pursuant to Rule X, Clause 2(b) (2) of the Rules of the House of and development matters related to telecommunications should be an Representatives, the following findings and recommendations made by important concern of the Office of Science and Technology Policy, as the Committee on Government Operations have been received well as the reverse situation. No statement of findings and recommendations was received as of the date of this report. Dual Congressional Responsibility It is recognized that several sections of H.R. 10230 involve matters EFFECT OF LEGISLATION ON INFLATION that are of appropriate jurisdictional interest and concern to the Com- mittee on Government Operations. These are Section 208, which pro- In accordance with Rule XI, Clause 2(1) (4), of the Rules of the vides limited authority for the President to reorganize the new Office House of Representatives this legislation is assessed as having no infla- of Science and Technology Policy subject to Congressional approval, tionary effects on prices and costs in the national economy. and Section 402, which repeals parts of Reorganization Plan No. 2 of Neither the new Office of Science and Technology Policy nor the 1962 and of Reorganization Plan No. 1 of 1973. temporary Survey Committee, of themselves, are of a magnitude to The Committee wishes to make clear that it understands that any exert any economic influence. Meanwhile, it is hoped and expected reorganization plans which may be forwarded to Congress under Sec- that their operations will eventually result in improved and more tion 208 in the future will come under the jurisdiction of the Committee efficient utilization of technology with a consequent improvement in on Government Operations in accordance with the Rules of the House national economic stability. of Representatives. It is further understood that such general over- sight responsibilities relative to the Office of Science and Technology FEDERAL ADVISORY COMMITTEE ACT Policy as reside in the House also fall within the purview of the Committee on Government Operations. Section (b) of the Federal Advisory Committee Act (P.L. 92-463) With regard to Section 402, the repeals involved refer only to parts requires that Congressional committees indicate if legislation they are of former reorganization plans which have already been superseded sponsoring creates a new "advisory committee" and, if so, whether the by subsequent plans or made obsolete by this Act. The section was operations of such committee could be performed by one or more included in the bill at the request of the Administration and is solely agencies or by an advisory committee already in existence, or by en- for purposes of legislative conformance and clarity. larging the mandate of an existing advisory committee. Legislation in- It is the Committee's intent to bring this bill to the House floor under volving any such new committee must meet certain requirements de- an open rule; it is not the intent of the Committee to object to appro- fined in that section. priate amendments regarding the foregoing provisions if offered by This Committee does not consider the Federal Science and Tech- the leadership of the Committee on Government Operations. nology Survey Committee established in Title III to come within the meaning of the aforementioned statute. The Survey Committee's pri- 43 42 mary function is one of fact-finding and delineation of possible needs Creation of an Office of Science and Technology Policy will provide and operational options rather than advice. However, it is also this an important new source of advice on scientific and technical aspects of issues requiring attention at the highest levels of Government. I Committee's view that all of the requirements of section 5 (b) of that look forward to early final approval of this bill by the House of Rep- Act have been met with respect to the Survey Committee. resentatives and the Senate. Sincerely, COST AND BUDGET DATA GERALD R. FORD. The bill authorizes such sums as may be necessary to carry out its provisions. On the basis of information provided by the Administra- CHANGES IN EXISTING LAW MADE BY THE BILL, AS tion as to the expected level of operation of the new Office, as well as REPORTED data developed independently by the Committee, it is estimated that annual costs will be approximately $2.1 million for the Office of In compliance with clause 3 of Rule XIII of the Rules of the House Science and Technology Policy (Title II) and $1 million for the two- of Representatives, changes in existing law made by the bill, as re- year activities of the Federal Science and Technology Survey Com- ported, are shown as follows (existing law proposed to be omitted is mittee (Title III). enclosed in black brackets, new matter is printed in italics, existing The original personnel estimate of the Administration for the Office law in which no change is proposed is shown in roman) : was from 10 to 15 professionals. With the additional functions added by the committee, however, it is estimated that the personnel figure REORGANIZATION PLAN No. 2 OF 1962 is likely to reach from 20 to 30 eventually, with supporting staff of Prepared by the President and transmitted to the Senate and the 10 to 15. House of Representatives in Congress assembled, March 29, 1962, In accordance with Sec. 252(b) of the Legislative Reorganization pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. Act of 1970, the Committee notes that longer range operations of the 203, as amended. Office will depend largely upon Executive initiatives as modified by the determinations of the Appropriations Committees of both Houses. If CERTAIN SCIENCE AGENCIES AND FUNCTIONS planned programs remain unchanged and a constant level of effort is expended, there should be no change in costs other than those oc- PART I-OFFICE OF SCIENCE AND TECHNOLOGY casioned by inflation or pay increases. [SECTION 1. Office of Science and Technology. There is hereby COMMITTEE RECOMMENDATIONS established in the Executive Office of the President the Office of Science and Technology, hereafter in this Part referred to as the A quorum being present, the Committee unanimously ordered the Office. bill favorably reported. [SEC. 2. Director and deputy. (a) There shall be at the head of the Office the Director of the Office of Science and Technology, hereafter ADMINISTRATION VIEWS in this Part referred to as the Director. The Director shall be ap- pointed by the President by and with the advice and consent of the The following communication from the President sets out the Ad- Senate and shall receive compensation at the rate of $22,500 per ministration's views on H.R. 9058, which is substantially the same as annum. H.R. 10230. [(b) There shall be in the Office a Deputy Director of the Office of THE WHITE HOUSE, Science and Technology, who shall be appointed by the President Washington, October 8, 1975. by and with the advice and consent of the Senate and receive com- Hon. OLIN E. TEAGUE, pensation at the rate of $20,500 per annum. The Deputy Director Chairman, Committee on Science and Technology, House of Repre- shall perform such functions as the Director may from time to time sentatives, Washington, D.C. prescribe and shall act as Director during the absence or disability DEAR MR. CHAIRMAN Thank you for the prompt attention you have of the Director or in the event of vacancy in the office of Director. given to my proposal for creating an Office of Science and Technology [(c) No person shall while holding office as Director or Deputy Policy in the Executive Office of the President. Director engage in any other business, vocation, or employment. Members of my staff and I have reviewed the September 16th ver- [SEC. 3. Transfer and performance of functions. (a) There are sion of the substitute bill, H.R. 9058, developed by you and Congress- hereby transferred from the National Science Foundation to the man Mosher. This bill, while somewhat different from the one I sub- Director: mitted on June 6, is acceptable and I will support it if your Committee [(1) So much of the functions conferred upon the Foundation by and the full House approve it essentially as it now stands. I also want the provisions of section (a) (1) of the National Science Founda- to thank you and Congressman Mosher for your leadership on this tion Act of 1950 (42 U.S.C. 1862(a) (1)) as will enable the Director matter and for the cooperative manner in which our staffs have been to advise and assist the President in achieving coordinated Federal able to work on the bill. 44 45 policies for the promotion of basic research and education in the sciences. provided for individuals in grade GS-15 of the General Schedule [(2) The functions conferred upon the Foundation by that part of under section 5332 of such title, as may be necessary to provide for the section 3 (a) (6) of the National Science Foundation Act of 1950 performance of such duties as may be prescribed by the Board in con- (42 U.S.C. 1862 (a) (6)) which reads as follows: "to evaluate scientific nection with the exercise of its powers and functions under this Act. research programs undertaken by agencies of the Federal Govern- Each appointment under this subsection shall be subject to the same ment." security requirements as those required for personnel of the Founda- [(b) In carrying out the functions transferred by the provisions tion appointed under section 15(a). of section (a) of this reorganization plan, the Director shall assist [(i)] (h) The Board is authorized to establish such special commis- the President as he may request with respect to the coordination of sions as it may from time to time deem necessary for the purposes of this Act. Federal scientific and technological functions and agencies. (c) The Director may from time to time make such provisions [(j)] (i) The Board is also authorized to appoint from among its as he deems appropriate authorizing the performance of any of his members such committees as it deems necessary, and to assign to com- functions by any other officer, or by any employee or agency, of the mittees SO appointed such survey and advisory functions as the Board Office. deems appropriate to assist it in exercising its powers and functions [SEC. 4. Personnel. The Director may appoint employees necessary under this Act. for the work of the Office under the classified civil service and fix their compensation in accordance with the classification laws.] * * * * * * * SECTION 2 OF REORGANIZATION PLAN No. 1 OF 1973 [SEC. 2. Transfer of functions to the Director, National Science Foundation.-There are hereby transferred to the Director of the Na- tional Science Foundation all functions vested by law in the Office of Science and Technology or the Director or Deputy Director of the Of- fice of Science and Technology.] SECTION 4 OF THE NATIONAL SCIENCE FOUNDATION AcT OF 1950 NATIONAL SCIENCE BOARD SEC. 4. (a) * * * * * [(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 dis- ciplines. 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)] (g) 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 provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 of such title relating to classi- fication, and compensated at a rate not exceeding the appropriate rate ADDITIONAL VIEWS OF HON. GEORGE E. BROWN, JR. The "National Science and Technology Policy and Organization Act of 1975" is an important step in the evolution of science and tech- nology in the United States. The history of this Act serves to under- score the importance of this legislation, and those who have been in- volved with the drafting, hearings, briefings and negotiations on this Act deserve praise for their diligent efforts. The purpose of these addi- tional views is not to detract from this accomplishment, nor disagree with the thrust of this legislation. Rather, I wish to emphasize one aspect of the "National Science and Technology Policy and Organiza- tion Act of 1975" to eliminate any ambiguity about the Congressional intent. That aspect is the implicit planning function of the newly- created Office of Science and Technology Policy. Section 101 (a) of this Act states: The Congress, recognizing the profound impact of science and technology on society, and the interrelations of scientific, technological, economic, social, political, and institutional factors, hereby finds and declares: (1) That the general welfare, the security, the economic growth and stability of the Nation, the conservation and efficient utilization of its natural and human resources, and the effective functioning of government and society require vigorous, perceptive support and employment of science and technology in achieving national objectives; and (2) That the many large and complex scientific factors which increasingly influence the course of national and international events require appropriate provision, in- volving long-range, inclusive planning as well as more immediate program development, to incorporate scientific and technological knowledge in the national decision- making process. In addition, Section 102 (b) (1) states: "The Federal Government should maintain central policy planning elements in the executive branch What is not explicitly assigned is the responsibility to do these plan- ning functions. This omission was noted by the Committee, and is the main reason for adding to the duties and functions of the Federal Science and Technology Survey Committee, which is created by this Act, the requirement to survey, examine and analyze such areas as "organizational reform" (Section 302 (a) (1)), "improved systems for planning and analysis of the overall Federal science and technology budget" (Section 302(a) (10)) ; and "the conduct of long-range study, analysis and planning in regard to the application of science and technology (11)). to major national problems or concerns" (Section 302 (a) (47) 48 49 This legislation clearly addresses the need for improving the Fed- to the Office of Science and Technology Policy, which is created by this eral planning and analysis function for both immediate and long-term Act, instead of waiting for the Federal Science and Technology Survey problems. What may not be as obvious to the casual reader of this Act Committee to report back on this subject. Indeed, the AAAS "White is that failure by the Federal government in these areas could com- Paper" warned that "the danger to be guarded against is that long- prise its "Achilles' heel." Thus the development of the planning func- range policy planning may be driven out by demands for quick re- tion may well be crucial to the entire process by which national goals sponse staff work for the White House." In our budget authorization are supposed to be achieved. process this spring, we saw this problem over and over again. The The report of the National Academy of Science's ad hoc Committee ERDA budget was presented as a fragmented set of programs with- on Science and Technology "Science and Technology in Presidential out true priorities, and only the Congressionally required plan sub- Policymaking" stated that: mitted in June has given us any chance of assessing the whole pro- The committee has been especially struck by the lack of gram. Similarly, as my own Subcommittee on Environment and the capability for long-range policy research and analysis, which Atmosphere exercised our Committee's new authorization jurisdic- would examine continuously the longer run implications of tion of the EPA research and development budget for the first time, current budget decisions and other policies and would seek to we discovered not only that there was little planning which would help anticipate problems that will face the President and the Con- us assess the relative needs and responsibilities of EPA and ERDA gress in future years.-Only within the National Security with respect to energy related environmental R&D, but that there Council is the potential of policy research and analysis sys- was also almost no long-range assessment of a research strategy within tematically exploited; elsewhere it is to be found at the level EPA itself, or a division of labor between EPA and the many other of the mission departments and agencies. Its value at that agencies active in environmental R&D. (The Subcommittee did put an level should not be discounted, but neither should its potential annual plan requirement into the authorization bill as finally passed at higher levels be ignored. by the House.) The annual reviews of NASA and NSF programs also Similarly, the American Association for the Advancement of Sci- grapple continuously with the problems of under-utilized facilities ence's "White Paper," "Organization for Science and Technology and disjointed programs, whose importance is almost impossible to in the Executive Branch" emphasized that: judge budgetarily in the absence of a unifying long-term framework. Because of this experience with other agencies, and the hopes of The strategic planning dimension requires deliberate at- all of us who have worked on H.R. 10230 that through it we will tempts to develop assessments of the quality and productivity succeed in sloving these problems, I would like to suggest some lan- of science and technology and to develop long-range goals for guage that the Survey Committee might consider as an addition to the them in relation to the position of the United States at home functions of the Office of Science and Technology Policy. and in the world. The importance of this role is obvious if science and technology are to be approached in investment Suggested Addition to Section 204, "Functions of the Director of the terms rather than simply as year-to-year work programs. Office of Science and Technology Policy" These important Academy and AAAS documents on needs in science Section 204(c) policy represented a consensus which included some of the most ex- perienced and thoughtful members of the academic, industrial and The Director shall further advise and assist the President in the governmental technological communities. Moreover, from within the preparation of a Long-Range Science and Technology Planning Re- administration, Russell Train has written about the need for long- port (hereinafter referred to as the "Planning Report") which shall range planning related to problems of energy, food, resources supply, be submitted by the President to the Congress on the first January 1st population and uncontrolled growth: which occurs more than 12 months after the enactment of this Act, with an annual update of the Planning Report to be submitted on To begin to deal with these problems-indeed, even to begin January 1st of subsequent years. The Planning Report shall make use to ask the right questions, we should develop an effective of the information developed as a result of actions specified in para- institution in the federal government for long-range analysis graphs 6, 8, 9, and 10 of subsection (b) of this section, and be an exten- of the problems-we [are]-almost totally lacking such a ca- pability-an appalling lack in the nation with as big a stake shall include: sion of the actions required in those paragraphs. The Planning Report in the future as the United States. What is important and (1) an assessment of the most probable technological problems urgent is that they [offices of long-range analysis] be estab- of the following 5, 10, 25 and 50 years, as judged from plausible lished as competent and continuing institutions whose cum- scenarios of economic, demographic, social, resource supply, and ulative efforts will enable us, as a nation, to come to grips with environmental developments in those time interests. The Planning the kinds of problems that will increasingly confront us in a Report shall be prepared consistently and in coordination with new age of scarcity and interdependence. long-range planning and projections of the Council of Economic Though this kind of long-range strategic policy planning may seem Advisors, the Council on Environmental Quality, the Domestic perfectly obvious, it is perhaps a mistake not to mandate this function Council, the National Security Council, the Office of Management 50 and Budget, and other components of the Executive Office, and shall make maximum feasible use of the forecasting and other resources of those offices. The Planning Report shall be prepared in consultation with regional, state and local government planning authorities, and in coordination with plans and projections of the private economic sector. (2) a determination of priorities in research anad development efforts consistent with the assessment of technological problems of paragraph (1) of this subsection. (3) a suggested division of labor within the federal research and development establishment, and between it and state, local and private research institutions, aimed at most effectively deal- ing with the problems and priorities of paragraphs (1) and (2) of this subsection. (4) an assessment of the levels of effort needed to deal with the problems, priorities, and division of labor determined in para- graphs (1), (2) and (3) of this subsection. These levels should be suggested in detail for the various components of the federal research and development program, but their relationship to pro- jected levels of effort in state and local government and private sector programs shall also be indicated. (5) an assessment, prepared cooperatively with regional, state, and local jurisdictions, of technological needs on a local level, along with plans to promote local efforts to mobilize technological effort for a few distinct but conceivable alternative scenarios to those considered most likely in reaching the assessment of para- graph (1) of this subsection. GEORGE E. BROWN, Jr. 94TH CONGRESS SENATE REPORT 2d Session No. 94-765 SCIENCE AND TECHNOLOGY POLICY APRIL 26, 1976.-Ordered to be printed Mr. KENNEDY, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany H.R. 10230] The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 10230) to establish a science and technology policy for the United States, to provide for scientific and technological advice and assistance to the President, to provide a comprehensive survey of ways and means for improving the Federal effort in scientific research and information handling, and in the use thereof, to amend the National Science Foun- dation Act of 1950, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amend- ment insert the following: That this Act may be cited as the "National Science and Technology Policy, Organization, and Priorities Act of 1976". TITLE I-NATIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY AND PRIORITIES FINDINGS SEC. 101. (a) The Congress, recognizing the profound impact of science and technology on society, and the interrelations of scientific, technological, economic, social, political, and institutional factors, hereby finds and declares that— (1) the general welfare, the security, the economic health and stability of the Nation, the conservation and efficient utilization of its natural and human resources, and the effective functioning of government and society require vigorous, perceptive support 57-010 0 2 3 and employment of science and technology in achieving national (10) promoting the conservation and efficient utilization of objectives; the Nation's natural and human resources; (2) the many large and complex scientific and technological (11) improving the Nation's housing, transportation, and com- factors which increasingly influence the course of national and munication systems, and assuring the provision of effective public international events require appropriate provision, involving long- services throughout urban, suburban, and rural areas; range, inclusive planning as well as more immediate program de- (12) eliminating air and water pollution, and unnecessary, velopment, to incorporate scientific and technological knowledge unhealthful, or ineffective drugs and food additives; and in the national decisionmaking process; (13) advancing the exploration and peaceful uses of outer (3) the scientific and technological capabilities of the United space. States, when properly fostered, applied, and directed, can effec- DECLARATION OF POLICY tively assist in improving the quality of life, in anticipating and resolving critical and emerging international, national, and local Sec. 102. (a) PRINCIPLES.-In view of the foregoing, the Congress problems, in strengthening the Nation's international economic declares that the United States shall adhere to a national policy for position, and in furthering its foreign policy objectives; science and technology which includes the following principles: (4) Federal funding for science and technology represents an (1) The continuing development and implementation of strate- investment in the future which is indispensable to sustained na- gies for determining and achieving the appropriate scope, level, tional progress and human betterment, and there should be a con- direction, and extent of scientific and technological efforts based tinuing national investment in science, engineering, and technol- upon a continuous appraisal of the role of science and technology ogy which is commensurate with national needs and opportunities in achieving goals and formulating policies of the United States, and the prevalent economic situation; and reflecting the views of State and local governments and repre- (5) the manpower pool of scientists, engineers, and technicians, sentative public groups. constitutes an invaluable national resource which should be utilized (2) The enlistment of science and technology to foster a healthy to the fullest extent possible; and economy in which the directions of growth and innovation are (6) the Nation's capabilities for technology assessment and for compatible with the prudent and frugal use of resources and with technological planning and policy formulation must be strength- the preservation of a benign environment. ened at both Federal and State levels. (3) The conduct of science and technology operations 80 as to (b) As a consequence, the Congress finds and declares that science serve domestic needs while promoting foreign policy objectives. and technology should contribute to the following priority goals (4) The recruitment, education, training, retraining, and bene- without being limited thereto: ficial use of adequate numbers of scientists, engineers, and tech- (1) fostering leadership in the quest for international peace nologists, and the promotion by the Federal Government of the and progress toward human freedom, dignity, and well-being effective and efficient utilization in the national interest of the by enlarging the contributions of American scientists and engi- Nation's human resources in science, engineering, and technology. neers to the knowledge of man and his universe, by making (5) The development and maintenance of a solid base for science discoveries of basic science widely available at home and abroad, and technology in the United States, including: (4) strong par- and by utilizing technology in support of United States national ticipation of and cooperative relationships with State and local and foreign policy goals; governments and the private sector; (B) the maintenance and (2) increasing the efficient use of essential materials and prod- strengthening of diversified scientific and technological capabili- ucts, and generally contributing to economic opportunity, stabil- ties in government, industry, and the universities, and the encour- ity, and appropriate growth; agement of independent initiatives based on such capabilities, to- (3) assuring an adequate supply of food, materials. and energy gether with elimination of needless barriers to scientific and for the Nation's needs; technological innovation; (C) effective management and dis- (4) contributing to the national security; semination of scientific and technological information; (D) (5) improving the quality of health care available to all resi- establishment of essential scientific, technical and industrial dents of the United States; standards and measurement and test methods; and (E) promo- (6) preserving, fostering, and restoring a healthful and esthetic tion of increased public understanding of science and technology. natural environment; (6) The recognition that, as changing circumstances require (7) providing for the protection of the oceans and coastal periodic revision and adaptation of title I of this Act, the Fed- zones, and the polar regions, and the efficient utilization of their eral Government is responsible for identifying and interpreting resources; the changes in those circumstances as they occur, and for effecting (8) strengthening the economy and promoting full employ- subsequent changes in title I as appropriate. ment through useful scientific and technological innovations; (b) IMPLEMENTATION.-To implement the policy enuniciated in (9) increasing the quality of educational opportunities avail- subsection (a) of this section, the Congress declares that: able to all residents of the United States; (1) The Federal Government should maintain central policy planning elements in the executive branch which assist Federal 4 5 agencies in (A) identifying public problems and objectives, (B) and appropriated funds; to assure quality environment; and to mobilizing scientific and technological resources for essential na- enhance product performance. tional programs, (C) securing appropriate funding for programs (2) Explicit criteria, including cost-benefit principles where so identified, (D) anticipating future concerns to which science practicable, should be developed to identify the kinds of applied and technology can contribute and devising strategies for the research and technology programs that are appropriate for Fed- conduct of scrence and technology for such purposes, (E) review- eral funding support and to determine the extent of such support. ing systematically Federal science policy and programs and rec- Particular attention should be given to scientific and technologi- ommending legislative amendment thereof when needed. Such cal problems and opportunities offering promise of social advan- elements should include an advisory mechanism within the Execu- tage that are so long range, geographically widespread, or eco- tive Office of the President so that the Chief Executive may have nomically diffused that the Federal Government constitutes the available independent, expert judgment and assistance on policy appropriate source for undertaking their support. matters which require accurate assessments of the complex scien- (3) Federal promotion of science and technology should empha- tific and technological features involved. size quality of research, recognize the singular importance of sta- (2) It is a responsibility of the Federal Government to pro- bility in scientific and technological institutions, and for urgent mote prompt, effective, reliable, and systematic transfer of scien- tasks, seek to assure timeliness of results. With particular refer- tific and technological information by such appropriate methods ence to Federal support for basic research, funds should be allo- as programs conducted by nongovernmental organizations, in- cated to encourage education in needed disciplines, to provide a cluding industrial groups and technical societies. In particular, base of scientific knowledge from which future essential techno- it is recognized as a responsibility of the Federal Government logical development can be launched, and to add to the cultural not only to coordinate and unify its own science and technology heritage of the Nation. information systems, but to facilitate the close coupling of in- (4) Federal patent policies should be developed, based on uni- stitutional scientific research with commercial application of the form principles, which have as their objective the preservation useful findings of science. of incentives for technological innovation and the application (3) It is further an appropriate Federal function to support of procedures which will continue to assure the full use of bene- scientific and technological efforts which are expected to provide ficial technology to serve the public. results beneficial to the public but which the private sector may (5) Closer relationships should be encouraged among practi- be unwilling or unable to support. tioners of different scientific and technological disciplines, includ- (4) Scientific and technological activities which may be prop- ing the physical, social, and biomedical fields. erly supported exclusively by the Federal Government should be (6) Federal departments, agencies, and instrumentalities should distinguished from those in which interests are shared with State assure efficient management of laboratory facilities and equipment and local governments and the private sector. Among these en- in their custody, including acquisition of effective equipment, dis- tities, cooperative relationships should be established which en- posal of inferior and obsolete properties, and cross-servicing to courage the appropriate sharing of science and technology de- maximize the productivity of costly property of all kinds. Dis- cisionmaking, funding support, and program planning and ex- posal policies should include attention to possibilities for further ecution. productive use. (5) The Federal Government should support and utilize en- (7) The full use of the contributions of science and technology gineering and its various disciplines and make maximum use of to support State and local government goals should be encouraged. the engineering community, whenever appropriate, as an essen- (8) Formal recognition should be accorded those persons whose tial element in the Federal policymaking process. scientific and technological achievements have contributed signifi- (6) Comprehensive legislative support for the national science cantly to the national welfare. and technology effort requires that the Congress be regularly in- (9) The Federal Government should support applied scientific formed of the condition, health and vitality, and funding re- research, when appropriate, in proportion to the probability of its quirements of science and technology, the relation of science and usefulness, insofar as this probability can be determined; but technology to changing national goals, and the need for legisla- while maximizing the beneficial consequences of technology, the tive modification of the Federal endeavor and structure at all Government should act to minimize foreseeable injurious levels as it relates to science and technology. consequences. (c) PROCEDURES.-The Congress declares that, in order to expedite (10) Federal departments, agencies, and instrumentalities and facilitate the implementation of the policy enunciated in sub- should establish procedures to insure among them the systematic section (a) of this section, the following coordinate procedures are interchange of scientific data and technological findings devel- of paramount importance: oped under their programs. (1) Federal procurement policy should encourage the use of science and technology to foster frugal use of materials, energy, 6 7 TITLE II-OFFICE OF SCIENCE AND TECHNOLOGY major policies, plans, and programs of the Federal Government. In POLICY carrying out the provisions of this section, the Director shall- (1) seek to define coherent approaches for applying science and SHORT TITLE technology to critical and emerging national and international problems and for promoting coordination of the scientific and SEC. 201. This title may be cited as the "Presidential Science and technological responsibilities and programs of the Federal de- Technology Advisory Organization Act of 1976". partments and agencies in the resolution of such problems; (2) assist and advise the President in the preparation of the ESTABLISHMENT Science and Technology Report, in accordance with section 209 SEC. 202. There is established in the Executive Office of the Presi- of this Act; dent an Office of Science and Technology Policy (hereinafter referred (3) gather timely and authoritative information concerning to in this title as the "Office"). significant developments and trends in science, technology, and in national priorities, both current and prospective, to analyze and DIRECTOR; ASSOCIATE DIRECTORS interpret such information for the purpose of determining whether such developments and trends are likely to affect achieve- SEC. 203. There shall be at the head of the Office a Director who ment of the priority goals of the Nation as set forth in section shall be appointed by the President, by and with the advice and con- 101 (b) of this Act; sent of the Senate, and who shall be compensated at the rate provided (4) encourage the development and maintenance of an adequate for level II of the Executive Schedule in section 5313 of title 5, United data base for human resources in science, engineering, and tech- States Code. The President is authorized to appoint not more than four Associate Directors, by and with the advice and consent of the nology, including the development of appropriate models to fore- cast future manpower requirements, and assess the impact of major Senate, who shall be compensated at a rate not to exceed that provided for level III of the Executive Schedule in section 5314 of such title. governmental and public programs on human resources and their utilization; Associate Directors shall perform such functions as the Director may (5) initiate studies and analyses, including systems analyses and prescribe. technology assessments, of alternatives available for the resolu- FUNCTIONS tion of critical and emerging national and international problems SEC. 204. (a) The primary function of the Director is to provide, amenable to the contributions of science and technology and, in- within the Executive Office of the President, advice on the scientific, sofar as possible, determine and compare probable costs, benefits, engineering, and technological aspects of issues that require attention and impacts of such alternatives; at the highest levels of Government. (6) advise the President on the extent to which the various sci- (b) In addition to such other functions and activities as the Presi- entific and technological programs, policies, and activities of the dent may assign, the Director shall- Federal Government are likely to affect the achievement of the (1) advise the President of scientific and technological consid- priority goals of the Nation as set forth in section 101 (b) of this erations involved in areas of national concern including, but not Act; limited to, the economy, national security, health, foreign rela- (7) provide the President with periodic reviews of Federal tions, the environment, and the technological recovery and use of statutes and administrative regulations of the various departments resources; and agencies which affect research and development activities, (2) evaluate the scale, quality, and effectiveness of the Federal both internally and in relation to the private sector, or which may effort in science and technology and advise on appropriate interfere with desirable technological innovation, together with actions; recommendations for their elimination, reform, or updating as (3) advise the President on scientific and technological con- appropriate; siderations with regard to Federal budgets, assist the Office of (8) develop, review, revise, and recommend criteria for deter- Management and Budget with an annual review and analysis of mining scientific and technological activities warranting Federal funding proposed for research and development in budgets of all support, and recommend Federal policies designed to advance (A) Federal agencies, and aid the Office of Management and Budget the development and maintenance of broadly based scientific and and the agencies throughout the budget development process; and technological capabilities, including human resources, at all levels (4) assist the President in providing general leadership and of government, academia, and industry, and (B) the effective ap- coordination of the research and development programs of the plication of such capabilities to national needs; Federal Government. (9) assess and advise on policies for international cooperation in science and technology which will advance the national and POLICY PLANNING, ANALYSIS, AND ADVICE international objectives of the United States; (10) identify and assess emerging and future areas in which SEC. 205. (a) The Office shall serve as a source of scientific and tech- science and technology can be used effectively in addressing na- nological analysis and judgment for the President with respect to tional and international problems; 8 9 (11) report at least once each year to the President on the over- significant contribution to the resolution of problems identified all activities and accomplishments of the Office, pursuant to section under paragraph (1) of this subsection or to the achievement of 209 of this Act; Federal program objectives or national goals, including those set (12) periodically survey the nature and needs of national science forth in section 101 (b) of this Act. and technology policy and make recommendations to the Presi- (b) The Office shall annually revise the five-year outlook developed dent, for review and transmission to the Congress, for the timely under subsection (a) of this section 80 that it takes account of new and appropriate revision of such policy in accordance with section problems, constraints and opportunities and changing national goals 102(a) (6) of this Act; and and cricumstances, and shall extend the outlook 80 that it always ex- (13) perform such other duties and functions and make and tends five years into the future. furnish such studies and reports thereon, and recommendations (c) The Director of the Office shall consult as necessary with officials with respect to matters of policy and legislation as the President of the departments and agencies having programs and responsibilities may request. relating to the problems, constraints, and opportunities identified (b) (1) The Director shall establish an Intergovernmental Science, under subsections (a) and (b) of this section, in order to— Engineering, and Technology Advisory Panel (hereinafter referred to (1) identify and evaluate alternative actions that might be as the "Panel"), whose purpose shall be to (4) identify and define taken by the Federal Government, State and local governments, civilian problems at State, regional, and local levels which science, or the private sector to deal with such problems, constraints, or engineering, and technology may assist in resolving or ameliorating; opportunities; and (B) recommend priorities for addressing such problems; and (C) (2) ensure that alternative actions identified under paragraph advise and assist the Director in identifying and fostering policies to (1) of this subsection are fully considered by departments and facilitate the transfer and utilization of research and development re- agencies in formulating their budget, program, and legislative sults 80 as to maximize their application to civilian needs. proposals. (2) The Panel shall be composed of (4) the Director of the Office, (d) The Director of the Office shall consult as necessary with officials or his representative; (B) at least ten members representing the inter- of the Office of Management and Budget and other appropriate ele- ests of the States, appointed by the Director of the Office after consul- ments of the Executive Office of the President to ensure that the prob- tation with State officials; and (σ) the Director of the National Sci- lems, constraints, opportunities, and alternative actions identified un- ence Foundation, or his representative. der subsections (a), (b), and (c) of this section are fully con- (3) (A) The Director of the Office, or his representative, shall serve sidered in the development of the President's Budgets and legislative as Chairman of the Panel. programs. (B) The Panel shall perform such functions as the Chairman ADDITIONAL FUNCTIONS OF THE DIRECTOR; may prescribe, and shall meet at the call of the Chairman. ADMINISTRATIVE PROVISIONS (4) Each member of the Panel shall, while serving on business of the Panel, be entitled to receive compensation at a rate not to exceed SEC. 207. (a) The Director shall, in addition to the other duties and the daily rate prescribed for GS-18 of the General Schedule under sec- functions set forth in this title- tion 5332 of title 5, United States Code, including traveltime, and, (1) serve as Chairman of the Federal Coordinating Council for while 80 serving away from his home or regular place of business, he Science, Engineering, and Technology established under title IV; and may be allowed travel expenses, including per diem in lieu of sub- (2) serve as a member of the Domestic Council. sistence in the same manner as the expenses authorized by section 5703(b) of title 5, United States Code, for persons in government serv- (b) For the purpose of assuring the optimum contribution of science ice employed intermittently. and technology to the national security, the Director. at the request of the National Security Council, shall advise the National Security Council in such matters concerning science and technology as relate FIVE-YEAR OUTLOOK to national security. SEC. 206. (a) Within its first year of operation. the Office shall. to (c) In carrying out his functions under this Act, the Director is the extent practicable, within the limitations of available knowledge authorized to- and resources, and with appropriate assistance from the departments (1) appoint such officers and employees as he may deem neces- and agencies and such consultants and contractors as the Director sary to perform the functions now or hereafter vested in him and deems necessary, identify and describe situations and conditions which to prescribe their duties; warrant special attention within the next five years. involving- (2) obtain services as authorized by section 3109 of title 5 of the (1) current and emerging problems of national significance United States Code, at rates not to exceed the rate prescribed for that are identified through scientific research, or in which scien- grade GS-18 of the General Schedule by section 5332 of title 5 of tific or technical considerations are of major significance; and the United States Code: and (2) opportunities for, and constraints on. the use of new and (3) enter into contracts and other arrangements for studies, existing scientific and technological capabilities which can make a analyses. and other services with public agencies and with private persons, organizations, or institutions, and make such payments as 11 10 he deems necessary to carry out the provisions of this Act without (2) the significant effects of current and projected trends in legal consideration, without performance bonds, and without re- science and technology on the social, economic, and other require- gard to section 3709 of the Revised Statutes (41 U.S.C. 5). ments of the Nation; (3) a review and appraisal of selected science- and technology- COORDINATION WITH OTHER ORGANIZATIONS related programs, policies, and activities of the Federal Govern- ment; SEC. 208. (a) In exercising his functions under this Act, the Direc- (4) an inventory and forecast of critical and emerging na- tor shall- tional problems the resolution of which might be substantially (1) work in close consultation and cooperation with the Do- assisted by the application of science and technology; mestic Council, the National Security Council, the Council on (5) the identification and assessment of scientific and techno- Environmental Quality, the Council of Economic Advisers, the logical measures that can contribute to the resolution of such Office of Management and Budget, the National Science Board, problems, in light of the related social, economic, political, and and the Federal departments and agencies; institutional considerations; (2) utilize the services of consultants, establish such advisory (6) the existing and projected scientific and technological re- panels, and, to the extent practicable, consult with State and local sources, including specialized manpower, that could contribute governmental agencies, with appropriate professional groups, to the resolution of such problems; and and with such representatives of industry, the universities. agri- (7) recommendations for legislation on science- and technol- culture, labor, consumers, conservation organizations, and such ogy-related programs and policies that will contribute to the other public interest groups, organizations, and individuals as resolution of such problems. he deems advisable; (b) In preparing the Report under subsection (a) of this section, (3) hold such hearings in various parts of the Nation as he the Office shall make maximum use of relevant data available from deems necessary, to determine the views of the agencies, groups, the National Science Foundation and other Government departments and organizations referred to in paragraph (2) of this subsection and agencies. and of the general public, concerning national needs and trends (c) The Director shall insure that the Report, in the form approved in science and technology; and by the President, is printed and made available as a public document. (4) utilize with their consent to the fullest extent possible the services, personnel, equipment, facilities, and information (in- TITLE III- PRESIDENT'S COMMITTEE ON SCIENCE AND cluding statistical information) of public and private agencies TECHNOLOGY and organizations, and individuals, in order to avoid duplication of effort and expense, and may transfer funds made available ESTABLISHMENT pursuant to this Act to other Federal agencies as reimbursement for the utilization of such personnel, services, facilities, equip- SEC. 301. The President shall establish within the Executive Office ment, and information. of the President a President's Committee on Science and Technology (b) Each department, agency, and instrumentality of the Execu- (hereinafter referred to as the "Committee"). tive Branch of the Government, including any independent agency, is authorized to furnish the Director such information as the Director MEMBERSHIP deems necessary to carry out his functions under this Act. (c) Upon request, the Administrator of the National Aeronautics SEC. 302. (a) The Committee shall consist of- and Space Administration is authorized to assist the Director with (1) the Director of the Office of Science and Technology Policy respect to carrying out his activities conducted under paragraph (5) established under title II of this Act; and of section 205 (a) of this Act. (2) not less than eight nor more than fourteen other members appointed by the President not more than sixty days after the SCIENCE AND TECHNOLOGY REPORT Director has assumed office (as provided in section 203 of this Act). Sec. 209. (a) The President shall transmit annually to the Congress, (b) Members of the Committee appointed by the President pur- beginning February 15. 1978, a Science and Technology Report (here- suant to subsection (a) (2) of this section shall- inafter referred to as the "Report") which shall be prepared by the (1) be qualified and distinguished in one or more of the follow- Office, with appropriate assistance from Federal departments and agen- ing areas: science, engineering, technology, information dissemi- cies and such consultants and contractors as the Director deems neces- nation, education, management, labor, or public affairs; sary. The report shall draw upon the information prepared by the (2) be capable of critically assessing the policies, priorities, pro- Director pursuant to section 206 of this Act, and to the extent practi- grams, and activities of the Nation, with respect to the findings, cable, within the limitations of available knowledge and resources, policies, and purposes set forth in title I; and discuss such issues as- (3) shall collectively constitute a balanced composition with re- (1) a review of developments of national significance in science spect to (A) fields of science and engineering, (B) academic, in- and technology; 12 13 dustrial, and government experience, and (0) business, labor, (10) technology designed to meet community and individual consumer, and public interest points of view. needs; (c) The President shall appoint one member of the Committee to (11) maintenance of adequate scientific and technological man- serve as Chairman and another member to serve as Vice Chairman for power with regard to both quality and quantity; such periods as the President may determine. (12) improved systems for planning and analysis of the Fed- (d) Each member of the Committee who is not an officer of the Fed- eral science and technology programs; and eral Government shall, while serving on business of the Committee, be (13) long-range study, analysis, and planning in regard to entitled to receive compensation at a rate not to exceed the daily rate the application of science and technology to major national prescribed for GS-18 of the General Schedule under section 5332 of problems or concerns. title 5, United States Code, including traveltime, and while so serving (b) (1) Within twelve months from the time the Committee is away from his home or regular place of business he may be allowed activated in accordance with section 302 (a) of this Act, the Commit- travel expenses, including per diem in lieu of subsistence, in the same tee shall issue an interim report of its activities and operations to manner as the expenses authorized by section 5703 (b) of title 5, United date. Not more than twenty-four months from the time the Commit- States Code, for persons in Government service employed tee is activated, the Committee shall submit a final report of its ac- intermittently. tivities, findings, conclusions, and recommendations, including such supporting data and material as may be necessary, to the President. FEDERAL SCIENCE, ENGINEERING, AND TECHNOLOGY SURVEY (2) The President, within sixty days of receipt thereof, shall trans- mit each such report to each House of Congress together with such SEC. 303. (a) The Committee shall survey, examine, and analyze the comments, observations, and recommendations thereon as he deems overall context of the Federal science, engineering, and technology appropriate. effort including missions, goals, personnel, funding, organization, fa- CONTINUATION OF COMMITTEE cilities, and activities in general, taking adequate account of the inter- ests of individuals and groups that may be affected by Federal scien- SEC. 304. (a) Ninety days after submission of the final report tific, engineering, and technical programs, including, as appropriate, prepared under section 303 of this Act, the Committee shall cease consultation with such individuals and groups. In carrying out its to exist, unless the President, before the expiration of the ninety-day functions under this section, the Committee shall, among other things, period, makes a determination that it is advantageous for the Com- consider needs for- mittee to continue in being. (1) organizational reform, including institutional realinement (b) If the President determines that it is advantageous for the designed to place Federal agencies whose missions are primarily Committee to continue in being, (1) the Committee shall exercise or solely devoted to scientific and technological research and de- such functions as are prescribed by the President; and (2) the mem- velopment, and those agencies primarily or solely concerned with bers of the Committee shall serve at the pleasure of the President. fuels, energy, and materials, within a single cabinet-level depart- ment; STAFF AND CONSULTANT SUPPORT (2) improvements in existing systems for handling scientific and technical information on a Government-wide basis, including SEC. 305. (a) In the performance of its functions under sections consideration of the appropriate role to be played by the private 303 and 304 of this Act, the Committee is authorized- sector in the dissemination of such information; (1) to select, appoint, employ, and fix the compensation of such (3) improved technology assessment in the executive branch specialists and other experts as may be necessary for the carry- of the Federal Government; ing out of its duties and functions, and to select, appoint, and (4) improved methods for effecting technology innovation, employ, subject to the civil service laws, such other officers and transfer, and use; employees as may be necessary for carrying out its duties and (5) stimulating more effective Federal-State and Federal- functions; and industry liaison and cooperation in science and technology, in- (2) to provide for participation of such civilian and military cluding the formation of Federal-State mechanisms for the personnel as may be detailed to the Committee pursuant to sub- mutual pursuit of this goal; section (b) of this section for carrying out the functions of the (6) reduction and simplification of Federal regulations and Committee. administrative practices and procedures which may have the (b) Upon request of the Committee, the head of any Federal de- effect of retarding technological innovation or opportunities for partment, agency, or instrumentality is authorized (1) to furnish to its utilization: the Committee such information as may be necessary for carrying out (7) a broader base for support of basic research; its functions and as may be available to or procurable by such depart- (8) ways of strengthening the Nation's academic institu- ment, agency, or instrumentality, and (2) to detail to temporary duty tions' capabilities for research and education in science and with the Committee on a reimbursable basis such personnel within his technology; administrative jurisdiction as it may need or believe to be useful for (9) ways and means of effectively integrating scientific and carrying out its functions. Each such detail shall be without loss of technological factors into our national and international policies; 14 15 seniority, pay, or other employee status, to civilian employees 80 de- (f) The Council shall perform such other related advisory duties as tailed, and without loss of status, rank, office, or grade, or of any shall be assigned by the President or by the Chairman. emolument, perquisite, right, privilege, or benefit incident thereto to (g) For the purpose of carrying out the provisions of this section, military personnel 80 detailed. Each such detail shall be made pur- each Federal agency represented on the Council shall furnish neces- suant to an agreement between the Chairman and the head of the sary assistance to the Council. Such assistance may include- relevant department, agency, or instrumentality, and shall be in ac- (1) detailing employees to the Council to perform such func- cordance with the provisions of subchapter III of chapter 33, title 5, United States Code. tions, consistent with the purposes of this section, as the Chairman may assign to them, and TITLE IV-FEDERAL COORDINATING COUNCIL FOR (2) undertaking, upon request of the Chairman, such special studies for the Council as come within the functions herein SCIENCE, ENGINEERING, AND TECHNOLOGY assigned. (h) For the purpose of conducting studies and making reports as ESTABLISHMENT AND FUNCTIONS directed by the Chairman, standing subcommittees and panels of the SEC. 401. (a) There is established the Federal Coordinating Coun- Council may be established. cil for Science, Engineering, and Technology (hereinafter referred to ABOLITION OF FEDERAL COUNCIL FOR SCIENCE AND TECHNOLOGY as the "Council"). (b) The Council shall be composed of the Director of the Office of SEC. 402. The Federal Council for Science and Technology, estab- Science and Technology Policy and one representative of each of the lished pursuant to Executive Order 10807, issued March 13, 1959, as following Federal agencies: Department of Agriculture, Department amended by Executive Order 11381, issued November 8, 1967, is hereby of Commerce, Department of Defense, Department of Health, Educa- abolished. tion, and Welfare, Department of Housing and Urban Development, TITLE V-GENERAL PROVISIONS Department of the Interior, Department of State, Department of Transportation, Veterans' Administration, National Aeronautics and AUTHORIZATION Space Administration, National Science Foundation, Environmental SEC. 501. (a) For the purpose of carrying out title II of this Act, Protection Agency, and Energy Research and Development Adminis- there are authorized to be appropriated- tration. Each such representative shall be an official of policy rank (1) $750,000 for the fiscal year ending June 30, 1976; designated by the head of the Federal agency concerned. (2) $500,000 for the period beginning July 1, 1976, and ending (c) The Director of the Office of Science and Technology Policy September 30, 1976; shall serve as Chairman of the Council. The Chairman may designate (3) $3,000,000 for the fiscal year ending September 30, 1977; and another member of the Council to act temporarily in the Chairman's (4) such sums as may be necessary for each of the succeeding absence as Chairman. fiscal years. (d) The Chairman may (1) request the head of any Federal agency (b) For the purpose of carrying out title III of this Act, there are not named in subsection (b) of this section to designate a represent- authorized to be appropriated- ative to participate in meetings or parts of meetings of the Council (1) $750,000 for the fiscal year ending June 30, 1976; concerned with matters of substantial interest to such agency, and (2) (2) $500.000 for the period beginning July 1, 1976, and ending invite other persons to attend meetings of the Council. September 30, 1976; (e) The Council shall consider problems and developments in the (3) $1,000,000 for the fiscal year ending September 30, 1977; fields of science, engineering, and technology and related activities and affecting more than one Federal agency, and shall recommend policies (4) such sums as may be necessary for each of the succeeding and other measures designed to- fiscal years. (1) provide more effective planning and administration of Fed- STATUTORY REPEAL eral scientific, engineering, and technological programs, (2) identify research needs including areas requiring addi- SEC. 502. Sections 1, 2, 3, and 4 of Reorganization Plan Numbered 2 tional emphasis, of 1962 (76 Stat. 1253) and section 2 of Reorganization Plan Numbered (3) achieve more effective utilization of the scientific, engineer- 1 of 1973 (87 Stat. 1089) are repealed. ing, and technological resources and facilities of Federal agencies, including the elimination of unwarranted duplication, and AMENDMENT (4) further international cooperation in science, engineering, SEC. 503. Section 4 of the National Science Foundation Act of 1950 and technology. (42 U.S.C. 1863) is amended by striking out subsection (g) and by re- 16 designating subsections (h), (i), and (j), and all references thereto, as subsections (g), (h), and (i), respectively. And the Senate agree to the same. TED KENNEDY, WARREN MAGNUSON, FRANK E. Moss, JOINT EXPLANATORY STATEMENT OF THE COMMITTEE WALTER F. MONDALE, OF CONFERENCE JOHN TUNNEY, WENDELL H. FORD, The managers on the part of the House and the Senate at the con- BARRY GOLDWATER, ference on the disagreeing votes of the two Houses on the amendment J. GLENN BEALL, Jr., of the Senate to the bill (H.R. 10230) to establish a science and tech- PAUL LAXALT, nology policy for the United States, to provide for scientific and tech- Managers on the Part of the Senate. nological advice and assistance to the President, to provide a compre- OLIN E. TEAGUE, hensive survey of ways and means for improving the Federal effort in DON FUQUA, scientific research and information handling, and in the use thereof, JIM SYMINGTON, and for other purposes, submit the following joint statement to the MIKE McCormack, House and the Senate in explanation of the effect of the action agreed RAY THORNTON, upon by the managers and recommended in the accompanying confer- C. A. MOSHER, ence report: MARVIN L. Esch, The amendment of the Senate struck out all after the enacting clause Managers on the Part of the House. in the House bill and substituted new language. The Committee of Conference agreed to accept the Senate amendment with certain amendments and stipulations proposed by the conferees. The substantive changes made by the Senate amendment, together with further amendments and modifications by the Committee of Con- ference are as follows: TITLE I-NATIONAL SCIENCE, ENGINEERING AND TECHNOLOGY POLICY AND PRIORITIES Both versions of the bill contained comprehensive statements de- signed to establish a national science and technology policy. The state- ments were similar in many respects and often duplicative. The Committee of Conference substituted a compromise which (1) follows the Senate title, (2) adopts the House style and format, and (3) contains all the significant substantive elements of the policy findings and declarations of each bill. TITLE II-THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY This title establishes an Office of Science and Technology Policy within the Executive Office of the President. House and Senate ver- sions differed, and have been resolved, in the following ways. 1. Associate Directors.-The House bill authorized the President, at his discretion, to appoint up to four Assistant Directors for the new office. The Senate amendment differed in that it designated the four as "Associate" Directors and required that they be confirmed in office by the Senate. The managers on the part of the House concurred in the Senate change. [Sec. 203] 2. Annual Report.-The House required "timely" reports from the new office on its activities and on issues or problems involving impor- tant scientific and technological considerations. The Senate amend- (17) 18 19 ment required "annual" reports in this area. Managers on the part of the specific categories for balanced membership as set out in the Sen- the House concurred in the Senate amendment with minor editorial ate version. [Sec. 302 changes. [Sec. (a) 4. Lifetime and Continuation of Committee.-The House bill pro- 3. Civil Service Requirements.-The bill passed by the House stip- vided that the Committee have a lifetime of two years and that the ulated that the appointment of officers and employees by the Director President review and submit the Committee's report-directed toward of the Office conform to Civil Service requirements. The Senate the examination and analyzation of the total Federal science and tech- amendment contained no such requirement. In conference, the man- nology effort with appropriate findings and recommendations-to the agers on the part of the Senate accepted the House provision. [Sec. Congress within 60 days, together with his own comments and recom- 207(c)] mendations. The Senate amendment was essentially the same, except 4. Contract and Hearing Authority.-The Senate amendment con- that it provided for a one-year study and also permitted the President tained broader consultant and contract authority for the new office to extend the life of the Committee as he saw fit. The conferees agreed than did the House bill; it also gave the Director authority to obtain to the two-year House plan, but provided for an interim report after information through the conduct of hearings, which the House bill did one year and a final report after two years. Conferees also agreed to not. The managers on the part of the House concurred in the Senate the Senate provision for extension of the Committee's lifetime at the position. [Sec. 208 (a) (2) and (3)] discretion of the President. [Sec. 303(b) and Sec. 304] 5. National Security Council and Domestic Council.-The House bill provided that the Director of the new Office should advise the TITLE IV-FEDERAL COORDINATING COUNCIL FOR SCIENCE, ENGINEERING President on, among other things, scientific and technological consid- AND TECHNOLOGY erations involved in national security. The Senate amendment re- moved this provision, but provided that the Director serve as advisor This title was not in in the House bill but was added by the Senate amendment. to the National Security Council when requested by the Council to do SO. The Senate amendment also provided that the Director of the Office The effect of this title is to make the existing Federal Council for be made a member of the Domestic Council. The conferees settled these Science and Technology, set up by Executive Order in 1959, a statu- tory body with the Director of the new Office as chairman. The current differences by incorporating all three provisions with such editorial changes as were necessary to prevent duplication or conflict. [Sec. Council is an interdepartmental group representing all Federal agen- cies with significant research and development missions, whose func- 204 (b) (1) Sec. 207 (a) (2) and (b)] 6. Five-Year Outlook.-The Senate amendment contained a provi- tion is to maintain general liaison of the overall government effort in sion calling for a five-year outlook, or projection, of scientific and science and technology. The title adds no new functions. It does change the name of the present Council, emphasizes its mission, and places technological issues, situations and conditions likely to warrant spe- cial attention within that period, and for appropriate inputs to the it on a statutory basis. In interpreting this title, reference should be Office of Management and Budget and the executive departments and made to the following statement from the Senate Report (94-622) agencies in the formulation of Administration budgets with respect to "These functions are purely advisory in nature and involve no exercise of authority over the participating agencies, whose participation is research and development. The outlook would be up-dated annually. governed by their applicable statutes." Managers on the part of the The House bill did not contain a similar provision. Managers on the House agreed to accept this title. part of the House agreed to accept the Senate provision with minor modifications. [Sec. 206] TITLE V-GENERAL REVISIONS TITLE 111-PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY 1. Authorization.-The House bill provided only general authoriza- tion of such sums as might be necessary to carry out the provisions of 1. Title.-The House bill had entitled this special study group as the Act. The Senate amendment authorized a total of $1,250,000 for a "Survey" committee. The Senate amendment re-titled it as an "Ad- Fiscal Year 1976 and the transitional quarter (July 1, 1976-Septem- visory" committee. Conferees agreed to compromise on the title indi- ber 30, 1976), and $3,000,000 for Fiscal Year 1977 for Title II of the cated above. Act; it authorized a total of $1,250,000 for Fiscal Year 1976 and the 2. Mandatory Provisions.-The House bill contained a mandatory transitional quarter, and $1,000,000 for Fiscal Year 1977 for Title III requirement that the Committee be set up as specified. The Senate of the Act. Conferees agreed to the Senate total authorization figures amendment made the Committee's creation optional with the Presi- for Titles II and III for Fiscal Year 1976, the transitional quarter, dent. The managers on the part of the Senate concurred in the House and Fiscal Year 1977. Beyond that period, however, conferees agreed provision. [Sec. to authorize such sums as might be necessary. [Sec. 501] It should be 3. Membership Qualifications.-Both House and Senate versions noted that the sums authorized parallel closely those which the Ad- specified qualifications for membership on the Committee, but the Sen- ministration has indicated it plans to expend for these areas in the next ate amendment contained broader language and more specific consid- two years. erations. The conferees agreed to keep the House language but added 20 21 2. National Science Foundation Act.-The House bill repealed one which it was dealing. The Senate amendment employed the phrase clause in the Organic Act of the National Science Foundation which "science, engineering and technology" for the same purpose. requires an annual report from the National Science Board on the The Committee of Conference agreed that the judicious use of each status of science and technology in the United States. The Senate phrase was appropriate in accordance with the particular subject mat- amendment did not contain this provision. Managers on the part of ter being described. Consequently, the term "engineering" was em- the Senate agreed to the House provision. [Sec. 503] ployed in certain areas and omitted in others, as follows: 1. "Engineering" has been retained in Title I, which deals with OTHER SUBSTANTIVE DIFFERENCES general national policy and priorities, and in Title IV which deals with all Federal research and development activities on a government-wide State and Regional Science and Technology basis. It has not been used in either Title II or Title III, both of which The Senate amendment contained a separate title comprised of two deal with entities that are limited to the functions, administration principal elements. The first of these was a 52 member inter-govern- and discretion of the President's immediate Executive Office. mental advisory panel to assist the Director of the new Office in his 2. The term "engineering" has also been employed in all instances duties by providing special inputs relative to State and local needs where the Act is concerned with manpower, with human resources or and issues. The panel was to be composed of the Director of the Of- with education, training or retraining of scientific personnel. fice, the Director of the National Science Foundation, and one mem- 3. Engineering has been included in those critical parts of the Act ber appointed by the Governor of each State. The second element was where qualifications for offices created by the legislation are involved. a Federal grant program, to be administered by the National Science It has also been incorporated into the State-advisory panel established Foundation, to assist the States in forming or strengthening a science, in the new Policy Office [Sec. (b) and into the operation of the engineering and technology advisory mechanism within State govern- President's Committee on Science and Technology with reference to ments. Each State could receive a maximum of $200,000 for this pur- its two-year survey of Federal science operations. [Sec. 303] pose upon proper application. 4. The "manpower" clauses, which the Senate amendment contained The House bill contained no similar title. and which were designed in part to emphasize the Nation's engineer- The Committee of Conference agreed to drop the title, as such, but ing needs, have also been retained by the conferees. [Sec. 101 (a) (4) to incorporate into title II a scaled-down version of the inter-govern- and (5) ;] An important new clause to ensure appropriate inputs from mental panel. The panel's function shall be to (1) identify and define the engineering community into the Federal policy-making process has civilian problems at the State, regional and local levels which science, been added. [Sec. 102(b) (5) engineering, and technology may assist in resoluting or ameliorating; 5. In most other parts of the Act, the House terminology has been (2) recommend priorities for addressing such problems; and (3) ad- retained. vise and assist the Director in identifying and fostering policies to TED KENNEDY, facilitate the transfer and utilization of research and development WARREN MAGNUSON, results SO as to maximize their application to civilian needs. [Sec. FRANK E. Moss, 205(b)] WALTER F. MONDALE, At the same time, conferees agreed to express their unanimous con- JOHN TUNNEY, viction (1) of the soundness of the concept that State and local gov- WENDELL H. FORD, ernments would profit from their own science advisory systems; (2) BARRY GOLDWATER, that such systems could be made more effective through appropriate J. GLENN BEALL, Jr., liaison with the Federal government, and (3) that greater coopera- PAUL LAXALT, tion and improved financial arrangements between the States and lo- Managers on the Part of the Senate. calities and the National Science Foundation are in order, including adequate additional financial support of programs designed to increase OLIN E. TEAGUE, DON FUQUA, a State's capacity for wise application of science and technology to State and local needs. JIM SYMINGTON, Conferees further agreed to recommend to the appropriate commit- MIKE McCoRMACK, tee members of both the Senate and House that immediate considera- RAY THORNTON, tion be given to effecting these matters at the earliest opportunity. C. A. MOSHER, Such consideration should include the current annual authorization MARVIN L. ESCH, for the National Science Foundation, which has not yet been reported Managers on the Part of the House. from the Committee on Labor and Public Welfare of the Senate. O "Engineering" Terminology The House bill, in its general terminology, used the phrase "science and technology" throughout as reference to the generic matter with H. R. 10230 Ainety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act To establish a science and technology policy for the United States, to provide for scientific and technological advice and assistance to the President, to provide a comprehensive survey of ways and means for improving the Fed- eral effort in scientific research and information handling, and in the use thereof, to amend the National Science Foundation Act of 1950, 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 and Technology Policy, Organiza- tion, and Priorities Act of 1976". TITLE I-NATIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY AND PRIORITIES FINDINGS SEC. 101. (a) The Congress, recognizing the profound impact of science and technology on society, and the interrelations of scientific, technological, economic, social, political, and institutional factors, hereby finds and declares that-- (1) the general welfare, the security, the economic health and stability of the Nation, the conservation and efficient utilization of its natural and human resources, and the effective functioning of government and society require vigorous, perceptive support and employment of science and technology in achieving national objectives; (2) the many large and complex scientific and technological factors which increasingly influence the course of national and international events require appropriate provision, involving long- range, inclusive planning as well as more immediate program development, to incorporate scientific and technological knowledge in the national decisionmaking process; (3) the scientific and technological capabilities of the United States, when properly fostered, applied, and directed, can effec- tively assist in improving the quality of life, in anticipating and resolving critical and emerging international, national, and local problems, in strengthening the Nation's international economic position, and in furthering its foreign policy objectives; (4) Federal funding for science and technology represents an investment in the future which is indispensable to sustained national progress and human betterment, and there should be a continuing national investment in science, engineering, and tech- nology which is commensurate with national needs and oppor- tunities and the prevalent economic situation; (5) the manpower pool of scientists, engineers, and technicians, constitutes an invaluable national resource which should be uti- lized to the fullest extent possible; and (6) the Nation's capabilities for technology assessment and for technological planning and policy formulation must be strength- ened at both Federal and State levels. H. R. 10230-2 (b) As a consequence, the Congress finds and declares that science and technology should contribute to the following priority goals with- out being limited thereto: (1) fostering leadership in the quest for international peace and progress toward human freedom, dignity, and well-being by enlarging the contributions of American scientists and engi- neers to the knowledge of man and his universe, by making discoveries of basic science widely available at home and abroad, and by utilizing technology in support of United States national and foreign policy goals; (2) increasing the efficient use of essential materials and prod- ucts, and generally contributing to economic opportunity, stabil- ity, and appropriate growth; (3) assuring an adequate supply of food, materials, and energy for the Nation's needs; (4) contributing to the national security; (5) improving the quality of health care available to all resi- dents of the United States; (6) preserving, fostering, and restoring a healthful and esthetic natural environment; (7) providing for the protection of the oceans and coastal zones, and the polar regions, and the efficient utilization of their resources; (8) strengthening the economy and promoting full employ- ment through useful scientific and technological innovations; (9) increasing the quality of educational opportunities avail- able to all residents of the United States; (10) promoting the conservation and efficient utilization of the Nation's natural and human resources; (11) improving the Nation's housing, transportation, and com- munication systems, and assuring the provision of effective public services throughout urban, suburban, and rural areas; (12) eliminating air and water pollution, and unnecessary, unhealthful, or ineffective drugs and food additives; and (13) advancing the exploration and peaceful uses of outer space. DECLARATION OF POLICY SEC. 102. (a) PRINCIPLEs.-In view of the foregoing, the Congress declares that the United States shall adhere to a national policy for science and technology which includes the following principles: (1) The continuing development and implementation of strate- gies for determining and achieving the appropriate scope, level, direction, and extent of scientific and technological efforts based upon a continuous appraisal of the role of science and technology in achieving goals and formulating policies of the United States, and reflecting the views of State and local governments and repre- sentative public groups. (2) The enlistment of science and technology to foster a healthy economy in which the directions of growth and innovation are compatible with the prudent and frugal use of resources and with the preservation of a benign environment. (3) The conduct of science and technology operations SO as to serve domestic needs while promoting foreign policy objectives. (4) The recruitment, education, training, retraining, and bene- ficial use of adequate numbers of scientists, engineers, and tech- H. R. 10230-3 nologists, and the promotion by the Federal Government of the effective and efficient utilization in the national interest of the Nation's human resources in science, engineering, and technology. (5) The development and maintenance of a solid base for science and technology in the United States, including: (A) strong participation of and cooperative relationships with State and local governments and the private sector; (B) the mainte- nance and strengthening of diversified scientific and technologi- cal capabilities in government, industry, and the universities, and the encouragement of independent initiatives based on such capa- bilities, together with elimination of needless barriers to scien- tific and technological innovation; (C) effective management and dissemination of scientific and technological information; (D) establishment of essential scientific, technical and industrial standards and measurement and test methods; and (E) promotion of increased public understanding of science and technology. (6) The recognition that, as changing circumstances require periodic revision and adaptation of title I of this Act, the Fed- eral Government is responsible for identifying and interpreting the changes in those circumstances as they occur, and for effecting subsequent changes in title I as appropriate. (b) IMPLEMENTATION.-To implement the policy enunciated in sub- section (a) of this section, the Congress declares that: (1) The Federal Government should maintain central policy planning elements in the executive branch which assist Federal agencies in (A) identifying public problems and objectives, (B) mobilizing scientific and technological resources for essential national programs, (C) securing appropriate funding for pro- grams SO identified, (D) anticipating future concerns to which science and technology can contribute and devising strategies for the conduct of science and technology for such purposes, (E) reviewing systematically Federal science policy and programs and recommending legislative amendment thereof when needed. Such elements should include an advisory mechanism within the Executive Office of the President SO that the Chief Executive may have available independent, expert judgment and assistance on policy matters which require accurate assessments of the complex scientific and technological features involved. (2) It is a responsibility of the Federal Government to pro- mote prompt, effective, reliable, and systematic transfer of scien- tific and technological information by such appropriate methods as programs conducted by nongovernmental organizations, including industrial groups and technical societies. In particular, it is recognized as a responsibility of the Federal Government not only to coordinate and unify its own science and technology information systems, but to facilitate the close coupling of insti- tutional scientific research with commercial application of the useful findings of science. (3) It is further an appropriate Federal function to support scientific and technological efforts which are expected to provide results beneficial to the public but which the private sector may be unwilling or unable to support. (4) Scientific and technological activities which may be prop- erly supported exclusively by the Federal Government should be distinguished from those in which interests are shared with State and local governments and the private sector. Among these enti- H. R. 10230-4 ties, cooperative relationships should be established which encourage the appropriate sharing of science and technology decisionmaking, funding support, and program planning and execution. (5) The Federal Government should support and utilize engi- neering and its various disciplines and make maximum use of the engineering community, whenever appropriate, as an essential element in the Federal policymaking process. (6) Comprehensive legislative support for the national science and technology effort requires that the Congress be regularly informed of the condition, health and vitality, and funding requirements of science and technology, the relation of science and technology to changing national goals, and the need for legisla- tive modification of the Federal endeavor and structure at all levels as it relates to science and technology. (c) PROCEDURES.-The Congress declares that, in order to expedite and facilitate the implementation of the policy enunciated in sub- section (a) of this section, the following coordinate procedures are of paramount importance: (1) Federal procurement policy should encourage the use of science and technology to foster frugal use of materials, energy, and appropriated funds; to assure quality environment; and to enhance product performance. (2) Explicit criteria, including cost-benefit principles where practicable, should be developed to identify the kinds of applied research and technology programs that are appropriate for Fed- eral funding support and to determine the extent of such support. Particular attention should be given to scientific and technological problems and opportunities offering promise of social advantage that are SO long range, geographically wide- spread, or economically diffused that the Federal Government constitutes the appropriate source for undertaking their support. (3) Federal promotion of science and technology should empha- size quality of research, recognize the singular importance of sta- bility in scientific and technological institutions, and for urgent tasks, seek to assure timeliness of results. With particular refer- ence to Federal support for basic research, funds should be allo- cated to encourage education in needed disciplines, to provide a base of scientific knowledge from which future essential techno- logical development can be launched, and to add to the cultural heritage of the Nation. (4) Federal patent policies should be developed, based on uni- form principles, which have as their objective the preservation of incentives for technological innovation and the application of procedures which will continue to assure the full use of bene- ficial technology to serve the public. (5) Closer relationships should be encouraged among practi- tioners of different scientific and technological disciplines, includ- ing the physical, social, and biomedical fields. (6) Federal departments, agencies, and instrumentalities should assure efficient management of laboratory facilities and equipment in their custody, including acquisition of effective equipment, dis- posal of inferior and obsolete properties, and cross-servicing to maximize the productivity of costly property of all kinds. Dis- posal policies should include attention to possibilities for further productive use. H. R. 10230-5 (7) The full use of the contributions of science and technology to support State and local government goals should be encouraged. (8) Formal recognition should be accorded those persons whose scientific and technological achievements have contributed signifi- cantly to the national welfare. (9) The Federal Government should support applied scientific research, when appropriate, in proportion to the probability of its usefulness, insofar as this probability can be determined; but while maximizing the beneficial consequences of technology, the Government should act to minimize foreseeable injurious consequences. (10) Federal departments, agencies, and instrumentalities should establish procedures to insure among them the systematic interchange of scientific data and technological findings devel- oped under their programs. TITLE II-OFFICE OF SCIENCE AND TECHNOLOGY POLICY SHORT TITLE SEC. 201. This title may be cited as the "Presidential Science and Technology Advisory Organization Act of 1976". ESTABLISHMENT SEC. 202. There is established in the Executive Office of the Presi- dent an Office of Science and Technology Policy (hereinafter referred to in this title as the "Office"). DIRECTOR; ASSOCIATE DIRECTORS SEC. 203. There shall be at the head of the Office a Director who shall be appointed by the President, by and with the advice and con- sent of the Senate, and who shall be compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5, United States Code. The President is authorized to appoint not more than four Associate Directors, by and with the advice and consent of the Senate, who shall be compensated at a rate not to exceed that provided for level III of the Executive Schedule in section 5314 of such title. Associate Directors shall perform such functions as the Director may prescribe. FUNCTIONS SEC. 204. (a) The primary function of the Director is to provide, within the Executive Office of the President, advice on the scientific, engineering, and technological aspects of issues that require attention at the highest levels of Government. (b) In addition to such other functions and activities as the Presi- dent may assign, the Director shall- (1) advise the President of scientific and technological consid- erations involved in areas of national concern including, but not limited to, the economy, national security, health, foreign rela- tions, the environment, and the technological recovery and use of resources; H. R. 10230-6 (2) evaluate the scale, quality, and effectiveness of the Federal effort in science and technology and advise on appropriate actions; (3) advise the President on scientific and technological con- siderations with regard to Federal budgets, assist the Office of Management and Budget with an annual review and analysis of funding proposed for research and development in budgets of all Federal agencies, and aid the Office of Management and Budget and the agencies throughout the budget development process; and (4) assist the President in providing general leadership and coordination of the research and development programs of the Federal Government. POLICY PLANNING, ANALYSIS, AND ADVICE SEC. 205. (a) The Office shall serve as a source of scientific and tech- nological analysis and judgment for the President with respect to major policies, plans, and programs of the Federal Government. In carrying out the provisions of this section, the Director shall- (1) seek to define coherent approaches for applying science and technology to critical and emerging national and international problems and for promoting coordination of the scientific and technological responsibilities and programs of the Federal depart- ments and agencies in the resolution of such problems; (2) assist and advise the President in the preparation of the Science and Technology Report, in accordance with section 209 of this Act; (3) gather timely and authoritative information concerning significant developments and trends in science, technology, and in national priorities, both current and prospective, to analyze and interpret such information for the purpose of determining whether such developments and trends are likely to affect achieve- ment of the priority goals of the Nation as set forth in section 101 (b) of this Act; (4) encourage the development and maintenance of an adequate data base for human resources in science, engineering, and tech- nology, including the development of appropriate models to fore- cast future manpower requirements, and assess the impact of major governmental and public programs on human resources and their utilization; (5) initiate studies and analyses, including systems analyses and technology assessments, of alternatives available for the resolu- tion of critical and emerging national and international problems amenable to the contributions of science and technology and, insofar as possible, determine and compare probable costs, benefits, and impacts of such alternatives; (6) advise the President on the extent to which the various sci- entific and technological programs, policies, and activities of the Federal Government are likely to affect the achievement of the priority goals of the Nation as set forth in section 101 (b) of this Act; (7) provide the President with periodic reviews of Federal statutes and administrative regulations of the various departments and agencies which affect research and development activities, both internally and in relation to the private sector, or which may interfere with desirable technological innovation, together with H. R. 10230-7 recommendations for their elimination, reform, or updating as appropriate; (8) develop, review, revise, and recommend criteria for deter- mining scientific and technological activities warranting Federal support, and recommend Federal policies designed to advance (A) the development and maintenance of broadly based scientific and technological capabilities, including human resources, at all levels of government, academia, and industry, and (B) the effective application of such capabilities to national needs; (9) assess and advise on policies for international cooperation in science and technology which will advance the national and international objectives of the United States; (10) identify and assess emerging and future areas in which science and technology can be used effectively in addressing national and international problems; (11) report at least once each year to the President on the over- all activities and accomplishments of the Office, pursuant to section 209 of this Act; (12) periodically survey the nature and needs of national science and technology policy and make recommendations to the Presi- dent, for review and transmission to the Congress, for the timely and appropriate revision of such policy in accordance with section 102 (a) (6) of this Act; and (13) perform such other duties and functions and make and furnish such studies and reports thereon, and recommendations with respect to matters of policy and legislation as the President may request. (b) (1) The Director shall establish an Intergovernmental Science, Engineering, and Technology Advisory Panel (hereinafter referred to as the "Panel"), whose purpose shall be to (A) identify and define civilian problems at State, regional, and local levels which science, engineering, and technology may assist in resolving or ameliorating; (B) recommend priorities for addressing such problems; and (C) advise and assist the Director in identifying and fostering policies to facilitate the transfer and utilization of research and development results SO as to maximize their application to civilian needs. (2) The Panel shall be composed of (A) the Director of the Office, or his representative; (B) at least ten members representing the inter- ests of the States, appointed by the Director of the Office after consul- tation with State officials; and (C) the Director of the National Science Foundation, or his representative. (3) (A) The Director of the Office, or his representative, shall serve as Chairman of the Panel. (B) The Panel shall perform such functions as the Chairman may prescribe, and shall meet at the call of the Chairman. (4) Each member of the Panel shall, while serving on business of the Panel, be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS-18 of the General Schedule under sec- tion 5332 of title 5, United States Code, including traveltime, and, while SO serving away from his home or regular place of business, he may be allowed travel expenses, including per diem in lieu of sub- sistence in the same manner as the expenses authorized by section 5703 (b) of title 5, United States Code, for persons in government service employed intermittently. H. R. 10230-8 FIVE-YEAR OUTLOOK SEC. 206. (a) Within its first year of operation, the Office shall, to the extent practicable, within the limitations of available knowledge and resources, and with appropriate assistance from the departments and agencies and such consultants and contractors as the Director deems necessary, identify and describe situations and conditions which warrant special attention within the next five years, involving- (1) current and emerging problems of national significance that are identified through scientific research, or in which scientific or technical considerations are of major significance; and (2) opportunities for, and constraints on, the use of new and existing scientific and technological capabilities which can make a significant contribution to the resolution of problems identified under paragraph (1) of this subsection or to the achievement of Federal program objectives or national goals, including those set forth in section 101 (b) of this Act. (b) The Office shall annually revise the five-year outlook developed under subsection (a) of this section SO that it takes account of new problems, constraints and opportunities and changing national goals and circumstances, and shall extend the outlook SO that it always extends five years into the future. (c) The Director of the Office shall consult as necessary with officials of the departments and agencies having programs and responsibilities relating to the problems, constraints, and opportunities identified under subsections (a) and (b) of this section, in order to- (1) identify and evaluate alternative actions that might be taken by the Federal Government, State and local governments, or the private sector to deal with such problems, constraints, or opportunities; and (2) ensure that alternative actions identified under paragraph (1) of this subsection are fully considered by departments and agencies in formulating their budget, program, and legislative proposals. (d) The Director of the Office shall consult as necessary with officials of the Office of Management and Budget and other appropriate ele- ments of the Executive Office of the President to ensure that the prob- lems, constraints, opportunities, and alternative actions identified under subsections (a), (b), and (c) of this section are fully considered in the development of the President's Budgets and legislative programs. ADDITIONAL FUNCTIONS OF THE DIRECTOR; ADMINISTRATIVE PROVISIONS SEC. 207. (a) The Director shall, in addition to the other duties and functions set forth in this title- (1) serve as Chairman of the Federal Coordinating Council for Science, Engineering, and Technology established under title IV; and (2) serve as a member of the Domestic Council. (b) For the purpose of assuring the optimum contribution of science and technology to the national security, the Director, at the request of the National Security Council, shall advise the National Security Council in such matters concerning science and technology as relate to national security. H. R. 10230-9 (c) In carrying out his functions under this Act, the Director is authorized to- (1) appoint such officers and employees as he may deem neces- sary to perform the functions now or hereafter vested in him and to prescribe their duties; (2) obtain services as authorized by section 3109 of title 5 of the United States Code, at rates not to exceed the rate prescribed for grade GS-18 of the General Schedule by section 5332 of title 5 of the United States Code; and (3) enter into contracts and other arrangements for studies, analyses, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as he deems necessary to carry out the provisions of this Act without legal consideration, without performance bonds, and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). COORDINATION WITH OTHER ORGANIZATIONS SEC. 208. (a) In exercising his functions under this Act, the Director shall- (1) work in close consultation and cooperation with the Domes- tic Council, the National Security Council, the Council on Environmental Quality, the Council of Economic Advisers, the Office of Management and Budget, the National Science Board, and the Federal departments and agencies; (2) utilize the services of consultants, establish such advisory panels, and, to the extent practicable, consult with State and local governmental agencies, with appropriate professional groups, and with such representatives of industry, the universities, agri- culture, labor, consumers, conservation organizations, and such other public interest groups, organizations, and individuals as he deems advisable; (3) hold such hearings in various parts of the Nation as he deems necessary, to determine the views of the agencies, groups, and organizations referred to in paragraph (2) of this subsection and of the general public, concerning national needs and trends in science and technology; and (4) utilize with their consent to the fullest extent possible the services, personnel, equipment, facilities, and information (including statistical information) of public and private agencies and organizations, and individuals, in order to avoid duplication of effort and expense, and may transfer funds made available pursuant to this Act to other Federal agencies as reimbursement for the utilization of such personnel, services, facilities, equip- ment, and information. (b) Each department, agency, and instrumentality of the Execu- tive Branch of the Government, including any independent agency, is authorized to furnish the Director such information as the Director deems necessary to carry out his functions under this Act. (c) Upon request, the Administrator of the National Aeronautics and Space Administration is authorized to assist the Director with respect to carrying out his activities conducted under paragraph (5) of section 205 (a) of this Act. H. R. 10230-10 SCIENCE AND TECHNOLOGY REPORT SEC. 209. (a) The President shall transmit annually to the Congress, beginning February 15, 1978, a Science and Technology Report (here- inafter referred to as the "Report") which shall be prepared by the Office, with appropriate assistance from Federal departments and agencies and such consultants and contractors as the Director deems necessary. The report shall draw upon the information prepared by the Director pursuant to section 206 of this Act, and to the extent practicable, within the limitations of available knowledge and resources, discuss such issues as- (1) a review of developments of national significance in science and technology; (2) the significant effects of current and projected trends in science and technology on the social, economic, and other require- ments of the Nation; (3) a review and appraisal of selected science- and technology- related programs, policies, and activities of the Federal Govern- ment; (4) an inventory and forecast of critical and emerging national problems the resolution of which might be substantially assisted by the application of science and technology; (5) the identification and assessment of scientific and techno- logical measures that can contribute to the resolution of such problems. in light of the related social, economic, political, and institutional considerations; (6) the existing and projected scientific and technological resources, including specialized manpower, that could contribute to the resolution of such problems; and (7) recommendations for legislation on science- and technol- ogy-related programs and policies that will contribute to the resolution of such problems. (b) In preparing the Report under subsection (a) of this section, the Office shall make maximum use of relevant data available from the National Science Foundation and other Government departments and agencies. (c) The Director shall insure that the Report, in the form approved by the President, is printed and made available as a public document. TITLE II-PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY ESTABLISHMENT SEC. 301. The President shall establish within the Executive Office of the President a President's Committee on Science and Technology (hereinafter referred to as the "Committee"). MEMBERSHIP SEC. 302. (a) The Committee shall consist of- (1) the Director of the Office of Science and Technology Policy established under title II of this Act; and (2) not less than eight nor more than fourteen other members appointed by the President not more than sixty days after the Director has assumed office (as provided in section 203 of this Act). H. R. 10230-11 (b) Members of the Committee appointed by the President pur- suant to subsection (a) (2) of this section shall- (1) be qualified and distinguished in one or more of the follow- ing areas: science, engineering, technology, information dissemi- nation, education, management, labor, or public affairs; (2) be capable of critically assessing the policies, priorities, pro- grams, and activities of the Nation, with respect to the findings, policies, and purposes set forth in title I; and (3) shall collectively constitute a balanced composition with respect to (A) fields of science and engineering, (B) academic, industrial, and government experience, and (C) business, labor, consumer, and public interest points of view. (c) The President shall appoint one member of the Committee to serve as Chairman and another member to serve as Vice Chairman for such periods as the President may determine. (d) Each member of the Committee who is not an officer of the Fed- eral Government shall, while serving on business of the Committee, be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS-18 of the General Schedule under section 5332 of title 5. United States Code, including traveltime, and while so serving away from his home or regular place of business he may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703(b) of title 5, United States Code, for persons in Government service employed intermittently. FEDERAL SCIENCE, ENGINEERING, AND TECHNOLOGY SURVEY SEC. 303. (a) The Committee shall survey, examine, and analyze the overall context of the Federal science, engineering, and technology effort including missions, goals, personnel, funding, organization, facilities, and activities in general, taking adequate account of the interests of individuals and groups that may be affected by Federal scientific, engineering, and technical programs, including, as appro- priate, consultation with such individuals and groups. In carrying out its functions under this section, the Committee shall, among other things, consider needs for- (1) organizational reform, including institutional realinement designed to place Federal agencies whose missions are primarily or solely devoted to scientific and technological research and development, and those agencies primarily or solely concerned with fuels, energy, and materials, within a single cabinet-level department; (2) improvements in existing systems for handling scientific and technical information on a Government-wide basis, including consideration of the appropriate role to be played by the private sector in the dissemination of such information; (3) improved technology assessment in the executive branch of the Federal Government; (4) improved methods for effecting technology innovation, transfer, and use; (5) stimulating more effective Federal-State and Federal- industry liaison and cooperation in science and technology, including the formation of Federal-State mechanisms for the mutual pursuit of this goal; H. R. 10230-12 (6) reduction and simplification of Federal regulations and administrative practices and procedures which may have the effect of retarding technological innovation or opportunities for its utilization; (7) a broader base for support of basic research; (8) ways of strengthening the Nation's academic institutions' capabilities for research and education in science and technology; (9) ways and means of effectively integrating scientific and technological factors into our national and international policies; (10) technology designed to meet community and individual needs; (11) maintenance of adequate scientific and technological man- power with regard to both quality and quantity; (12) improved systems for planning and analysis of the Fed- eral science and technology programs; and (13) long-range study, analysis, and planning in regard to the application of science and technology to major national problems or concerns. (b) (1) Within twelve months from the time the Committee is activated in accordance with section 302(a) of this Act, the Commit- tee shall issue an interim report of its activities and operations to date. Not more than twenty-four months from the time the Committee is activated, the Committee shall submit a final report of its activities, findings, conclusions, and recommendations, including such support- ing data and material as may be necessary, to the President. (2) The President, within sixty days of receipt thereof, shall trans- mit each such report to each House of Congress together with such comments, observations, and recommendations thereon as he deems appropriate. CONTINUATION OF COMMITTEE SEC. 304. (a) Ninety days after submission of the final report pre- pared under section 303 of this Act, the Committee shall cease to exist, unless the President, before the expiration of the ninety-day period, makes a determination that it is advantageous for the Committee to continue in being. (b) If the President determines that it is advantageous for the Committee to continue in being, (1) the Committee shall exercise such functions as are prescribed by the President; and (2) the mem- bers of the Committee shall serve at the pleasure of the President. STAFF AND CONSULTANT SUPPORT SEC. 305. (a) In the performance of its functions under sections 303 and 304 of this Act, the Committee is authorized- (1) to select, appoint, employ, and fix the compensation of such specialists and other experts as may be necessary for the carry- ing out of its duties and functions, and to select, appoint, and employ, subject to the civil service laws, such other officers and employees as may be necessary for carrying out its duties and functions; and (2) to provide for participation of such civilian and military personnel as may be detailed to the Committee pursuant to sub- section (b) of this section for carrying out the functions of the Committee. (b) Upon request of the Committee, the head of any Federal depart- ment, agency, or instrumentality is authorized (1) to furnish to H. R. 10230-13 the Committee such information as may be necessary for carrying out its functions and as may be available to or procurable by such depart- ment, agency, or instrumentality, and (2) to detail to temporary duty with the Committee on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions. Each such detail shall be without loss of seniority, pay, or other employee status, to civilian employees SO detailed, and without loss of status, rank, office, or grade, or of any emolument, perquisite, right, privilege, or benefit incident thereto to military personnel SO detailed. Each such detail shall be made pur- suant to an agreement between the Chairman and the head of the relevant department, agency, or instrumentality, and shall be in accord- ance with the provisions of subchapter III of chapter 33, title 5, United States Code. TITLE IV-FEDERAL COORDINATING COUNCIL FOR SCIENCE, ENGINEERING, AND TECHNOLOGY ESTABLISHMENT AND FUNCTIONS SEC. 401. (a) There is established the Federal Coordinating Coun- cil for Science, Engineering, and Technology (hereinafter referred to as the "Council"). (b) The Council shall be composed of the Director of the Office of Science and Technology Policy and one representative of each of the following Federal agencies: Department of Agriculture, Department of Commerce, Department of Defense, Department of Health, Educa- tion, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of State, Department of Transportation, Veterans' Administration, National Aeronautics and Space Administration, National Science Foundation, Environmental Protection Agency, and Energy Research and Development Adminis- tration. Each such representative shall be an official of policy rank designated by the head of the Federal agency concerned. (c) The Director of the Office of Science and Technology Policy shall serve as Chairman of the Council. The Chairman may designate another member of the Council to act temporarily in the Chairman's absence as Chairman. (d) The Chairman may (1) request the head of any Federal agency not named in subsection (b) of this section to designate a represent- ative to participate in meetings or parts of meetings of the Council concerned with matters of substantial interest to such agency, and (2) invite other persons to attend meetings of the Council. (e) The Council shall consider problems and developments in the fields of science, engineering, and technology and related activities affecting more than one Federal agency, and shall recommend policies and other measures designed to- (1) provide more effective planning and administration of Fed- eral scientific, engineering, and technological programs, (2) identify research needs including areas requiring addi- tional emphasis, (3) achieve more effective utilization of the scientific, engineer- ing, and technological resources and facilities of Federal agencies, including the elimination of unwarranted duplication, and (4) further international cooperation in science, engineering, and technology. H. R. 10230-14 (f) The Council shall perform such other related advisory duties as shall be assigned by the President or by the Chairman. (g) For the purpose of carrying out the provisions of this section, each Federal agency represented on the Council shall furnish neces- sary assistance to the Council. Such assistance may include- (1) detailing employees to the Council to perform such func- tions, consistent with the purposes of this section, as the Chairman may assign to them, and (2) undertaking, upon request of the Chairman, such special studies for the Council as come within the functions herein assigned. (h) For the purpose of conducting studies and making reports as directed by the Chairman, standing subcommittees and panels of the Council may be established. ABOLITION OF FEDERAL COUNCIL FOR SCIENCE AND TECHNOLOGY SEC. 402. The Federal Council for Science and Technology, estab- lished pursuant to Executive Order 10807, issued March 13, 1959, as amended by Executive Order 11381, issued November 8, 1967, is hereby abolished. TITLE V-GENERAL PROVISIONS AUTHORIZATION SEC. 501. (a) For the purpose of carrying out title II of this Act, there are authorized to be appropriated- (1) $750,000 for the fiscal year ending June 30, 1976; (2) $500,000 for the period beginning July 1, 1976, and ending September 30, 1976; (3) $3,000,000 for the fiscal year ending September 30, 1977 and (4) such sums as may be necessary for each of the succeeding fiscal years. (b) For the purpose of carrying out title III of this Act, there are authorized to be appropriated- (1) $750,000 for the fiscal year ending June 30, 1976; (2) $500,000 for the period beginning July 1, 1976, and ending September 30, 1976; (3) $1,000,000 for the fiscal year ending September 30, 1977; and (4) such sums as may be necessary for each of the succeeding fiscal years. STATUTORY REPEAL SEC. 502. Sections 1, 2, 3, and 4 of Reorganization Plan Numbered 2 of 1962 (76 Stat. 1253) and section 2 of Reorganization Plan Num- bered 1 of 1973 (87 Stat. 1089) are repealed. H.R. 10230-15 AMENDMENT SEC. 503. Section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) is amended by striking out subsection (g) and by redesignating subsections (h), (i), and (j), and all references thereto, as subsections (g), (h), and (i), respectively. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. FOR IMMEDIATE RELEASE MAY 11, 1976 OFFICE OF THE WHITE HOUSE PRESS SECRETARY THE WHITE HOUSE REMARKS OF THE PRESIDENT UPON SIGNING H.R. 10230 THE BILL TO CREATE THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY THE EAST GARDEN 10:48 A.M. EDT Mr. Vice President, Members of the House and Senate, distinguished leaders of the Scientific and Engineering Community, and friends: I am pleased that all of you could join with me on this very important occasion. Almost 200 years ago, Thomas Jefferson said: "Knowledge is power; knowledge is safety; knowledge is happiness.' We Americans have sought knowledge since Jefferson's time, sometimes for its own sake and often used for the betterment of our own lives and the protection of the ideals on which our country was founded. Those of us here today share a very strong view that science and engineering and technology can and must continue to make great contributions to the achievement of our goals. We look to the men and women of our scientific and engineering community to provide new knowledge and to provide new products and services that we need for the growth of our economy, for the improvement of our health and for the defense of our Nation and for a better life for all. During the past 21 months I have been able to put into practice some of my views about the importance of science and technology. In June of 1975, I proposed legislation to create a new Office of Science and Technological Policy. That proposal has passed the Congress and is now before me for approval. We have taken other steps to draw upon the knowledge of our scientific and technical experts. I have submitted to the Congress, as part of a fiscal year 1977 budget, requests for nearly $25 billion that is needed to assure that we are moving forward in all major areas of research and development, particularly in basic research. This is an increase of approximately 11 percent. MORE Page 2 Today, I sign into law the National Science and Technological Policy and Organization and Priorities Act of 1976. In addition to establishing the new office, the bill calls for an intensive study of the way we utilize science and technology in the Government and in the Nation. It helps to assure that we will have the views of State and local governments, business, labor and citizen groups in a great effort. I congratulate and thank the Members of the Congress on the fine work represented by this legislation. It is a good example of an effective cooperation between the Congress and the Executive Branch and I am most grateful. I am now very pleased to sign this bill into law. END (AT 10:52 A.M. EDT) MAY 11, 1976 FOR IMMEDIATE RELEASE Office of the White House Press Secretary THE WHITE HOUSE STATEMENT BY THE PRESIDENT Two hundred years ago, one of this Nation's Founding Fathers and a man of great intellect -- Thomas Jefferson -- observed, "Knowledge is power, knowledge is safety, knowledge is happiness." Jefferson knew, as did the other great leaders who established this republic, that the pursuit and wise appli- cation of new knowledge are essential to any nation's progress. They encouraged exploration, new methods of agriculture, the establishment of scientific societies and institutions of higher learning, and protection and improvement of the Nation's health. They supported those who sought to expand America's physical and intellectual frontiers -- our explorers, scientists, inventors, engineers, and teachers. This strong emphasis on progress through knowledge has continued throughout our history. It has been instrumental in helping develop the America we know -- its agriculture, industry, economy, health, national security, and many of the amenities we enjoy. Science, engineering and technology have combined to become a basic underlying force in American life -- a force that America has shared with the world to the ultimate benefit of all mankind. Now as we enter our Third Century science, engineering and technology are more important than ever in meeting the challenges and opportunities which lie ahead for this Nation and the world. The bill that I am signing today -- the National Science and Technology Policy, Organization and Priorities Act of 1976, H.R. 10230 -- will help us in meeting those challenges. It outlines a comprehensive policy for achievement of our national objectives through the effective utilization of science and technology. The key provision of the bill is the creation of a new Office of Science and Technology Policy in the Executive Office of the President. I first proposed legislation to authorize this office in June 1975. I attach great impor- tance not only to a strong national effort in science and technology but also to the availability of expert advice at all levels in the Federal government. This new office will provide an important source of advice on the scientific, engineering, and technical aspects of issues that require attention at the highest levels of government. more 2 The bill also calls for a two-year study of the overall context of the Federal science, engineering and technology effort. This study should provide the basis for reassessing the organization and management of Federal research and de- velopment activities. It should help to ensure that government efforts are properly related to those of private enterprise which has the primary responsibility for turning new ideas into new and improved products and services for the marketplace. Finally, the bill calls upon the Director of the new office to establish an intergovernmental science, engineering and technology advisory panel to identify problems of the State, regional and local levels where science and technology can contribute. Along with continued, vigorous support from the private sector, a strong Federal effort in science, engineering and technology is critical to our future. My 1977 Budget calls for $24.7 billion for Federal research and development programs -- an increase of 11 percent over 1976 estimates. I am hopeful that the Congress will approve my funding requests, particularly those to increase Federal support of basic research. The National Science and Technology Policy Organizational and Priorities Act of 1976 reflects a renewed recognition of the importance of scientific, engineering and technological contributions. It symbolizes the confidence we Americans have in our ability to inprove our way of life and to find better solutions to the problems of the future. I take great pleasure in signing this bill into law. # # # May 3, 1976 Dear Mr. Director: The following bill was received at the White House on May 3rd: H.R. 10230 Please let the President have reports and recommendations as to the approval of this bill as soon as possible. Sincerely, Robert D. Linder Chief Executive Clerk The Honorable James T. Lynn Director Office of Management and Budget Washington, D.C. GENALD FORD LIBRARY