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7. The clause on management of laboratory equipment and facilities is to call attention not only to the opportunities for economy but also to the possibilities for stimulating research in valuable directions.

8. The provision that science and technology be used to support State and local government goals is to generate program activities in the Federal Government to maintain contact with technical people at other levels of government, to encourage joint planning and information exchanges, and to help define explicit goals which science and technology might further.

9. Recognition of outstanding achievements of science and technology has always been an element of national and international practice. This clause, however, is to distinguish those whose contributions particularly serve the public interest. The execution of this function requires not only the identification of outstanding achievements in science and technology but also their assessment in terms of public utility.

10. This clause proposes the test of social merit as a gauge of Federal support for particular programs of science and technology. Moreover, in assessing the probable value of any particular program it is also essential that possible injurious consequences also be assessed since to the extent that injurious consequences cannot be diminished-they detract from the social merit of the program.

11. The generation of scientific and technological information by the mission-oriented agencies of the Federal Government tend to flow readily to their constituents or clients among the public but less readily to other potential users in other Federal agencies. This clause requires that each Federal agency generating such information make a positive effort to get it to other appropriate agencies, and that each agency needing such information make a positive effort to secure it from agencies possessing it.

TITLE II OFFICE OF SCIENCE AND TECHNOLOGY POLICY

Sec. 201. Short Title.

Sec. 202. Establishment of Office.

The establishment of the Office of Science and Technology Policy represents a compromise between the Committee's original Proposal in H.R. 4461 for a Council of Advisers on Science and Technology and 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, whether the new organization is called an "Office" or a "Council." Sec. 203. Director-Assistant Directors.

The Administration's Bill H.R. 7830 called for a Director of the Office and a Deputy Director-appointed by the President, but not requiring confirmation by the Senate. The Committee devised an arrangement which calls for the appointment of a Director of the Office to be appointed by the President, by and with the advice and consent of the Senate. Provision is made for the appointment by the President of up to four Assistant Directors. The intent is to allow maximum flexibility to the President in organizing the Office, but to insure that Congress plays a significant role in the selection of the Director.

Further, it is intended that the Director and such Assistant Directors as may be appointed will be available to Congress from time to time as witnesses to provide advice and counsel on matters of concern to the Congress and which are related to the functions assigned in Title II. Sec. 204. Functions

In setting forth the functions of the Director, substantial responsibilities were added to those proposed in the Administration's bill, H.R. 7830. The overall intent is for the Director to be the President's chief policy adviser and assistant with respect to scientific and technological matters affecting national decisions and the national interest. A broad range of responsibilities have been incorporated in the legislation as a means of taking into account the profound impact of science and technology on society, and the interrelations of scientific, technological, economic, social, political, and institutional factors.

It is expected that the Office be involved on a continuing basis with a broad range of domestic, foreign, and national security problems, both near-term and long range, and that it will work closely with other organizations of the Executive Office of the President. The Office is intended to give particular attention to a function which has not always had high national priority: the identification and assessment of emerging and future areas where science and technology can be used effectively in achieving national goals and objectives. While a broad range of responsibilities has been assigned to the Office, it is designed in a way to permit maximum flexibility for using its capabilities to meet the needs of the President in carrying out his responsibilities. Sec. 205. Personnel

The intent of this section is to give the Director a wide range of choice in the selection and appointment of personnel to carry out the functions assigned to the Office.

Sec. 206. Services

It is not expected that the Office will necessarily be staffed to handle all of its functions internally; therefore, provision is made in this section for the Director to enter into contracts and other arrangements for studies, analyses, and other assistance through public agencies and with private persons, organizations or institutions which would aid in the performance of those duties prescribed in Section 204 or others which may be directed by the President.

Sec. 207. Agency Assistance

Again, as in Section 206, it is not intended that the Office be staffed permanently to carry out all of its responsibilities, including those involving temporary undertakings; therefore, provision is made for the Director to call upon Federal agencies for necessary assistance, with the consent of the agencies involved.

Sec. 208. Reorganization

The purpose of this section is to provide the President with continuing flexibility to modify the Office as times and circumstances may change; yet, Congress is given a strong voice in any such recommended changes. The reason for requiring each House to act in disfavor of any reorganization plans submitted is to provide for thorough debate and Congressional consensus. The 1982 date is designed to allow

time for the Administration which takes office in 1981 to assess the Office of Science and Technology Policy, along with other components of the Executive Office, before the authority to reorganize expires or is renewed.

TITLE III-THE FEDERAL SCIENCE AND TECHNOLOGY SURVEY COMMITTEE

Secs. 301 and 302. Organization and Functions

Titles III and IV of the Committee's original Bill, H.R. 4461, proposed the establishment, respectively, of a new Department of Research and Technology Operations and a Science and Technology Information and Utilization Corporation. A consensus did not develop on these proposed organizations, and it became clear that more study was required on many important issues in such areas as organizational reform, scientific and technological information, use and analysis of science and technology, and Federal-State as well as Federal-industry liaison and cooperation in science and technology.

To conduct studies on such subjects and others, Title III provides for a Federal Science and Technology Survey Committee to be established as part of the Office of Science and Technology Policy, or in such other manner as the President may direct. Alternatives considered and discarded included a Presidential Commission, a Joint Presidential-Congressional Commission, a Congressional Commission, and a Survey Committee established separate and apart from the Office of Science and Technology Policy.

Essentially, the alternatives not selected were dropped for such reasons as expense, logistics complexity, high demands on the time of over-extended Members of Congress, possible conflict with the new Office of Science and Technology Policy, and probable redundancy with some of the functions assigned to the new Policy Office.

The intent of the specific construction of Title III is to provide for a thorough examination and extended study of a number of issues using a relatively simple, streamlined organization structure. Congressional influence will be evident as follows:

The legislation calls for the selection of Survey Committee members who are exceptionally qualified, distinguished individuals and who come from a variety of fields; a broad variety of subjects are assigned for the Survey Committee to study, examine, and analyze in the overall context of Federal science and technology effort; and the Survey Committee's report is to be transmitted to the Congress as written, together with such comments, observations and recommendations as the President deems appropriate. To the objection raised by some that the report may reflect only what the President wants it to say, the response lies (a) in the selection of the individuals referred to earlier, and (b) in the fact that the Congress is not precluded from nor expected to refrain from its own parallel inquiries in developing a base of information for further action.

Sec. 303.-Termination

The purpose of allowing 24 months for the life of the Survey Committee from its first organizational meeting is to permit adequate time to accomplish its broad mandate under the bill.

COMMITTEE ACTIONS

TITLE I

SEC. 101 (a) (2).-This paragraph deals with the influence of large and complex scientific factors upon the course of national and international events which requires appropriate provision for incorporating scientific and technological knowledge in the national decisionmaking process. The paragraph was amended to emphasize the intent that long-range inclusive planning as well as more immediate program development should be part of the national decision-making

process.

SEC. 102(c) (4). This paragraph deals with Federal patent policies. It was amended slightly so as to bring the language into conformance with the existing body of patent law.

SEC. 102(c) (5). This paragraph deals with antitrust regulation. It was amended slightly so as to bring the language into conformance with the existing body of antitrust law.

TITLE II

SEC. 204 (b) (5).—The subject of this paragraph is periodic reviews of Federal statutes and administrative regulations affecting research and development activities. It was amended to clarify the intent which is to minimize interference with desirable technological innovation.

SEC. 204(b) (6).-The subject of this paragraph is criteria for determining scientific and technological activities warranting Federal support. It was re-worded to achieve editorial clarity.

SEC. 208(b). This paragraph permitted action by the President and the Congress on any plan to reorganize the new Office submitted before January 3, 1980. The paragraph was amended to change the date to 1982 so that the reorganization authority would not expire at the beginning of a new Administration.

TITLE III

SEC. 301(a)(1).-This paragraph provides for the establishment of a Federal Science and Technology Survey Committee as part of the Office of Science and Technology Policy. It called for appointment of the Committee members by the President not more than 90 days after the confirmation of the Director of the Office of Science and Technology Policy. The paragraph was amended to allow the appointment period to begin from the time the Director of the Office of Science and Technology Policy actually assumed office since often there is a gan between confirmation and assumption of office.

SEC. 302.-This section provides for the duties and functions of the Federal Science and Technology Survey Committee and specifies certain areas to be examined.

Sec. 302 (a) (1).-Identifies the subiect of "organizational reform." The paragraph was amended to include more direct guidelines as to the possible types of institutional realignment which should be considered as part of the Survey Committee's activities. Specifically, the Survey Committee is asked to consider several possibilities as follows: placing Federal agencies whose missions are primarily or solely devoted to scientific and technological research and development within

a single cabinet-level department; placing those agencies primarily or solely concerned with fuels, energy and materials, within a single cabinet-level department; or a combination of the two.

An important reason for this is that the two most specific and thoroughly prepared plans for an R&D department to surface in modern times have been an outgrowth of this legislation. One was the title in the original Teague-Mosher bill (H.R. 4461) establishing a Department of Research and Technology Operations; the other was the plan offered to the committee during hearings by Rep. McCormack of Washington for a Department of Science, Technology, Energy and Materials.

Sec. 302 (b) (1).—This paragraph calls for the submission of a report by the Federal Science and Technology Survey Committee to the President upon completion of its assignment. The paragraph was amended slightly to insure that the Committee report would include recommendations as well as findings and conclusions.

COMMITTEE VIEWS

Scientific and Technological Information Dissemination
Utilization

and

Sec. 302 of Title III sets forth the duties and functions of the Federal Science and Technology Survey Committee. As discussed in the Explanatory Notes section for Title III, a consensus did not develop on a proposed Science and Technology Information and Utilization Corporation. However, the Committee expressed its view that the subject of scientific and technological information dissemination and utilization should have a high priority in the activities of the Federal Science and Technology Survey Committee.

Survey Committee Reports

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 interim reports be considered. The Committee believes that interim reports on certain subjects may prove timely and useful to the Congress as well as to the Administration.

Membership of the Survey Committee

The conviction was expressed by the Committee that membership on the Federal Science and Technology Survey Committee should include working scientists and engineers along with individuals more closely linked with administration and general public affairs. The Committee believes that the Survey Committee should not be dominated by any one group, and that careful attention should be devoted to achieving a proper balance among persons chosen to serve.

Further illustration may be found in the necessity to consider issues of science information policy along with more general policy issuesand thus the parallel desirability of having the expertise of the scienceinformation industry represented on the Committee.

Staffing and Priorities for the OSTP

At the time the Administration submitted its Bill (H.R. 7830), a staffing requirement of about 15 was estimated for the Office of

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