May 10, 1973

CONGRESSIONAL RECORD-SENATE

souri would be eligible for !-percent loans
from both SBA and FHA.
Frankly, I am convinced that the FHA
interpretation of the new disaster relief
law is arbitrary and contrary to what
Congress intended. I have called on the
President to take administrative steps
to conform the FHA interpretation of
the law to that of SBA or, as an alternative, to transfer responsibility for all
disaster relief loans to SBA.
Because it is uncertain what action, if
any, will be taken by the administration, I am taking this opportunity to introduce an amendment which would
deal with the problem legislatively.
Very simply, my amendment would
require the FHA to adopt the SBA interpretations of the new law and to make
available to qualified applicants in areas
hit by disasters prior to April 29, 1973,
loans at the old 1-percent interest rate
with the $5,000 forgiveness feature.
I think it is essential that Congress
take this step to relieve the deep sense
of injustice felt by those in the ft.ooded
States who have fallen afoul of this bureaucratic conft.ict. Congress cannot allow to stand a policy which makes second-class citizens of our farmers.
ADDITIONAL COSPONSOR OF AN
AMENDMENT
AMENDMENT NO. 18 TO

S. 371

At the request of Mr. TowER, the
Senator from Colorado <Mr. DoMINICK)
was added as a cosponsor of amendment
No. 18, to S. 371.
NOTICE OF HEARINGS ON S. 1599,
S. 1694, AND S. 1723
Mr. MOSS. Mr. President, The Consumer Subcommittee of the Senate Commerce Committee will hold hearings on
S. 1599, S. 1694, and S. 1723 on May 21,
29, and 30. The May 29 hearing will be
1n Chicago, the others in Washington,
D.C.
Persons interested in testifying should
notify the committee staff in order to reserve time for their appearances.
ADDITIONAL STATEMENTS
LAW AND ORDER FOR THE FBI
Mr. PROXMIRE. Mr. President, events
have been moving with great rapidity
at the FBI recently. It was just a year
ago that J. Edgar Hoover died, and L.
Patrick Gray was named to serve as
Acting Director. Now, as a result of his
connection with the Watergate situation,
Mr. Gray has resigned as Acting Director, and Mr. William Ruckelshaus has
been named to that post.
The post of FBI Director is subject to
Senate confirmation. Mr. Gray's name
was not submitted to the Senate until
he had been serving as FBI Director for
9% months. Mr. Ruckelshaus' name has
not been submitted, and there is no indication that the President plans to submit
it.
Mr. President, the United States Code
imposes strict limits on temporary appointments for officials subject to Senate
CXIX--955-Part 12

confirmation. Sections 3345, 3347, and
3348 of title 5, when taken together provide:
When the head of an Executive department or military department dies, resigns, or
is sick or absent . . . . the President may direct . . . . another officer of an Execuive deparment or military department, whose appointment is vested in the President, by and
with the advice and consent of the Senate, to
perform the duties of the office until a successor is appointed . . . .
A vacancy caused by death or resignation
may be filled temporarily under section 3345,
3346 or 3347 of this title for no more than
30 days.

When J. Edgar Hoover died, Patrick
Gray was elevated from his position as
Assistant Attorney General for the Civil
Division-a position subject to Senate
confirmation. His appointment, therefore, fell within sections 3345-3347, and
was subject to the 30-day limitation.
I wrote the U.S. Comptroller General
about this last year, asking him to determine whether, in his opinion, the 30day limitation was applicable to the
Gray appointment. His finding was
clear:
Our opinion is that the service of Mr. Gray
as Acting Director of the Federal Bureau o!
Investigation is subject to the provisions of
5 U.S.C. 3346-3349, and that his continued
service in that position is prohibited since
he has performed the duties thereof in excess
of 30 days.

Mr. President, that was on February
22, 1973. Mr. Gray has since resigned, and
Mr. Ruckelshaus has been named to act
as FBI Director.
The question naturally arises, is Mr.
Ruckelshaus subject to a time limitation
also? The answer is unquestionably yes,
but it may be either 30 or 40 days, depending on which statute is applicable.
Mr. Ruckelshaus has been detailed to
the FBI from his post as Administrator
of the Environmental Protection Agency.
As such, he has been detailed from a position "whose appoinment is vested in the
President, by and with the advice and
consent of the Senate," as that language
is used in 5 U.S.C. 3347. However, since
the Environmental Protection Agency is
not, in the strict sense, an executive department, it may be that section 3347
would not apply at all to the Ruckelshaus appointment. If that is the case,
then Mr. Ruckelshaus' appointment can
only be justified as a recess appointment.
The Senate was on its Easter recess at
the time the Ruckelshaus designation
was announced. Section 5503 of title 5
covers recess appointments. That provides:
(b) A nomination to fill a vacancy [as a
recess appointment} . . . shall be submitted
to the Senate not later than 40 days after
the beginning of the next session of the
Senate.

Mr. President, the Ruckelshaus appointment can be legally justified only
under one of these two provisions. Giving
the President the benefit of the more
liberal statute, Mr. Ruckelshaus can serve
temporarily for a maximum of 40 daysand no more-from the date the Senate
returned from its Easter recess. This
would give the President until June 9,
1973, to either submit Mr. Ruckelshaus'

15137

name to the Senate, or find someone else
for the job. Otherwise, Mr. Ruckelshaus'
continued service beyond that time will
be illegal.
Mr. Ruckelshaus has an excellent reputation. He has demonstrated genuine independence as a courageous, toughminded environmental administrator.
The process of confirmation, however,
will make the Senate a partner in the
Ruckelshaus appointment and provide at
least some degree of responsibility and
authority for his appointment independent of the President.
The country has had enough of
illegality and deliberate law ft.aunting by
high officials in the Watergate case. To
have any Justice Department investigation of Watergate conducted by an FBI
Director who held office illegally would
be the final cruel irony.
I have today written President Nixon
to make him aware of this. I am confident that he will insure that the FBI
Director is in compliance with the law in
every respect.
Mr. President, I ask unanimous consent that my letter dated May 9, 1973, to
President Nixon be printed in the RECORD.
There being no objection, the letter
was ordered to be printed in the RECORD,
as follows:

MAY 9, 1973.
THE PRESIDENT OF THE UNITED STATES,
Washington, D.C.

DEAR MR. PRESIDENT: In connection with
your designation of Mr. William Ruckelshaus
as Acting Director of the Federal Bureau of
Investigation, I wish to call your attention to
several sections o! the United States Code.
Sections 3345, 3347 and 3348 of Title 5
provide in part:
"When the head of an Executive department or military department dies, resigns,
or is sick or absent . . . the President may
direct . . . another officer of an Executive
department or military department, whose
appointment is vested in the President, by
and with the advice and consent o! the Senate, to perform the duties of the office until
a successor is appointed. . . .
"A vacancy caused by death or resignation
may be filled temporarily under section 3345,
3346 or 3347 o! this title for not more than
30 days."
Section 5503 of Title 5 provides:
"(b) A nomination to fill a vacancy /as a
recess appointment/ . . . shall be submitted
to the Senate not later than 40 days after
the beginning of the next session of the
Senate."
Under the more liberal of these two provisions-and these are the only two provisions which .a llow for temporary appointments for officials subject to Senate confirmation-Mr. Ruckelshaus would be permitted to serve on a temporary basis until
June 9, 1973 (40 days from the date the
Senate returned from its Easter recess). He
may serve beyond that date only if his nomination of FBI Director is submitted to the
Senate.
In pointing this out, I do not mean to
impugn Mr. Ruckelshaus in any way. He
has an excellent reputation, and he has
demonstrated his ability in serving as a
courageous, tough-minded environmental
administrator.
However, if Mr. Ruckelshaus is to serve
more than 40 days it is essential that he be
required to go through the confirmation process. This process will make the Senate a
partner in the Ruckelshaus appointment
and provide assurance to the public that
he is qualified to serve as FBI Director.
I am enclosing a copy of a recent opinion
by the U.S. Comptroller General in connec-

 15138

CONGRESSIONAL RECORD-SENATE

tion with Mr. L. Patrick Gray's temporary
service as head of the FBI. The Comptroller
General held that that service should have
been limited to 30 days, and that his service
beyond that time was in violation of the
United States Code. Sincerely,

the Director of the Office of Management and
Budget.
(2) The term "Council" means the Intergovernmental Science and Technology Advisory Council established under section 201.
(3) Science and technology are employed
jointly to indicate the close interaction with
WILLIAM PROXMJRE,
regard to programs and policy. Science is deu.s. Senator.
fined broadly as the study of physical, biological, social, and individual behavior using
scientific method. Technology is the applicaof scient ific knowledge to the solution
THE CIVil.JIAN SCIENCE AND TECH- tion
of problems or meeting of human needs.
NOLOGY ACT OF 1973
( 4) The term "the application of science
Mr. DOMINICK. Mr. President, last and technology to civilian needs" means research
and development activities and the
week I introduced S. 1686, the Civilian application
of new and expanding technology
Science and Technology Act of 1973. I to
the solution of problems in the fields of
did not at that time have the bill printed health care, poverty, public services, public
in the RECORD. However, because of the safety, pollution, economic growth and progreat interest this legislation has gen- ductivity, housing, education, transportation,
erated, it would be most helpful to do so nutrition, communications, and energy reat this time. Therefore, I ask unanimous sources.
( 5) The term "Director" means the Director
consent that the text of S. 1686 be
the National Science Found9/tion.
printed at the conclusion of these of (6)
The term "Foundation" means the Naremarks.
tional Science Foundation.
There being no objection, the bill was
(7) The term "standard Federal region"
ordered to be printed in the RECORD, as means each o! the following regions:
(A) Region I: Connecticut, Maine, Massafollows:
chusetts, New Hampshire, Rhode Islrund, and
S.1686
Be it enacted by the Senate and House Vermont.
(B) Region II: the Commonwealth of Puerof Representatives of the United States of
America in Congress assembled, Thalt this to Rico, New Jersey, New York, and the Vi,r gin
Act may be cited as the "Civilian Science Islands.
(C) Region III: DelawM'e, the District of
and Technology Polley Act of 1973".
Columbia, Maryland, Pennsylvania, Vi:rginia,
DECLARATION OF POLICY
and West Virginia.
SEc. 2. The Congress hereby finds that(D) Region IV: Alabama, Florida, Georgia,
( 1) Federal funds for science and tech- Kentucky, Mississippi, North Carolina, South
nology represent an investment in the fu- Carolina, and Tennessee.
ture, which is indispensable to sustained na(E) Region V: Illinois, Indiana, Michigan,
tional progress;
Minnesota, Ohio, and Wisconsin.
(2) the Nation's scientific and technical
(F) Region VI : Arkansas, Louisiana, New
resources, including manpower, can con- Mexico, Oklahoma, and Texas.
tribute significantly to meeting America's
(G) Region VII: Iowa, Kansas, Missouri,
human needs in such priority problem areas and Nebraska.
as health care, poverty, public services, pub(H) Region VIII: Colorado, Montana,
lic safety, pollution, economic growth and North Dakota, South Dakota, Utah, and
productivity, housing, education, transpor- Wyoming.
tation, nutrition, communications, and en•
(I) Region IX: Arizona, California, Haergy resources;
waii, and Nevada.
(3) Federal funds for civilian research and
(J) Region X: Alaska, Idaho, Oregon, and
development activities have grown substan- Washington.
tially in recent years;
(8) The term "State" includes, in addi(4) greater attention should be given to tion to the several States of the Union,
improving the design, execution, and coor- the District of Columbia, the Commonwealth
dination of adequate programs for the ap- of Puerto Rico, and the Virgin Islands.
plication of science and technology to civil- TITLE I-NATIONAL CIVILIAN SCIENCE
ian needs;
AND TECHNOLOGY POLICY AND PRI(5) the national problems described in
ORITIES
clause (2) of this section are so complex and
PROGRAMS AUTHORIZED
interdependent that a single agency within
SEc. 101. (a) In order to strengthen the
the executive branch of the Government is
necessary for the planning, analysis, and Nation's capabilities to formulate national
development of policies and programs with science policies and priorities, the National
respect to the application of science and Science Foundation is authorized and ditechnology to civilian needs and civilian re- rected to(1) undertake programs to assess national
search and development activites priorities;
(6) particular attention ought to be given problems and the potential of science and
to the economic, sociological, psychological, technology to contribute to the solution of
legal, administrative, and institutional fac- such problems in order to identify priorities
tors which affect the application of science for civilian research and development acand technology to civilian needs and the role tivities;
(2) conduct and support studies and analof the Federal Government in altering these
yses designed to identify and assess alternafactors; and
(7) strong participation by State and local tives available for the application of science
governments is essential to the successful and technology to civilian needs, and, insofar
solution of xna.ny civilian problems, and in as possible, determine and compare the probdeveloping programs for the application of able costs, benefits, and impacts of such alscience and technology to oi vilian needs and ternatives;
(3) initiate and maintain a program to
to setting civilian research and development
collect and analyze information concerning
act ivities priorities.
civllian research and development activities
DEFINITIONS
carried on by public agencies and private
SEc. 3. As used in this Actconcerns and the application of science and
(1) The term "civilian research and devel- technology to civilian needs; and
(4) make information collected under this
opment activities" means all nondefense research and development activities as deter- subsection avaliable for use in the formumined pursuant to regulations of the Direc- lation of policy and the development of retor of the Foundation after consultation with search and development activit ies priorit ies.

May 10, 1973

(b) In carrying out activities authorized
in this title, the Foundation shall give particular attention to the economic, sociological, psychological, legal, administrative, political, environmental, and institutional factors which affect the application of science
and technology to civilian needs, and to the
role of the Federal Government in influencing such factors.
CONSULTATION AND COORDINATION

SEc. 102. (a) In carrying out the provisions of this title, the Foundation shall(1) Consider the advice of the Intergovernmental Science and Technology Advisory
Commission established under title II;
{2) consult with such other individuals
and organizations as may be appropriate ;
and
(3) coordinate its activities under this
title with other departments and agencies
undertaking or responsible for activities relevant to this title.
(b) Upon the request of the Director of
the Foundation, the heads of Federal departments and agencies shall, insofar as practicable, provide the Foundation with inforxna.tion and reports necessary to carry out
the provisions of this title.
TITLE II-INTERGOVERNMENTAL SCIENCE
AND TECHNOLOGY ADVISORY COUNCIL
ESTABLISHMENT

SEc. 201. (a) There is established in the
National Science Foundation an agency to
be known as the Intergovernmental Science
and Technology Advisory Council.
(b) The Council shall be composed of
twenty-two members to be appointed as
follows:
(1) Twenty members, two from each of the
standard Federal regions, shall be appointed
by the President, by and with the advice and
consent of the Senate.
(2) The Director of the Foundation.
( 3) The Director of the Office of Technology Assessment.
In making appointments under clause (1)
of this subsection, the President is requested
to consider the appointment of individuals
who, by reason of education, experience, or
interest, are especially qualified to serve on
the Council.
(c) The term of office of each member
of the Council appointed under clause ( 1) of
subsection (b) shall be three years; except
that( 1) the members first taking office shall
serve as designated by the President, six for
a term of one year, eight for a term of two
years, and six for a term of three years; and
(2) any member appointed to fill a vacancy
occurring prior to the expiration of the
term to which his predecessor was appointed
shall be appointed for the remainder of such
term.
(3) Each appointed member of the Council shall, while serving on business of the
Council, be entitled to receive compensation
at a rate not to exceed the daily rate prescribed for G8-18 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 intermitt ently.
FUNCTIONS OF THE COUNCIL

SEC. 202. (a) The Council shall advise and
assist the Foundation in(1) identifying and defining civilian pro!Jlems at the State, regional, and local levels
and the environment in which solutions t o
these problems must be provided;
(2) identifying areas of highest priority
for study, assessment, and development of
policy alternatives by the Foundation under
this title; and