Reorganization Plan No. 1 of 1973 (Office of Emergency Preparedness; Office of Science and Technology; and National Aeronautics and Space Council).

REORGANIZATION PLAN NO. 1 OF 1973

MONDAY, FEBRUARY 26, 1973

HOUSE OF REPRESENTATIVES,
LEGISLATION AND MILITARY OPERATIONS SUBCOMMITTEE
OF THE COMMITTEE ON GOVERNMENT OPERATIONS,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10:05 a.m., in room 2154, Rayburn House Office Building, Hon. Chet Holifield (chairman of the subcommittee) presiding.

Present: Representatives Chet Hollifield, Don Fuqua, William S. Moorhead, Bill Alexander, Frank Horton, John W. Wydler, Clarence J. Brown, and Richard W. Mallary.

Also present: Herbert Roback, staff director; Elmer W. Henderson, counsel for legislation; Douglas Dahlin, counsel for military operations; and Warren Buhler, minority professional staff member, Committee on Government Operations.

Chairman HOLIFIELD. The hearing today is concerned with Reorganization Plan No. 1 of 1973, submitted to the Congress by President Nixon on January 26, 1973. The President's message and the text of the plan, printed as House Document No. 93-43 of January 26, 1973, will be made a part of the record. Also without objection, there will be inserted at appropriate places in the record a fact sheet on the reorganization plan issued by the White House; the text of a press conference held on January 26, 1973, by Roy L. Ash, Director of the Office of Management and Budget, discussing the reorganization plan and related developments in reorganization of the Executive Office of the President; and the text of a press release by the National Science Foundation, dated January 26, 1973, discussing the transfer of functions from the Office of Science and Technology, one of the Executive Office components to be abolished under the reorganization plan.

(The items referred to appear in app. 1, p. 95.)

Chairman HOLIFIELD. For the benefit of new Members and other persons who may not be familiar with the procedural requirements governing reorganization plans, a brief explanation is in order. This and other reorganization plans are submitted to the Congress under the authority of the Reorganization Act of 1949, as amended. That act delegates certain authority to the President to develop reorganization plans for the executive branch, which are submitted to the Congress. If either the House or Senate, by a majority vote, does not reject the plan, it takes effect (that is, has the force and effect of law) within the period specified in the plan or 60 days after its submission, if a later date is not specified. Adjournment periods of more than 3 days are not counted in the 60-day period. Reorganization Plan No. 1 of 1973, which is before us today, will take effect on July 1, 1973, if it is not disapproved.

Under the law, any Member of Congress who opposes a plan can introduce a disapproving resolution any time within the 60-day period after submission of the plan. The time for introducing such resolutions in the case of Reorganization Plan No. 1 of 1973 will expire April 6. As of this date, no disapproving resolution has been introduced in either the House or Senate.

It is the practice of this committee to hold hearings on reorganization plans whether or not disapproving resolutions have been introduced, in order to develop information on the scope and intended effects of the plan for the benefit of the Congress. When the hearing is completed, the transcript will be printed and a report will be prepared for committee consideration and submission to the House.

Today, we have representatives from the departments and agencies who are in a position to explain the rationale for the plan, which involves the abolition of certain components of the Executive Office of the President and the redistribution of certain functions to designated departments and agencies.

Briefly, Reorganization Plan No. 1 of 1973 would abolish three agencies within the Executive Office of the President; namely, the Office of Science and Technology (OST), the Office of Emergency Preparedness (OEP), and the National Aeronautics and Space Council. The functions of OST and OEP would be transferred to other departments and agencies, but those of the Space Council would be terminated.

Members of the subcommittee have been provided with background materials and undoubtedly will have numerous questions to ask the witnesses.

Our first witness this morning is the Honorable Fred Malek, Deputy Director of the Office of Management and Budget.

Before he comes on the stand we will ask Mr. Horton if he has something to say.

Mr. HORTON. Just a brief statement, Mr. Chairman.

I am pleased that we are holding a hearing on Reorganization Plan No. 1 of 1973, even though no resolution of disapproval has been introduced.

I think our review of the plan will be helpful in clarifying for the House what the effects of the plan would be. I will also like to point out that it is a proper exercise of this committee's oversight responsibility.

The functions dealt with by this plan are critical to the life of the Nation. We must make sure that their exercise is strengthened by this reorganization. In general, I commend the President's intentions of putting operating programs in line departments and agencies, of strengthening the responsibility of line officials, and streamlining the Executive Office of the President.

In particular I hope the plan will be justified by the testimony that we will receive, because I do look forward to saving the taxpayers $2 million.

Chairman HOLIFIELD. I thank the gentleman. At this point. I will place in the record a letter from Mr. Roy Ash, Director of OMB.

(The letter referred to follows:)

Hon. CHET HOLIFIELD,

EXECUTIVE OFFICE OF THE PRESIDENT,
OFFICE OF MANAGEMENT AND BUDGET,
Washington, D.C., February 22, 1973.

Chairman, Committee on Government Operations,
House of Representatives, Washington, D.C.

DEAR MR. HOLIFIELD: As I believe my staff has indicated to you, unavoidable schedule conflicts make it impossible for me to appear before the Subcommittee on Legislation and Military Operations of the House Committee on Government Operations. I have asked my deputy, Frederic V. Malek, to attend in my place to testify on Reorganization Plan No. 1 of 1973.

Please accept my apologies for my inability to meet with your Committee. I trust that the hearings will be satisfactory from both our points of view, and will lead to Congressional approval of the reorganization plan.

Sincerely,

ROY L. ASH, Director.

Chairman HOLIFIELD. Mr. Malek, you are accompanied by Mr. Dwight Ink, who sits on your right, Assistant Director of OMB, and Charles Bingman, Director of the Office of Management. You are welcome to proceed.

STATEMENT OF FRED MALEK, DEPUTY DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET; ACCOMPANIED BY DWIGHT INK, ASSISTANT DIRECTOR; CHARLES F. BINGMAN, DIRECTOR OF THE OFFICE OF MANAGEMENT; AND CHARLES F. SIMMS

Mr. MALEK. Thank you, Mr. Chairman.

Mr. Chairman and members of the committee, I am pleased to appear before you today to discuss the President's Reorganization Plan No. 1 of 1973. In submitting this plan, the President is proposing to move what are principally operational functions out of his immediate staff institution, the Executive Office of the President, into appropriate line departments and agencies. This will help assure that routine program decisions are made at the department and agency level and minimize the number of unresolved problems being handled in the Executive Office.

One objective is to reduce the size of the Executive Office, but, more important is the need for reorienting the Executive Office to focus on its original mission as a staff for top-level policy formation and monitoring of policy execution in broad functional areas. These actions are also consistent with the President's overall purpose of strengthening and upgrading the capacity of our line departments and agencies, and to press for further decentralization of Federal activity to field offices and even to the communities themselves, whereever we can bring the Government closer to the people.

The major elements are concerned with the Federal science and technology machinery and the functions of the Office of Emergency Preparedness. I will begin by addressing the former where proposed changes recognize the extent to which this area has come of age in the executive branch.

The present structures were developed during the late 1950's and early 1960's when the White House became increasingly involved in the evaluation and coordination of research and development programs, and in science policy matters, following serious examination of the effectiveness of U.S. science efforts during the post-Sputnik period. At that time it was necessary to develop an office at the Presidential level to guide and assist in strengthening the capabilities of departments and agencies to employ science and technology related to their respective missions.

Almost all executive departments and agencies have now developed a greater capacity to undertake and support relevant R. & D. in furtherance of their goals and objectives. The size and breadth of the Federal budget for R. & D. reflects the extent to which science and technology is now well accepted as an integral part of the missions of the departments and agencies.

At the same time, we recognize that there are still aspects of science and technology that require a capability to look across departments and agencies. Here the extensive growth in the scope and breadth of programs and activities of the National Science Foundation since Sputnik makes it now possible and sound to transfer the statutory functions of the Office of Science and Technology to the Director of the National Science Foundation. When we do so, we will be able to take advantage of the analytic capabilities across the spectrum of science and technology now available to the Director.

In sum, it is no longer necessary to have a single office within the Executive Office of the President specifically directed to science and technology matters. The President will continue to rely on a variety of sources of advice and counsel on science-technology matters as he always has. At the same time, he has announced his intention to ask Dr. H. Guyford Stever, current Director of the National Science Foundation, to take on the additional post of science adviser.

In this capacity, Dr. Stever would advise and assist the White House, Office of Management and Budget, Domestic Council, and other entities within the Executive Office of the President on matters where scientific and technological expertise is called for. He will be able to use the resources of the National Science Foundation, and can draw on expertise from all of the Federal agencies and from sources outside. the Federal Government. The administration will also continue to emphasize that departments and agencies must continue to build their competence to use relevant science and technology most effectively in the furtherance of their major goals and objectives.

With respect to national security, the Department of Defense has strong capabilities, in the armed services and through independent capability at the Office of the Secretary of Defense, for assessing weapons needs and for undertaking new weapons development. The President will continue to call for advise regarding military technology primarily from this source. However, in special situations, he may also seek independent studies or assessments concerning military technology from within and outside the Federal establishment. The machinery of the National Security Council, as well as the Science Adviser when appropriate, may be used for this purpose.

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