Each Assistant Director shall receive basic pay at the rate provided for level V of the Executive Schedule under section 5316 of title V, United States Code, and shall perform such duties and exercise such powers as the Director may prescribe. EXCERPTS FROM SENATE AND HOUSE COMMITTEE REPORTS (Referring to Section 6(a), Regarding Appointing a Deputy Director) The provisions of Section 6(a) were added to the NSF Act with the enactment of P. L. 90-407. When the provisions of Section 6 were under review in the Congress, the reports on the bill (H.R. 5404) noted: (5) In keeping with the Committee's view that the Foundation deserves, and should be accorded, a top-level role in the Federal scientific structure, the bill elevates the Director from level III to level II of the executive pay schedule. The Director is thus placed on a par with the heads of most other independent agencies, a position he should clearly have, considering the Government-wide nature of the Foundation's mission and the many important relationships it must maintain both in and out of the Federal environment. The Committee notes that of the 18 officials placed at level II under current law (5 U.S.C. 5313), 13 are heads of independent agencies. Thus the precedent for the move is well established, and to deny this status to the Director of the Foundation would appear to be an unnecessary inequity (sec. 5(a)). (6) The bill makes the NSF Deputy Director a Presidential appointee and elevates him from level V to level III. This again is consistent with the structure in other independent agencies (sec. 6(a)). 2 2 (5) In keeping with the Committee's view that the Foundation deserves and should be accorded, a top-level role in the Federal scientific structure, the bill elevates the Director from level III to level II of the Executive Schedule Pay Rates. The Director is thus placed on a par with the heads of most other independent agencies, a position he should clearly have, considering the Government-wide nature of the Foundation's mission and the many important relationships it must maintain both in and out of the Federal environment. The committee notes that of the 18 officials placed at level II under current law, 13 are heads of independent agencies. Thus the precedent for the move is well established and to deny this status to the Director of the Foundation would appear to be a flagrant inequity (sec. 5(a)). (6) For the same reasons as set out in the preceding paragraph the bill elevates the NSF Deputy Director from level V to level III. This again is consistent with the structure in other independent agencies (sec. 6(a)). 3 The CHAIRMAN. Dr. Bisplinghoff, do you have any statement you desire to make? Do you have any statement yourself? We would be glad to hear from you. STATEMENT OF RAYMOND L. BISPLINGHOFF, OF MASSACHUSETTS, NOMINATED TO BE DEPUTY DIRECTOR OF THE NATIONAL SCIENCE FOUNDATION Dr. BISPLINGHOFF. No, sir. I have no prepared statement, Mr. Chairman, only to say that I am looking forward to this assignment with a great deal of enthusiasm and I hope I can be of some service to my country. Senator JAVITS. Mr. Chairman, may I ask a question? The CHAIRMAN. I yield to the distinguished Senator from New York. Senator JAVITS. Mr. Bisplinghoff, you have presented to us a summary of your investments. Dr. BISPLINGHOFF. Yes, sir. Senator JAVITS. I required of you an explanation of a particular aspect of that summary which is incorporated in the letter of September 10, 1970. * Senate Report No. 1137, 90th Congress, 2d Session, pg. 18. House Report No. 34, 90th Congress, 1st Session, pg. 23. The summary itself is dated June 30, 1970. This represents the total financial situation in terms of investments which you have. Is that correct? Dr. BISPLINGHOFF. Yes, sir, that is correct. Senator JAVITS. Is there any other aspect of the matter which relates to your family which is not reflected by this statement-your immediate family; that is, your wife and children? Dr. BISPLINGHOFF. No, sir; nothing other than a home and an automobile. Senator JAVITS. But this is it? Dr. BISPLINGHOFF. This is it. Senator JAVITS. Now this is confidential to the committee and will be so treated, but you do state that what we have in our files which I have identified represents the whole story. Dr. BISPLINGHOFF. Yes, sir; this is the sum total of my invest ments. Senator JAVITS. Good. Thank you very much. You contemplate no conflict of interest or anything like that, do you? Dr. BISPLINGHOFF. No, sir. Senator JAVITS. If there is any conflict between your duty and your investments, what will you do-dispose of your investments or resign? Dr. BISPLINGHOFF. I will dispose of my investments reluctantly but I will do it. Senator JAVITS. Thank you very much. Mr. Chairman, that is all. The CHAIRMAN. Mr. Bisplinghoff, you have had very wide experience as an educator, student, scientist, Government official with NASA, in the academic field at MIT and other fields. In that broad field, of course having such broad and varied experiences you well know the rules on the conflict of interest and you have a scientific mind to analyze. Knowing the views of this office and knowing your hopes, do you see where there will be any conflict of interest in the decisions you will be called upon to make and the investments you hold? Dr. BISPLINGHOFF. No, sir. The CHAIRMAN. If those companies in which you hold investments do as some do, go out and buy other companies-there might be some question-let me recommend that you dispose of the stock before the actual event of conflict arises. Dr. BISPLINGHOFF. Yes, sir. The CHAIRMAN. Because you have such broad duties here as Deputy Director of the National Science Foundation it is a very difficult position. The law and ethics only require that the man not be in the position of a conflict of interest, it does not require that he go sell everything that he has and put it in Government bonds. The ranking minority member or any other member of the committee has a right to see your financial statement if they desire, but unless they request it we keep it confidential. From your very modest holdings and the great honors that have come to you and the great things you have done, it is very patent that your aim is not making money. That is understandable from the modesty of your statement, the positions you have held, the great things you have done, and the places you have worked. So you are satisfied there is no conflict of interest. The CHAIRMAN. So am I. We are grateful to your dedication in using the great, vast store of scientific knowledge that has been accumulated for the advancement of health and strength of our society. Thank you very much. Dr. BISPLINGHOFF. Thank you, Mr. Chairman. The CHAIRMAN. That is all the questions I have. The CHAIRMAN. Gentlemen, we will have an executive session Wednesday and this nomination will be considered. Hopefully we will be able to get a quorum. It is always easier on Wednesdays than Mondays. So I set 10 o'clock Wednesday morning for an executive session. The full committee is now adjourned until 10 o'clock Wednesday morning at which time we will go into executive session. The hearing is adjourned. (Whereupon, at 11:50 a.m., the committee adjourned.) LABOR AND PUBLIC WELFARE UNITED STATES SENATE NINETY-FIRST CONGRESS SECOND SESSION ON EDWARD E. DAVID, JR., OF NEW JERSEY, TO BE DIRECTOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY 50-245 MONDAY, SEPTEMBER 14, 1970 Printed for the use of the Committee on Labor and Public Welfare U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1970 DEPOSITED BY THE OMITED STAIN |