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MEMBERSHIP

SEC. 3. (a) The Commission shall be composed of fifteen

3 members to be appointed by the President from among the

4 fields of medicine, law, theology, biological science, physical 5 science, social science, philosophy, humanities, health ad6 ministration, government, and public affairs.

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(b) Any vacancy in the Commission shall not affect its 8 powers.

9 (c) The President shall designate one of the members 10 to serve as Chairman and one to serve as Vice Chairman 11 of the Commission.

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(d) Eight members of the Commission shall constitute a 13 quorum.

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DUTIES OF THE COMMISSION

15 SEC. 4. (a) The Commission shall undertake a com16 prehensive investigation and study of the ethical, social, and 17 legal implications of advances in biomedical research and 18 technology, which shall include, without being limited to(1) analysis and evaluation of scientific and technological advances in the biomedical sciences, current and projected;

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(2) analysis and evaluation of the implications of such advances, both for individuals and for society;

(3) analysis and evaluation through the use of

seminars and public hearings and other appropriate

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means, of public understanding of and attitudes toward such implications;

(4) analysis and evaluation of implications for pub

lic policy of such findings as are made with respect to

the biomedical advances and public attitudes.

(b) The Commission shall make maximum feasible use 7 of related investigations and studies conducted by public and 8 private agencies.

9 (c) The Commission shall transmit to the President 10 and to the Congress one or more interim reports and, not 11 later than two years after the first meeting of the Commis12 sion, one final report, containing detailed statements of the 13 findings and conclusions of the Commission, together with 14 its recommendations, including such recommendations for 15 action by public and private bodies and individuals as it 16 deems advisable.

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POWERS OF THE COMMISSION

SEC. 5. (a) The Commission or, on the authorization 19 of the Commission, any subcommittee or members thereof, 20 may, for the purpose of carrying out the provisions of this 21 joint resolution, hold such hearings, take such testimony, 22 and sit and act at such times and places as the Commission 23 deems advisable. Any member authorized by the Commis24 sion may administer oaths or affirmations to witnesses ap

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1 pearing before the Commission or any subcommittee or 2 members thereof.

3 (b) Each department, agency, and instrumentality of 4 the executive branch of the Government, including independ5 ent agencies, is authorized and directed, to the extent per6 mitted by law, to furnish to the Commission, upon request 7 made by the Chairman or Vice Chairman, such information 8 as the Commission deems necessary to carry out its functions. 9 under this joint resolution.

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(c) Subject to such rules and regulations as may be 11 adopted by the Commission, the Chairman shall have the

power to

(1) appoint and fix the compensation of an execntive director, and such additional staff personnel as he deems necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Sched

ule pay rates, but at rates not in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of such title, and

(2) procure temporary and intermittent services

to the same extent as is authorized by section 3109 of

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title 5, United States Code, but at rates not to exceed $100 a day for individuals.

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(d) The Commission is authorized to enter into con

tracts with Federal or State agencies, private firms, institu

5 tions, and individuals for the conduct of research or surveys, 6 the preparation of reports, and other activities necessary to 7 the discharge of its duties.

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COMPENSATION OF MEMBERS

SEC. 6. Members of the Commission shall receive compensation at the rate of $175 per day for each day they

are engaged in the performance of their duties as members 12 of the Commission and shall be entitled to reimbursement 13 for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of 15 the Commission.

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APPROPRIATIONS AUTHORIZED

17 SEC. 7. There is hereby authorized to be appropriated

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the sum of $1,000,000 for the fiscal year beginning July 1, 19 1971; and $1,000,000 for the fiscal year beginning July 1,

20 1972.

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TERMINATION

SEC. 8. On the ninetieth day after the date of submis

23 sion of its final report to the President and the Congress,

24 the Commission shall cease to exist.

Senator KENNEDY. I would like to ask Senator Mondale if he wishes to make any comments at this time.

Senator MONDALE. First, Mr. Chairman, I wish to express my appreciation to you for holding these hearings, and I have a full statement which I think I will just put in the record rather than read.

This is, I think, the fourth year now that we have tried to make some progress on this question. We held substantial hearings on this proposal 3 years ago in the Subcommittee on Government Research, chaired by Senator Fred Harris. It seems to me that the need for this kind of Commission on Health Science and Society is becoming more obvious every day. I sense that many who once opposed it are now for it, or at least have dropped their opposition.

Because many of the things that we predicted 4 years ago, such as the heart transplant lawsuit, are now coming true, and increasingly we see examples of where people are being experimented upon and don't know it. We are coming closer to breakthroughs in such areas as genetic engineering, by which it might be possible for one generation to more or less define what it wants in the next.

In no sense do I wish to interfere with science. Yet, I think science must serve society, and society has a right to know what science has in mind, because it, after all, has a right to say something about its own future.

I think this has to be a public process. I think there is a fear and a reluctance in the scientific community to let the public in on the act, as though the public is always irresponsible or dangerous or too rigid, or doesn't understand.

But I think, in a free society, the public must be a part of it. We obviously are. The Congress appropriates fantastic quantities of money for American medicine, which produces many of these technological breakthroughs. I don't see how we can be neutral on the matter.

For all these reasons, and the reasons I set out more fully in my statement, I am very appreciative we are having these hearings and I am hopeful we might finally adopt this resolution.

Senator KENNEDY. Your statement will be printed in its entirety in the record.

STATEMENT OF HON. WALTER F. MONDALE, A U.S. SENATOR FROM THE STATE OF MINNESOTA

Senator MONDALE. Mr. Chairman, I am very pleased that the Health Subcommittee is initiating today a series of hearings on health, science, and human rights. I think that such hearings will be very helpful to the health professions as well as to the Congress and the executive branch.

I am especially gratified that the hearings are opening with consideration of a resolution which I initially proposed in the Congress almost 4 years ago. There were extensive hearings on that proposal (S.J. Res. 145) in the 90th Congress before the Subcommittee on Government Research of the Senate Committee on Government Operations, chaired by Senator Fred Harris. We had an opportunity then to go into some of the details of developments in health sciences.

The resolution has wide bipartisan cosponsorship, including that of the Health Subcommittee chairman and the ranking minority members