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NATIONAL SCIENCE BOARD

Question

Answer

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Did the Foundation's recommendations for new Board Members include any non-scientific or pre-college science educators? If not, how can such action be encouraged?

In response to the solicitation for recommendations
for nominations to the National Science Board, over
400 names were submitted for the vacancies which
occurred on the Board in May 1978. Sources submit-
ting recommendations included the Congress; the
general public; the scientific and educational com-
munities; and NSF advisory bodies and staff. These
recommendations included representatives of the
major fields of science, law, public affairs, and
science education. From among these, the National
Science Board and the Director of the National
Science Foundation made its own joint recommenda-
tions and these, together with all names received
from all sources, were submitted to the White House
on September 30, 1977. The joint recommendations
of the Board and the Director did include a non-
scientist. Although these recommendations did not
include a precollege science educator, they did
contain the name of Dr. Walter E. Massey, Dean of
the College and Professor of Physics, Brown Uni-
versity. Dr. Massey is presently a nominee to the
National Science Board.

Dr. Massey participates directly in science education at the precollege level, through involvement as a project director for academic year institutes for urban high school teachers in science, and has published widely in this area.

Dr. Massey received the Outstanding Educator of
America award in 1974 and a Distinguished Service
Citation from the American Association of Physics
Teachers.

Among the current Members of the Board, Dr. Lloyd M.
Cooke is Vice Chairman of the Economic Development
Council of New York City (EDC). He is on loan from
the Union Carbide Corporation for two years and is
serving as a senior consultant to the External Re-
lations Group of EDC. Dr. Cooke leads EDC efforts
in cooperation with the school system, the teachers'
union, and others in the private sector to help in-
crease the communication and computational skills
of those who graduate from public high school.

Dr. Cooke has served actively on the High School Advisory Committee of the EDC since its inception in 1970. He has led the Union Carbide team which

has participated in the important work of the BedSty Street Academy for nine years. During the 1976-77 school term the Academy enabled 235 previously disruptive and truant students to achieve a high level of self-control and self-confidence in a unique environmental readiness and learning readiness program. These students were then returned to Boys & Girls High School where they proceeded to function "normally."

In addition to the direct involvement of Dr. Massey and Dr. Cooke in precollege science education, most Members and nominees of the National Science Board have indirectly participated in activities at this level through programs at their institutions which include high school students and teachers of science at the high school level or below.

In addition, the Director and senior staff receive advice from the National Science Foundation Advisory Council, a body established to provide advice and counsel on matters of Foundation-wide concern. It operates at the agency level in order to provide a perspective from outside the Foundation on issues that transcend matters of concern to an individual discipline or program area, and that relate to the Foundation's interaction with the scientific community, with the Congress, and with the public. It includes the following individuals who are nonscientists or precollege science educators:

Emilio Q. Daddario, Attorney

Saville R. Davis, Special Correspondent for The
Christian Science Monitor

Carleton E. McMullin, City Manager, Little Rock,
Arkansas

Harold R. Sims, Vice President, Corporate Affairs,
Johnson & Johnson

Constance P. Tate, Coordinator of Science, Baltimore City Public School System

The various directorates of the National Science Foundation also have advisory committees. Those advising in particular the Directorate for Science Education and the Directorate for Applied Science and Research Applications also include representation from the nonscience and precollege science education communities.

Thus, the National Science Foundation has available to it, from a variety of sources, input and advice from not only the scientific community but also from the nonscience and science education portions of society.

NATIONAL SCIENCE BOARD

Question

Answer

I understand that new financial disclosure laws
are presenting some problems for Board nominees.
Can you describe the nature of the difficulty?

Two recent nominees to the Board, understanding
that the Ethics in Government Act of 1978 would
require public disclosure of the private finances
of them and their families as a precondition to
appointment, asked that their names be withdrawn
from the nomination process. The Office of Govern-
ment Ethics subsequently issued an opinion (copy
attached) to the effect that public disclosure is
not required of appointees who serve in their
positions for less than sixty days a year, though
nonpublic filing of the same financial disclosure
forms would be administratively required of
Presidential nominees in this category.

One of the two persons who had asked that their
names be withdrawn is satisfied with this resolu-
tion of the matter, so long as the Legislative
Branch, and specifically your Committee, agrees
with this official interpretation of the Ethics
Act, and will similarly respect the confidential-
ity of his private finances. The other person
considered that some of the detail requested in
the Ethics Act forms is not necessary to reveal
any conflict of interests he might have in con-
nection with his membership on the Board and that
. any possible conflict could be determined from
information which he is willing to provide and
has already provided to the White House.

In general, these two nominees and other nominees
and current Members of the Board have been less con-
cerned with their personal situations than with the
principle they have seen that is involved. The
financial disclosure requirements, particularly
as applied to persons who are private citizens and
are considered as Government employees only because
of sporadic service on a Board or other advisory
group, have seemed to them unduly intrusive and
invasive of personal privacy.

United States Government
MEMORANDUM

Subject

From.

To:

Office of Personnel Management

In Reply Reter To:

Financial Disclosure By Persons Who Are Expected Date F6 1979
to Perform Duties For a Period of 60 Days or
Less Ethics in Government Act of 1978
Director, Office of Government Ethics

Heads of Departments, Independent Agencies and
Government Corporations

Your Reference:

The question has arisen whether Section 201 of the Ethics in Government Act of 1978, P.L. 95-521, requires reports by persons assuming, nominated to, or terminating employment in, a position designated in Section 201(f) of the Act, even though the terms of such person's employment or appointment is expected to involve or actually involves service of 60 days or less. The question is generated by the fact that the primary reporting provision, Section 201(d), which requires an annual report on or before May 15 of each year, specifically excludes such persons, while other provisions do not expressly do so.

It is clear from the legislative history of the Act that arrival and departure reports were designed to be in aid of, and were viewed as directly connected with, the May 15 annual report. See S. Rep. No. 95-170, 95th Congress, 1st Sess. p.111 (1977). If no annual report is required, no report ancillary to it should be required. Although other considerations may be applicable in the case of Presidential appointees, and the legislative history does not separately address such cases, it is clear that Congress did not intend individuals serving part-time to make the unrestricted public disclosure of financial interests that the government requires in the case of full-time employees. On the other hand, the basic need remains for such reporting as will satisfy agency ethics counsellors and Congressional committees considering nominations that there is no apparent conflict-of-interest.

In reaching this conclusion, we have sought the opinions of those closely involved in the drafting of the Act, and they are in concurrence.

Accordingly, pursuant to Section 201(g) of the Act, I hereby authorize an across-the-board extension of 90 days with

respect to the filing of public financial disclosure reports by 1) persons joining the government in a position described in 201(f) but who are expected to serve 60 calendar days or less; 2) persons leaving a position described in 201(f) who served less than 60 calendar days; and 3) nominees of the President to a position, appointment to which requires the advice and consent of the Senate, who are expected to serve for 60 calendar days or less in any calendar year. If any of the above described persons joining the government should actually work 61 days in this calendar year, this extension shall no longer apply and the reports required by Section 201(b) would be due immediately. However, as a condition of and in connection with this extension, the following rules shall apply to persons joining the government whose duties are expected to involve less than 61 days of service during this calendar year:

1. Each special government employee whose appointment does not require the advice and consent of the Senate shall comply with the requirements for reporting established by the agency for which he will serve, and each executive agency shall require at least such reporting as is prescribed by Form 278A, issued by this Office.

2. Each nominee of the President to a position, appointment to which requires the advice and consent of the Senate, shall fill out reporting Form 278A and deliver it to the designated agency ethics official in the agency in which he will, if appointed, serve. Delivery shall be made within 10 days of the transmittal of his nomination by the President. Such officer shall also transmit a copy to the Counsel to the President.

3.

Neither the Form 278A or any similar reports filed, nor any copies, shall be made public, but shall be reviewed by the designated agency ethics official and other recipients for purpose of determining the existence of, and protecting against, potential conflicts-of-interest.

4. A nominee shall also make available to any Committee of the Senate or Congress considering his nomination, such information as the Committee, in its discretion, shall desire for this purpose.

If the reporting requirements for these individuals are not legislatively clarified within the aforesaid 90 days,

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