Executive Order 12039—Science and Technology Policy Functions

RELATING TO THE TRANSFER OF CERTAIN SCIENCE AND TECHNOLOGY POLICY FUNCTIONS

By virtue of the authority vested in me by the Constitution and laws of the United States of America, including Section 7 of Reorganization Plan No. 1 of 1977 (42 FR 56101 (October 21, 1977)), Section 301 of Title 3 of the United States Code, and Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c), and as President of the United States of America, in order to provide for the transfer of certain science and technology functions, it is hereby ordered as follows:

SECTION 1. (a) The transfer, provided by Section 5A of Reorganization Plan No. 1 of 1977 (42 FR 56101) of certain functions under the National Science and Technology Policy, Organization, and Priorities Act of 1976, hereinafter referred to as the Act (90 Stat. 459, 42 U.S.C. 6601 et seq.), from the Office of Science and Technology Policy and its Director to the Director of the National Science Foundation is hereby effective.

(b) The abolition of the Intergovernmental Science, Engineering, and Technology Advisory Panel, the President's Committee on Science and Technology, and the Federal Coordinating Council for Science, Engineering and Technology (established in accordance with Titles II, III, and IV of the Act) and the transfer of their functions (Sections 205(b) (1), 303 (a) and (b) (1), and 401 of the Act, 42 U.S.C. 6614(b)(1), 6633(a) and (b) (1), and 6651 (e)) to the President of the United States of America, provided by Section 5A of Reorganization Plan No. 1 of 1977, are hereby effective.

SEC. 2. (a) The intergovernmental science, engineering, and technology functions under Section 205(b) (1) of the Act (42 U.S.C. 6614(b)(1)), which were transferred to the President (see Section 1 (b) of this Order), are delegated to the Director of the Office of Science and Technology Policy; Except that, the responsibility for fostering any policies to facilitate the transfer and utilization of research and development results is delegated to the Director of the Office of Management and Budget.

(b) The functions vested by subsection (a) of this Section in the Director of the Office of Management and Budget shall be performed in accord with the Director's responsibilities under the Intergovernmental Cooperation Act of 1968 (82 Stat. 1098, 42 U.S.C. 4201 et seq.). The Director of the Office of Science and Technology Policy shall advise the Director of the Office of Management and Budget with respect to the needs of State, regional, and local governments which may be assisted by the utilization of science, engineering, and technology research and development results.

(c) The functions vested by subsection (a) of this Section in the Director of the Office of Science and Technology Policy shall be performed in coordination with the Director of the Office of Management and Budget and with others as designated by the President.

(d) To advise the Director of the Office of Science and Technology Policy on the performance of those functions delegated to him by subsection (a) of this Section, he shall establish, in accord with the Federal Advisory Committee Act (5 U.S.C. App. I), an Intergovernmental Science, Engineering, and Technology Advisory Panel. The Panel members shall include representatives of such Executive agencies and such officials of State and local governments as the Director may designate.

SEC. 3. The Federal science, engineering, and technology functions under Section 303(a) and (b) (1) of the Act (42 U.S.C. 6633(a) and (b) (1)), which were transferred to the President (see Section l(b) of this Order), are delegated to the Director of the Office of Science and Technology Policy: Except that, those functions concerned with reorganization, including Federal-State liaison, are delegated to the Director of the Office of Management and Budget, who shall be provided advice and assistance thereon by the Director of the Office of Science and Technology Policy.

SEC. 4. The science, engineering, and technology and related activities functions under Section 401(e) of the Act (42 U.S.C. 6651 (e)), which were transferred to the President (see Section 1 (b) of this Order), are delegated to the Director of the Office of Science and Technology Policy.

SEC. 5. There is hereby established the Federal Coordinating Council for Science, Engineering, and Technology. The Council shall be composed of the Director of the Office of Science and Technology Policy, who shall be Chairman, and representatives of such other Executive agencies designated by the Chairman. The head of an agency so designated shall designate an appropriate individual to serve on the Council. The Council shall advise and assist the Director of the Office of Science and Technology Policy in the performance of those functions delegated under Section 4 of this Order.

SEC. 6. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred, reassigned, or redelegated by this Order are hereby transferred to the Director of the Office of Management and Budget, the Director of the Office of Science and Technology Policy, or the Director of the National Science Foundation, as appropriate.

SEC. 7. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property, and personnel.

SEC. 8. This Order shall be effective on February 26, 1978.

JIMMY CARTER

The White House,

February 24, 1978.

[Filed with the Office of the Federal Register, 5:12 p.m., February 24, 1978]