2 U.S.C. § 472 — Office of Technology Assessment

Page 153 TITLE 2—THE CONGRESS § 472 to provide the legislative branch with ade- quate and timely information, independently developed, relating to the potential impact of technological applications, and (2) the present mechanisms of the Congress do not and are not designed to provide the leg- islative branch with such information. (d) Accordingly, it is necessary for the Con- gress to— (1) equip itself with new and effective means for securing competent, unbiased information concerning the physical, biological, economic, social, and political effects of such applica- tions; and (2) utilize this information, whenever appro- priate, as one factor in the legislative assess- ment of matters pending before the Congress, particularly in those instances where the Fed- eral Government may be called upon to con- sider support for, or management or regula- tion of, technological applications. (Pub. L. 92–484, § 2, Oct. 13, 1972, 86 Stat. 797.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 92–484, § 1, Oct. 13, 1972, 86 Stat. 797, provided: ‘‘That this Act [enacting this chapter and amending section 1862 of Title 42, The Public Health and Welfare] may be cited as the ‘Technology Assessment Act of 1972’.’’ TERMINATION OF OFFICE OF TECHNOLOGY ASSESSMENT Pub. L. 104–53, title I, §§ 113, 114, Nov. 19, 1995, 109 Stat. 526, provided that: ‘‘SEC. 113. Upon enactment of this Act [Nov. 19, 1995] all employees of the Office of Technology Assessment for 183 days preceding termination of employment who are terminated as a result of the elimination of the Of- fice and who are not otherwise gainfully employed may continue to be paid by the Office of Technology Assess- ment at their respective salaries for a period not to ex- ceed 60 calendar days following the employee’s date of termination or until the employee becomes otherwise gainfully employed whichever is earlier. Any day for which a former employee receives a payment under this section shall be counted as Federal service for purposes of determining entitlement to benefits, including re- tirement, annual and sick leave earnings, and health and life insurance. A statement in writing to the Direc- tor of the Office of Technology Assessment or his des- ignee by any such employee that he was not gainfully employed during such period or the portion thereof for which payment is claimed shall be accepted as prima facie evidence that he was not so employed. ‘‘SEC. 114. Notwithstanding the provisions of the Fed- eral Property and Administrative Services Act of 1949, as amended [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts], or any other provision of law, upon the abolition of the Office of Technology Assessment, all records and property of the Office (including the Unix system, all computer hard- ware and software, all library collections and research materials, and all photocopying equipment), shall be under the administrative control of the Architect of the Capitol. Not later than December 31, 1995, the Ar- chitect shall submit a proposal to transfer such records and property to appropriate support agencies of the Legislative Branch which request such transfer, and shall carry out such transfer subject to the approval of the Committees on Appropriations of the House of Rep- resentatives and the Senate.’’ § 472. Office of Technology Assessment (a) Creation In accordance with the findings and declara- tion of purpose in section 471 of this title, there is hereby created the Office of Technology As- sessment (hereinafter referred to as the ‘‘Of- fice’’) which shall be within and responsible to the legislative branch of the Government. (b) Composition The Office shall consist of a Technology As- sessment Board (hereinafter referred to as the ‘‘Board’’) which shall formulate and promulgate the policies of the Office, and a Director who shall carry out such policies and administer the operations of the Office. (c) Functions and duties The basic function of the Office shall be to provide early indications of the probable bene- ficial and adverse impacts of the applications of technology and to develop other coordinate in- formation which may assist the Congress. In carrying out such function, the Office shall: (1) identify existing or probable impacts of technology or technological programs; (2) where possible, ascertain cause-and-effect relationships; (3) identify alternative technological meth- ods of implementing specific programs; (4) identify alternative programs for achiev- ing requisite goals; (5) make estimates and comparisons of the impacts of alternative methods and programs; (6) present findings of completed analyses to the appropriate legislative authorities; (7) identify areas where additional research or data collection is required to provide ade- quate support for the assessments and esti- mates described in paragraph (1) through (5) of this subsection; and (8) undertake such additional associated ac- tivities as the appropriate authorities speci- fied under subsection (d) may direct. (d) Initiation of assessment activities Assessment activities undertaken by the Of- fice may be initiated upon the request of: (1) the chairman of any standing, special, or select committee of either House of the Con- gress, or of any joint committee of the Con- gress, acting for himself or at the request of the ranking minority member or a majority of the committee members; (2) the Board; or (3) the Director, in consultation with the Board. (e) Availability of information Assessments made by the Office, including in- formation, surveys, studies, reports, and find- ings related thereto, shall be made available to the initiating committee or other appropriate committees of the Congress. In addition, any such information, surveys, studies, reports, and findings produced by the Office may be made available to the public except where— (1) to do so would violate security statutes; or (2) the Board considers it necessary or advis- able to withhold such information in accord- Page 154 TITLE 2—THE CONGRESS § 473 ance with one or more of the numbered para- graphs in section 552(b) of title 5. (Pub. L. 92–484, § 3, Oct. 13, 1972, 86 Stat. 797.) § 473. Technology Assessment Board (a) Membership The Board shall consist of thirteen members as follows: (1) six Members of the Senate, appointed by the President pro tempore of the Senate, three from the majority party and three from the minority party; (2) six Members of the House of Representa- tives appointed by the Speaker of the House of Representatives, three from the majority party and three from the minority party; and (3) the Director, who shall not be a voting member. (b) Execution of functions during vacancies; fill- ing of vacancies Vacancies in the membership of the Board shall not affect the power of the remaining members to execute the functions of the Board and shall be filled in the same manner as in the case of the original appointment. (c) Chairman and vice chairman; selection proce- dure The Board shall select a chairman and a vice chairman from among its members at the begin- ning of each Congress. The vice chairman shall act in the place and stead of the chairman in the absence of the chairman. The chairmanship and the vice chairmanship shall alternate between the Senate and the House of Representatives with each Congress. The chairman during each even-numbered Congress shall be selected by the Members of the House of Representatives on the Board from among their number. The vice chair- man during each Congress shall be chosen in the same manner from that House of Congress other than the House of Congress of which the chair- man is a Member. (d) Meetings; powers of Board The Board is authorized to sit and act at such places and times during the sessions, recesses, and adjourned periods of Congress, and upon a vote of a majority of its members, to require by subpena or otherwise the attendance of such witnesses and the production of such books, pa- pers, and documents, to administer such oaths and affirmations, to take such testimony, to procure such printing and binding, and to make such expenditures, as it deems advisable. The Board may make such rules respecting its orga- nization and procedures as it deems necessary, except that no recommendation shall be re- ported from the Board unless a majority of the Board assent. Subpenas may be issued over the signature of the chairman of the Board or of any voting member designated by him or by the Board, and may be served by such person or per- sons as may be designated by such chairman or member. The chairman of the Board or any vot- ing member thereof may administer oaths or af- firmations to witnesses. (Pub. L. 92–484, § 4, Oct. 13, 1972, 86 Stat. 798.) § 474. Director of Office of Technology Assess- ment (a) Appointment; term; compensation The Director of the Office of Technology As- sessment shall be appointed by the Board and shall serve for a term of six years unless sooner removed by the Board. He shall receive basic pay at the rate provided for level III of the Exec- utive Schedule under section 5314 of title 5. (b) Powers and duties In addition to the powers and duties vested in him by this chapter, the Director shall exercise such powers and duties as may be delegated to him by the Board. (c) Deputy Director; appointment; functions; compensation The Director may appoint with the approval of the Board, a Deputy Director who shall perform such functions as the Director may prescribe and who shall be Acting Director during the ab- sence or incapacity of the Director or in the event of a vacancy in the office of Director. The Deputy Director shall receive basic pay at the rate provided for level IV of the Executive Schedule under section 5315 of title 5. (d) Restrictions on outside employment activities of Director and Deputy Director Neither the Director nor the Deputy Director shall engage in any other business, vocation, or employment than that of serving as such Direc- tor or Deputy Director, as the case may be; nor shall the Director or Deputy Director, except with the approval of the Board, hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other arrangement under this chapter. (Pub. L. 92–484, § 5, Oct. 13, 1972, 86 Stat. 799.) § 475. Powers of Office of Technology Assessment (a) Use of public and private personnel and orga- nizations; formation of special ad hoc task forces; contracts with governmental, etc., agencies and instrumentalities; advance, progress, and other payments; utilization of services of voluntary and uncompensated personnel; acquisition, holding, and disposal of real and personal property; promulgation of rules and regulations The Office shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this chapter, including, but without being lim- ited to, the authority to— (1) make full use of competent personnel and organizations outside the Office, public or pri- vate, and form special ad hoc task forces or make other arrangements when appropriate; (2) enter into contracts or other arrange- ments as may be necessary for the conduct of the work of the Office with any agency or in- strumentality of the United States, with any State, territory, or possession or any political subdivision thereof, or with any person, firm, association, corporation, or educational insti- tution, with or without reimbursement, with- out performance or other bonds, and without regard to section 6101 of title 41;