I do not know that that is not the case at the present time. I am just not current. I should remind you, however, that my background is not devoid of activities in aeronautics. I am a member of the AIAA, a fellow, I think, and have been in the aeronautics end of things for some time. I should add that, for example, I was a member of the Military Aircraft Panel of the PSAC for a number of years. So I am interested in it and know a little bit about it; but I am not as familiar as I ought to be with the recent activities of NASA in this regard. Senator GOLDWATER. But you will go into this office fully aware of the responsibilities of NASA to further work in aeronautics? Dr. FLETCHER. Yes, Senator Goldwater, very much so. I am very much interested in the aeronautics program and I think the "A" is a very important part of NASA. Senator GOLDWATER. I thank you very much. Thank you, Mr. Chairman. The CHAIRMAN. Senator Gambrell? VIEWS ON NERVA PROGRAM Senator GAMBRELL. Dr. Fletcher, I would also like to welcome you and to say that your background should contribute a great deal to the NASA program. Let me ask you a couple of questions. One is in reference to your association or former affiliation with Aerojet General. I understand that relationship terminated some years back, 7 or 8 years. Do you now have any holdings of stock or otherwise in that company? Dr. FLETCHER. No, Senator, I do not. I have absolutely no holdings in Aerojet. Senator GAMBRELL. You did at one time, as I understand it. Dr. FLETCHER. I used to own Aerojet common stock. I do not remember the exact date that I sold it, but it was at least 5 years ago. Senator GAMBRELL. My reason for asking was in reference to the fact that Aerojet is involved in the space program itself and in particular with the NERVA program. Are you familiar with their involvement in that program? Dr. FLETCHER. Yes, at the time I was involved with Aerojet, they were involved with NERVA. I was somewhat familiar with the program then, although that was not my direct responsibility. But I was peripherally involved in the program. Senator GAMBRELL. Could you give us a general statement of your feeling toward the NERVA program as to its desirability and its ultimate utility in our space program? Do you have an opinion about that? Dr. FLETCHER. Yes, Senator, I do. As I mentioned earlier, I do agree in essence with the statement that was read by Senator Cannon. But to rephrase it, I think that the NERVA program is a very important technological development and can have very useful applications, a number of which were mentioned earlier. I agree with that state ment. Senator GAMBRELL. Do you think that the development of nuclear technology has wide application in space aside from its applications in the non-nuclear context? Dr. FLETCHER. Well, I am not sure I understand the question. Senator GAMBRELL. I am just wondering if the technology, nuclear engine technology, has some peculiar applications in space that can't be developed in connection with other energy application? Dr. FLETCHER. Yes, we would not be developing the NERVA rocket if nuclear technology did not have some direct application to space. Senator GAMBRELL. I am just wondering if you think it is an urgently needed piece of technology in space or whether it is an experimental thing that we do not necessarily need or do not necessarily need immediately. Dr. FLETCHER. I think it is needed and it will be very useful in a number of applications. Not all of these applications are funded at the present time. If we decide to go in any of the several directions that were mentioned in the report, the NERVA would be a useful adjunct to those applications. Senator GAMBRELL. That is all the questions I have, thank you. IMPORTANCE OF SPACE PROGRAM Senator WEICKER. Yes, thank you very much, Mr. Chairman. Just one very brief question. I am truly impressed by his credentials. I think they are great. I think we are fortunate to have a man of your ability willing to take this job. I hope you will respond to this challenge, that you will lead the charge on behalf of science and technology and the space program. To carry forth the statement of Senator Smith, I think it is high time that this was brought out of the laboratories and the classrooms and made understandable to the American public. I do not enjoy, nor do those of us who sit on the committee, hearing that we are on a second-rate committee now, any more than the members of NASA like to be referred to as second rate in the minds and in the hearts of their countrymen. So really, I suppose my question is that I would hope, Dr. Fletcher, that you will not be a passive head of NASA, paying attention only to the participants in that program. But I think the time has come to pay a great deal of attention to the people who are paying for the program and maybe do not understand exactly what they are getting. Dr. FLETCHER. I agree with you, Senator. I have never had the reputation of being passive, although there is a first time, I suppose. for everything. I sincerely hope that I can carry out this function. I believe in communications. I think it is extremely important not just for NASA but for any other program. Furthermore, I do not believe this is a second-rate program. That is the first time I had heard that expression. I would not have taken the assignment or accepted the nomination if I thought it was a secondrate program. Senator WEICKER. Well, neither would I, except when I read in a magazine that this committee is losing its importance because there are many Senators getting off this committee and freshmen going on. I want you to know it was my first choice. I believe as you believe. But I believe what is of concern to me, and I think this should be of deep concern to everybody. In downgrading this program, we are down grading the whole concept of science and technology and this is the great danger to our Nation at this time compared to other great powers throughout the world. Would you agree with that? Dr. FLETCHER. Yes, sir; I agree with that. The CHAIRMAN. That was a roll call on final passage. We have to recess. I would hope that you might remain so the staff director can ask a few questions. We will try to get back in 15 minutes or so. (Brief recess) Mr. GEHRIG. Thank you, Mr. Chairman. Mr. Chairman, the senior Senator from Missouri, Senator Symington, has informed the committee that he is sorry he cannot be here. He has another committee meeting that he must attend. He leaves his proxy with you. He has spoken with Dr. Fletcher and approves of his nomination to the position of Administrator of the National Aeronautics and Space Administration. GUIDELINES FOR ADMINISTRATOR Dr. Fletcher, pursuant to your financial statement, after you have sold the securities which you referred to in your letter, will you notify the chairman and the ranking minority member of this committee? Dr. FLETCHER. Yes; I will do so. Mr. GEHRIG. In the letter to the chairman, you say that you will resign your position as president of the University of Utah. What will your relationship be with the university when you become Administrator of NASA? Dr. FLETCHER. None that I know of except that I will have three children attending there. Mr. GEHRIG. In your biography under current affiliations with the U.S. Government, I note that you are a member of the President's Science Advisory Committee and a member of the board of advisers of the Jet Propulsion Laboratory. You do not mention resigning these in your letter. What do you propose to do about these positions? Dr. FLETCHER. I am very sorry I did not mention them in the letter, but I propose to resign from both of those. Mr. GEHRIG. With the committee's permission I will place in the record sections 202 and 203 of title 2 of the National Aeronautics and Space Act of 1958, as amended. These sections have to do with the establishment of NASA, the appointment of the Administrator and his Deputy, the functions of the agency, and the responsibilities of the Administrator. (The committee had no objection.) (The information referred to follows:) 1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SEC. 202. (a) There is hereby established the National Aeronautics and Space Administration (hereinafter called the "Administration"). The Administration The Federal Executive Salary Act of 1964, supra (sec. 305(12), 78 Stat. 423), repealed the language in sec. 202, 72 Stat. 429, fixing the compensation of the Administrator and Deputy Administrator at per annum rates of $22,500 and $21,500, respectively. In lieu thereof, the positions of Administrator and Deputy Administrator were placed in level II ($30.000) and level III ($29,500), respectively, of the Federal Executive Salary Schedule. In addition, the Federal Executive Salary Act of 1964 placed seven other NASA positions in designated levels of the Federal Executive Salary Schedule (78 Stat. 416 as amended, 5 U.S.C. 5311-6317). (See p. 92 hereto.) shall be headed by an Administrator, who shall be appointed from civilian life by the President by and with the advice and consent of the Senate. Under the supervision and direction of the President, the Administrator shall be responsible for the exercise of all powers and the discharge of all duties of the Administration, and shall have authority and control over all personnel and activities thereof. (b) There shall be in the Administration a Deputy Administrator, who shall be appointed from civilian life by the President by and with the advice and consent of the Senate and shall perform such duties and exercise such powers as the Administrator may prescribe. The Deputy Administrator shall act for, and exercise the powers of, the Administrator during his absence or disability. (c) The Administrator and the Deputy Administrator shall not engage in any other business, vocation, or employment while serving as such. FUNCTIONS OF THE ADMINISTRATION SEC. 203. (a) The Administration, in order to carry out the purpose of this Act, shall (1) plan, direct, and conduct aeronautical and space activities; (2) arrange for participation by the scientific community in planning scientific measurements and observations to be made through use of aeronautical and space vehicles, and conduct or arrange for the conduct of such measurements and observations; and (3) provide for the widest practicable and appropriate dissemination of information concerning its activities and the results thereof. (b) In the performance of its functions the Administration is authorized(1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exercise of the powers vested in it by law: (2) to appoint and fix the compensation of such officers and employees as may be necessary to carry out such functions. Such officers and employees shall be appointed in accordance with the civil-service laws and their compensation fixed in accordance with the Classification Act of 1949, except that (A) to the extent the Administrator deems such action necessary to the discharge of his responsibilities, he may appoint not more than four hundred and twenty-five of the scientific, engineering, and administrative personnel of the Administration without regard to such laws, and may fix the compensation of such personnel not in excess of the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended, and (B) to the extent of the Administrator deems such action necessary to recruit specially qualified scientific and engineering talent, he may establish the entrance grade for scientific and engineering personnel without previous service in the Federal Government at a level up to two grades higher than the grade provided for such personnel under the General Schedule established by the Classification Act of 1949, and fix their compensation accordingly; (3) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain laboratories, research and testing sites and facilities, aeronautical and space vehicles, quarters and related accommodations for employees and dependents of employees of the Administration, and such other real and personal property (including patents), or any interest therein, as the Administration deems necessary within and outside the continental United States; to acquire by lease or otherwise, through the Administrator of General Services, buildings or parts of buildings in the District of Columbia for the use of the Administration for a period not to exceed ten years without regard to the Act of March 3, 1877 (40 U.S.C. 34); to lease to others such real and personal property; to sell and otherwise dispose of real and personal property (including patents and rights thereunder) in accordance with the provisions of 8 Clause (A) of sec. 203(b)(2), as amended, was further amended August 14, 1964. to read as above by sec. 306(d) (78 Stat. 429) of the Federal Executive Salary Act of 1964, supra. Original language of clanse (A) appeared at 72 Stat. 429, and previous amendments thereto appear in Public Law 86-481 (74 Stat. 153); Public Law 87-367, 75 Stat. 791; Public Law 87-793 (76 Stat. 864). For annual report to Congress, see appendix A. Authority to lease buildings in the District of Columbia was added to sec. 203(b) (3), 72 Stat. 430, by Public Law 86-20, May 13, 1959 (73 Stat. 21). the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.); and to provide by contract or otherwise for cafeterias and other necessary facilities for the welfare of employees of the Administration at its installations and purchase and maintain equipment therefor; (4) to accept unconditional gifts or donations of services, money, or property, real, personal, or mixed, tangible or intangible; (5) without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its work and on such terms as it may deem appropriate, with any agency or instrumentality of the United States, or with any State, Territory, or possession, or with any political subdivision thereof, or with any person, firm, association, corporation, or educational institution. To the maximum extent practicable and consistent with the accomplishment of the purpose of this Act, such contracts, leases, agreements, and other transactions shall be allocated by the Administrator in a manner which will enable small-business concerns to participate equitably and proportionately in the conduct of the work of the Administration; (6) to use, with their consent, the service, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and private agencies and instrumentalities in the use of services, equipment, and facilities. Each department and agency of the Federal Government shall cooperate fully with the Administration in making its services, equipment, personnel, and facilities available to the Administraton, and any such department or agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Administration, without reimbursement, aeronautical and space vehicles, and supplies and equipment other than administrative supplies or equipment; (7) to appoint such advisory committees as may be appropriate for purposes of consultation and advice to the Administration in the performance of its functions; (8) to establish within the Administration such offices and procedures as may be appropriate to provide for the greatest possible coordination of its activities under this Act with related scientific and other activities being carried on by other public and private agencies and organizations; (9) to obtain services as authorized by section 15 of the Act of August 2, 1946, (5 U.S.C. 3109 (b)), at rates not to exceel $100 per diem for individuals: (10) when determined by the Administrator to be necessary, and subject to such security investigations as he may determine to be appropriate, to employ aliens without regard to statutory provisions prohibiting payment of compensation to aliens ; [(11)] Repealed." (12) with the approval of the President, to enter into cooperative agreements under which members of the Army, Navy, Air Force, and Marine Corps may be detailed by the appropriate Secretary for services in the performance of functions under this Act to the same extent as that to which they might be lawfully assigned in the Department of Defense: (13) (A) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, in full satisfaction thereof, any claim for $5,000 or less against the United States for bodily injury, death, or damage to or loss of real or personal property resulting from the conduct of the Administration's functions as specified in subsection (a) of this section, where such claim is presented to the Administration in writing within two years after the accident or incident out of whcih the claim arises; and 10 Sec. 402(a) (34) of the Dual Compensation Act (Public Law 88-448, August 19, 1964, 78 Stat. 495) repealed sec. 203(b)(11), 72 Stat. 431. which formerly authorized NASA "to employ retired commissioned officers of the armed forces of the United States and compensate them at the rate established for the positions occupied by them within the Administration. subject only to the limitations in pav set forth in sec. 212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a)." The Dual Compensation Act (5 U.S.C. 3226, 3501. 3502, 5531-5533, 6303), effective Dec. 1. 1964, was designed to simplify, modernize and consolidate the laws concerning the civilian employment of retired members of the uniformed services. ***" Pertinent portions of the Dual Compensation Act are set forth in part 11(b) of this document. |