Science and Technology Leadership in American Government Ensuring the Best Presidential Appointments (1992) / Chapter Skim
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APPENDIXES
APPENDIXES
Pages 67-88
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From page 67... ...
He has written and edited several books on the presidential appointments process, including Me Politics of PresidentialAppointments, 1981, and The·n-and-Outers: Presidential Appointees and Transient Government in Washington, 1987.
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From page 68... ...
He was Administrator, Energy Research and Development Administration, 19741977; Secretary of the Air Force, 1969-1973; and Deputy Administrator, 1965-1968, and Associate Administrator, 1960-1965, National Aeronautics and Space Administration.
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From page 69... ...
Accordingly, the report addresses the problems of attracting and keeping highly specialized personnel-especially scientists and engineers- in presidentially appointed positions that are subject to the Senate confirmation process. The importance of the list is not that it is exact-it is not and never can be but that a significant proportion of politically appointed leadership positions in the federal government, at least 78 of about 550, are heavily involved in science and technology functions important to the 69
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* One of the 50 PAS positions also profiled in the Council for Excellence in Government's flee Prune Book: The 60 Toughest Science and Technology Jobs in Washington (Trattner, 19921.
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From page 71... ...
Energy Director, Civilian Radioactive Waste Management Assistant Secretary for Environment, Safety and Health Assistant Secretary for Conservation and Renewable Energy Director, Office of Alcohol Fuels Director, Office of Energy Research Assistant Secretary for Defense Programs* Assistant Secretary for Nuclear Energy Assistant Secretary for Fossil Energy Administrator, Energy Formation Service III IV Sir IV II III V IV IV IV IV IV IV IV IV IV IV IV IV IV IV IV IV (continued)
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e Prune Book: The 60 Toughest Science and Technology Jobs in Washington (Trattner, 1992~.
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* One of the 50 PAS positions also profiled in the Council for Excellence in Government's lithe Prune Book: The 60 Toughest Science and Technology Jobs in Washington (Trattner, 1992~.
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From page 74... ...
NOTE: The list includes the 50 PAS positions profiled in the Council for Excellence in Government's new publication, The Prune Book: Me 60 Toughest Science and Technology Jobs in Washington (Trattner, 1992~. It does not include 17 positions in 17'e Prune Book that are Senior Executive Service or equivalent nonappointed positions (e.g., the Director of the Defense Advanced Research Projects Agency)
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From page 75... ...
Code §207~. Section 207 was revised to establish a comprehensive, uniform, and reasonable postemployment statute covering former personnel of the legislative and executive branches.' Also, to encourage enforcement by making a range of graduated sanctions available, the act established a new class of misdemeanor violations and added civil penalties and injunctive relief to ' Section 207 was itself the result of a codification in 1962 of a maze of postemployment restrictions that had developed piecemeal since the Civil War, and it had been updated in 1978 by the Ethics in Government Act (Perkins, 1963; Roberts, 1988~.
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From page 76... ...
section 27, to the Office of Federal Procurement Policy Act, which prohibits for two years participation of any former federal officer or employee (a) in negotiations with the government on behalf of a competing contractor concerning a procurement action or subsequent contract they participated in personally and substantially while in We government and (b)
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From page 77... ...
for three years to the service from which they retired and a criminal statute prohibiting retired regular officers of the armed services for two years from representing any person from selling goods or services to the service from which they retired; and 4. Section 605 and related sections of the Department of Energy Act, which prohibit for one year a former "supervisory employee" from appearing before or communicating with DOE with the intent to influence a pending department action.2 PROBLEMS POSED BY OVERLAPPING AND CONFLICTING LAWS These provisions were all adopted before the 1989 Ethics Reform Act (some before the 1978 Ethics in Government Act)
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From page 78... ...
that would have repealed the statutes overlapping or conflicting with the Ethics Reform Act and enacted a new statute prohibiting release or receipt of procurementsensitive information. Hearings on the administration's proposal were held before the Senate Committee on Governmental Affairs in February 1991, at which officials from the Department of Defense, Department of Energy, and the National Aeronautics and Space Administration presented testimony about the adverse effects that the Procurement Integrity Act (section 27 of the Office of Federal Procurement Policy Act)
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From page 79... ...
According to an OGE analysis, every government employee is subject to five postemployment restrictions under section 207, not counting the one-year cooling-off period for Cabinet and top White House officials (see Figure Cab. The Procurement Integrity Act of 1988 (section 27)
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Two of the laws, the Procurement Integrity Act (section 27 of the Office of Federal Procurement Policy Act) and the DOD statute (10 U.S.
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From page 83... ...
Congress, 1991:140-142~: It has been our experience that postemployment restrictions have discouraged senior National Laboratory employees from considering employment with DOE, and have deprived He Department of the technological and managerial know-how of National Laboratory employees whose career paths logically would have Gem wish to return to a senior Laboratory position after service in a senior DOE position. While existing postemployment restrictions would prohibit only certain communications with, or appearances before, the Government, the postemployment restrictions of the Procurement integrity Act would prohibit certain officials who have been involved in the award, modification, or extension of a Laboratory contract from working for that National Laboratory at all for a period of two
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From page 84... ...
Congress, 1991:~891: Highly motivated and skilled engineers and scientists from both industry and educational institutions have cited the burdens, complexities, and ambiguities of the procurement integrity law as principal reasons for not wishing to devote part of their career to government service, or even "pro bono" as a public service. The most damaging impact of the procurement integrity law has been in the loss to the agency of key senior technical and managerial officials, many of whom, by virtue of their Tong tenure with the agency have contributed so dramatically to many of NASA's achievements.
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From page 85... ...
These provisions are intended to enable the government to take advantage of the expertise of exceptionally qualified former employees to deal with special situations. The Ethics Reform Act of 1989, for example, continued a provision that allows department and agency heads to exempt a former official from the postemployment restrictions in section 207 of IS U.S.C., if they certify in the Federal Register that the former official has outstanding qualifications in a scientific, technological, or other technical discipline that are specifically needed by the government in the national interest.3 Similarly, the Secretary of Energy may grant limited waivers from the postemployment restrictions of the DOE act to former officials with outstanding scientific or technological qualifications if Me Secretary certifies in the Federal Register that contact with the government that is otherwise prohibited would serve Me national interest.
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From page 86... ...
includes several prohibitions against switching sides and improper use of influence, including the lifetime ban on representation with respect to particular matters involving a specific party, such as a contract or claim, in which the former official participated personally and substantially. Section 207 also contains a oneyear ban on communications by former officials at level GS-17 or above made with intent to influence their former agencies and a one-year ban on any communication by former cabinet secretaries or high White House officials made with intent to influence their former agency or any
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From page 87... ...
requires federal employees negotiating for other employment to disqualify themselves from participation in procurements or other particular matters affecting the prospective employer. Several of Me statutes recommended for repeal impose additional restrictions to discourage improper influence or use of procurementsensitive information.
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