CHAPTER 6 



EFFECTS OF RECENT LEGISLATION ON AGENCY SUPPORT OF 



BASIC RESEARCH 



Introduction 



To generate the material for this chapter each 

 Federal agency was asked, "What legislation in 

 the past 8 to 10 years has had a significant impact 

 on your agency's support of basic research?" 



Some agencies listed recent enabling legislation 

 that defines their missions, with no comment 

 about its impact on basic research. Others listed 

 general legislation not directly related to their own 

 missions. Others indicated that the question did 

 not apply to them because no substantial changes 

 in their statutory authorities or responsibilities 

 had occurred recently. (Some agency responses 

 contained in Part I include comments on signifi- 

 cant recent legislation affecting the agency mis- 

 sion.) 



Frequently the acts and legislation cited by 

 agencies are not specifically related to their basic 

 research. Respondents most often identified legis- 

 lation that had a significant impact on all research 

 and development activities and did not confine 

 their comments to their basic research activities. 

 This is easily understandable in view of the lack 

 of sharp distinction between development, ap- 

 plied, and basic research and the frequent inter- 

 mingling of these activities. 



General Legislation 



In the past decade a number of Federal statutes 

 have been enacted that affect all sectors of socie- 

 ty, including institutions that conduct basic re- 

 search — Government agencies, universities, indus- 

 try, and nonprofit research organizations. Some 

 statutes can be classified as general legislation 

 that was passed in response to concerns for the 

 welfare of the Nation and that may have affected 

 basic research only incidentally. Nevertheless, 

 some agencies point to them as having impact. In 

 some cases the impact is regarded as positive, in 

 others as inhibiting. 



Civil Rights 



One such "general" act is the Civil Rights Act 

 of 1964, as amended, and the related implement- 

 ing affirmative action requirements for employ- 

 ment of minorities and women. Nonfederal orga- 



nizations or activities supported by Federal funds 

 that are found in noncompliance become ineligible 

 to continue receiving Federal funds. In recent 

 years, a number of universities and other research 

 organizations have been held in noncompliance 

 and threatened with the withholding of all Federal 

 funds. To be in compliance, the universities or 

 research organizations must employ an adequate 

 number of minorities and women. They must ad- 

 just salaries so that each employee is given equal 

 pay for the same work or position. These require- 

 ments often call for significant changes in the 

 structure of the whole institution and are not con- 

 fined to those activities that are directly federally 

 funded, such as research or student aid. Moreov- 

 er, the requirements accompanying one small 

 grant or contract can have the same institutional 

 effect on a university as a high level of Federal 

 funding. 



Implementing this law, then, has imposed sub- 

 stantial costs on the most active research univer- 

 sities because of necessary salary adjustments, 

 new employment requirements, and increased 

 record keeping and reporting, all of which require 

 additional bureaucratic structure. For universities 

 that are under heavy financial stress, these costs 

 are a severe burden and adversely affect the sup- 

 port services available for research, according to 

 agency reports. 



Environment and Protection of Life 



Another set of enactments with nationwide 

 impact deals with the environment and protection 

 of life. The particular measures cited by the agen- 

 cies include the Water Pollution Control Act, the 

 Coastal Zone Management Act, the National En- 

 vironmental Policy Act of 1969, the Clean Air Act 

 of 1976, the Endangered Species Act of 1973, the 

 Marine Mammal Protection Act, and the Occupa- 

 tional Safety and Health Act. In some cases, it is 

 claimed, the cost of doing the same research is 

 increased as performers comply with these laws. 

 The laws require changes in many research opera- 

 tions — such as remodeling laboratories or modify- 

 ing practices affecting by-products or waste. 

 These remodeling and facility costs amount to 

 many millions of dollars and will adversely affect 

 research funding if budgets are not increased. On 

 the other hand, environmental legislation may 

 have positive effects on basic research. Creation 



AGENCY SUPPORT OF BASIC RESEARCH BY FIELD OF SCIENCE 279 



