Introduction

Science and technology policy issues tend to reach the presidential level if they involve multiple agencies; have substantial budgetary, economic, national security, or foreign policy dimensions; are highly controversial (especially when science and technology intersect with values, ethics, and morality); or are highly visible to the public. When these matters reach the Oval Office, Presidents generally seek information and advice from trusted sources as to the options available and their implications.

Throughout U.S. history, Presidents have used a variety of mechanisms, including informal contacts as well as advisory boards and committees, to obtain science and technology (S&T) advice within the Executive Office of the President (EOP), enhance interagency coordination, and receive counsel from outside advisors. Lacking a statutory foundation, however, these boards and committees tended to lack permanency, as subsequent Presidents often disbanded them. When again faced with the need for S&T advice, Presidents would form new advisory boards or committees, sometimes reconstituted from previously disbanded ones.

In 1976, after President Nixon abolished the existing White House science advisory structure, Congress moved to codify a formal mechanism for presidential science advice. The National Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282) established the Office of Science and Technology Policy (OSTP), including the position of its Director, within the EOP to provide scientific and technological analysis and advice to the President. This act codified and institutionalized a presidential science advice function that previously existed at each President's discretion.

Currently, the White House S&T advisory structure consists of OSTP and two advisory bodies: the National Science and Technology Council (NSTC) and the President's Council of Advisors on Science and Technology (PCAST).

This report provides an overview of OSTP, PCAST, and the NSTC; describes each entity's background, structure, and roles and responsibilities; and discusses selected issues for Congress.

Office of Science and Technology Policy

Situated within the EOP, OSTP provides advice to the President on S&T policies as well as the use of S&T in addressing national concerns or challenges. Within its statutory authorities, the composition and policy focus of OSTP has varied according to the priorities of different presidential administrations.

This section discusses OSTP's background, statutorily mandated responsibilities, and current organization and policy focus, as well as its past and present budget and staffing levels.

Overview and Background

With P.L. 94-282, Congress established the Office of Science and Technology Policy to, among other things, "serve as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans, and programs of the Federal Government."¹

Under President Biden, OSTP describes its mission as working to "maximize the benefits of science and technology to advance health, prosperity, security, environmental quality, and justice for all Americans." OSTP states that the specific duties it performs in service to this mission include

• providing advice to the President and the Executive Office of the President on all matters related to science and technology;
• stewarding the creation of bold visions, unified strategies, clear plans, wise policies, and effective, equitable programs for science and technology, working with departments and agencies across the federal government and with Congress;
• engaging with external partners, including industry, academia, philanthropic organizations, and civil society; state, local, tribal and territorial governments; and other nations; and
• working to ensure inclusion and integrity in all aspects of science and technology.²

OSTP also has several roles not articulated in these formal statements. These include serving as a sounding board and conduit of information for agency executives seeking to understand, clarify, and shape science and technology-related policy objectives and priorities; helping agencies coordinate and integrate their S&T strategies and activities; and helping resolve interagency conflicts over areas of S&T responsibility and leadership.

Organization

P.L. 94-282 (as amended and codified at 42 U.S.C. §6611) established the basic organizational structure for OSTP.³ Current statute allows for one office head—the OSTP Director—to be nominated by the President and confirmed by the Senate; not more than four Associate Directors, also to be nominated by the President and confirmed by the Senate; and a Chief Technology Officer (CTO), who also serves as an Associate Director and who is subject to confirmation by the Senate.

Beyond the positions authorized in statute, individual presidential administrations may choose to structure OSTP according to their preferences and policy priorities. As Figure 1 illustrates, the Biden Administration's OSTP is composed of the Director's Office and six policy teams: Climate and Environment; Energy; Health and Life Sciences; National Security; Science and Society; and the U.S. Chief Technology Officer (also referred to as the Tech Team). In contrast, under President Trump, OSTP had three divisions: Science, Technology, and National Security.

Leadership

The creation of OSTP provided a new structure for the provision of science and technology policy advice to the President, but did not end Presidents' authority to appoint advisors in parallel. The OSTP director is a statutory position; the authority to appoint others to assist the President exists solely with the President. Thus, a President may opt to appoint the OSTP director to also serve as an assistant to the President, may concurrently appoint another individual to serve as Assistant to the President for Science and Technology (APST), or may appoint no one to serve as APST. This variety of options also raised new and continuing questions with respect to coordination of advice.

For example, as of February 2023, Arati Prabhakar serves concurrently as OSTP Director and Assistant to the President for Science and Technology. Similarly, during the Obama, Clinton, and George H. W. Bush administrations, the OSTP Director also simultaneously held the title of APST. In contrast, during the Trump and George W. Bush administrations the OSTP Director did not serve as the APST.

The difference between an individual being the OSTP Director and the APST is more than semantic. This section discusses the two positions, including differences in their authority (both statutory and presidentially-vested), and roles and responsibilities, as well as associated policy implications.

Figure 1. OSTP Organization Under President Biden

Source: OSTP organization as of February 2023. White House, "OSTP's Teams," at https://www.whitehouse.gov/ostp/ostps-teams. CRS graphic.

OSTP Director

P.L. 94-282 established the position of OSTP Director, who is appointed by the President and sometimes referred to colloquially as the President's science advisor. The OSTP Director is subject to Senate confirmation and receives compensation at the rate provided for level II of the Executive Schedule.

OSTP Director's primary function is

to provide, within the Executive Office of the President, advice on the scientific, engineering, and technological aspects of issues that require attention at the highest level of Government.

In addition, the statute, as amended,⁴ directs the OSTP Director to

advise the President of scientific and technological considerations involved in areas of national concern including, but not limited to, the economy, national security, homeland security, health, foreign relations, the environment, and the technological recovery and use of resources;

evaluate the scale, quality, and effectiveness of the federal effort in science and technology and advise on appropriate actions;

advise the President on scientific and technological considerations with regard to federal budgets, assist the Office of Management and Budget (OMB) with an annual review and analysis of funding proposed for research and development in budgets of all federal agencies, and aid [OMB] and the agencies throughout the budget development process; and

assist the President in providing general leadership and coordination of the research and development programs of the Federal Government.

The OSTP Director advises the President on policy formulation; presidential appointments; S&T-related budget issues, including budgets for R&D; the policy significance of scientific and technical developments; and science, technology, engineering, and mathematics (STEM) education. OSTP Directors historically have also served as communication conduits between the EOP and the federal and nonfederal S&T community. Some OSTP Directors have emphasized communicating the views of the S&T community to the EOP, while others have focused on communicating the views of the EOP to the S&T community.

The OSTP Director performs special roles with respect to national security and emergency preparedness (NS/EP) communications policies, programs, and capabilities. Under Executive Order 13618,⁵ the OSTP Director advises the President on the prioritization of radio spectrum and wired communications that support NS/EP communications functions, and provides selected evaluation of appropriate information related to the test, exercise, evaluation, and readiness of the capabilities of existing and planned NS/EP communications.

Assistant to the President for Science and Technology (APST or "Science Advisor")

Unlike the OSTP Director's position, the role of APST does not require Senate confirmation and may confer additional status and access to the President.

As previously stated, some Presidents have chosen to appoint the person serving in the Senate-confirmed OSTP Director role to also serve as the APST. The statute does not require, nor may Congress compel, that the President appoint the OSTP Director to serve as an assistant to the President (or, more specifically, as APST).

The relationship between Congress and the individual tasked with leading the White House science advisory structure may depend, in part, on whether the individual serves as OSTP Director, APST, or both. The executive branch has previously asserted that close presidential advisors are immune from compelled congressional testimony. That position, however, has been rejected by various congressional committees and by the only court to directly address the question.⁶

The APST manages the National Science and Technology Council, established by Executive Order 12881, which is charged with coordinating S&T policy across the federal government, establishing national goals for federal S&T investments, and preparing coordinated R&D strategies. As NSTC manager, the APST can provide federal agency coordination, information, and guidance when special events occur, such as national emergencies, disasters, or S&T-related international negotiations.

In addition, the APST co-chairs the President's Council of Advisors on Science and Technology (PCAST), established in its current form under President Obama by Executive Order 13539. As co-chair of PCAST, the APST can seek to ascertain the consensus of the S&T community on issues of interest to the Administration.

Associate Directors

In addition to establishing the position of OSTP Director, P.L. 94-282 authorizes the President to appoint not more than four OSTP Associate Directors, subject to Senate confirmation, who are compensated at a rate not to exceed that provided for level III of the Executive Schedule.

The number of Senate-confirmed Associate Director positions has varied under different presidential administrations according to preference and control of the Senate. For example, President Trump filled one Associate Director during his term, President Obama filled four Associate Director positions, President George W. Bush filled two, and President Clinton filled four.⁷

As of February 2023, all OSTP Associate Director positions are vacant. Rather, each of the six core policy teams is headed by a Deputy Director, Principal Assistant Director, or Principal Deputy U.S. CTO—positions that do not require presidential nomination or Senate confirmation.⁸

Roles and Responsibilities

In addition to the roles and responsibilities executed by the Director, OSTP exercises its science advisory and policy coordination duties through the work of its six policy teams (described in Table 1), its role in the NSTC, and support of PCAST.

The policy teams help coordinate government-wide initiatives that fall within specific policy areas. For example, OSTP's Climate and Environment Team supports the participation of the Director, or the Director's designee, in federal coordinating bodies such as the Arctic Executive Steering Committee, which "meets regularly to shape priorities, establish strategic direction, oversee implementation, and ensure coordination of Federal activities in the Arctic."⁹

OSTP may issue general policy frameworks to facilitate the development and implementation of agency policies in alignment with the President's priorities. These may take the form of OSTP-published white papers and strategy documents. For example, in October 2022, OSTP released a "Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People," containing "a set of five principles and associated practices to help guide the design, use, and deployment of automated system to protect the rights of the American public in the age of artificial intelligence."¹⁰

Additionally, through its role in the NSTC, OSTP participates in issuing policy guidance for federal science research agencies—for example, on research security,¹¹ advanced manufacturing initiatives,¹² and orbital debris.¹³

S&T Priority-Setting and the Federal Budget Process

A primary means by which OSTP fulfills its statutory duties to establish, coordinate, and implement S&T priorities across the federal government is through its participation in the federal budget process. OSTP works with Office of Management and Budget (OMB) during each budget cycle during the development of the President's budget proposal to Congress. This generally involves four steps: (1) S&T priority setting, (2) agency preparation of budget proposals to OMB, (3) agency negotiations with OMB, and (4) final budget decisions by the President and the OMB Director.

• 1. Priority setting. A key activity in the first step is OSTP's request to federal agencies for their recommendations on R&D priorities. In addition, interagency working groups meet to determine individual agency responsibilities for specific activities when multiple agencies share responsibility for broad issue areas. OSTP and OMB use this information in their development of a joint memorandum that articulates the Administration's R&D priorities and R&D investment criteria.¹⁴ Agencies are encouraged to use this memorandum as an aid in the second step, preparation of their budgets.
• 2. Agency budget preparation. In the second step, OSTP continually interacts with agencies as they develop their budgets, providing advice and working with them on their priorities. In general, OSTP provides more guidance to agencies with large R&D budgets and to programs that cross agency boundaries. Federal agencies submit their completed budget proposals to OMB. OSTP does not review proposed agency budgets before they are sent to OMB.
• 3. Agency negotiations with OMB. In the third step, OSTP works with OMB to review proposed agency budgets to ensure they reflect Administration plans and priorities. The OSTP also participates in OMB budget examiner presentations to the OMB Director and provides advice on priorities at that time. In addition, OSTP provides direct feedback to agencies as they negotiate with OMB over funding levels and the programs on which that funding is to be spent.
• 4. Final budget decisions. OSTP's primary role in the fourth step of the budget process is to advise on the quality of the agency budget proposals and their alignment with the President's established priorities. The President, the OMB Director, and the Cabinet, however, make the ultimate choices.

Budget and Staffing

OSTP's budget and staffing levels have varied considerably over time. Budget levels affect how many staff salaries OSTP can support, as well as other aspects of its operations. OSTP has traditionally been staffed by a combination of permanent staff, political appointees, individuals on assignment from federal agencies, individuals on temporary assignment from outside the federal government, and fellows.

Congress appropriated $7.96 million for OSTP in FY2023, an increase of 19.7% above the FY2022 enacted level (see Table 2).¹⁵ Though the enacted appropriations legislation does not specify staffing levels, the President's FY2023 budget requested support for 46 full-time equivalent personnel (FTE), an increase of 13 FTE from the estimated FY2022 level.¹⁶

Figure 2 shows OSTP funding levels in current dollars and FY2021 constant dollars from FY1992 to FY2023. During the selected period, OSTP funding levels in FY2021 constant dollars reached a high point in FY1993 ($10.6 million) and low in FY2021 ($5.0 million).

In FY2012, Congress reduced funding for OSTP by $2.1 million (32.3%) (in FY2012 current dollars); contemporaneously, the Administration transferred responsibility for funding PCAST to the Department of Energy (DOE) (DOE funding for PCAST is not reflected in Figure 2).

Figure 2. OSTP Funding, FY1993-FY2023

Sources: CRS analysis of data from OMB Public Budget Database, budget requests, and congressional appropriations acts and committee reports from FY1993-FY2023; converted to constant FY2021 dollars using the GDP (Chained) Price Index listed in OMB Table 10.1 "Gross Domestic Product and Deflators Used in the Historical Tables: 1940-2027," available at https://www.whitehouse.gov/omb/budget/historical-tables. Note: The above chart reflects appropriated funding levels and does not include potential transfers of funds.

OSTP staffing levels peaked during the mid-1990s with 36 FTEs, dipping to a low of 19 FTEs in 2018 (see Figure 3). The number of FTEs requested in the President's budget and enacted by Congress for each fiscal year reflects only the number of authorized staff which may receive direct support from OSTP. OSTP FTEs represent a fraction of those working at OSTP as it also relies heavily on additional staffing provided through a variety of mechanisms:

• Detailees. A detail is an officially approved temporary assignment of a civil service employee (informally called a "detailee") to a different position in another federal agency; the employee's official title, series, grade, rate of compensation, and permanent employer do not change.
• IPAs. The Office of Personnel Management's Intergovernmental Personnel Act Mobility Program provides for the temporary assignment of personnel (IPAs) between the federal government and state and local governments, colleges and universities, Indian tribal governments, federally funded research and development centers, and other eligible organizations.
• Fellows. In the OSTP context, fellows are scientists and engineers who come to Washington, DC, to gain experience in public policy and provide science and technical advice to policymakers. Their salaries are often funded by external organizations, such as academic societies and foundations. Most are recent graduates of doctoral programs, but some are more experienced staff from industry or universities. Fellows generally come for one year, but that time can be extended.

These types of positons may provide a mechanism for OSTP to fill staffing needs without additional appropriations designated for such purposes as detailees are funded by their home agencies; fellows are funded by a variety of organizations; and IPAs may be funded by OSTP, their home agencies or organizations, or a combination of the two.¹⁷

As of February 6, 2023, OSTP has not publicly disclosed the total number of political staff, career staff, consultants, detailees, IPAs, and fellows employed by the office. CRS analysis of available staffing information may suggest that OSTP employs a high ratio of such staffing categories when compared to reported FTE levels. As previously noted, OSTP annually reports FTE staffing levels and reported an estimated 33 FTEs in FY 2022 and 46 FTEs in FY 2023 (as shown by Figure 3). In addition to these estimates, OSTP published a staff list on October 20, 2022, which lists a total of 136 staff.¹⁸

According to OSTP, as of February 14, 2020, OSTP's workforce under the Trump Administration consisted of 4 political staff, 21 career staff, 2 unpaid consultants, 1 paid consultant, 34 detailees, 4 IPAs, and 5 fellows.¹⁹ During the Obama Administration, OSTP began with approximately 30 and ended with approximately 70 detailees, IPAs, and fellows. During the G.W. Bush Administration, OSTP had approximately 30-40 detailees per year. Toward the end of the Clinton Administration, OSTP had approximately 60 detailees and fellows.²⁰

Figure 3. OSTP Full-Time Equivalent (FTE) Levels FY1993-FY2023

Source: CRS analysis of data from OMB, Budget of the United States Government, FY1993-FY2023. (Note that actual staffing numbers are provided two years later. For example, actual staffing for FY2018, comes from the FY2020 budget request.) OMB did not provide this data for FY2001. CRS has estimated the number of FTEs for FY2001 based on information provided by OSTP. FY2022 and FY2023 FTE levels are listed as "estimates" in the FY2023 budget request. Notes: Data reported are in full-time equivalents (FTE, the number of regular hours worked by a full-time employee over one year) and may not equal number of staff. Data do not include staff or FTEs funded by agencies other than OSTP, such as detailees, IPAs, and fellows. Historical data includes full-time equivalent of holiday and overtime hours.

OSTP is also supported by a federally funded research and development center (FFRDC), the Science and Technology Policy Institute (STPI; see box below), which is staffed and funded through the National Science Foundation appropriation. STPI funding for FY2022 was $4.74 million.²¹ The President requested $5.68 million for STPI for FY2023.²²

National Science and Technology Council

The National Science and Technology Council (NSTC) is a cabinet-level body created by executive order to advise the President and coordinate science and technology policy. Composed of agency and department heads as well as other advisors to the President, the main functions of the NSTC are to:

Coordinate the S&T policy-making process; ensure that S&T policy decisions and programs are consistent with the President's policy priorities; integrate the President's S&T policy agenda across the Federal Government; ensure that S&T are considered in developing and implementing Federal policies and programs; and to further international S&T cooperation.²³

This section discusses the background and context for the NSTC's creation and federal S&T coordination duties, its organization, and responsibilities.

Overview and Background

President Clinton established the NSTC by Executive Order 12881 on November 23, 1993.²⁴ The council was preceded by a number of interdepartmental bodies charged with coordinating S&T policy and research across the federal government, highlighting the long-standing importance of S&T policy coordination.

Federal support for scientific research had grown during the 1930s and early 1940s. Motivated by a desire to harness S&T developments to address the great economic depression of the 1930s and to support the nation's increasing involvement in World War II during the early 1940s, the U.S. federal government channeled increased funds into existing and newly created federal science agencies.²⁵ As S&T funding and programs proliferated, the need to coordinate disparate R&D activities and initiatives across the federal government became apparent. Preceding organizations focused on interagency coordination included the President's Scientific Research Board (Truman), the Interdepartmental Committee on Scientific Research and Development (ICSRD; Truman, Eisenhower), the Federal Council for Science and Technology (FCST; Eisenhower, Kennedy, Johnson, Nixon), and the Federal Coordinating Council for Science, Engineering, and Technology (FCCSET; Ford, Carter, Reagan, George H. W. Bush).

Organization

Executive Order 12881 specifies that the President shall preside over NSTC meetings. It also states that, when directed by the President, the Vice President or the Assistant to the President for Science and Technology (APST) may convene council meetings. In practice, though, the NSTC is more commonly chaired by the APST or OSTP Director. For example, both the Biden and Trump Administrations have identified the OSTP Director as the NSTC chair. Under President Biden, Arati Prabhakar serves as NSTC chair. Though Prabhakar concurrently serves as OSTP Director and APST, the NSTC website and NSTC-published reports cite her title as OSTP Director.²⁶ Likewise, under the Trump Administration, OSTP Director Kelvin Droegemeier exercised NSTC management authority.

In addition to the APST or OSTP Director, NSTC membership is composed of the Vice President, Cabinet Secretaries and agency heads with significant S&T responsibilities, and other White House office heads as designated by the President.²⁷ In practice, the NSTC rarely meets with the President or Cabinet-level officials present. Rather, OSTP staff and detailees conduct NSTC activities in conjunction with federal agency staff.

Figure 4. National Science and Technology Council Overview

Source: CRS visualization of NSTC organization chart provided by OSTP via email communication on October 28, 2022.

Under President Biden, the work of the NSTC is organized under six committees (see Figure 4), which are co-chaired by an OSTP representative and an agency or department representative: the Committee on Science (COS), the Committee on STEM Education (Co-STEM), the Committee on Environment (CoE), the Committee on Technology (CoT), the Committee on Homeland and National Security (CHNS), and the Committee on Science and Technology Enterprise (CSTE).

Each NSTC committee has subcommittees, interagency working groups, and taskforces or other bodies focused on specialized topics (see Appendix A). The members of these committees and subcommittees are generally sub-Cabinet officials and lower-ranking staff.

Roles and Responsibilities

NSTC responsibilities are primarily derived by Executive Order (as previously discussed) and congressional mandates in statute. For example, Congress has charged the NSTC with specific statutory responsibilities, including the coordination of a number of federal initiatives and programs, including ocean acidification research and mitigation efforts,²⁸ STEM education support,²⁹ advanced manufacturing research and development activities,³⁰ the dissemination and long-term stewardship of the results of unclassified research,³¹ and research facilities and major instrumentation planning and evaluation.³²

Congress has also directed the NSTC to fulfill comparatively broad congressional mandates. For example, the America COMPETES Act (P.L. 110-69) directs the establishment of a President's Council on Innovation and Competitiveness (codified at 15 U.S.C. 3718). The act states that the council is to include the Secretary or head of a number of federal agencies, OSTP, and OMB. Congress provided the President with the option of establishing a new organization to serve as the Council on Innovation and Competitiveness or to designate an existing council to carry out the requirement. Rather than establish a new, independent council, President George W. Bush assigned the role of the President's Council on Innovation and Competitiveness to the NSTC Committee on Technology (CoT).³³

The NSTC largely executes its coordination responsibilities through the work of its subcommittees and interagency working groups (see Figure 4). In some cases, the coordination of a multi-agency R&D initiative is also supported by a national coordination office (NCO).

Budget and Staffing

The NSTC receives no direct appropriations; rather, it uses funds provided by participating agencies to cover the operating costs of coordinating multi-agency R&D programs (such as those discussed in Table 3). In contrast, the R&D activities that are carried out by individual federal agencies and departments under the auspices of NSTC-coordinated initiatives are funded separately, through agency R&D budgets. This section covers NSTC's operational funding. It does not cover funding levels for multi-agency R&D programs (for a more detailed look at the organization and budget of a multi-agency R&D initiative, see CRS Report RL34401, The National Nanotechnology Initiative: Overview, Reauthorization, and Appropriations Issues, by John F. Sargent Jr.; for information on general federal R&D funding levels, see CRS Report R47161, Federal Research and Development (R&D) Funding: FY2023, coordinated by Laurie A. Harris).

Funds provided by participating agencies to cover operating costs are used to support NSTC activities that benefit multiple federal entities, such as coordination offices, studies, advisory committees, and administrative costs. The amount provided by participating agencies varies and has ranged from approximately $12 million in FY2010 to $18 million in FY2018 (the most recent year for which CRS was able to obtain total agency contributions to NSTC operations).³⁷

Congress requires a number of multi-agency R&D initiatives coordinated by the NSTC to submit supplemental budgetary and program reports along with the President's annual budget request to Congress. In a 2022 report on federal R&D, GAO examined such submissions to determine NSTC operational funding levels for selected multi-agency initiatives, including NITRD, the National Nanotechnology Initiative (NNI), and U.S. Global Change Research Program (USGCRP).³⁸

In FY2020, NITRD, NNI, and USGCRP each received funds from participating agencies through a "distributed cost budget" to support a National Coordination Office, or NCO, whereby agency contributions to operational funds were determined by the relative R&D spending levels of each agency participating in the multi-agency initiative (see Table 3).³⁹ NCO staff may include contract employees in addition to agency detailees.

President's Council of Advisors on Science and Technology

PCAST, an independent federal advisory committee established by Executive Order, serves as the President and White House's main source of advice from outside the government on science, technology, and innovation policy. PCAST's members, with expertise in science, technology, and innovation, are appointed by the President from sectors outside the federal government and charged with a two-fold mission: to advise the President on

• "matters involving science, technology, and innovation policy"; and
• "matters involving scientific and technological information that is needed to inform policy" relating to various topics (e.g., the economy, national security).⁴⁰

Overview and Background

On January 23, 1990, President George H. W. Bush issued Executive Order 12700, which established the founding charter for PCAST and outlined the basic structure and goals of the advisory group that largely continue today.⁴¹ Various science advisory bodies tasked with serving the President existed prior to 1990, though they differed substantially in scope and composition, and were not consistently reconstituted or used by subsequent presidential administrations.⁴² By contrast, every President since PCAST's creation has reestablished PCAST, with slight differences. Some of these changes are addressed in the following section.⁴³

Most recently, President Biden reestablished PCAST with Executive Order 14007 on January 27, 2021, for a period of two years.⁴⁴ On September 30, 2021, President Biden issued Executive Order 14048, which extends PCAST until September 30, 2023.⁴⁵

Organization

President Biden's PCAST, composed of 27 members, is led by three co-chairs: Arati Prabhakar (as Assistant to the President for Science and Technology) and two nonfederal representatives, Frances Arnold and Maria T. Zuber.⁴⁶ PCAST members serve without compensation but may receive travel expenses, including a per diem, as authorized by law.⁴⁷

PCAST membership has expanded during President Biden's Administration. Per Executive Order 14044, issued on September 13, 2021, PCAST membership expanded to include "not more than 32 members" (up from "not more than 26 members" when it was originally reestablished on January 27, 2021). Under President Trump, PCAST membership included a chair and not more than 16 additional members. In keeping with the intent of its founding charter, both administrations stipulated that PCAST members should be appointed by the President and represent sectors outside the federal government.

President Biden has altered aspects of PCAST's leadership structure and composition. Executive Order 14007 stipulates that the Assistant to the President for Science and Technology (who it refers to as the "science advisor") shall be a member of PCAST and serve as a co-chair. It also allows for the Science Advisor, if also serving simultaneously as the Director of OSTP, to designate the U.S. Chief Technology Officer as a member of PCAST.⁴⁸ The executive order issued by President Trump establishing PCAST designated the OSTP Director as PCAST chair and did not reference the APST or designate co-chair positions.⁴⁹

Under the provisions of Executive Order 14007, PCAST also serves as two statutorily created advisory committees: the President's Innovation and Technology Advisory Committee (PITAC) created by the High Performance Computing Act of 1991 (P.L. 102-194 as amended)⁵⁰ and the National Nanotechnology Advisory Panel (NNAP) created by the 21^st Century Nanotechnology Research and Development Act (P.L. 108-153 as amended).⁵¹

Roles and Responsibilities

PCAST's primary function is to advise the President on policies affecting science, technology, and innovation policy as well as on matters where science and technology expertise or information is needed to inform policies. The extent to which S&T expertise and information is recognized as having an important role to play in formulating public policy, the second element of PCAST's two-fold function, has varied by presidential administration.

For example, President Biden directed PCAST members to advise on "matters involving scientific and technological information that is needed to inform public policy relating to the economy, worker empowerment, education, energy, the environment, public health, national and homeland security, racial equity, and other topics."⁵² President Trump directed PCAST members to provide "scientific and technical information that is needed to inform public policy relating to the American economy, the American worker, national and homeland security, and other topics."⁵³

In addition to meeting regularly to respond to requests from the President or APST, PCAST is also charged with soliciting information and ideas from stakeholders "including the research community; the private sector; universities; national laboratories; State, local and Tribal governments; foundations; and nonprofit organizations." PCAST is also charged with providing nonfederal sector advice to the NSTC, as requested.⁵⁴

Budget and Staffing

PCAST receives no direct appropriations. Rather, the Department of Energy provides funding as well as administrative and technical support for PCAST from existing appropriations through the DOE Science account.⁵⁵ DOE support for PCAST has generally included one to two FTEs per year with funding ranging from $654,000 in FY2014 to $366,000 in FY2022 for salaries and benefits, committee member travel, meeting planning support, and related expenses. The President requested $750,000 and two FTEs for FY2023.⁵⁶

Issues for Congress

In exercising OSTP oversight, Congress may wish to consider a number of issues, including staffing practices and potential conflict of interest concerns; workplace culture and past congressional oversight activity; the efficacy of federal S&T coordination; and persistent vacancies of Senate-confirmed leadership positions.

IPAs, Fellows, and Potential Conflicts of Interest at OSTP

The ability of OSTP to perform its statutory duties depends, in part, on the size of its budget and staff. To increase staff levels beyond what is funded through congressional appropriations, OSTP has long relied on detailees, IPAs, and fellows. Though OSTP has not released the exact number of detailees, IPAs, and fellows currently employed during the Biden Administration, CRS analysis of available staffing information suggests that OSTP's reliance on such positions is comparable to previous administrations. For example, during the Trump and G.W. Bush Administrations, detailees, IPAs, and fellows comprised more than half of OSTP's total staff, and during the Clinton and Obama Administrations, they accounted for approximately two-thirds of total staff.⁵⁷

Some in the S&T community have expressed concerns that OSTP needs to have more career civil service professional staff and a larger budget.⁵⁸ In their view, additional career staff, who would continue to serve from one presidential Administration to the next, would help maintain institutional knowledge and provide a solid understanding of government operations. More career staff might also enable a new Administration to move more quickly on S&T policy issues and provide enhanced support to political appointees during presidential transitions. Reports expressing these views assert that this change would make OSTP staff similar to other EOP expert staff, such as those employed at OMB.⁵⁹

In the absence of a larger civil service staff, OSTP relies heavily on detailees, IPAs, and fellows. The Tech Transparency Project, a nonprofit watchdog organization, has raised concerns over the influence that fellows and IPAs working at OSTP may have on the direction of national S&T policy priorities.⁶⁰ They assert that the nongovernmental sources of funding that support the salaries of fellows and IPAs may pose conflict of interest concerns. For example, former Google CEO Eric Schmidt has reportedly contributed money through the Federation of American Scientists (FAS) to support the salaries of "more than two dozen officials in the Biden administration."⁶¹ Politico reported that two individuals' salaries were "indirectly paid" with Schmidt funds while at OSTP, including the chief of staff for a six week period.⁶² The Technology Transparency project has argued that Schmidt's alleged financial contributions to their salaries may pose a significant conflict of interest given that, while employed at OSTP, they may be in positions to shape policy priorities in areas where Schmidt holds a financial interest.⁶³

On January 10, 2023, Senator Grassley sent a letter to OSTP Director Arati Prabhakar citing concerns over potential conflicts of interest stemming from IPA appointments at OSTP.⁶⁴ The letter was one of 10 sent to agencies across the federal government requesting information about their use of the IPA Mobility Program.⁶⁵ "Full public transparency is critical to ensuring that the roles, responsibilities, and funding arrangements for IPA assignees at OSTP whose salaries are funded by the FAS do not present potential or actual conflicts of interest," the letter stated. Pointing to guidance from the Office of Personnel Management (OPM) requiring federal agencies to document the terms and justify the value of IPA appointments, Senator Grassley requested such records and a list of additional details pertaining to OSTP's use of IPA appointments by January 24, 2023. As of February 6, 2023, Senator Grassley's office has not received the requested information from OSTP.⁶⁶

Though some have raised ethical questions regarding the ability for outside groups to use IPA appointments to influence federal policymaking, some contend that IPA positions serve a vital function. In a January 2022 report evaluating federal agency use of the Personnel Mobility Program (which implements IPA appointments), GAO found that the program functioned as an important mechanism by which to address agency "skills gaps in highly technical or complex mission areas."⁶⁷ Despite affirming that the program "holds promise as a tool" for agencies to address skills gaps, GAO concluded that additional data on program use as well as increased program oversight may be warranted.⁶⁸

OSTP Workplace Culture and Congressional Oversight

In early 2022, allegations surfaced that Eric Lander, then OSTP Director and President Biden's APST, had bullied and verbally abused members of his staff. On February 7, 2022, Politico reported that a White House internal investigation had found "credible evidence" that the allegations were true.⁶⁹ The same day, the Chairwoman and Ranking Member of the House Committee on Science, Space, and Technology sent a joint letter to President Biden requesting a copy of the internal White House report and OSTP's intended next steps to "improve the workplace environment."⁷⁰ On February 8, 2022, the White House announced Lander's resignation.⁷¹ Subsequently, President Biden tasked Alondra Nelson (then Deputy Director for Science and Society) with serving as Acting OSTP Director and Francis Collins (a former Director of the National Institutes of Health) with the temporary duties of APST and PCAST co-chair.⁷²

In March 2022, some Members of the U.S. House of Representatives sent subsequent oversight letters to Nelson and President Biden's Counsel questioning why Lander was not asked to resign more promptly after allegations about his behavior were received.⁷³ The letters charged OSTP with attempting to subvert congressional oversight by refusing to disclose certain records and by reportedly using and encouraging other OSTP staff to use the Signal Private Messenger application, a communication technology "that is often intended to skirt federal records laws and prevent oversight by Congress."⁷⁴ Congress may wish to conduct further oversight over OSTP's use of such communication methods as well as oversight pertaining to the effectiveness of OSTP's efforts to prevent workplace harassment.

Interagency S&T Coordination

OSTP, through the work of its six policy teams as well as the NSTC, plays a key role in coordinating federal R&D activities as well as establishing and ensuring the implementation of national S&T priorities across federal agencies. In addition to the priority-setting that takes place in partnership with OMB throughout the annual budget process, OSTP may also exercise its coordination duties through oversight of the development and implementation of interagency S&T policies and strategic initiatives.

From 2013 to 2021, the Government Accountability Office (GAO) issued a series of reports that evaluated various aspects of OSTP's S&T coordination duties and issued a number of recommendations designed to improve such efforts, as well as OSTP's ability to track and monitor agency progress toward national goals.⁷⁵

In a July 2022 letter to then-Acting OSTP Director Alondra Nelson, GAO highlighted three open priority recommendations which it had made to OSTP in July 2021 related to strengthening interagency coordination. GAO urged OSTP to more effectively use the committees and subcommittees of the NSTC to sustain coordination of national research and development priorities and develop mechanisms to track and evaluate interagency progress toward addressing cross-cutting S&T issues.

At the same time, OSTP's coordination and assessment duties have continued to expand. Enacted in August 2022, the CHIPS and Science Act (P.L. 117-167) includes provisions directing OSTP to develop, issue, and oversee implementation of uniform S&T policies across federal research agencies in a number of areas, such as research security and broadening participation in science. The act also requires the Director of OSTP to develop and submit to Congress (no later than December 31 of the calendar year after a review of the most recent national security strategy report has been completed) a four-year comprehensive national S&T strategy, primarily focused on economic security. The report is to be coordinated with other federal strategies (e.g., the national defense strategy).⁷⁶

OSTP's Senate-Confirmed Leadership Positions

The degree to which Congress may exercise oversight and policy direction at OSTP may be affected by whether a presidential administration chooses to nominate OSTP leadership positions that require Senate confirmation.

Current statutory authority provides flexibility to the President with respect to the number of OSTP Associate Directors (up to four, each subject to Senate confirmation) and the scope of their areas of responsibility (entirely at the discretion of the President).⁷⁷ President Biden currently has no confirmed OSTP Associate Directors, but has established Deputy Director positions (which do not require Senate confirmation) to lead OSTP's six policy teams. President Trump had one Senate-confirmed Associate Director, and three unconfirmed Principal Assistant Director positions. President Obama established four Senate-confirmed Associate Directors and President George W. Bush established two. Congress may wish to consider whether amending current statute to specify certain areas of responsibility for Associate Directors or those acting in their place might provide additional oversight opportunities.

Appendix A. National Science and Technology Council Organization

Committees, Subcommittees, Working Groups, Task Forces

Source: As of December 2022. Information from NSTC organization chart provided to CRS by OSTP via email communication on October 28, 2022. CRS graphic.

Appendix B. NSTC Special Committees

Source: Information from NSTC organization chart provided to CRS by OSTP via email communication on November 28, 2022. CRS graphic. Note: Industries of the Future Coordination Council was created by P.L. 116-283, Division H, Title XCIV, §9412; the sunset clause mandates its termination on January 1, 2027.