CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND PRIORITIES

Title 42 > CHAPTER 79

Sections (33)

§ 6601 Congressional findings; priority goals

(a) The Congress, recognizing the profound impact of science and technology on society, and the interrelations of scientific, technological, economic, social, political, and institutional factors, hereby finds and declares that— the general welfare, the security, the economic health and stability of the Nation, the conservation and efficient utilization of its natural and human resources, and the effective functioning of government and society require vigorous, perceptive support and employment of science and technology in achieving national objectives; the many large and complex scientific and technological factors which increasingly influence the course of national and international events require appropriate provision, involving long-range, inclusive planning as well as more immediate program development, to incorporate scientific and technological knowledge in the national decisionmaking process; the scientific and technological capabilities of the United States, when properly fostered, applied, and directed, can effectively assist in improving the quality of life, in anticipating and resolving critical and emerging international, national, and local problems, in strengthening the Nation’s international economic position, and in furthering its foreign policy objectives; Federal funding for science and technology represents an investment in the future which is indispensable to sustained national progress and human betterment, and there should be a continuing national investment in science, engineering, and technology which is commensurate with national needs and opportunities and the prevalent economic situation; the manpower pool of scientists, engineers, and technicians, constitutes an invaluable national resource which should be utilized to the fullest extent possible; and the Nation’s capabilities for technology assessment and for technological planning and policy formulation must be strengthened at both Federal and State levels.

(b) As a consequence, the Congress finds and declares that science and technology should contribute to the following priority goals without being limited thereto: fostering leadership in the quest for international peace and progress toward human freedom, dignity, and well-being by enlarging the contributions of American scientists and engineers to the knowledge of man and his universe, by making discoveries of basic science widely available at home and abroad, and by utilizing technology in support of United States national and foreign policy goals; increasing the efficient use of essential materials and products, and generally contributing to economic opportunity, stability, and appropriate growth; assuring an adequate supply of food, materials, and energy for the Nation’s needs; contributing to the national security; improving the quality of health care available to all residents of the United States; preserving, fostering, and restoring a healthful and esthetic natural environment; providing for the protection of the oceans and coastal zones, and the polar regions, and the efficient utilization of their resources; strengthening the economy and promoting full employment through useful scientific and technological innovations; increasing the quality of educational opportunities available to all residents of the United States; promoting the conservation and efficient utilization of the Nation’s natural and human resources; improving the Nation’s housing, transportation, and communication systems, and assuring the provision of effective public services throughout urban, suburban, and rural areas; eliminating air and water pollution, and unnecessary, unhealthful, or ineffective drugs and food additives; and advancing the exploration and peaceful uses of outer space.

§ 6602 Congressional declaration of policy

(a) Principles In view of the foregoing, the Congress declares that the United States shall adhere to a national policy for science and technology which includes the following principles: The continuing development and implementation of strategies for determining and achieving the appropriate scope, level, direction, and extent of scientific and technological efforts based upon a continuous appraisal of the role of science and technology in achieving goals and formulating policies of the United States, and reflecting the views of State and local governments and representative public groups. The enlistment of science and technology to foster a healthy economy in which the directions of growth and innovation are compatible with the prudent and frugal use of resources and with the preservation of a benign environment. The conduct of science and technology operations so as to serve domestic needs while promoting foreign policy objectives. The recruitment, education, training, retraining, and beneficial use of adequate numbers of scientists, engineers, and technologists, and the promotion by the Federal Government of the effective and efficient utilization in the national interest of the Nation’s human resources in science, engineering, and technology. The development and maintenance of a solid base for science and technology in the United States, including: (A) strong participation of and cooperative relationships with State and local governments and the private sector; (B) the maintenance and strengthening of diversified scientific and technological capabilities in government, industry, and the universities, and the encouragement of independent initiatives based on such capabilities, together with elimination of needless barriers to scientific and technological innovation; (C) effective management and dissemination of scientific and technological information; (D) establishment of essential scientific, technical and industrial standards and measurement and test methods; and (E) promotion of increased public understanding of science and technology. The recognition that, as changing circumstances require periodic revision and adaptation of this subchapter, the Federal Government is responsible for identifying and interpreting the changes in those circumstances as they occur, and for effecting subsequent changes in this subchapter as appropriate.

(b) Implementation To implement the policy enunciated in subsection (a) of this section, the Congress declares that: The Federal Government should maintain central policy planning elements in the executive branch which assist Federal agencies in (A) identifying public problems and objectives, (B) mobilizing scientific and technological resources for essential national programs, (C) securing appropriate funding for programs so identified, (D) anticipating future concerns to which science and technology can contribute and devising strategies for the conduct of science and technology for such purposes, (E) reviewing systematically Federal science policy and programs and recommending legislative amendment thereof when needed. Such elements should include an advisory mechanism within the Executive Office of the President so that the Chief Executive may have available independent, expert judgment and assistance on policy matters which require accurate assessments of the complex scientific and technological features involved. It is a responsibility of the Federal Government to promote prompt, effective, reliable, and systematic transfer of scientific and technological information by such appropriate methods as programs conducted by nongovernmental organizations, including industrial groups and technical societies. In particular, it is recognized as a responsibility of the Federal Government not only to coordinate and unify its own science and technology information systems, but to facilitate the close coupling of institutional scientific research with commercial application of the useful findings of science. It is further an appropriate Federal function to support scientific and technological efforts which are expected to provide results beneficial to the public but which the private sector may be unwilling or unable to support. Scientific and technological activities which may be properly supported exclusively by the Federal Government should be distinguished from those in which interests are shared with State and local governments and the private sector. Among these entities, cooperative relationships should be established which encourage the appropriate sharing of science and technology decisionmaking, funding support, and program planning and execution. The Federal Government should support and utilize engineering and its various disciplines and make maximum use of the engineering community, whenever appropriate, as an essential element in the Federal policymaking process. Comprehensive legislative support for the national science and technology effort requires that the Congress be regularly informed of the condition, health and vitality, and funding requirements of science and technology, the relation of science and technology to changing national goals, and the need for legislative modification of the Federal endeavor and structure at all levels as it relates to science and technology.

(c) Procedures The Congress declares that, in order to expedite and facilitate the implementation of the policy enunciated in subsection (a) of this section, the following coordinate procedures are of paramount importance: Federal procurement policy should encourage the use of science and technology to foster frugal use of materials, energy, and appropriated funds; to assure quality environment; and to enhance product performance. Explicit criteria, including cost-benefit principles where practicable, should be developed to identify the kinds of applied research and technology programs that are appropriate for Federal funding support and to determine the extent of such support. Particular attention should be given to scientific and technological problems and opportunities offering promise of social advantage that are so long range, geographically widespread, or economically diffused that the Federal Government constitutes the appropriate source for undertaking their support. Federal promotion of science and technology should emphasize quality of research, recognize the singular importance of stability in scientific and technological institutions, and for urgent tasks, seek to assure timeliness of results. With particular reference to Federal support for basic research, funds should be allocated to encourage education in needed disciplines, to provide a base of scientific knowledge from which future essential technological development can be launched, and to add to the cultural heritage of the Nation. Federal patent policies should be developed, based on uniform principles, which have as their objective the preservation of incentives for technological innovation and the application of procedures which will continue to assure the full use of beneficial technology to serve the public. Closer relationships should be encouraged among practitioners of different scientific and technological disciplines, including the physical, social, and biomedical fields. Federal departments, agencies, and instrumentalities should assure efficient management of laboratory facilities and equipment in their custody, including acquisition of effective equipment, disposal of inferior and obsolete properties, and cross-servicing to maximize the productivity of costly property of all kinds. Disposal policies should include attention to possibilities for further productive use. The full use of the contributions of science and technology to support State and local government goals should be encouraged. Formal recognition should be accorded those persons whose scientific and technological achievements have contributed significantly to the national welfare. The Federal Government should support applied scientific research, when appropriate, in proportion to the probability of its usefulness, insofar as this probability can be determined; but while maximizing the beneficial consequences of technology, the Government should act to minimize foreseeable injurious consequences. Federal departments, agencies, and instrumentalities should establish procedures to insure among them the systematic interchange of scientific data and technological findings developed under their programs.

§ 6603 Sense of Congress on innovation acceleration research

(a) Sense of Congress on support and promotion of innovation in the United States It is the sense of Congress that each Federal research agency should strive to support and promote innovation in the United States through high-risk, high-reward basic research projects that— meet fundamental technological or scientific challenges; involve multidisciplinary work; and involve a high degree of novelty.

(b) Sense of Congress on setting annual funding goals for basic research It is the sense of Congress that each Executive agency that funds research in science, technology, engineering, or mathematics should set a goal of allocating an appropriate percentage of the annual basic research budget of such agency to funding high-risk, high-reward basic research projects described in subsection (a).

(c) Definitions In this section: The term “basic research” has the meaning given such term in the Office of Management and Budget Circular No. A–11. The term “Executive agency” has the meaning given such term in section 105 of title 5 .

§ 6604 Interagency working group on research regulation

(a) Short title This section may be cited as the “Research and Development Efficiency Act”.

(b) Findings Congress makes the following findings: Scientific and technological advancement have been the largest drivers of economic growth in the last 50 years, with the Federal Government being the largest investor in basic research. Substantial and increasing administrative burdens and costs in Federal research administration, particularly in the higher education sector where most federally funded research is performed, are eroding funds available to carry out basic scientific research. Federally funded grants are increasingly competitive, with the Foundation funding only approximately 1 in every 5 grant proposals. Progress has been made over the last decade in streamlining the pre-award grant application process through the Federal Government’s Grants.gov website. Post-award administrative costs have increased as Federal research agencies have continued to impose agency-unique compliance and reporting requirements on researchers and research institutions. Researchers spend as much as 42 percent of their time complying with Federal regulations, including administrative tasks such as applying for grants or meeting reporting requirements.

(c) Sense of Congress It is the sense of Congress that— administrative burdens faced by researchers may be reducing the return on investment of federally funded research and development; and it is a matter of critical importance to United States competitiveness that administrative costs of federally funded research be streamlined so that a higher proportion of federal funding is applied to direct research activities.

(d) Establishment The Director of the Office of Management and Budget, in coordination with the Office of Science and Technology Policy, shall establish an interagency working group (referred to in this section as the “Working Group”) for the purpose of reducing administrative burdens on federally funded researchers while protecting the public interest through the transparency of and accountability for federally funded activities.

(e) Responsibilities The Working Group shall— regularly review relevant, administration-related regulations imposed on federally funded researchers; recommend those regulations or processes that may be eliminated, streamlined, or otherwise improved for the purpose described in subsection (d); recommend ways to minimize the regulatory burden on United States institutions of higher education performing federally funded research while maintaining accountability for federal funding; and recommend ways to identify and update specific regulations to refocus on performance-based goals rather than on process while achieving the outcome described in subparagraph (C). The Working Group shall— conduct a comprehensive review of Federal science agency grant proposal documents; and develop, to the extent practicable, a simplified, uniform grant format to be used by all Federal science agencies. In developing the uniform grant format, the Working Group shall consider whether to implement— procedures for preliminary project proposals in advance of peer-review selection; increased use of “Just-In-Time” procedures for documentation that does not bear directly on the scientific merit of a proposal; simplified initial budget proposals in advance of peer review selection; and detailed budget proposals for applicants that peer review selection identifies as likely to be funded. The Working Group shall establish, to the extent practicable, a secure, centralized database for investigator biosketches, curriculum vitae, licenses, lists of publications, and other documents considered relevant by the Working Group. In establishing the centralized profile database under subparagraph (A), the Working Group shall consider incorporating existing investigator databases. To the extent practicable, all grant proposals shall utilize the centralized investigator profile database established under subparagraph (A). Each investigator shall— be responsible for ensuring the investigator’s profile is current and accurate; and be assigned a unique identifier linked to the database and accessible to all Federal funding agencies. The Working Group shall— establish a central repository for all of the assurances required for Federal research grants; and provide guidance to institutions of higher education and Federal science agencies on the use of the centralized assurances repository. The Working Group shall— conduct a comprehensive review of the mandated progress reports for federally funded research; and develop a strategy to simplify investigator progress reports. In developing the strategy, the Working Group shall consider limiting progress reports to performance outcomes.

(f) Consultation In carrying out its responsibilities under subsection (e)(1), the Working Group shall consult with academic researchers outside the Federal Government, including— federally funded researchers; non-federally funded researchers; institutions of higher education and their representative associations; scientific and engineering disciplinary societies and associations; nonprofit research institutions; industry, including small businesses; federally funded research and development centers; and members of the public with a stake in ensuring effectiveness, efficiency, and accountability in the performance of scientific research.

(g) Reports Not later than 1 year after January 6, 2017 , and annually thereafter for 3 years, the Working Group shall submit to the appropriate committees of Congress a report on its responsibilities under this section, including a discussion of the considerations described in paragraphs (2)(B), (3)(B), and (5)(B) of subsection (e) and recommendations made under subsection (e)(1).

§ 6605 Disclosure of funding sources in applications for Federal research and development awards

(a) Disclosure requirement Each Federal research agency shall require, as part of any application for a research and development award from such agency— that each covered individual listed on the application— disclose the amount, type, and source of all current and pending research support received by, or expected to be received by, the individual as of the time of the disclosure; certify that the disclosure is current, accurate, and complete; and agree to update such disclosure at the request of the agency prior to the award of support and at any subsequent time the agency determines appropriate during the term of the award; and that any entity applying for such award certify that each covered individual who is employed by the entity and listed on the application has been made aware of the requirements under paragraph (1).

(b) Consistency The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under section 1746(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 42 U.S.C. 6601 note) 1 shall ensure that the requirements issued by Federal research agencies under subsection (a) are consistent.

(c) Enforcement A Federal research agency may reject an application for a research and development award if the current and pending research support disclosed by an individual under subsection (a) violates Federal law or agency terms and conditions. Subject to paragraph (3), in the event that a covered individual listed on an entity’s application for a research and development award knowingly fails to disclose information under subsection (a), a Federal research agency may take one or more of the following actions: Reject the application. Suspend or terminate a research and development award made by that agency to the individual or entity. Temporarily or permanently discontinue any or all funding from that agency for the individual or entity. Temporarily or permanently suspend or debar the individual or entity in accordance with part 180 of title 2, Code of Federal Regulations, any successor regulation, or any other appropriate law or regulation, from receiving government funding. Refer the failure to disclose under subsection (a) to the Inspector General of the agency concerned for further investigation or to Federal law enforcement authorities to determine whether any criminal or civil laws were violated. Place the individual or entity in the Federal Awardee Performance and Integrity Information System for noncompliance to alert other agencies. Take such other actions against the individual or entity as are authorized under applicable law or regulations. An enforcement action described in paragraph (2) may be taken against an entity only in a case in which— the entity did not meet the requirements of subsection (a)(2); the entity knew that a covered individual failed to disclose information under subsection (a)(1) and the entity did not take steps to remedy such nondisclosure before the application was submitted; or the head of the Federal research agency concerned determines that— the entity is owned, controlled, or substantially influenced by a covered individual; and such individual knowingly failed to disclose information under subsection (a)(1). A Federal research agency that intends to take action under paragraph (1) or (2) shall, as practicable and in accordance with part 180 of title 2, Code of Federal Regulations, any successor regulation, or any other appropriate law or regulation, notify each individual or entity subject to such action about the specific reason for the action, and shall provide such individuals and entities with the opportunity to, and a process by which, to contest 2 the proposed action. A Federal research agency seeking suspension or debarment under paragraph (2)(D) shall abide by the procedures and evidentiary standards set forth in part 180 of title 2, Code of Federal Regulations, any successor regulation, or any other appropriate law or regulation.

(d) Definitions In this section: The term “covered individual” means an individual who— contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and is designated as a covered individual by the Federal research agency concerned. The term “current and pending research support”— means all resources made available, or expected to be made available, to an individual in support of the individual’s research and development efforts, regardless of— whether the source of the resource is foreign or domestic; whether the resource is made available through the entity applying for a research and development award or directly to the individual; or whether the resource has monetary value; and includes in-kind contributions requiring a commitment of time and directly supporting the individual’s research and development efforts, such as the provision of office or laboratory space, equipment, supplies, employees, or students. The term “entity” means an entity that has applied for or received a research and development award from a Federal research agency. The term “Federal research agency” means any Federal agency with an annual extramural research expenditure of over $100,000,000. The term “research and development award” means support provided to an individual or entity by a Federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency.

§ 6611 Establishment of Office

There is established in the Executive Office of the President an Office of Science and Technology Policy (hereinafter referred to in this subchapter as the “Office”). ( Pub. L. 94–282, title II, § 202 , May 11, 1976 , 90 Stat. 463 .)

§ 6612 Director; Associate Directors

(a) In general There shall be at the head of the Office a Director who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5 .

(b) Associate Directors The President is authorized to appoint not more than four Associate Directors, by and with the advice and consent of the Senate, who shall be compensated at a rate not to exceed that provided for level III of the Executive Schedule in section 5314 of such title. Associate Directors shall perform such functions as the Director may prescribe.

(c) Chief Technology Officer Subject to subsection (b), the President is authorized to designate 1 of the Associate Directors under that subsection as a United States Chief Technology Officer.

§ 6613 Functions of the Director

(a) The primary function of the Director 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 levels of Government.

(b) In addition to such other functions and activities as the President may assign, the Director shall— 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 with an annual review and analysis of funding proposed for research and development in budgets of all Federal agencies, and aid the Office of Management and Budget 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.

§ 6614 Policy planning; analysis; advice; establishment of advisory panel

(a) The Office shall 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. In carrying out the provisions of this section, the Director shall— seek to define coherent approaches for applying science and technology to critical and emerging national and international problems and for promoting coordination of the scientific and technological responsibilities and programs of the Federal departments and agencies in the resolution of such problems; assist and advise the President in the preparation of the Science and Technology Report, in accordance with section 6618 1 of this title; gather timely and authoritative information concerning significant developments and trends in science, technology, and in national priorities, both current and prospective, to analyze and interpret such information for the purpose of determining whether such developments and trends are likely to affect achievement of the priority goals of the Nation as set forth in section 6601(b) of this title ; encourage the development and maintenance of an adequate data base for human resources in science, engineering, and technology, including the development of appropriate models to forecast future manpower requirements, and assess the impact of major governmental and public programs on human resources and their utilization; initiate studies and analyses, including systems analyses and technology assessments, of alternatives available for the resolution of critical and emerging national and international problems amendable to the contributions of science and technology and, insofar as possible, determine and compare probable costs, benefits, and impacts of such alternatives; advise the President on the extent to which the various scientific and technological programs, policies, and activities of the Federal Government are likely to affect the achievement of the priority goals of the Nation as set forth in section 6601(b) of this title ; provide the President with periodic reviews of Federal statutes and administrative regulations of the various departments and agencies which affect research and development activities, both internally and in relation to the private sector, or which may interfere with desirable technological innovation, together with recommendations for their elimination, reform, or updating as appropriate; develop, review, revise, and recommend criteria for determining scientific and technological activities warranting Federal support, and recommend Federal policies designed to advance (A) the development and maintenance of broadly based scientific and technological capabilities, including human resources, at all levels of government, academia, and industry, and (B) the effective application of such capabilities to national needs; assess and advise on policies for international cooperation in science and technology which will advance the national and international objectives of the United States; identify and assess emerging and future areas in which science and technology can be used effectively in addressing national and international problems; report at least once each year to the President and the Congress on the overall activities and accomplishments of the Office, pursuant to section 6615 of this title ; periodically survey the nature and needs of national science and technology policy and make recommendations to the President, for review and transmission to the Congress, for the timely and appropriate revision of such policy in accordance with section 6602(a)(6) of this title ; and perform such other duties and functions and make and furnish such studies and reports thereon, and recommendations with respect to matters of policy and legislation as the President may request.

(b) The Director shall establish an Intergovernmental Science, Engineering, and Technology Advisory Panel (hereinafter referred to as the “Panel”), whose purpose shall be to (A) identify and define civilian problems at State, regional, and local levels which science, engineering, and technology may assist in resolving or ameliorating; (B) recommend priorities for addressing such problems; and (C) advise and assist the Director in identifying and fostering policies to facilitate the transfer and utilization of research and development results so as to maximize their application to civilian needs. The Panel shall be composed of (A) the Director of the Office, or his representative; (B) at least ten members representing the interests of the States, appointed by the Director of the Office after consultation with State officials; (C) the Director of the National Science Foundation, or his representative; and (D) the Director of the Office of Pandemic Preparedness and Response Policy. The Director of the Office, or his representative, shall serve as Chairman of the Panel. The Panel shall perform such functions as the Chairman may prescribe, and shall meet at the call of the Chairman. Each member of the Panel shall, while serving on business of the Panel, be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of title 5 , including traveltime, and, while so serving away from his home or regular place of business, he may be allowed travel expenses, including per diem in lieu of subsistence in the same manner as the expenses authorized by section 5703(b) 1 of title 5 for persons in government service employed intermittently.

§ 6615 National science and technology strategy

(a) In general Not later than December 31 of the year immediately after the calendar year in which a review under section 6615b of this title is completed, the Director of the Office of Science and Technology Policy shall, in coordination with the National Science and Technology Council, develop and submit to Congress a comprehensive national science and technology strategy of the United States to meet national research and development objectives for the following 4-year period (in this section referred to as “the national science and technology strategy”).

(b) Requirements In developing each national science and technology strategy described in subsection (a), the Director of the Office of Science and Technology Policy shall— the recommendations and priorities developed by the review under section 6615b of this title ; the most recently published interim or final national security strategy report submitted pursuant to section 3043 of title 50 ; other relevant national plans, reports, and strategies; and the strategic plans of relevant Federal departments and agencies; and strategic objectives and research priorities necessary to maintain and advance— the leadership of the United States in science and technology, including in the key technology focus areas, including near-term, medium-term, and long-term economic competitiveness; and the leadership of the United States in technologies required to address societal and national challenges, including a transition to a circular economy; programs, policies, and activities that the President recommends across all Federal departments and agencies to achieve the strategic objectives and research priorities described in subparagraph (A); plans to promote sustainability practices and strategies for increasing jobs in the United States; global trends in science and technology, including potential threats to the leadership of the United States in science and technology and opportunities for international collaboration in science and technology; and plans to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.

(c) Consultation The Director of the Office of Science and Technology Policy shall consult as necessary with the Office of Management and Budget and other appropriate elements of the Executive Office of the President to ensure that the recommendations and priorities delineated in the science and technology strategy are incorporated in the development of annual budget requests.

(d) Bi-annual briefing to Congress The Director of the Office of Science and Technology Policy shall provide on a bi-annual basis, after each release of the national science and technology strategy, a briefing to the relevant congressional committees, which may include updates on the following: The status and development of the national science and technology strategy, including any significant changes. The implementation of the national science and technology strategy. Any other information about the national science and technology strategy, as determined by the Director of the Office of Science and Technology Policy.

(e) Publication The Director of the Office of Science and Technology Policy shall, consistent with the protection of national security and other sensitive matters to the maximum extent practicable, make each national science and technology strategy publicly available on an internet website of the Office. Each report may include a classified annex if the Director of the Office of Science and Technology Policy determines such is appropriate.

(f) Termination This section terminates on the date that is ten years after August 9, 2022 .

§ 6615b Quadrennial science and technology review

(a) Requirements Not later than December 31, 2023 , and every four years thereafter, the Director of the Office of Science and Technology Policy shall complete a review of the science and technology enterprise of the United States (in this section referred to as the “quadrennial science and technology review”). The quadrennial science and technology review shall be a comprehensive examination of the science and technology strategy of the United States, including recommendations for maintaining global leadership in science and technology and advancing science and technology to address the societal and national challenges and guidance regarding the coordination of programs, assets, capabilities, budget, policies, and authorities across all Federal research and development programs. The Director of the Office of Science and Technology Policy shall conduct each quadrennial science and technology review in consultation with the following: The National Science and Technology Council. The President’s Council of Advisors on Science and Technology. The National Science Board. The National Security Council. The heads of other relevant Federal agencies. Other relevant governmental and nongovernmental entities, including representatives from industry, institutions of higher education, nonprofit organizations, Members of Congress, and other policy experts. The Director of the Office of Science and Technology Policy shall ensure that each quadrennial science and technology review is coordinated with other relevant statutorily required reviews, and to the maximum extent practicable incorporates information and recommendations from existing reviews to avoid duplication.

(b) Contents In each quadrennial science and technology review, the Director of the Office of Science and Technology Policy shall— provide an integrated view of, and recommendations for, science and technology policy across the Federal Government, while considering economic and national security and other societal and national challenges; assess and recommend priorities for research, development, and demonstration programs to maintain United States leadership in science and technology, including in manufacturing and industrial innovation; assess and recommend priorities for research, development, and demonstration programs to address societal and national challenges; assess the global competition in science and technology and identify potential threats to the leadership of the United States in science and technology and opportunities for international collaboration; assess and make recommendations on the science, technology, engineering, mathematics, and computer science workforce of the United States; assess and make recommendations to improve regional innovation across the United States; identify and assess sectors critical for the long-term resilience of United States innovation leadership across design, manufacturing, supply chains, and markets; assess and make recommendations to improve translation of basic and applied research and the enhancement of technology transfer of federally funded research; identify, assess, and make recommendations to address science and technology gaps that would not be met without Federal investment; review administrative and legislative policies and funding opportunities that affect private sector science and technology activities, and identify and make recommendations regarding policies that maintain and grow the participation and competitiveness of small- and medium-sized businesses; assess and identify the infrastructure and tools needed to maintain the leadership of the United States in science and technology and address other societal and national challenges; and review administrative or legislative policies that affect the science and technology enterprise and identify and make recommendations regarding policies that hinder research and development in the United States.

(c) Reporting Not later than December 31 of the year in which a quadrennial science and technology review is conducted, the Director of the Office of Science and Technology Policy shall submit to Congress a report relating to such review. The Director of the Office of Science and Technology Policy shall, consistent with the protection of national security and other sensitive matters to the maximum extent practicable, make each report submitted under paragraph (1) publicly available on an internet website of the Office of Science and Technology Policy. Each report may include a classified annex if the Director of the Office of Science and Technology Policy determines such appropriate.

(d) Termination This section shall terminate on the date that is ten years after August 9, 2022 .

§ 6616 Additional functions of Director

(a) Service as Chairman of Federal Coordinating Council for Science, Engineering, and Technology and as member of Domestic Council The Director shall, in addition to the other duties and functions set forth in this subchapter— serve as Chairman of the Federal Coordinating Council for Science, Engineering, and Technology established under subchapter IV; and serve as a member of the Domestic Council.

(b) Advice to National Security Council For the purpose of assuring the optimum contribution of science and technology to the national security, the Director, at the request of the National Security Council, shall advise the National Security Council in such matters concerning science and technology as relate to national security.

(c) Officers and employees; services; contracts; payments In carrying out his functions under this chapter, the Director is authorized to— appoint such officers and employees as he may deem necessary to perform the functions now or hereafter vested in him and to prescribe their duties; obtain services as authorized by section 3109 of title 5 at rates not to exceed the rate prescribed for grade GS–18 of the General Schedule by section 5332 of title 5 ; and enter into contracts and other arrangements for studies, analyses, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as he deems necessary to carry out the provisions of this chapter without legal consideration, without performance bonds, and without regard to section 6101 of title 41 .

§ 6617 Coordination with other organizations

(a) Consultation and cooperation with Federal departments and agencies; utilization of consultants; establishment of advisory panels; consultation with State and local agencies, professional groups, and representatives of industry, etc.; hearings; utilization of services, personnel, equipment, etc., of public and private agencies and organizations, and individuals In exercising his functions under this chapter, the Director shall— work in close consultation and cooperation with the Domestic Council, the National Security Council, the Office of Homeland Security, the Council on Environmental Quality, the Council of Economic Advisers, the Office of Management and Budget, the National Science Board, and the Federal departments and agencies; utilize the services of consultants, establish such advisory panels, and, to the extent practicable, consult with State and local governmental agencies, with appropriate professional groups, and with such representatives of industry, the universities, agriculture, labor, consumers, conservation organizations, and such other public interest groups, organizations, and individuals as he deems advisable; hold such hearings in various parts of the Nation as he deems necessary, to determine the views of the agencies, groups, and organizations referred to in paragraph (2) of this subsection and of the general public, concerning national needs and trends in science and technology; and utilize with their consent to the fullest extent possible the services, personnel, equipment, facilities, and information (including statistical information) of public and private agencies and organizations, and individuals, in order to avoid duplication of effort and expense, and may transfer funds made available pursuant to this chapter to other Federal agencies as reimbursement for the utilization of such personnel, services, facilities, equipment, and information.

(b) Information from Executive departments, agencies, and instrumentalities Each department, agency, and instrumentality of the Executive Branch of the Government, including any independent agency, is authorized to furnish the Director such information as the Director deems necessary to carry out his functions under this chapter.

(c) Assistance from Administrator of National Aeronautics and Space Administration Upon request, the Administrator of the National Aeronautics and Space Administration is authorized to assist the Director with respect to carrying out his activities conducted under paragraph (5) of section 6614(a) of this title .

§ 6618 Major science and technology proposals

The Director shall identify and provide an annual report to Congress on each major multinational science and technology project, in which the United States is not a participant, which has a total estimated cost greater than $1,000,000,000. ( Pub. L. 94–282, title II, § 209 , as added Pub. L. 102–245, title V, § 502 , Feb. 14, 1992 , 106 Stat. 24 .)

§ 6619 National coordination of research infrastructure

(a) Identification and prioritization of deficiencies in Federal research facilities Each year the Director of the Office of Science and Technology Policy shall, through the National Science and Technology Council, identify and prioritize the deficiencies in research facilities and major instrumentation located at Federal laboratories and national user facilities at academic institutions that are widely accessible for use by researchers in the United States. In prioritizing such deficiencies, the Director shall consider research needs in areas relevant to the specific mission requirements of Federal agencies.

(b) Planning for acquisition, refurbishment, and maintenance of research facilities and major instrumentation The Director shall, through the National Science and Technology Council, coordinate the planning by Federal agencies for the acquisition, refurbishment, and maintenance of research facilities and major instrumentation to address the deficiencies identified under subsection (a).

(c) Report The Director shall submit to Congress each year, together with documents submitted to Congress in support of the budget of the President for the fiscal year beginning in such year (as submitted pursuant to section 1105 of title 31 ), a report, current as of the fiscal year ending in the year before such report is submitted, setting forth the following: A description of the deficiencies in research infrastructure identified in accordance with subsection (a). A list of projects and budget proposals of Federal research facilities, set forth by agency, for major instrumentation acquisitions that are included in the budget proposal of the President. An explanation of how the projects and instrumentation acquisitions described in paragraph (2) relate to the deficiencies and priorities identified pursuant to subsection (a).

§ 6620 Release of scientific research results

(a) Principles Not later than 90 days after August 9, 2007 , the Director of the Office of Science and Technology Policy, in consultation with the Director of the Office of Management and Budget and the heads of all Federal civilian agencies that conduct scientific research, shall develop and issue an overarching set of principles to ensure the communication and open exchange of data and results to other agencies, policymakers, and the public of research conducted by a scientist employed by a Federal civilian agency and to prevent the intentional or unintentional suppression or distortion of such research findings. The principles shall encourage the open exchange of data and results of research undertaken by a scientist employed by such an agency and shall be consistent with existing Federal laws, including chapter 18 of title 35 (commonly known as the “Bayh-Dole Act”). The principles shall also take into consideration the policies of peer-reviewed scientific journals in which Federal scientists may currently publish results.

(b) Implementation Not later than 180 days after August 9, 2007 , the Director of the Office of Science and Technology Policy shall ensure that all civilian Federal agencies that conduct scientific research develop specific policies and procedures regarding the public release of data and results of research conducted by a scientist employed by such an agency consistent with the principles established under subsection (a). Such polices 1 and procedures shall— specifically address what is and what is not permitted or recommended under such policies and procedures; be specifically designed for each such agency; be applied uniformly throughout each such agency; and be widely communicated and readily accessible to all employees of each such agency and the public.

§ 6621 Coordination of Federal STEM education

(a) Establishment The Director shall establish a committee under the National Science and Technology Council, including the Office of Management and Budget, with the responsibility to coordinate Federal programs and activities in support of STEM education, including at the National Science Foundation, the Department of Energy, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the Department of Education, and all other Federal agencies that have programs and activities in support of STEM education.

(b) Responsibilities The committee established under subsection (a) shall— coordinate the STEM education activities and programs of the Federal agencies; coordinate STEM education activities and programs with the Office of Management and Budget; encourage the teaching of innovation and entrepreneurship as part of STEM education activities; review STEM education activities and programs to ensure they are not duplicative of similar efforts within the Federal government; develop, implement through the participating agencies, and update once every 5 years a 5-year STEM education strategic plan, which shall— specify and prioritize annual and long-term objectives; specify the common metrics that will be used to assess progress toward achieving the objectives; describe the approaches that will be taken by each participating agency to assess the effectiveness of its STEM education programs and activities; and with respect to subparagraph (A), describe the role of each agency in supporting programs and activities designed to achieve the objectives; establish, periodically update, and maintain an inventory of federally sponsored STEM education programs and activities, including documentation of assessments of the effectiveness of such programs and activities and rates of participation by women, underrepresented minorities, and persons in rural areas in such programs and activities; collaborate with the STEM Education Advisory Panel established under section 303 of the American Innovation and Competitiveness Act and other outside stakeholders to ensure the engagement of the STEM education community; review the measures used by a Federal agency to evaluate its STEM education activities and programs; request and review feedback from States on how the States are utilizing Federal STEM education programs and activities; and recommend the reform, termination, or consolidation of Federal STEM education activities and programs, taking into consideration the recommendations of the STEM Education Advisory Panel.

(c) Responsibilities of OSTP The Director shall encourage and monitor the efforts of the participating agencies to ensure that the strategic plan under subsection (b)(5) is developed and executed effectively and that the objectives of the strategic plan are met.

(d) Reports The Director shall transmit a report annually to Congress at the time of the President’s budget request describing the plan required under subsection (b)(5). The annual report shall include— a description of the STEM education programs and activities for the previous and current fiscal years, and the proposed programs and activities under the President’s budget request, of each participating Federal agency; the levels of funding for each participating Federal agency for the programs and activities described under paragraph (1) for the previous fiscal year and under the President’s budget request; an evaluation of the levels of duplication and fragmentation of the programs and activities described under paragraph (1); except for the initial annual report, a description of the progress made in carrying out the implementation plan, including a description of the outcome of any program assessments completed in the previous year, and any changes made to that plan since the previous annual report; a description of how the participating Federal agencies will disseminate information about federally supported resources for STEM education practitioners, including teacher professional development programs, to States and to STEM education practitioners, including to teachers and administrators in schools that meet the criteria described in subsection (c)(1)(A) and (B) of section 7381j of this title ; a description of all consolidations and terminations of Federal STEM education programs and activities implemented in the previous fiscal year, including an explanation for the consolidations and terminations; recommendations for reforms, consolidations, and terminations of STEM education programs or activities in the upcoming fiscal year; a description of any significant new STEM education public-private partnerships 1 an account of Federal research agency investments in HBCUs, TCUs, and MSIs, including, to the degree practicable, data on the level of participation of HBCUs, TCUs, and MSIs as prime recipients, contractors, subrecipients, or subcontractors of an award, or reasonable estimates thereof; and a description of material changes to the implementation of section 10522 of the Research and Development, Competition, and Innovation Act.

§ 6622 Coordination of advanced manufacturing research and development

(a) Interagency Committee The Director shall establish or designate a Committee on Technology under the National Science and Technology Council. The Committee shall be responsible for planning and coordinating Federal programs and activities in advanced manufacturing research and development. In furtherance of the Committee’s work, the Committee shall consult with the National Economic Council.

(b) Responsibilities of Committee The Committee shall— coordinate the advanced manufacturing research and development programs and activities of the Federal agencies; establish goals and priorities for advanced manufacturing research and development that will strengthen United States manufacturing; work with industry organizations, Federal agencies, and Federally Funded Research and Development Centers not represented on the Committee, to identify and reduce regulatory, logistical, and fiscal barriers within the Federal government and State governments that inhibit United States manufacturing; facilitate the transfer of intellectual property and technology based on federally supported university research into commercialization and manufacturing; identify technological, market, or business challenges that may best be addressed by public-private partnerships, and are likely to attract both participation and primary funding from industry; encourage the formation of public-private partnerships to respond to those challenges for transition to United States manufacturing; and develop and update a national strategic plan for advanced manufacturing in accordance with subsection (c).

(c) National strategic plan for advanced manufacturing The President shall submit to Congress, and publish on an Internet website that is accessible to the public, the strategic plan developed under paragraph (2). The Committee shall develop, and update as required under paragraph (4), in coordination with the National Economic Council, a strategic plan to improve Government coordination and provide long-term guidance for Federal programs and activities in support of United States manufacturing competitiveness, including advanced manufacturing research and development. The strategic plan described in paragraph (2) shall— specify and prioritize near-term and long-term objectives, including research and development objectives, the anticipated time frame for achieving the objectives, and the metrics for use in assessing progress toward the objectives; describe the progress made in achieving the objectives from prior strategic plans, including a discussion of why specific objectives were not met; specify the role, including the programs and activities, of each relevant Federal agency in meeting the objectives of the strategic plan; describe how the Federal agencies and Federally funded research and development centers supporting advanced manufacturing research and development will foster the transfer of research and development results into new manufacturing technologies and United States-based manufacturing of new products and processes for the benefit of society to ensure national, energy, and economic security; describe how such Federal agencies and centers will strengthen all levels of manufacturing education and training programs to ensure an adequate, well-trained workforce; describe how such Federal agencies and centers will assist small and medium-sized manufacturers in developing and implementing new products and processes; analyze factors that impact innovation and competitiveness for United States advanced manufacturing, including— technology transfer and commercialization activities; the adequacy of the national security industrial base; the capabilities of the domestic manufacturing workforce; export opportunities and trade policies; financing, investment, and taxation policies and practices; emerging technologies and markets; advanced manufacturing research and development undertaken by competing nations; and the capabilities of the manufacturing workforce of competing nations; and elicit and consider the recommendations of a wide range of stakeholders, including representatives from diverse manufacturing companies, academia, and other relevant organizations and institutions. Not later than May 1, 2018 , and not less frequently than once every 4 years thereafter, the President shall submit to Congress, and publish on an Internet website that is accessible to the public, an update of the strategic plan submitted under paragraph (1). Such updates shall be developed in accordance with the procedures set forth under this subsection. In preparing the budget for a fiscal year under section 1105(a) of title 31 , the President shall include information regarding the consistency of the budget with the goals and recommendations included in the strategic plan developed under this subsection applying to that fiscal year. The Advanced Manufacturing Partnership Steering Committee of the President’s Council of Advisors on Science and Technology shall provide input, perspective, and recommendations to assist in the development and updates of the strategic plan under this subsection.

§ 6623 Interagency public access committee

(a) Establishment The Director shall establish a working group under the National Science and Technology Council with the responsibility to coordinate Federal science agency research and policies related to the dissemination and long-term stewardship of the results of unclassified research, including digital data and peer-reviewed scholarly publications, supported wholly, or in part, by funding from the Federal science agencies.

(b) Responsibilities The working group shall— identify the specific objectives and public interests that need to be addressed by any policies coordinated under (a); take into account inherent variability among Federal science agencies and scientific disciplines in the nature of research, types of data, and dissemination models; coordinate the development or designation of standards for research data, the structure of full text and metadata, navigation tools, and other applications to maximize interoperability across Federal science agencies, across science and engineering disciplines, and between research data and scholarly publications, taking into account existing consensus standards, including international standards; coordinate Federal science agency programs and activities that support research and education on tools and systems required to ensure preservation and stewardship of all forms of digital research data, including scholarly publications; work with international science and technology counterparts to maximize interoperability between United States based unclassified research databases and international databases and repositories; solicit input and recommendations from, and collaborate with, non-Federal stakeholders, including the public, universities, nonprofit and for-profit publishers, libraries, federally funded and non federally 1 funded research scientists, and other organizations and institutions with a stake in long term preservation and access to the results of federally funded research; establish priorities for coordinating the development of any Federal science agency policies related to public access to the results of federally funded research to maximize the benefits of such policies with respect to their potential economic or other impact on the science and engineering enterprise and the stakeholders thereof; take into consideration the distinction between scholarly publications and digital data; take into consideration the role that scientific publishers play in the peer review process in ensuring the integrity of the record of scientific research, including the investments and added value that they make; and examine Federal agency practices and procedures for providing research reports to the agencies charged with locating and preserving unclassified research.

(c) Patent or copyright law Nothing in this section shall be construed to undermine any right under the provisions of title 17 or 35.

(d) Application with existing law Nothing defined in section (b) shall be construed to affect existing law with respect to Federal science agencies’ policies related to public access.

(e) Report to Congress Not later than 1 year after January 4, 2011 , the Director shall transmit a report to Congress describing— the specific objectives and public interest identified under (b)(1); any priorities established under subsection (b)(7); the impact the policies described under (a) have had on the science and engineering enterprise and the stakeholders, including the financial impact on research budgets; the status of any Federal science agency policies related to public access to the results of federally funded research; and how any policies developed or being developed by Federal science agencies, as described in subsection (a), incorporate input from the non-Federal stakeholders described in subsection (b)(6).

(f) Federal science agency defined For the purposes of this section, the term “Federal science agency” means any Federal agency with an annual extramural research expenditure of over $100,000,000.

§ 6624 Federal scientific collections

(a) Management of scientific collections The Office of Science and Technology Policy shall develop policies for the management and use of Federal scientific collections to improve the quality, organization, access, including online access, and long-term preservation of such collections for the benefit of the scientific enterprise. In developing those policies the Office of Science and Technology Policy shall consult, as appropriate, with— Federal agencies with such collections; and representatives of other organizations, institutions, and other entities not a part of the Federal Government that have a stake in the preservation, maintenance, and accessibility of such collections, including State and local government agencies, institutions of higher education, museums, and other entities engaged in the acquisition, holding, management, or use of scientific collections.

(b) Clearinghouse The Office of Science and Technology Policy, in consultation with relevant Federal agencies, shall ensure the development of an online clearinghouse for information on the contents of and access to Federal scientific collections.

(c) Disposal of collections The policies developed under subsection (a) shall— require that, before disposing of a scientific collection, a Federal agency shall— conduct a review of the research value of the collection; and consult with researchers who have used the collection, and other potentially interested parties, concerning— the collection’s value for research purposes; and possible additional educational uses for the collection; and include procedures for Federal agencies to transfer scientific collections they no longer need to researchers at institutions or other entities qualified to manage the collections.

(d) Cost projections The Office of Science and Technology Policy, in consultation with relevant Federal agencies, shall develop a common set of methodologies to be used by Federal agencies for the assessment and projection of costs associated with the management and preservation of their scientific collections.

(e) Scientific collection defined In this section, the term “scientific collection” means a set of physical specimens, living or inanimate, created for the purpose of supporting science and serving as a long-term research asset, rather than for their market value as collectibles or their historical, artistic, or cultural significance, and, as appropriate and feasible, the associated specimen data and materials.

§ 6625 Coordination of international science and technology partnerships

(a) Short title This section may be cited as the “International Science and Technology Cooperation Act of 2016”.

(b) Establishment The Director of the Office of Science and Technology Policy shall establish a body under the National Science and Technology Council with the responsibility to identify and coordinate international science and technology cooperation that can strengthen the United States science and technology enterprise, improve economic and national security, and support United States foreign policy goals.

(c) NSTC body leadership The body established under subsection (b) shall be co-chaired by senior level officials from the Office of Science and Technology Policy and the Department of State.

(d) Responsibilities The body established under subsection (b) shall— plan and coordinate interagency international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies; work with other National Science and Technology Council committees to help plan and coordinate the international component of national science and technology priorities; establish Federal priorities and policies for aligning, as appropriate, international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies with the foreign policy goals of the United States; identify opportunities for new international science and technology cooperative research and training partnerships that advance both the science and technology and the foreign policy priorities of the United States; in carrying out paragraph (4), solicit input and recommendations from non-Federal science and technology stakeholders, including institutions of higher education, scientific and professional societies, industry, and other relevant organizations and institutions; and identify broad issues that influence the ability of United States scientists and engineers to collaborate with foreign counterparts, including barriers to collaboration and access to scientific information.

(e) Report to Congress The Director of the Office of Science and Technology Policy shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives a biennial report on the requirements of this section.

(f) Website The Director shall make each report available to the public on the Office of Science and Technology Policy website.

(g) Termination The body established under subsection (b) shall terminate on the date that is 10 years after January 6, 2017 .

(h) Additional reports to Congress The Director of the Office of Science and Technology Policy shall submit, not later than 60 days after January 6, 2017 , and annually thereafter, to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives a report that lists and describes the details of all foreign travel by Office of Science and Technology Policy staff and detailees.

§ 6626 Working group on inclusion in STEM fields

(a) Establishment The Office of Science and Technology Policy, in collaboration with Federal departments and agencies, shall establish an interagency working group to compile and summarize available research and best practices on how to promote diversity and inclusions in STEM fields and examine whether barriers exist to promoting diversity and inclusion within Federal agencies employing scientists and engineers.

(b) Responsibilities The working group shall be responsible for reviewing and assessing research, best practices, and policies across Federal science agencies related to the inclusion of individuals identified in sections 1885a and 1885b of this title in the Federal STEM workforce, including available research and best practices on how to promote diversity and inclusion in STEM fields, including— policies providing flexibility for scientists and engineers that are also caregivers, particularly on the timing of research grants; policies to address the proper handling of claims of sexual harassment; policies to minimize the effects of implicit bias and other systemic factors in hiring, promotion, evaluation and the workplace in general; and other evidence-based strategies that the working group considers effective for promoting diversity and inclusion in the STEM fields.

(c) Stakeholder input In carrying out the responsibilities under section (b), the working group shall solicit and consider input and recommendations from non-Federal stakeholders, including— the Council of Advisors on Science and Technology; federally funded and non-federally funded researchers, institutions of higher education, scientific disciplinary societies, and associations; nonprofit research institutions; industry, including small businesses; federally funded research and development centers; non-governmental organizations; and such other members of the public interested in promoting a diverse and inclusive Federal STEM workforce.

(d) Public reports Not later than 1 year after January 6, 2017 , and periodically thereafter, the working group shall publish a report on the review and assessment under subsection (b), including a summary of available research and best practices, any recommendations for Federal actions to promote a diverse and inclusive Federal STEM workforce, and updates on the implementation of previous recommendations for Federal actions.

(e) Termination The interagency working group established under subsection (a) shall terminate on the date that is 10 years after the date that it is established.

§ 6627 Federally-funded research with enhanced pathogens of pandemic potential

(a) Review and oversight of enhanced pathogens of pandemic potential The Director of the Office of Science and Technology Policy (referred to in this section as the “Director”), in consultation with the heads of relevant Federal departments and agencies, shall— not later than 1 year after December 29, 2022 — continue or conduct a review of existing Federal policies related to research proposed for Federal funding that may be reasonably anticipated to involve the creation, transfer, or use of enhanced pathogens of pandemic potential; and establish or update a Federal policy for the consistent review and oversight of such proposed research that appropriately considers the risks associated with, and potential benefits of, such research; and not less than every 4 years thereafter, review and update such policy, as necessary and appropriate, to ensure that such policy fully accounts for relevant research that may be reasonably anticipated to involve the creation, transfer, or use of enhanced pathogens of pandemic potential, takes into consideration the benefits of such research, and supports the mitigation of related risks. The policy established pursuant to paragraph (1) shall include— a clear scope to support the consistent identification of research proposals subject to such policy by relevant Federal departments and agencies; a framework for such reviews that accounts for safety, security, and ethical considerations related to the creation, transfer, or use of enhanced pathogens of pandemic potential; measures to enhance the transparency and public availability of information related to such research activities in a manner that does not compromise national security, the safety and security of such research activities, or any identifiable, sensitive information of relevant individuals; and consistent procedures across relevant Federal department and agencies to ensure that— proposed research that has been determined to have scientific and technical merit and may be subject to such policy is identified and referred for review; subjected research activities conducted under an award, including activities undertaken by any subrecipients of such award, are monitored regularly throughout the project period to ensure compliance with such policy and the terms and conditions of such award; and in the event that federally-funded research activities not subject to such policy produce unanticipated results related to the creation, transfer, or use of enhanced pathogens of pandemic potential, such research activities are identified and appropriately reviewed under such policy. Reviews required pursuant to this section shall be in addition to any applicable requirements for research project applications required under the Public Health Service Act [ 42 U.S.C. 201 et seq.], including reviews required under section 492 of such Act ( 42 U.S.C. 289a ), as applicable, or other applicable laws.

(b) Implementation The Director shall direct all heads of relevant Federal departments and agencies to update, modernize, or promulgate applicable implementing guidance to implement the requirements of this section. Consistent with the requirements under subsection (a)(1)(B), the Director shall require all heads of relevant Federal departments and agencies to update such policies consistent with any changes to the policy established pursuant to subsection (a)(1).

(c) Limitations on countries of concern conducting certain research Beginning not later than 60 days after December 29, 2022 , the Secretary of Health and Human Services shall not fund research conducted by a foreign entity at a facility located in a country of concern, in the estimation of the Director of National Intelligence or the head of another relevant Federal department or agency, as appropriate, in consultation with the Secretary of Health and Human Services, involving pathogens of pandemic potential or biological agents or toxins listed pursuant to section 351A(a)(1) of the Public Health Service Act ( 42 U.S.C. 262a(a)(1) ). The Secretary of Health and Human Services may lift or suspend the prohibition of funding under paragraph (1)— only after the review required under subsection (a)(1)(A)(i) is complete; and only if the Secretary notifies Congress not less than 15 days before such prohibition is lifted or suspended.

§ 6631 Establishment of Committee

The President shall establish within the Executive Office of the President a President’s Committee on Science and Technology (hereinafter referred to as the “Committee”). ( Pub. L. 94–282, title III, § 301 , May 11, 1976 , 90 Stat. 468 .)

§ 6632 Membership of Committee

(a) Composition; appointment The Committee shall consist of— the Director of the Office of Science and Technology Policy established under subchapter II of this chapter; and not less than eight nor more than fourteen other members appointed by the President not more than sixty days after the Director has assumed office (as provided in section 6612 of this title ).

(b) Qualifications Members of the Committee appointed by the President pursuant to subsection (a)(2) of this section shall— be qualified and distinguished in one or more of the following areas: science, engineering, technology, information dissemination, education, management, labor, or public affairs; be capable of critically assessing the policies, priorities, programs, and activities of the Nation, with respect to the findings, policies, and purposes set forth in subchapter I; and shall collectively constitute a balanced composition with respect to (A) fields of science and engineering, (B) academic, industrial, and government experience, and (C) business, labor, consumer, and public interest points of view.

(c) Chairman; Vice Chairman The President shall appoint one member of the Committee to serve as Chairman and another member to serve as Vice Chairman for such periods as the President may determine.

(d) Compensation Each member of the Committee who is not an officer of the Federal Government shall, while serving on business of the Committee, be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of title 5 , including traveltime, and while so serving away from his home or regular place of business he may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703(b) 1 of title 5 for persons in Government service employed intermittently.

§ 6633 Federal science, engineering, and technology survey; reports

(a) The Committee shall survey, examine, and analyze the overall context of the Federal science, engineering, and technology effort including missions, goals, personnel, funding, organization, facilities, and activities in general, taking adequate account of the interests of individuals and groups that may be affected by Federal scientific, engineering, and technical programs, including, as appropriate, consultation with such individuals and groups. In carrying out its functions under this section, the Committee shall, among other things, consider needs for— organizational reform, including institutional realinement designed to place Federal agencies whose missions are primarily or solely devoted to scientific and technological research and development, and those agencies primarily or solely concerned with fuels, energy, and materials, within a single cabinet-level department; improvements in existing systems for handling scientific and technical information on a Government-wide basis, including consideration of the appropriate role to be played by the private sector in the dissemination of such information; improved technology assessment in the executive branch of the Federal Government; improved methods for effecting technology innovation, transfer, and use; stimulating more effective Federal-State and Federal-industry liaison and cooperation in science and technology, including the formation of Federal-State mechanisms for the mutual pursuit of this goal; reduction and simplification of Federal regulations and administrative practices and procedures which may have the effect of retarding technological innovation or opportunities for its utilization; a broader base for support of basic research; ways of strengthening the Nation’s academic institutions’ capabilities for research and education in science and technology; ways and means of effectively integrating scientific and technological factors into our national and international policies; technology designed to meet community and individual needs; maintenance of adequate scientific and technological manpower with regard to both quality and quantity; improved systems for planning and analysis of the Federal science and technology programs; and long-range study, analysis, and planning in regard to the application of science and technology to major national problems or concerns.

(b) Within twelve months from the time the Committee is activated in accordance with section 6632(a) of this title , the Committee shall issue an interim report of its activities and operations to date. Not more than twenty-four months from the time the Committee is activated, the Committee shall submit a final report of its activities, findings, conclusions, and recommendations, including such supporting data and material as may be necessary, to the President. The President, within sixty days of receipt thereof, shall transmit each such report to each House of Congress together with such comments, observations, and recommendations thereon as he deems appropriate.

§ 6634 Continuation of Committee

(a) Ninety days after submission of the final report prepared under section 6633 of this title , the Committee shall cease to exist, unless the President, before the expiration of the ninety-day period, makes a determination that it is advantageous for the Committee to continue in being.

(b) If the President determines that it is advantageous for the Committee to continue in being, (1) the Committee shall exercise such functions as are prescribed by the President; and (2) the members of the Committee shall serve at the pleasure of the President.

§ 6635 Staff and consultant support

(a) In the performance of its functions under sections 6633 and 6634 of this title, the Committee is authorized— to select, appoint, employ, and fix the compensation of such specialists and other experts as may be necessary for the carrying out of its duties and functions, and to select, appoint, and employ, subject to the civil service laws, such other officers and employees as may be necessary for carrying out its duties and functions; and to provide for participation of such civilian and military personnel as may be detailed to the Committee pursuant to subsection (b) of this section for carrying out the functions of the Committee.

(b) Upon request of the Committee, the head of any Federal department, agency, or instrumentality is authorized (1) to furnish to the Committee such information as may be necessary for carrying out its functions and as may be available to or procurable by such department, agency, or instrumentality, and (2) to detail to temporary duty with the Committee on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions. Each such detail shall be without loss of seniority, pay, or other employee status, to civilian employees so detailed, and without loss of status, rank, office, or grade, or of any emolument, perquisite, right, privilege, or benefit incident thereto to military personnel so detailed. Each such detail shall be made pursuant to an agreement between the Chairman and the head of the relevant department, agency, or instrumentality, and shall be in accordance with the provisions of subchapter III of chapter 33, title 5.

§ 6651 Establishment, membership, and functions of Council

(a) Designation There is established the Federal Coordinating Council for Science, Engineering, and Technology (hereinafter referred to as the “Council”).

(b) Composition The Council shall be composed of the Director of the Office of Science and Technology Policy, the Director of the Office of Pandemic Preparedness and Response Policy, and one representative of each of the following Federal agencies: Department of Agriculture, Department of Commerce, Department of Defense, Department of Health and Human Services, Department of Housing and Urban Development, Department of the Interior, Department of State, Department of Transportation, Department of Veterans Affairs, National Aeronautics and Space Administration, National Science Foundation, Environmental Protection Agency, and Department of Energy. Each such representative shall be an official of policy rank designated by the head of the Federal agency concerned.

(c) Chairman The Director of the Office of Science and Technology Policy shall serve as Chairman of the Council. The Chairman may designate another member of the Council to act temporarily in the Chairman’s absence as Chairman.

(d) Participation of unnamed Federal agencies in meetings; invitations to attend meetings The Chairman may (1) request the head of any Federal agency not named in subsection (b) of this section to designate a representative to participate in meetings or parts of meetings of the Council concerned with matters of substantial interest to such agency, and (2) invite other persons to attend meetings of the Council.

(e) Consideration of problems and developments affecting more than one Federal agency; recommendations The Council shall consider problems and developments in the fields of science, engineering, and technology and related activities affecting more than one Federal agency, and shall recommend policies and other measures designed to— provide more effective planning and administration of Federal scientific, engineering, and technological programs, identify research needs including areas requiring additional emphasis, achieve more effective utilization of the scientific, engineering, and technological resources and facilities of Federal agencies, including the elimination of unwarranted duplication, and further international cooperation in science, engineering, and technology.

(f) Other advisory duties The Council shall perform such other related advisory duties as shall be assigned by the President or by the Chairman.

(g) Assistance to Council by agency represented thereon For the purpose of carrying out the provisions of this section, each Federal agency represented on the Council shall furnish necessary assistance to the Council. Such assistance may include— detailing employees to the Council to perform such functions, consistent with the purposes of this section, as the Chairman may assign to them, and undertaking, upon request of the Chairman, such special studies for the Council as come within the functions herein assigned.

(h) Establishment of subcommittees and panels For the purpose of conducting studies and making reports as directed by the Chairman, standing subcommittees and panels of the Council may be established.

§ 6671 Authorization of appropriations

(a) For the purpose of carrying out subchapter II of this chapter, there are authorized to be appropriated— $750,000forthefiscalyearendingJune30,1976;$500,000 for the period beginning July 1, 1976 , and ending September 30, 1976 ; $3,000,000 for the fiscal year ending September 30, 1977 ; and such sums as may be necessary for each of the succeeding fiscal years.

(b) For the purpose of carrying out subchapter III of this chapter, there are authorized to be appropriated— $750,000forthefiscalyearendingJune30,1976;$500,000 for the period beginning July 1, 1976 , and ending September 30, 1976 ; $1,000,000 for the fiscal year ending September 30, 1977 ; and such sums as may be necessary for each of the succeeding fiscal years.

§§ 6681 to 6685 Omitted

§ 6686 Science and Technology Policy Institute

(a) Establishment There shall be established a federally funded research and development center to be known as the “Science and Technology Policy Institute” (hereinafter in this section referred to as the “Institute”).

(b) Incorporation The Institute shall be— administered as a separate entity by an organization currently managing another federally funded research and development center; or incorporated as a nonprofit membership corporation.

(c) Duties The duties of the Institute shall include the following: The assembly of timely and authoritative information regarding significant developments and trends in science and technology research and development in the United States and abroad, including information relating to the technologies identified in the most recent biennial report submitted to Congress by the President pursuant to section 6683(d) 1 of this title and developing and maintaining relevant informational and analytical tools. Analysis and interpretation of the information referred to in paragraph (1) with particular attention to the scope and content of the Federal science and technology research and development portfolio as it affects interagency and national issues. Initiation of studies and analysis of alternatives available for ensuring the long-term strength of the United States in the development and application of science and technology, including appropriate roles for the Federal Government, State governments, private industry, and institutions of higher education in the development and application of science and technology. Provision, upon the request of the Director of the Office of Science and Technology Policy, of technical support and assistance— to the committees and panels of the President’s Council of Advisers on Science and Technology that provide advice to the Executive branch on science and technology policy; and to the interagency committees and panels of the Federal Government concerned with science and technology.

(d) Consultation on Institute activities In carrying out the duties referred to in subsection (c), personnel of the Institute shall— consult widely with representatives from private industry, institutions of higher education, and nonprofit institutions; and to the maximum extent practicable, incorporate information and perspectives derived from such consultations in carrying out such duties.

(e) Annual reports The Institute shall submit to the President an annual report on the activities of the Institute under this section. Each report shall be in accordance with requirements prescribed by the President.

(f) Sponsorship The Director of the National Science Foundation shall be the sponsor of the Institute. The Director of the National Science Foundation, in consultation with the Director of Office of Science and Technology Policy, shall enter into a sponsoring agreement with respect to the Institute. The sponsoring agreement shall require that the Institute carry out such functions as the Director of Office of Science and Technology Policy may specify consistent with the duties referred to in subsection (c). The sponsoring agreement shall be consistent with the general requirements prescribed for such a sponsoring agreement by the Administrator for Federal Procurement Policy.

§ 6687 Critical technology strategies

(a) Requirement for critical technology strategies The President shall develop and revise as needed a multiyear strategy for federally supported research and development for each critical technology designated by the President. In designating critical technologies for the purpose of this section, the President shall begin with the national critical technologies listed in a biennial report on national critical technologies submitted to Congress by the President pursuant to section 6683(d) 1 of this title. A critical technology strategy may cover more than one critical technology. The President shall assign responsibilities and develop procedures for conducting executive branch activities to carry out this section. During the development of a critical technology strategy, the President shall provide for the following: The development of goals and objectives for the appropriate Federal role in the development of the critical technology or technologies that the President expects to be covered by the strategy. Close consultation with appropriate representatives of United States industries, members of industry associations, representatives of labor organizations in the United States, members of professional and technical societies in the United States and other persons who are qualified to provide advice and assistance in the development of such critical technology or technologies. The development of an organizational structure within the Federal Government that is appropriate for coordinating, managing, and reviewing the Federal Government’s role in the implementation of the strategy, including allocating roles among Federal departments and agencies. The development of policies and procedures for synergistic government, industrial, and university participation in the implementation of the strategy. The development of Federal budget estimates for research and development regarding the critical technology or technologies covered by the strategy for the first five fiscal years covered by that strategy.

(b) Report Not later than February 15 of each year, beginning in 1993, the President shall submit to Congress an annual report describing the implementation of subsection (a). The annual report shall include the following: For each critical technology designated by the President for the purpose of subsection (a), a description of the progress made in implementing subsection (a) during the fiscal year preceding the fiscal year in which the report is submitted. A description of each proposed program, if any, for further implementing subsection (a) with respect to a critical technology through the date for the submission of the next annual report. A copy of each strategy, if any, completed or revised pursuant to subsection (a) during the fiscal year covered by the report.