US (United States) Code. Title 42. Chapter 79: Science and Technology Policy, organization and priorities

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY,

ORGANIZATION AND PRIORITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

-HEAD-

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

-MISC1-

SUBCHAPTER I - NATIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY

AND PRIORITIES

Sec.

6601. Congressional findings; priority goals.

6602. Congressional declaration of policy.

(a) Principles.

(b) Implementation.

(c) Procedures.

SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY POLICY

6611. Establishment of Office.

6612. Director; Associate Directors.

6613. Functions of Director.

6614. Policy planning; analysis; advice; establishment of

advisory panel.

6615. Science and technology report and outlook.

(a) Contents of report.

(b) Printing; availability to public.

6616. Additional functions of Director.

(a) Service as Chairman of Federal Coordinating

Council for Science, Engineering, and

Technology and as member of Domestic Council.

(b) Advice to National Security Council.

(c) Officers and employees; services; contracts;

payments.

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.

(b) Information from Executive departments,

agencies, and instrumentalities.

(c) Assistance from Administrator of National

Aeronautics and Space Administration.

6618. Major science and technology proposals.

SUBCHAPTER III - PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY

6631. Establishment of Committee.

6632. Membership of Committee.

(a) Composition; appointment.

(b) Qualifications.

(c) Chairman; Vice Chairman.

(d) Compensation.

6633. Federal science, engineering, and technology survey;

reports.

6634. Continuation of Committee.

6635. Staff and consultant report.

SUBCHAPTER IV - FEDERAL COORDINATING COUNCIL FOR SCIENCE,

ENGINEERING, AND TECHNOLOGY

6651. Establishment, membership, and functions of Council.

(a) Designation.

(b) Composition.

(c) Chairman.

(d) Participation of unnamed Federal agencies in

meetings; invitations to attend meetings.

(e) Consideration of problems and developments

affecting more than one Federal agency;

recommendations.

(f) Other advisory duties.

(g) Assistance to Council by agency represented

thereon.

(h) Establishment of subcommittees and panels.

SUBCHAPTER V - GENERAL PROVISIONS

6671. Authorization of appropriations.

SUBCHAPTER VI - NATIONAL CRITICAL TECHNOLOGIES PANEL

6681 to 6685. Omitted.

6686. Science and Technology Policy Institute.

(a) Establishment.

(b) Incorporation.

(c) Duties.

(d) Consultation on Institute activities.

(e) Annual reports.

(f) Sponsorship.

6687. Critical technology strategies.

(a) Requirement for critical technology strategies.

(b) Report.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 30 sections 1602, 1604.

-End-

-CITE-

42 USC SUBCHAPTER I - NATIONAL SCIENCE, ENGINEERING, AND

TECHNOLOGY POLICY AND PRIORITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER I - NATIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY

AND PRIORITIES

-HEAD-

SUBCHAPTER I - NATIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY

AND PRIORITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 6632 of this title.

-End-

-CITE-

42 USC Sec. 6601 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER I - NATIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY

AND PRIORITIES

-HEAD-

Sec. 6601. Congressional findings; priority goals

-STATUTE-

(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 -

(1) 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;

(2) 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;

(3) 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;

(4) 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;

(5) the manpower pool of scientists, engineers, and

technicians, constitutes an invaluable national resource which

should be utilized to the fullest extent possible; and

(6) 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:

(1) 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;

(2) increasing the efficient use of essential materials and

products, and generally contributing to economic opportunity,

stability, and appropriate growth;

(3) assuring an adequate supply of food, materials, and energy

for the Nation's needs;

(4) contributing to the national security;

(5) improving the quality of health care available to all

residents of the United States;

(6) preserving, fostering, and restoring a healthful and

esthetic natural environment;

(7) providing for the protection of the oceans and coastal

zones, and the polar regions, and the efficient utilization of

their resources;

(8) strengthening the economy and promoting full employment

through useful scientific and technological innovations;

(9) increasing the quality of educational opportunities

available to all residents of the United States;

(10) promoting the conservation and efficient utilization of

the Nation's natural and human resources;

(11) improving the Nation's housing, transportation, and

communication systems, and assuring the provision of effective

public services throughout urban, suburban, and rural areas;

(12) eliminating air and water pollution, and unnecessary,

unhealthful, or ineffective drugs and food additives; and

(13) advancing the exploration and peaceful uses of outer

space.

-SOURCE-

(Pub. L. 94-282, title I, Sec. 101, May 11, 1976, 90 Stat. 459.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 94-282 provided that: "This Act [enacting

this chapter, amending section 1863 of this title, repealing

sections 1, 2, 3, and 4 of Reorganization Plan Numbered 2 of 1962

(76 Stat. 1253), set out as a note under section 1861 of this

title, and section 2 of Reorganization Plan Numbered 1 of 1973 (87

Stat. 1089), set out as a note under section 5195 of this title,

and enacting provisions set out as notes under this section and

sections 1862 and 6611 of this title] may be cited as the 'National

Science and Technology Policy, Organization, and Priorities Act of

1976'."

Section 201 of title II of Pub. L. 94-282 provided that: "This

title [enacting subchapter II of this chapter] may be cited as the

'Presidential Science and Technology Advisory Organization Act of

1976'."

-EXEC-

EX. ORD. NO. 12039. TRANSFER OF CERTAIN SCIENCE AND TECHNOLOGY

POLICY FUNCTIONS

Ex. Ord. No. 12039, Feb. 24, 1978, 43 F.R. 8095, as amended by

Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, provided:

By virtue of the authority vested in me by the Constitution and

laws of the United States of America, including Section 7 of

Reorganization Plan No. 1 of 1977 (42 FR 56101 (October 21, 1977))

[set out in Appendix of Title 5, Government Organization and

Employees], Section 301 of Title 3 of the United States Code, and

Section 202 of the Budget and Accounting Procedures Act of 1950 (31

U.S.C. 581c) [31 U.S.C. 1531], and as President of the United

States of America, in order to provide for the transfer of certain

science and technology functions, it is hereby ordered as follows:

Section 1. (a) The transfer, provided by Section 5A of

Reorganization Plan No. 1 of 1977 (42 FR 56101) [set out in

Appendix of Title 5, Government Organization and Employees], of

certain functions under the National Science and Technology Policy,

Organization, and Priorities Act of 1976, hereinafter referred to

as the Act (90 Stat. 459, 42 U.S.C. 6601 et seq.), from the Office

of Science and Technology Policy and its Director to the Director

of the National Science Foundation is hereby effective.

(b) The abolition of the Intergovernmental Science, Engineering,

and Technology Advisory Panel, the President's Committee on Science

and Technology, and the Federal Coordinating Council for Science,

Engineering and Technology (established in accordance with Titles

II, III, and IV of the Act) [sections 6611 et seq., 6631 et seq.,

and 6651 of this title] and the transfer of their functions

(Sections 205(b)(1), 303(a) and (b)(1), and 401 of the Act, 42

U.S.C. 6614(b)(1), 6633 (a) and (b)(1), and 6651(e)) to the

President of the United States of America, provided by Section 5A

of Reorganization Plan No. 1 of 1977 [set out in Appendix of Title

5, Government Organization and Employees], are hereby effective.

Sec. 2. (a) The intergovernmental science, engineering, and

technology functions under Section 205(b)(1) of the Act (42 U.S.C.

6614(b)(1)), which were transferred to the President (see Section

1(b) of this Order), are delegated to the Director of the Office of

Science and Technology Policy; Except that, the responsibility for

fostering any policies to facilitate the transfer and utilization

of research and development results is delegated to the Director of

the Office of Management and Budget.

(b) The functions vested by subsection (a) of this Section in the

Director of the Office of Management and Budget shall be performed

in accord with the Director's responsibilities under the

Intergovernmental Cooperation Act of 1968 (82 Stat. 1098, 42 U.S.C.

4201 et seq.) [31 U.S.C. 6501 et seq.]. The Director of the Office

of Science and Technology Policy shall advise the Director of the

Office of Management and Budget with respect to the needs of State,

regional, and local governments which may be assisted by the

utilization of science, engineering, and technology research and

development results.

(c) The functions vested by subsection (a) of this Section in the

Director of the Office of Science and Technology Policy shall be

performed in coordination with the Director of the Office of

Management and Budget and with others as designated by the

President.

(d) [Revoked by Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379.]

Sec. 3. The Federal science, engineering, and technology

functions under Section 303 (a) and (b)(1) of the Act (42 U.S.C.

6633 (a) and (b)(1)), which were transferred to the President (see

Section 1(b) of this Order), are delegated to the Director of the

Office of Science and Technology Policy: Except that, those

functions concerned with reorganization, including Federal-State

liaison, are delegated to the Director of the Office of Management

and Budget, who shall be provided advice and assistance thereon by

the Director of the Office of Science and Technology Policy.

Sec. 4. The science, engineering, and technology and related

activities functions under Section 401(e) of the Act (42 U.S.C.

6651(e)), which were transferred to the President (see Section 1(b)

of this Order), are delegated to the Director of the Office of

Science and Technology Policy.

Sec. 5. There is hereby established the Federal Coordinating

Council for Science, Engineering, and Technology. The Council shall

be composed of the Director of the Office of Science and Technology

Policy, who shall be Chairman, and representatives of such other

Executive agencies designated by the Chairman. The head of an

agency so designated shall designate an appropriate individual to

serve on the Council. The Council shall advise and assist the

Director of the Office of Science and Technology Policy in the

performance of those functions delegated under Section 4 of this

Order.

Sec. 6. The records, property, personnel, and unexpended balances

of appropriations, available or to be made available, which relate

to the functions transferred, reassigned, or redelegated by this

Order are hereby transferred to the Director of the Office of

Management and Budget, the Director of the Office of Science and

Technology Policy, or the Director of the National Science

Foundation, as appropriate.

Sec. 7. The Director of the Office of Management and Budget shall

make such determinations, issue such orders, and take all actions

necessary or appropriate to effectuate the transfers or

reassignments provided by this Order, including the transfer of

funds, records, property, and personnel.

Sec. 8. This Order shall be effective on February 26, 1978.

Jimmy Carter.

EXECUTIVE ORDER NO. 12700

Ex. Ord. No. 12700, Jan. 19, 1990, 55 F.R. 2219, as amended by

Ex. Ord. No. 12768, June 28, 1991, 56 F.R. 30302, which established

the President's Council of Advisors on Science and Technology and

provided for its functions, administration, and termination on June

30, 1993, was revoked by section 4(c) of Ex. Ord. No. 12882, Sec.

4(c), Nov. 23, 1993, 58 F.R. 62493. Ex. Ord. No. 12869, Sept. 30,

1993, Sec. 2, 58 F.R. 51751, formerly set out as a note under

section 14 of the Federal Advisory Committee Act in the Appendix to

Title 5, Government Organization and Employees, which reestablished

the President's Council of Advisors on Science and Technology in

accordance with the provisions of Ex. Ord. No. 12700 and extended

its term until Sept. 30, 1995, was also revoked by Ex. Ord. 12882,

Sec. 4(c).

EX. ORD. NO. 12881. ESTABLISHMENT OF NATIONAL SCIENCE AND

TECHNOLOGY COUNCIL

Ex. Ord. No. 12881, Nov. 23, 1993, 58 F.R. 62491; Ex. Ord. No.

13284, Sec. 9, Jan. 23, 2003, 68 F.R. 4076, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 301

of title 3, United States Code, it is hereby ordered as follows:

Section 1. Establishment. There is established the National

Science and Technology Council ("the Council").

Sec. 2. Membership. The Council shall comprise the:

(a) President, who shall serve as Chairman of the Council;

(b) Vice President;

(c) Secretary of Commerce;

(d) Secretary of Defense;

(e) Secretary of Energy;

(f) Secretary of Health and Human Services;

(g) Secretary of State;

(h) Secretary of the Interior;

(i) Secretary of Homeland Security;

(j) Administrator, National Aeronautics and Space

Administration;

(k) Director, National Science Foundation;

(l) Director of the Office of Management and Budget;

(m) Administrator, Environmental Protection Agency;

(n) Assistant to the President for Science and Technology;

(o) National Security Adviser;

(p) Assistant to the President for Economic Policy;

(q) Assistant to the President for Domestic Policy; and

(r) Such other officials of executive departments and agencies

as the President may, from time to time, designate.

Sec. 3. Meetings of the Council. The President or, upon his

direction, the Assistant to the President for Science and

Technology ("the Assistant"), may convene meetings of the Council.

The President shall preside over the meetings of the Council,

provided that in his absence the Vice President, and in his absence

the Assistant, will preside.

Sec. 4. Functions. (a) The principal functions of the Council

are, to the extent permitted by law: (1) to coordinate the science

and technology policy-making process; (2) to ensure science and

technology policy decisions and programs are consistent with the

President's stated goals; (3) to help integrate the President's

science and technology policy agenda across the Federal Government;

(4) to ensure science and technology are considered in development

and implementation of Federal policies and programs; and (5) to

further international cooperation in science and technology. The

Assistant may take such actions, including drafting a Charter, as

may be necessary or appropriate to implement such functions.

(b) All executive departments and agencies, whether or not

represented on the Council, shall coordinate science and technology

policy through the Council and shall share information on research

and development budget requests with the Council.

(c) The Council shall develop for submission to the Director of

the Office of Management and Budget recommendations on research and

development budgets that reflect national goals. In addition, the

Council shall provide advice to the Director of the Office of

Management and Budget concerning the agencies' research and

development budget submissions.

(d) The Assistant will, when appropriate, work in conjunction

with the Assistant to the President for Economic Policy, the

Assistant to the President for Domestic Policy, the Director of the

Office of Management and Budget, and the National Security Adviser.

Sec. 5. Administration. (a) The Council will oversee the duties

of the Federal Coordinating Council for Science, Engineering, and

Technology, the National Space Council, and the National Critical

Materials Council.

(b) The Council may function through established or ad hoc

committees, task forces, or interagency groups.

(c) To the extent practicable and permitted by law, executive

departments and agencies shall make resources, including, but not

limited to, personnel, office support, and printing, available to

the Council as requested by the Assistant.

(d) All executive departments and agencies shall cooperate with

the Council and provide such assistance, information, and advice to

the Council as the Council may request, to the extent permitted by

law.

EXECUTIVE ORDER NO. 12882

Ex. Ord. No. 12882, Nov. 23, 1993, 58 F.R. 62493, as amended by

Ex. Ord. No. 12907, Apr. 14, 1994, 59 F.R. 18291, which established

the President's Committee of Advisors on Science and Technology,

was revoked by Ex. Ord. No. 13226, Sec. 4(c), Sept. 30, 2001, 66

F.R. 50524, set out below.

EX. ORD. NO. 12975. PROTECTION OF HUMAN RESEARCH SUBJECTS AND

CREATION OF NATIONAL BIOETHICS ADVISORY COMMISSION

Ex. Ord. No. 12975, Oct. 3, 1995, 60 F.R. 52063, as amended by

Ex. Ord. No. 13018, Sept. 16, 1996, 61 F.R. 49045; Ex. Ord. No.

13046, May 16, 1997, 62 F.R. 27685; Ex. Ord. No. 13137, Sept. 15,

1999, 64 F.R. 50733, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, it is hereby ordered

as follows:

Section 1. Review of Policies and Procedures. (a) Each executive

branch department and agency that conducts, supports, or regulates

research involving human subjects shall promptly review the

protections of the rights and welfare of human research subjects

that are afforded by the department's or agency's existing policies

and procedures. In conducting this review, departments and agencies

shall take account of the recommendations contained in the report

of the Advisory Committee on Human Radiation Experiments.

(b) Within 120 days of the date of this order, each department

and agency that conducts, supports, or regulates research involving

human subjects shall report the results of the review required by

paragraph (a) of this section to the National Bioethics Advisory

Commission, created pursuant to this order. The report shall

include an identification of measures that the department or agency

plans or proposes to implement to enhance human subject

protections. As set forth in section 6 of this order, the National

Bioethics Advisory Commission shall pursue, as its first priority,

protection of the rights and welfare of human research subjects.

(c) For purposes of this order, the terms "research" and "human

subject" shall have the meaning set forth in the 1991 Federal

Policy for the Protection of Human Subjects.

Sec. 2. Research Ethics. Each executive branch department and

agency that conducts, supports, or regulates research involving

human subjects shall, to the extent practicable and appropriate,

develop professional and public educational programs to enhance

activities related to human subjects protection, provide forums for

addressing ongoing and emerging issues in human subjects research,

and familiarize professionals engaged in nonfederally-funded

research with the ethical considerations associated with conducting

research involving human subjects. Where appropriate, such

professional and educational programs should be organized and

conducted with the participation of medical schools, universities,

scientific societies, voluntary health organizations, or other

interested parties.

Sec. 3. Establishment of National Bioethics Advisory Commission.

There is established in the Department of Health and Human Services

a National Bioethics Advisory Commission (NBAC). The NBAC shall be

subject to the Federal Advisory Committee Act, as amended (5 U.S.C.

App.).

Sec. 4. Structure. (a) The National Bioethics Advisory Commission

shall be composed of not more than 18 nongovernment members

appointed by the President. At least one member shall be selected

from each of the following categories of primary expertise: (1)

philosophy/theology; (2) social/behavioral science; (3) law; (4)

medicine/allied health professions; and (5) biological research. At

least three members shall be selected from the general public,

bringing to the Commission expertise other than that listed. The

membership shall be approximately evenly balanced between

scientists and non-scientists. Close attention will be given to

equitable geographic distribution and to ethnic and gender

representation.

(b) Members of the Commission will serve for terms of 2 years and

may continue to serve after the expiration of their term until a

successor is appointed. A member appointed to fill an unexpired

term will be appointed to the remainder of such term.

(c) The President shall designate a Chairperson from among the

members of the NBAC.

Sec. 5. Functions. (a) NBAC shall provide advice and make

recommendations to the National Science and Technology Council and

to other appropriate government entities regarding the following

matters:

(1) the appropriateness of departmental, agency, or other

governmental programs, policies, assignments, missions, guidelines,

and regulations as they relate to bioethical issues arising from

research on human biology and behavior; and

(2) applications, including the clinical applications, of that

research.

(b) NBAC shall identify broad principles to govern the ethical

conduct of research, citing specific projects only as illustrations

for such principles.

(c) NBAC shall not be responsible for the review and approval of

specific projects.

(d) In addition to responding to requests for advice and

recommendations from the National Science and Technology Council,

NBAC also may accept suggestions of issues for consideration from

both the Congress and the public. NBAC also may identify other

bioethical issues for the purpose of providing advice and

recommendations, subject to the approval of the National Science

and Technology Council.

Sec. 6. Priorities. (a) As a first priority, NBAC shall direct

its attention to consideration of: protection of the rights and

welfare of human research subjects; and issues in the management

and use of genetic information, including but not limited to, human

gene patenting.

(b) NBAC shall consider four criteria in establishing the other

priorities for its activities:

(1) the public health or public policy urgency of the bioethical

issue;

(2) the relation of the bioethical issue to the goals for Federal

investment in science and technology;

(3) the absence of another entity able to deliberate

appropriately on the bioethical issue; and

(4) the extent of interest in the issue within the Federal

Government.

Sec. 7. Administration. (a) The heads of executive departments

and agencies shall, to the extent permitted by law, provide NBAC

with such information as it may require for purposes of carrying

out its functions.

(b) NBAC may conduct inquiries, hold hearings, and establish

subcommittees, as necessary. The Assistant to the President for

Science and Technology and the Secretary of Health and Human

Services shall be notified upon establishment of each subcommittee,

and shall be provided information on the name, membership

(including chair), function, estimated duration, and estimated

frequency of meetings of the subcommittee.

(c) NBAC is authorized to conduct analyses and develop reports or

other materials. In order to augment the expertise present on NBAC,

the Secretary of Health and Human Services may contract for the

services of nongovernmental consultants who may conduct analyses,

prepare reports and background papers, or prepare other materials

for consideration by NBAC, as appropriate.

(d) Members of NBAC shall be compensated in accordance with

Federal law. Members of NBAC may be allowed travel expenses,

including per diem in lieu of subsistence, to the extent permitted

by law for persons serving intermittently in the government service

(5 U.S.C. 5701-5707).

(e) To the extent permitted by law, and subject to the

availability of appropriations, the Department of Health and Human

Services shall provide NBAC with such funds as may be necessary for

the performance of its functions. The Secretary of Health and Human

Services shall provide management and support services to NBAC.

Sec. 8. General Provisions. (a) Notwithstanding the provisions of

any other Executive order, the functions of the President under the

Federal Advisory Committee Act that are applicable to NBAC, except

that of reporting annually to the Congress, shall be performed by

the Secretary of Health and Human Services, in accordance with the

guidelines and procedures established by the Administrator of

General Services.

(b) NBAC shall terminate on October 3, 2001, unless extended by

the President prior to that date.

(c) This order is intended only to improve the internal

management of the executive branch and it is not intended to create

any right, benefit, trust, or responsibility, substantive or

procedural, enforceable at law or equity by a party against the

United States, its agencies, its officers, or any person.

William J. Clinton.

EX. ORD. NO. 13226. PRESIDENT'S COUNCIL OF ADVISORS ON SCIENCE AND

TECHNOLOGY

Ex. Ord. No. 13226, Sept. 30, 2001, 66 F.R. 50523, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Federal

Advisory Committee Act, as amended (5 U.S.C. App.), and in order to

establish an advisory committee on science and technology, it is

hereby ordered as follows:

Section 1. Establishment. There is established the President's

Council of Advisors on Science and Technology (PCAST). The PCAST

shall be composed of not more than 25 members, one of whom shall be

a Federal Government official designated by the President (the

"Official"), and 24 of whom shall be nonfederal members appointed

by the President and have diverse perspectives and expertise in

science, technology, and the impact of science and technology on

the Nation. The Official shall co-chair PCAST with a nonfederal

member designated by the President.

Sec. 2. Functions. (a) The PCAST shall advise the President,

through the Official, on matters involving science and technology

policy.

(b) In performance of its advisory duties, the PCAST shall assist

the National Science and Technology Council (NSTC) in securing

private sector involvement in its activities.

Sec. 3. Administration. (a) The heads of the executive

departments and agencies shall, to the extent permitted by law,

provide the PCAST with information concerning scientific and

technological matters when requested by the PCAST co-chairs.

(b) In consultation with the Official, the PCAST is authorized to

convene ad hoc working groups to provide preliminary nonbinding

information and advice directly to the PCAST.

(c) Members shall serve without compensation for their work on

the PCAST. However, members may be allowed travel expenses,

including per diem in lieu of subsistence, as authorized by law for

persons serving intermittently in the government service (5 U.S.C.

5701-5707).

(d) Any expenses of the PCAST shall be paid from the funds

available for the expenses of the Office of Science and Technology

Policy.

(e) The Office of Science and Technology Policy shall provide

such administrative services as the PCAST may require, with the

approval of the Official.

Sec. 4. General. (a) Notwithstanding any other Executive Order,

the functions of the President with respect to the PCAST under the

Federal Advisory Committee Act, as amended, except that of

reporting to the Congress, shall be performed by the Office of

Science and Technology Policy in accordance with the guidelines and

procedures established by the Administrator of General Services.

(b) The PCAST shall terminate 2 years from the date of this order

unless extended by the President prior to that date.

(c) Executive Order 12882 of November 23, 1993; Executive Order

12907 of April 14, 1994; and section 1(h) of Executive Order 13138

of September 30, 1999 [formerly set out as a note under section 14

of the Federal Advisory Committee Act in the Appendix to Title 5,

Government Organization and Employees], are hereby revoked.

George W. Bush.

EX. ORD. NO. 13237. CREATION OF THE PRESIDENT'S COUNCIL ON

BIOETHICS

Ex. Ord. No. 13237, Nov. 28, 2001, 66 F.R. 59851, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, it is hereby ordered

as follows:

Section 1. Establishment. There is established the President's

Council on Bioethics (the "Council").

Sec. 2. Mission.

(a) The Council shall advise the President on bioethical issues

that may emerge as a consequence of advances in biomedical science

and technology. In connection with its advisory role, the mission

of the Council includes the following functions:

(1) to undertake fundamental inquiry into the human and moral

significance of developments in biomedical and behavioral science

and technology;

(2) to explore specific ethical and policy questions related to

these developments;

(3) to provide a forum for a national discussion of bioethical

issues;

(4) to facilitate a greater understanding of bioethical issues;

and

(5) to explore possibilities for useful international

collaboration on bioethical issues.

(b) In support of its mission, the Council may study ethical

issues connected with specific technological activities, such as

embryo and stem cell research, assisted reproduction, cloning, uses

of knowledge and techniques derived from human genetics or the

neurosciences, and end of life issues. The Council may also study

broader ethical and social issues not tied to a specific

technology, such as questions regarding the protection of human

subjects in research, the appropriate uses of biomedical

technologies, the moral implications of biomedical technologies,

and the consequences of limiting scientific research.

(c) The Council shall strive to develop a deep and comprehensive

understanding of the issues that it considers. In pursuit of this

goal, the Council shall be guided by the need to articulate fully

the complex and often competing moral positions on any given issue,

rather than by an overriding concern to find consensus. The Council

may therefore choose to proceed by offering a variety of views on a

particular issue, rather than attempt to reach a single consensus

position.

(d) The Council shall not be responsible for the review and

approval of specific projects or for devising and overseeing

regulations for specific government agencies.

(e) In support of its mission, the Council may accept suggestions

of issues for consideration from the heads of other Government

agencies and other sources, as it deems appropriate.

(f) In establishing priorities for its activities, the Council

shall consider the urgency and gravity of the particular issue; the

need for policy guidance and public education on the particular

issue; the connection of the bioethical issue to the goal of

Federal advancement of science and technology; and the existence of

another entity available to deliberate appropriately on the

bioethical issue.

Sec. 3. Membership.

(a) The Council shall be composed of not more than 18 members

appointed by the President from among individuals who are not

officers or employees of the Federal Government. The Council shall

include members drawn from the fields of science and medicine, law

and government, philosophy and theology, and other areas of the

humanities and social sciences.

(b) The President shall designate a member of the Council to

serve as Chairperson.

(c) The term of office of a member shall be 2 years, and members

shall be eligible for reappointment. Members may continue to serve

after the expiration of their terms until the President appoints a

successor. A member appointed to fill a vacancy shall serve only

for the unexpired term of such vacancy.

Sec. 4. Administration.

(a) Upon the request of the Chairperson, the heads of executive

departments and agencies shall, to the extent permitted by law,

provide the Council with information it needs for purposes of

carrying out its functions.

(b) The Council may conduct inquiries, hold hearings, and

establish subcommittees, as necessary.

(c) The Council is authorized to conduct analyses and develop

reports or other materials.

(d) Members of the Council may be compensated to the extent

permitted by Federal law for their work on the Council. Members may

be allowed travel expenses, including per diem in lieu of

subsistence, as authorized by law for persons serving

intermittently in Government service (5 U.S.C. 5701-5707), to the

extent funds are available.

(e) To the extent permitted by law, and subject to the

availability of appropriations, the Department of Health and Human

Services shall provide the Council with administrative support and

with such funds as may be necessary for the performance of the

Council's functions.

(f) The Council shall have a staff headed by an Executive

Director, who shall be appointed by the Secretary of Health and

Human Services in consultation with the Chairperson. To the extent

permitted by law, office space, analytical support, and additional

staff support for the Council shall be provided by the Department

of Health and Human Services or other executive branch departments

and agencies as directed by the President.

Sec. 5. General Provisions.

(a) Insofar as the Federal Advisory Committee Act, as amended (5

U.S.C. App.), may apply to the Council, any functions of the

President under that Act, except that of reporting to the Congress,

shall be performed by the Secretary of Health and Human Services in

accordance with the guidelines that have been issued by the

Administrator of General Services.

(b) The Council shall terminate 2 years from the date of this

order unless extended by the President prior to that date.

(c) This order is intended only to improve the internal

management of the executive branch and it is not intended to create

any right, benefit, trust, or responsibility, substantive or

procedural, enforceable at law or equity by a party against the

United States, its agencies, its officers, or any person.

George W. Bush.

STRENGTHENED PROTECTIONS FOR HUMAN SUBJECTS OF CLASSIFIED RESEARCH

Memorandum of President of the United States, Mar. 27, 1997, 62

F.R. 26369, provided:

Memorandum for the Secretary of Defense, the Attorney General,

the Secretary of Agriculture, the Secretary of Commerce, the

Secretary of Labor, the Secretary of Health and Human Services, the

Secretary of Housing and Urban Development, the Secretary of

Transportation, the Secretary of Energy, the Secretary of

Education, the Secretary of Veterans Affairs, the Director of

Central Intelligence, the Administrator of the Environmental

Protection Agency, the Administrator of the Agency for

International Development, the Administrator of the National

Aeronautics and Space Administration, the Director of the National

Science Foundation, the Chair of the Nuclear Regulatory Commission,

the Director of the Office of Science and Technology Policy, [and]

the Chair of the Consumer Product Safety Commission

I have worked hard to restore trust and ensure openness in

government. This memorandum will further our progress toward these

goals by strengthening the Federal Government's protections for

human subjects of classified research.

In January 1994, I established the Advisory Committee on Human

Radiation Experiments (the "Advisory Committee") to examine reports

that the government had funded and conducted unethical human

radiation experiments during the Cold War [see Ex. Ord. No. 12891,

set out as a note under section 2210 of this title]. I directed the

Advisory Committee to uncover the truth, recommend steps to right

past wrongs, and propose ways to prevent unethical human subjects

research from occurring in the future. In its October 1995 final

report, the Advisory Committee recommended, among other things,

that the government modify its policy governing classified research

on human subjects ("Recommendations for Balancing National Security

Interests and the Rights of the Public," Recommendation 15, Final

Report, Advisory Committee on Human Radiation Experiments). This

memorandum sets forth policy changes in response to those

recommendations.

The Advisory Committee acknowledged that it is in the Nation's

interest to continue to allow the government to conduct classified

research involving human subjects where such research serves

important national security interests. The Advisory Committee

found, however, that classified human subjects research should be a

"rare event" and that the "subjects of such research, as well as

the interests of the public in openness in science and in

government, deserve special protections." The Advisory Committee

was concerned about "exceptions to informed consent requirements

and the absence of any special review and approval process for

human research that is to be classified." The Advisory Committee

recommended that in all classified research projects the agency

conducting or sponsoring the research meet the following

requirements:

- obtain informed consent from all human subjects;

- inform subjects of the identity of the sponsoring agency;

- inform subjects that the project involves classified research;

- obtain approval by an "independent panel of nongovernmental

experts and citizen representatives, all with the necessary

security clearances" that reviews scientific merit, risk-benefit

tradeoffs, and ensures subjects have enough information to make

informed decisions to give valid consent; and

- maintain permanent records of the panel's deliberations and

consent procedures.

This memorandum implements these recommendations with some

modifications. For classified research, it prohibits waiver of

informed consent and requires researchers to disclose that the

project is classified. For all but minimal risk studies, it

requires researchers to inform subjects of the sponsoring agency.

It also requires permanent recordkeeping.

The memorandum also responds to the Advisory Committee's call for

a special review process for classified human subjects research. It

requires that institutional review boards for secret projects

include a nongovernmental member, and establishes an appeals

process so that any member of a review board who believes a project

should not go forward can appeal the boards' decision to approve

it.

Finally, this memorandum sets forth additional steps to ensure

that classified human research is rare. It requires the heads of

Federal agencies to disclose annually the number of secret human

research projects undertaken by their agency. It also prohibits any

agency from conducting secret human research without first

promulgating a final rule applying the Federal Policy for the

Protection of Human Subjects, as modified in this memorandum, to

the agency.

These steps, set forth in detail below, will preserve the

government's ability to conduct any necessary classified research

involving human subjects while ensuring adequate protection of

research participants.

1. Modifications to the Federal Policy for the Protection of

Human Subjects as it Affects Classified Research. All agencies that

may conduct or support classified research that is subject to the

1991 Federal Policy for the Protection of Human Subjects ("Common

Rule") (56 Fed. Reg. 28010-28018) shall promptly jointly publish in

the Federal Register the following proposed revisions to the Common

Rule as it affects classified research. The Office for Protection

from Research Risks in the Department of Health and Human Services

shall be the lead agency and, in consultation with the Office of

Management and Budget, shall coordinate the joint rulemaking.

(a) The agencies shall jointly propose to prohibit waiver of

informed consent for classified research.

(b) The agencies shall jointly propose to prohibit the use of

expedited review procedures under the Common Rule for classified

research.

(c) The joint proposal should request comment on whether all

research exemptions under the Common Rule should be maintained for

classified research.

(d) The agencies shall jointly propose to require that in

classified research involving human subjects, two additional

elements of information be provided to potential subjects when

consent is sought from subjects:

(i) the identity of the sponsoring Federal agency. Exceptions are

allowed if the head of the sponsoring agency determines that

providing this information could compromise intelligence sources or

methods and that the research involves no more than minimal risk to

subjects. The determination about sources and methods is to be made

in consultation with the Director of Central Intelligence and the

Assistant to the President for National Security Affairs. The

determination about risk is to be made in consultation with the

Director of the White House Office of Science and Technology

Policy.

(ii) a statement that the project is "classified" and an

explanation of what classified means.

(e) The agencies shall jointly propose to modify the

institutional review board ("IRB") approval process for classified

human subjects research as follows:

(i) The Common Rule currently requires that each IRB "include at

least one member who is not otherwise affiliated with the

institution and who is not part of the immediate family of a person

who is affiliated with the institution." For classified research,

the agencies shall define "not otherwise affiliated with the

institution," as a nongovernmental member with the appropriate

security clearance.

(ii) Under the Common Rule, research projects are approved by the

IRB if a "majority of those (IRB) members present at a meeting"

approved the project. For classified research, the agencies shall

propose to permit any member of the IRB who does not believe a

specific project should be approved by the IRB to appeal a majority

decision to approve the project to the head of the sponsoring

agency. If the agency head affirms the IRB's decision to approve

the project, the dissenting IRB member may appeal the IRB's

decisions to the Director of OSTP. The Director of OSTP shall

review the IRB's decision and approve or disapprove the project,

or, at the Director's discretion, convene an IRB made up of

nongovernmental officials, each with the appropriate security

clearances, to approve or disapprove the project.

(iii) IRBs for classified research shall determine whether

potential subjects need access to classified information to make a

valid informed consent decision.

2. Final Rules. Agencies shall, within 1 year, after considering

any comments, promulgate final rules on the protection of human

subjects of classified research.

3. Agency Head Approval of Classified Research Projects. Agencies

may not conduct any classified human research project subject to

the Common Rule unless the agency head has personally approved the

specific project.

4. Annual Public Disclosure of the Number of Classified Research

Projects. Each agency head shall inform the Director of OSTP by

September 30 of each year of the number of classified research

projects involving human subjects underway on that date, the number

completed in the previous 12-month period, and the number of human

subjects in each project. The Director of OSTP shall report the

total number of classified research projects and participating

subjects to the President and shall then report to the

congressional armed services and intelligence committees and

further shall publish the numbers in the Federal Register.

5. Definitions. For purposes of this memorandum, the terms

"research" and "human subject" shall have the meaning set forth in

the Common Rule. "Classified human research" means research

involving "classified information" as defined in Executive Order

12958 [50 U.S.C. 435 note].

6. No Classified Human Research Without Common Rule. Beginning

one year after the date of this memorandum, no agency shall conduct

or support classified human research without having proposed and

promulgated the Common Rule, including the changes set forth in

this memorandum and any subsequent amendments.

7. Judicial Review. This memorandum is not intended to create any

right or benefit, substantive or procedural, enforceable at law by

a party against the United States, its agencies, its officers, or

any other persons.

8. The Secretary of Health and Human Services shall publish this

memorandum in the Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6614 of this title.

-End-

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42 USC Sec. 6602 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER I - NATIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY

AND PRIORITIES

-HEAD-

Sec. 6602. Congressional declaration of policy

-STATUTE-

(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:

(1) 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.

(2) 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.

(3) The conduct of science and technology operations so as to

serve domestic needs while promoting foreign policy objectives.

(4) 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.

(5) 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.

(6) 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:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) Closer relationships should be encouraged among

practitioners of different scientific and technological

disciplines, including the physical, social, and biomedical

fields.

(6) 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.

(7) The full use of the contributions of science and technology

to support State and local government goals should be encouraged.

(8) Formal recognition should be accorded those persons whose

scientific and technological achievements have contributed

significantly to the national welfare.

(9) 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.

(10) 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.

-SOURCE-

(Pub. L. 94-282, title I, Sec. 102, May 11, 1976, 90 Stat. 460.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6614 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY

POLICY 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY POLICY

-HEAD-

SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY POLICY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6632, 6671 of this

title.

-End-

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42 USC Sec. 6611 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY POLICY

-HEAD-

Sec. 6611. Establishment of Office

-STATUTE-

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").

-SOURCE-

(Pub. L. 94-282, title II, Sec. 202, May 11, 1976, 90 Stat. 463.)

-MISC1-

SHORT TITLE

For short title of this subchapter as the "Presidential Science

and Technology Advisory Organization Act of 1976", see section 201

of Pub. L. 94-282, set out as a Short Title note under section 6601

of this title.

HIGH-RESOLUTION INFORMATION SYSTEM ADVISORY BOARD

Pub. L. 102-245, title V, Sec. 501, Feb. 14, 1992, 106 Stat. 22,

authorized the Director of the Office of Science and Technology

Policy to establish within that office a High-Resolution

Information Systems Advisory Board to monitor and, as appropriate,

foster the development and competitiveness of United States-based

high-resolution information systems industries, further provided

that "high-resolution information systems" means equipment and

techniques required to create, store, recover, and play back

high-resolution images and accompanying sound, further provided for

functions of the Board, including provision of guidance and advice

relating to establishment of such industries as well as transfer of

Federal technologies to the private sector, further provided for

membership and procedures of the Board, including submission of

annual report of its activities to the President and Congress, and

further provided for limitation on functions of Board and

appropriations through fiscal year 1993.

-End-

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42 USC Sec. 6612 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY POLICY

-HEAD-

Sec. 6612. Director; Associate Directors

-STATUTE-

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. 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.

-SOURCE-

(Pub. L. 94-282, title II, Sec. 203, May 11, 1976, 90 Stat. 463.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6632 of this title.

-End-

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42 USC Sec. 6613 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY POLICY

-HEAD-

Sec. 6613. Functions of the Director

-STATUTE-

(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 -

(1) 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;

(2) evaluate the scale, quality, and effectiveness of the

Federal effort in science and technology and advise on

appropriate actions;

(3) 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

(4) assist the President in providing general leadership and

coordination of the research and development programs of the

Federal Government.

-SOURCE-

(Pub. L. 94-282, title II, Sec. 204, May 11, 1976, 90 Stat. 463;

Pub. L. 107-296, title XVII, Sec. 1712(1), Nov. 25, 2002, 116 Stat.

2320.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-296 inserted "homeland

security," after "national security,".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-End-

-CITE-

42 USC Sec. 6614 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY POLICY

-HEAD-

Sec. 6614. Policy planning; analysis; advice; establishment of

advisory panel

-STATUTE-

(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

-

(1) 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;

(2) assist and advise the President in the preparation of the

Science and Technology Report, in accordance with section 6618

(!1) of this title;

(3) 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;

(4) 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;

(5) 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;

(6) 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;

(7) 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;

(8) 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;

(9) assess and advise on policies for international cooperation

in science and technology which will advance the national and

international objectives of the United States;

(10) identify and assess emerging and future areas in which

science and technology can be used effectively in addressing

national and international problems;

(11) 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;

(12) 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

(13) 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)(1) 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.

(2) 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; and (C) the

Director of the National Science Foundation, or his representative.

(3)(A) The Director of the Office, or his representative, shall

serve as Chairman of the Panel.

(B) The Panel shall perform such functions as the Chairman may

prescribe, and shall meet at the call of the Chairman.

(4) 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)

(!2) of title 5 for persons in government service employed

intermittently.

-SOURCE-

(Pub. L. 94-282, title II, Sec. 205, May 11, 1976, 90 Stat. 464;

Pub. L. 97-375, title II, Sec. 215(2), (4), Dec. 21, 1982, 96 Stat.

1826, 1827.)

-REFTEXT-

REFERENCES IN TEXT

Section 6618 of this title, referred to in subsec. (a)(2), was

repealed by Pub. L. 97-375, title II, Sec. 215(1), Dec. 21, 1982,

96 Stat. 1826. See section 6615 of this title.

Section 5703 of title 5, referred to in subsec. (b)(4), was

amended generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat.

85, and, as so amended, does not contain a subsec. (b).

-MISC1-

AMENDMENTS

1982 - Subsec. (a)(11). Pub. L. 97-375, Sec. 215(2), (4),

inserted "and the Congress" after "President", and substituted

"section 6615" for "section 6618".

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested in Office of Science and Technology Policy and

Director thereof pursuant to subsec. (a)(2) of this section and

sections 6615 and 6618 of this title transferred to Director of

National Science Foundation by section 5A of Reorg. Plan No. 1 of

1977, set out in the Appendix to Title 5, Government Organization

and Employees, effective Feb. 26, 1978, as provided by section 1(a)

of Ex. Ord. No. 12039, Feb. 24, 1978, 43 F.R. 8095, set out under

section 6601 of this title.

ABOLITION OF INTERGOVERNMENTAL SCIENCE, ENGINEERING, AND TECHNOLOGY

ADVISORY PANEL; TRANSFER OF FUNCTIONS

The Intergovernmental Science, Engineering, and Technology

Advisory Panel, established pursuant to this section, was abolished

and its functions transferred to the President by Reorg. Plan No. 1

of 1977, Sec. 5A, 42 F.R. 56101, 91 Stat. 1634, set out in the

Appendix to Title 5, effective Feb. 26, 1978, as provided by

section 1(b) of Ex. Ord. No. 12039, Feb. 24, 1978, 43 F.R. 8095,

set out under section 6601 of this title.

-MISC2-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

COMPREHENSIVE ACCOUNTABILITY STUDY FOR FEDERALLY-FUNDED RESEARCH

Pub. L. 105-276, title IV, Sec. 430, Oct. 21, 1998, 112 Stat.

2512, provided that:

"(a) Study. - The Director of the Office of Science and

Technology Policy, in consultation with the Director of the Office

of Management and Budget, may enter into an agreement with the

National Academy of Sciences for the Academy to conduct a

comprehensive study to develop methods for evaluating

federally-funded research and development programs. This study

shall -

"(1) recommend processes to determine an acceptable level of

success for federally-funded research and development programs by

-

"(A) describing the research process in the various

scientific and engineering disciplines;

"(B) describing in the different sciences what measures and

what criteria each community uses to evaluate the success or

failure of a program, and on what time scales these measures

are considered reliable - both for exploratory long-range work

and for short-range goals; and

"(C) recommending how these measures may be adapted for use

by the Federal Government to evaluate federally-funded research

and development programs;

"(2) assess the extent to which agencies incorporate

independent merit-based evaluation into the formulation of the

strategic plans of funding agencies and if the quantity or

quality of this type of input is unsatisfactory;

"(3) recommend mechanisms for identifying federally-funded

research and development programs which are unsuccessful or

unproductive;

"(4) evaluate the extent to which independent, merit-based

evaluation of federally-funded research and development programs

and projects achieves the goal of eliminating unsuccessful or

unproductive programs and projects; and

"(5) investigate and report on the validity of using

quantitative performance goals for aspects of programs which

relate to administrative management of the program and for which

such goals would be appropriate, including aspects related to -

"(A) administrative burden on contractors and recipients of

financial assistance awards;

"(B) administrative burdens on external participants in

independent, merit-based evaluations;

"(C) cost and schedule control for construction projects

funded by the program;

"(D) the ratio of overhead costs of the program relative to

the amounts expended through the program for equipment and

direct funding of research; and

"(E) the timeliness of program responses to requests for

funding, participation, or equipment use.

"(b) Independent Merit-Based Evaluation Defined. - The term

'independent merit-based evaluation' means review of the scientific

or technical quality of research or development, conducted by

experts who are chosen for their knowledge of scientific and

technical fields relevant to the evaluation and who -

"(1) in the case of the review of a program activity, do not

derive long-term support from the program activity; or

"(2) in the case of the review of a project proposal, are not

seeking funds in competition with the proposal."

COMPUTER NETWORK STUDY

Pub. L. 99-383, Sec. 10, Aug. 21, 1986, 100 Stat. 816, provided

that:

"(a) The Office of Science and Technology Policy (hereinafter

referred to as the 'Office') shall undertake a study of critical

problems and current and future options regarding communications

networks for research computers, including supercomputers, at

universities and Federal research facilities in the United States.

The study shall include an analysis of -

"(1) the networking needs of the Nation's academic and Federal

research computer programs, including supercomputer programs,

over the period which is fifteen years after the date of

enactment of this Act [Aug. 21, 1986], including requirements in

terms of volume of data, reliability of transmission, software

compatibility, graphics capability, and transmission security;

"(2) the benefits and opportunities that an improved computer

network would offer for electronic mail, file transfer, and

remote access and communications for universities and Federal

research facilities in the United States; and

"(3) the networking options available for linking academic and

other federally supported research computers, including

supercomputers, with a particular emphasis on the advantages and

disadvantages, if any, of fiber optic systems.

"(b) The Office shall submit to the Congress -

"(1) within one year after the date of enactment of this Act

[Aug. 21, 1986], a report on findings from the study undertaken

pursuant to subsection (a) with respect to needs and options

regarding communications networks for university and Federal

research supercomputers within the United States; and

"(2) within two years after the date of enactment of this Act

[Aug. 21, 1986], a report on findings from the study undertaken

pursuant to subsection (a) with respect to needs and options

regarding communications networks for all research computers at

universities and Federal research facilities in the United

States."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6617 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6615 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY POLICY

-HEAD-

Sec. 6615. Science and technology report and outlook

-STATUTE-

(a) Contents of report

Notwithstanding the provisions of Reorganization Plan Number 1 of

1977, the Director shall render to the President for submission to

the Congress no later than January 15 of each odd numbered year, a

science and technology report and outlook (hereinafter referred to

as the "report") which shall be prepared under the guidance of the

Office and with the cooperation of the Director of the National

Science Foundation, with appropriate assistance from other Federal

departments and agencies as the Office or the Director of the

National Science Foundation deems necessary. The report shall

include -

(1) a statement of the President's current policy for the

maintenance of the Nation's leadership in science and technology;

(2) a review of developments of national significance in

science and technology;

(3) a description of major Federal decisions and actions

related to science and technology that have occurred since the

previous such report;

(4) a discussion of currently important national issues in

which scientific or technical considerations are of major

significance;

(5) a forecast of emerging issues of national significance

resulting from, or identified through, scientific research or in

which scientific or technical considerations are of major

importance; and

(6) a discussion of opportunities for, and constraints on, the

use of new and existing scientific and technological information,

capabilities, and resources, including manpower resources, to

make significant contributions to the achievement of Federal

program objectives and national goals.

(b) Printing; availability to public

The Office shall insure that the report, in the form approved by

the President, is printed and made available as a public document.

-SOURCE-

(Pub. L. 94-282, title II, Sec. 206, May 11, 1976, 90 Stat. 466;

Pub. L. 97-375, title II, Sec. 215(3), Dec. 21, 1982, 96 Stat.

1826.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Number 1 of 1977, referred to in subsec. (a),

is Reorg. Plan No. 1 of 1977, 42 F.R. 56101, 91 Stat. 1633, which

is set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 6618 of this title, Pub. L. 94-282, title II, Sec. 209, May

11, 1976, 90 Stat. 468, prior to repeal by Pub. L. 97-375, title

II, Sec. 215(1), Dec. 21, 1982, 96 Stat. 1826.

AMENDMENTS

1982 - Pub. L. 97-375 substituted provisions requiring the

President to submit to Congress in odd numbered years a science and

technology report and outlook for provisions which required the

Office of Science and Technology Policy to create a five-year

science and technology outlook, dealing with current and emerging

problems and with opportunities for and constraints on new and

existing capabilities, to be revised annually, composed with the

consultation of officials of departments and agencies having

related programs and responsibilities, and with officials of the

Office of Management and Budget and other appropriate elements of

the Executive Office of the President.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a) of this section relating to submission of biennial report to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

the 16th item on page 42 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6615 of this title.

-End-

-CITE-

42 USC Sec. 6616 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY POLICY

-HEAD-

Sec. 6616. Additional functions of Director

-STATUTE-

(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 -

(1) serve as Chairman of the Federal Coordinating Council for

Science, Engineering, and Technology established under subchapter

IV of this chapter; and

(2) 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 -

(1) 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;

(2) 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

(3) 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 5 of title 41.

-SOURCE-

(Pub. L. 94-282, title II, Sec. 207, May 11, 1976, 90 Stat. 466.)

-TRANS-

ABOLITION OF THE FEDERAL COORDINATING COUNCIL FOR SCIENCE,

ENGINEERING, AND TECHNOLOGY; TRANSFER OF FUNCTIONS

See note set out under section 6651 of this title.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 6617 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY POLICY

-HEAD-

Sec. 6617. Coordination with other organizations

-STATUTE-

(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 -

(1) 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;

(2) 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;

(3) 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

(4) 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.

-SOURCE-

(Pub. L. 94-282, title II, Sec. 208, May 11, 1976, 90 Stat. 467;

Pub. L. 107-296, title XVII, Sec. 1712(2), Nov. 25, 2002, 116 Stat.

2320.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-296 inserted "the Office of

Homeland Security," after "the National Security Council,".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-End-

-CITE-

42 USC Sec. 6618 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER II - OFFICE OF SCIENCE AND TECHNOLOGY POLICY

-HEAD-

Sec. 6618. Major science and technology proposals

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-282, title II, Sec. 209, as added Pub. L. 102-245,

title V, Sec. 502, Feb. 14, 1992, 106 Stat. 24.)

-MISC1-

PRIOR PROVISIONS

A prior section 6618, Pub. L. 94-282, title II, Sec. 209, May 11,

1976, 90 Stat. 468, directed President to transmit annually to

Congress a report on science and technology to be prepared by

Office of Science and Technology Policy, and directed Director of

Office to make the report available as a public document, prior to

repeal by Pub. L. 97-375, title II, Sec. 215(1), Dec. 21, 1982, 96

Stat. 1826. See section 6615 of this title.

-End-

-CITE-

42 USC SUBCHAPTER III - PRESIDENT'S COMMITTEE ON SCIENCE

AND TECHNOLOGY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER III - PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY

-HEAD-

SUBCHAPTER III - PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 6671 of this title.

-End-

-CITE-

42 USC Sec. 6631 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER III - PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY

-HEAD-

Sec. 6631. Establishment of Committee

-STATUTE-

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").

-SOURCE-

(Pub. L. 94-282, title III, Sec. 301, May 11, 1976, 90 Stat. 468.)

-TRANS-

ABOLITION OF PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY;

TRANSFER OF FUNCTIONS

The President's Committee on Science and Technology, established

pursuant to this subchapter, was abolished and its functions

transferred to the President, by Reorg. Plan No. 1 of 1977, Sec.

5A, 42 F.R. 56101, 91 Stat. 1634, set out in the Appendix to Title

5, Government Organization and Employees, effective Feb. 26, 1978,

as provided by section 1(b) of Ex. Ord. No. 12039, Feb. 24, 1978,

43 F.R. 8095, set out under section 6601 of this title.

-End-

-CITE-

42 USC Sec. 6632 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER III - PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY

-HEAD-

Sec. 6632. Membership of Committee

-STATUTE-

(a) Composition; appointment

The Committee shall consist of -

(1) the Director of the Office of Science and Technology Policy

established under subchapter II of this chapter; and

(2) 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 -

(1) be qualified and distinguished in one or more of the

following areas: science, engineering, technology, information

dissemination, education, management, labor, or public affairs;

(2) 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

of this chapter; and

(3) 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.

-SOURCE-

(Pub. L. 94-282, title III, Sec. 302, May 11, 1976, 90 Stat. 468.)

-REFTEXT-

REFERENCES IN TEXT

Section 5703 of title 5, referred to in subsec. (d), was amended

generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 95, and,

as so amended, does not contain a subsec. (b).

-TRANS-

ABOLITION OF PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY;

TRANSFER OF FUNCTIONS

See note set out under section 6631 of this title.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6633 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6633 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER III - PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY

-HEAD-

Sec. 6633. Federal science, engineering, and technology survey;

reports

-STATUTE-

(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 -

(1) 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;

(2) 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;

(3) improved technology assessment in the executive branch of

the Federal Government;

(4) improved methods for effecting technology innovation,

transfer, and use;

(5) 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;

(6) 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;

(7) a broader base for support of basic research;

(8) ways of strengthening the Nation's academic institutions'

capabilities for research and education in science and

technology;

(9) ways and means of effectively integrating scientific and

technological factors into our national and international

policies;

(10) technology designed to meet community and individual

needs;

(11) maintenance of adequate scientific and technological

manpower with regard to both quality and quantity;

(12) improved systems for planning and analysis of the Federal

science and technology programs; and

(13) long-range study, analysis, and planning in regard to the

application of science and technology to major national problems

or concerns.

(b)(1) 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.

(2) 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.

-SOURCE-

(Pub. L. 94-282, title III, Sec. 303, May 11, 1976, 90 Stat. 469.)

-TRANS-

ABOLITION OF PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY;

TRANSFER OF FUNCTIONS

See note set out under section 6631 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6634, 6635 of this title.

-End-

-CITE-

42 USC Sec. 6634 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER III - PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY

-HEAD-

Sec. 6634. Continuation of Committee

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-282, title III, Sec. 304, May 11, 1976, 90 Stat. 470.)

-TRANS-

ABOLITION OF PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY;

TRANSFER OF FUNCTIONS

See note set out under section 6631 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6635 of this title.

-End-

-CITE-

42 USC Sec. 6635 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER III - PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY

-HEAD-

Sec. 6635. Staff and consultant support

-STATUTE-

(a) In the performance of its functions under sections 6633 and

6634 of this title, the Committee is authorized -

(1) 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

(2) 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.

-SOURCE-

(Pub. L. 94-282, title III, Sec. 305, May 11, 1976, 90 Stat. 470.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a)(1), are set

out in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-TRANS-

ABOLITION OF PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY;

TRANSFER OF FUNCTIONS

See note set out under section 6631 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - FEDERAL COORDINATING COUNCIL FOR

SCIENCE, ENGINEERING, AND TECHNOLOGY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER IV - FEDERAL COORDINATING COUNCIL FOR SCIENCE,

ENGINEERING, AND TECHNOLOGY

-HEAD-

SUBCHAPTER IV - FEDERAL COORDINATING COUNCIL FOR SCIENCE,

ENGINEERING, AND TECHNOLOGY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 6616 of this title.

-End-

-CITE-

42 USC Sec. 6651 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER IV - FEDERAL COORDINATING COUNCIL FOR SCIENCE,

ENGINEERING, AND TECHNOLOGY

-HEAD-

Sec. 6651. Establishment, membership, and functions of Council

-STATUTE-

(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 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 -

(1) provide more effective planning and administration of

Federal scientific, engineering, and technological programs,

(2) identify research needs including areas requiring

additional emphasis,

(3) achieve more effective utilization of the scientific,

engineering, and technological resources and facilities of

Federal agencies, including the elimination of unwarranted

duplication, and

(4) 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 -

(1) detailing employees to the Council to perform such

functions, consistent with the purposes of this section, as the

Chairman may assign to them, and

(2) 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.

-SOURCE-

(Pub. L. 94-282, title IV, Sec. 401, May 11, 1976, 90 Stat. 471;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95-113, title XIV,

Sec. 1406, Sept. 29, 1977, 91 Stat. 986; Pub. L. 97-98, title XIV,

Sec. 1406(a), (b), Dec. 22, 1981, 95 Stat. 1298; Pub. L. 102-54,

Sec. 13(q)(11), June 13, 1991, 105 Stat. 281; Pub. L. 104-127,

title VIII, Sec. 851, Apr. 4, 1996, 110 Stat. 1171.)

-MISC1-

AMENDMENTS

1996 - Subsec. (h). Pub. L. 104-127 struck out after first

sentence "Among such standing subcommittees and panels of the

Council shall be the Subcommittee on Food, Agricultural, and

Forestry Research. This subcommittee shall review Federal research

and development programs relevant to domestic and world food and

fiber production and distribution, promote planning and

coordination of this research in the Federal Government, and

recommend policies and other measures concerning the food and

agricultural sciences for the consideration of the Council. The

subcommittee shall include, but not be limited to, representatives

of each of the following departments or agencies; the Department of

Agriculture, the Department of State, the Department of Defense,

the Department of the Interior, the Department of Health and Human

Services, the National Oceanic and Atmospheric Administration, the

Department of Energy, the National Science Foundation, the

Environmental Protection Agency, and the Tennessee Valley

Authority. The principal representatives of the Department of

Agriculture shall serve as the chairman of the subcommittee."

1991 - Subsec. (b). Pub. L. 102-54 substituted "Department of

Veterans Affairs" for "Veterans' Administration".

1981 - Subsec. (h). Pub. L. 97-98 substituted "Subcommittee on

Food, Agricultural, and Forestry Research" for "Subcommittee on

Food and Renewable Resources", "Department of Health and Human

Services" for "Department of Health, Education, and Welfare", and

"Department of Energy" for "Energy Research and Development

Administration".

1977 - Subsec. (h). Pub. L. 95-113 inserted provisions relating

to Subcommittee on Food and Renewable Resources.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of Title 7, Agriculture.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

Title 7, Agriculture.

-TRANS-

TRANSFER OF FUNCTIONS

"Department of Energy" substituted for "Energy Research and

Development Administration" in subsec. (b) pursuant to sections

301(a), 703, and 707 of Pub. L. 95-91, which are classified to

sections 7151(a), 7293, and 7297 of this title and which terminated

Energy Research and Development Administration and transferred its

functions (with certain exceptions) to Secretary of Energy.

ABOLITION OF FEDERAL COORDINATING COUNCIL FOR SCIENCE, ENGINEERING,

AND TECHNOLOGY; TRANSFER OF FUNCTIONS

The Federal Coordinating Council for Science, Engineering, and

Technology, established pursuant to this section, was abolished and

its functions transferred to the President by Reorg. Plan No. 1 of

1977, Sec. 5A, 42 F.R. 56101, 91 Stat. 1634, set out in the

Appendix to Title 5, Government Organization and Employees,

effective Feb. 26, 1978, as provided by section 1(b) of Ex. Ord.

No. 12039, Feb. 24, 1978, 43 F.R. 8095, set out under section 6601

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 2932.

-End-

-CITE-

42 USC SUBCHAPTER V - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER V - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 6671 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 6671. Authorization of appropriations

-STATUTE-

(a) For the purpose of carrying out subchapter II of this

chapter, there are authorized to be appropriated -

(1) $750,000 for the fiscal year ending June 30, 1976;

(2) $500,000 for the period beginning July 1, 1976, and ending

September 30, 1976;

(3) $3,000,000 for the fiscal year ending September 30, 1977;

and

(4) 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 -

(1) $750,000 for the fiscal year ending June 30, 1976;

(2) $500,000 for the period beginning July 1, 1976, and ending

September 30, 1976;

(3) $1,000,000 for the fiscal year ending September 30, 1977;

and

(4) such sums as may be necessary for each of the succeeding

fiscal years.

-SOURCE-

(Pub. L. 94-282, title V, Sec. 501, May 11, 1976, 90 Stat. 472.)

-End-

-CITE-

42 USC SUBCHAPTER VI - NATIONAL CRITICAL TECHNOLOGIES

PANEL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER VI - NATIONAL CRITICAL TECHNOLOGIES PANEL

-HEAD-

SUBCHAPTER VI - NATIONAL CRITICAL TECHNOLOGIES PANEL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 50 App. section 2170.

-End-

-CITE-

42 USC Secs. 6681 to 6685 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER VI - NATIONAL CRITICAL TECHNOLOGIES PANEL

-HEAD-

Secs. 6681 to 6685. Omitted

-COD-

CODIFICATION

Sections 6681 to 6685 were omitted pursuant to section 6685 which

provided that sections 6681 to 6685 ceased to be effective Dec. 31,

2000, and that the National Critical Technologies Panel established

by this subchapter terminated on that date.

Section 6681, Pub. L. 94-282, title VI, Sec. 601, as added Pub.

L. 101-189, div. A, title VIII, Sec. 841(a)(1), Nov. 29, 1989, 103

Stat. 1511, established a National Critical Technologies Panel.

Section 6682, Pub. L. 94-282, title VI, Sec. 602, as added Pub.

L. 101-189, div. A, title VIII, Sec. 841(a)(1), Nov. 29, 1989, 103

Stat. 1511, related to membership of the Panel.

Section 6683, Pub. L. 94-282, title VI, Sec. 603, as added Pub.

L. 101-189, div. A, title VIII, Sec. 841(a)(1), Nov. 29, 1989, 103

Stat. 1511; amended Pub. L. 102-245, title V, Sec. 503, Feb. 14,

1992, 106 Stat. 24, required the Panel to submit to the President a

biennial report on national critical technologies.

Section 6684, Pub. L. 94-282, title VI, Sec. 604, as added Pub.

L. 101-189, div. A, title VIII, Sec. 841(a)(1), Nov. 29, 1989, 103

Stat. 1512, related to administration and funding of Panel.

Section 6685, Pub. L. 94-282, title VI, Sec. 605, as added Pub.

L. 101-189, div. A, title VIII, Sec. 841(a)(1), Nov. 29, 1989, 103

Stat. 1512, provided that sections 6681 to 6685 ceased to be

effective Dec. 31, 2000, and that the Panel terminated on that

date.

-End-

-CITE-

42 USC Sec. 6686 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER VI - NATIONAL CRITICAL TECHNOLOGIES PANEL

-HEAD-

Sec. 6686. Science and Technology Policy Institute

-STATUTE-

(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 -

(1) administered as a separate entity by an organization

currently managing another federally funded research and

development center; or

(2) incorporated as a nonprofit membership corporation.

(c) Duties

The duties of the Institute shall include the following:

(1) 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.

(2) 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.

(3) 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.

(4) Provision, upon the request of the Director of the Office

of Science and Technology Policy, of technical support and

assistance -

(A) 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

(B) 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) of this

section, personnel of the Institute shall -

(1) consult widely with representatives from private industry,

institutions of higher education, and nonprofit institutions; and

(2) 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

(1) The Director of the National Science Foundation shall be the

sponsor of the Institute.

(2) 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) of this section. The

sponsoring agreement shall be consistent with the general

requirements prescribed for such a sponsoring agreement by the

Administrator for Federal Procurement Policy.

-SOURCE-

(Pub. L. 101-510, div. A, title VIII, Sec. 822, Nov. 5, 1990, 104

Stat. 1598; Pub. L. 102-25, title VII, Sec. 704(a)(5), Apr. 6,

1991, 105 Stat. 118; Pub. L. 102-190, div. A, title VIII, Sec.

822(c)(1), Dec. 5, 1991, 105 Stat. 1433; Pub. L. 103-160, div. A,

title VIII, Sec. 803, Nov. 30, 1993, 107 Stat. 1701; Pub. L.

104-201, div. A, title X, Sec. 1073(e)(1)(C), Sept. 23, 1996, 110

Stat. 2658; Pub. L. 105-207, title II, Sec. 208(a), July 29, 1998,

112 Stat. 877.)

-REFTEXT-

REFERENCES IN TEXT

Section 6683 of this title, referred to in subsec. (c)(1), was

omitted from the Code.

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1991, and not as part of the National Science

and Technology Policy, Organization, and Priorities Act of 1976

which comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-207, Sec. 208(a)(1), substituted "Science and

Technology Policy Institute" for "Critical Technologies Institute"

in section catchline.

Subsec. (a). Pub. L. 105-207, Sec. 208(a)(1), substituted

"Science and Technology Policy Institute" for "Critical

Technologies Institute".

Subsec. (b). Pub. L. 105-207, Sec. 208(a)(2), substituted "The"

for "As determined by the chairman of the committee referred to in

subsection (c) of this section, the".

Subsec. (c). Pub. L. 105-207, Sec. 208(a)(3), redesignated

subsec. (d) as (c) and struck out heading and text of former

subsec. (c). Text read as follows:

"(1) The Institute shall have an Operating Committee composed of

six members as follows:

"(A) The Director of the Office of Science and Technology

Policy, who shall chair the committee.

"(B) The Director of the National Institutes of Health.

"(C) The Under Secretary of Commerce for Technology.

"(D) The Director of the Defense Advanced Research Projects

Agency.

"(E) The Director of the National Science Foundation.

"(F) The Under Secretary of Energy having responsibility for

science and technology matters.

"(2) The Operating Committee shall meet not less than four times

each year."

Subsec. (c)(1). Pub. L. 105-207, Sec. 208(a)(4)(A)-(C), inserted

"science and" after "developments and trends in", substituted

"including" for "with particular emphasis on", and inserted before

period at end "and developing and maintaining relevant

informational and analytical tools".

Subsec. (c)(2). Pub. L. 105-207, Sec. 208(a)(4)(D), substituted

"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" for "to determine whether

such developments and trends are likely to affect United States

technology policies".

Subsec. (c)(3). Pub. L. 105-207, Sec. 208(a)(4)(E), amended par.

(3) generally. Prior to amendment, par. (3) read as follows:

"Initiation of studies and analyses (including systems analyses and

technology assessments) of alternatives available for ensuring

long-term leadership by the United States in the development and

application of the technologies referred to in paragraph (1),

including appropriate roles for the Federal Government, State

governments, private industry, and institutions of higher education

in the development and application of such technologies."

Subsec. (c)(4). Pub. L. 105-207, Sec. 208(a)(4)(F), (G), inserted

"science and" after "Executive branch on" in subpar. (A) and

amended subpar. (B) generally. Prior to amendment, subpar. (B) read

as follows: "to the committees and panels of the Federal

Coordinating Council for Science, Engineering, and Technology that

are responsible for planning and coordinating activities of the

Federal Government to advance the development of critical

technologies and sustain and strengthen the technology base of the

United States."

Subsec. (d). Pub. L. 105-207, Sec. 208(a)(3), (5), redesignated

subsec. (e) as (d) and substituted "subsection (c)" for "subsection

(d)" in introductory provisions. Former subsec. (d) redesignated

(c).

Subsec. (e). Pub. L. 105-207, Sec. 208(a)(6), which directed the

substitution of "Institute" for "Committee" each place appearing,

was executed by making the substitution for "committee" in two

places to reflect the probable intent of Congress.

Pub. L. 105-207, Sec. 208(a)(3), redesignated subsec. (f) as (e).

Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 105-207, Sec. 208(a)(3), redesignated

subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsec. (f)(2). Pub. L. 105-207, Sec. 208(a)(8), which directed

the substitution of "Director of Office of Science and Technology

Policy" for "Chairman of Committee" each place appearing, was

executed by making the substitution for "chairman of the committee"

in two places to reflect the probable intent of Congress.

Pub. L. 105-207, Sec. 208(a)(7), substituted "subsection (c)" for

"subsection (d)".

Subsec. (g). Pub. L. 105-207, Sec. 208(a)(3), redesignated

subsec. (g) as (f).

1996 - Subsec. (c)(1)(D). Pub. L. 104-201 inserted "Defense"

before "Advanced Research Projects Agency".

1993 - Subsec. (c). Pub. L. 103-160 amended heading and text of

subsec. (c) generally. Prior to amendment, text consisted of pars.

(1) to (4) relating to the composition, designation of chairman,

terms of service, and meetings of the Operating Committee.

1991 - Pub. L. 102-190 amended section generally, substituting

present provisions for provisions establishing "Critical

Technologies Institute" and providing for incorporation, Board of

Trustees, duties of Institute, sponsorship of Institute, deadline

for certain actions, and funding.

Subsec. (g)(1). Pub. L. 102-25, Sec. 704(a)(5)(A), substituted

"appropriated pursuant to this Act" for "available for the

Department of Defense" and struck out "in the first fiscal year in

which the Institute begins operations" after "activities of the

Institute".

Subsec. (g)(2). Pub. L. 102-25, Sec. 704(a)(5)(B), struck out

"for each fiscal year after the fiscal year referred to in

paragraph (1)" after "for the Institute".

EFFECTIVE DATE OF 1991 AMENDMENTS

Section 822(c)(2), (3) of Pub. L. 102-190 provided that:

"(2) The amendment made by paragraph (1) [amending this section]

shall take effect as of November 5, 1990.

"(3) The sponsoring agreement required by subsection (g) of

section 822 of Public Law 101-510 [subsec. (g) of this section], as

amended by paragraph (1), shall be entered into not later than

February 15, 1992."

Amendment by Pub. L. 102-25 applicable as if included in

enactment of Pub. L. 101-510, see section 704(e) of Pub. L. 102-25,

set out as a note under section 12321 of Title 10, Armed Forces.

AUTHORIZATION OF APPROPRIATIONS

Section 822(d)(2) of Pub. L. 102-190 provided that: "There is

authorized to be appropriated for each fiscal year after fiscal

year 1991 for the Institute such sums as may be necessary for the

operation of the Institute."

REFERENCES TO CRITICAL TECHNOLOGIES INSTITUTE

Pub. L. 105-207, title II, Sec. 208(b), July 29, 1998, 112 Stat.

878, provided that: "All references in Federal law or regulations

to the Critical Technologies Institute shall be considered to be

references to the Science and Technology Policy Institute."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6687 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 79 - SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND

PRIORITIES

SUBCHAPTER VI - NATIONAL CRITICAL TECHNOLOGIES PANEL

-HEAD-

Sec. 6687. Critical technology strategies

-STATUTE-

(a) Requirement for critical technology strategies

(1) 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.

(2) The President shall assign responsibilities and develop

procedures for conducting executive branch activities to carry out

this section.

(3) During the development of a critical technology strategy, the

President shall provide for the following:

(A) 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.

(B) 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.

(C) 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.

(D) The development of policies and procedures for synergistic

government, industrial, and university participation in the

implementation of the strategy.

(E) 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) of this section. The annual report

shall include the following:

(1) For each critical technology designated by the President

for the purpose of subsection (a) of this section, a description

of the progress made in implementing subsection (a) of this

section during the fiscal year preceding the fiscal year in which

the report is submitted.

(2) A description of each proposed program, if any, for further

implementing subsection (a) of this section with respect to a

critical technology through the date for the submission of the

next annual report.

(3) A copy of each strategy, if any, completed or revised

pursuant to subsection (a) of this section during the fiscal year

covered by the report.

-SOURCE-

(Pub. L. 102-190, div. A, title VIII, Sec. 822(a), (b), Dec. 5,

1991, 105 Stat. 1432, 1433.)

-REFTEXT-

REFERENCES IN TEXT

Section 6683 of this title, referred to in subsec. (a)(1), was

omitted from the Code.

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Years 1992 and 1993, and not as part of the National

Science and Technology Policy, Organization, and Priorities Act of

1976 which comprises this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-