42 U.S.C. § 6614 — Policy planning; analysis; advice; estab-

Page 6858 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6612 1 See References in Text note below. Statutory Notes and Related Subsidiaries 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, § 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-reso- lution information systems industries, further provided that ‘‘high-resolution information systems’’ means equipment and techniques required to create, store, re- cover, and play back high-resolution images and ac- companying 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 ac- tivities to the President and Congress, and further pro- vided for limitation on functions of Board and appro- priations through fiscal year 1993. § 6612. Director; Associate Directors (a) In general There shall be at the head of the Office a Di- rector who shall be appointed by the President, by and with the advice and consent of the Sen- ate, and who shall be compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5. (b) Associate Directors The President is authorized to appoint not more than four Associate Directors, by and with the advice and consent of the Senate, who shall be compensated at a rate not to exceed that pro- vided for level III of the Executive Schedule in section 5314 of such title. Associate Directors shall perform such functions as the Director may prescribe. (c) Chief Technology Officer Subject to subsection (b), the President is au- thorized to designate 1 of the Associate Direc- tors under that subsection as a United States Chief Technology Officer. (Pub. L. 94–282, title II, § 203, May 11, 1976, 90 Stat. 463; Pub. L. 114–329, title VI, § 604(b), Jan. 6, 2017, 130 Stat. 3037.) Editorial Notes AMENDMENTS 2017—Pub. L. 114–329, § 604(b)(1), (2), designated first sentence of existing provisions as subsec. (a) and second and third sentences of existing provisions as subsec. (b) and inserted headings. Subsec. (c). Pub. L. 114–329, § 604(b)(3), added subsec. (c). § 6613. Functions of the Director (a) The primary function of the Director is to provide, within the Executive Office of the President, advice on the scientific, engineering, and technological aspects of issues that require attention at the highest levels of Government. (b) In addition to such other functions and ac- tivities as the President may assign, the Direc- tor 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 envi- ronment, and the technological recovery and use of resources; (2) evaluate the scale, quality, and effective- ness of the Federal effort in science and tech- nology and advise on appropriate actions; (3) advise the President on scientific and technological considerations with regard to Federal budgets, assist the Office of Manage- ment and Budget with an annual review and analysis of funding proposed for research and development in budgets of all Federal agen- cies, and aid the Office of Management and Budget and the agencies throughout the budg- et development process; and (4) assist the President in providing general leadership and coordination of the research and development programs of the Federal Gov- ernment. (Pub. L. 94–282, title II, § 204, May 11, 1976, 90 Stat. 463; Pub. L. 107–296, title XVII, § 1712(1), Nov. 25, 2002, 116 Stat. 2320.) Editorial Notes AMENDMENTS 2002—Subsec. (b)(1). Pub. L. 107–296 inserted ‘‘home- land security,’’ after ‘‘national security,’’. Statutory Notes and Related Subsidiaries 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, Do- mestic Security. § 6614. Policy planning; analysis; advice; estab- lishment of advisory panel (a) The Office shall serve as a source of sci- entific 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 prob- lems 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 Re- port, in accordance with section 6618 1 of this title; (3) gather timely and authoritative informa- tion 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 develop- Page 6859 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6614 ments and trends are likely to affect achieve- ment of the priority goals of the Nation as set forth in section 6601(b) of this title; (4) encourage the development and mainte- nance of an adequate data base for human re- sources in science, engineering, and tech- nology, including the development of appro- priate models to forecast future manpower re- quirements, 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 inter- national problems amendable to the contribu- tions of science and technology and, insofar as possible, determine and compare probable costs, benefits, and impacts of such alter- natives; (6) advise the President on the extent to which the various scientific and technological programs, policies, and activities of the Fed- eral Government are likely to affect the achievement of the priority goals of the Na- tion as set forth in section 6601(b) of this title; (7) provide the President with periodic re- views of Federal statutes and administrative regulations of the various departments and agencies which affect research and develop- ment activities, both internally and in rela- tion to the private sector, or which may inter- fere with desirable technological innovation, together with recommendations for their elimination, reform, or updating as appro- priate; (8) develop, review, revise, and recommend criteria for determining scientific and techno- logical 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 capa- bilities to national needs; (9) assess and advise on policies for inter- national cooperation in science and tech- nology 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 ac- tivities 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 Presi- dent may request. (b)(1) The Director shall establish an Intergov- ernmental Science, Engineering, and Tech- nology 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, engi- neering, and technology may assist in resolving or ameliorating; (B) recommend priorities for addressing such problems; and (C) advise and as- sist 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 Di- rector of the Office, or his representative; (B) at least ten members representing the interests of the States, appointed by the Director of the Of- fice after consultation with State officials; (C) the Director of the National Science Founda- tion, or his representative; and (D) the Director of the Office of Pandemic Preparedness and Re- sponse Policy. (3)(A) The Director of the Office, or his rep- resentative, 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 al- lowed travel expenses, including per diem in lieu of subsistence in the same manner as the ex- penses authorized by section 5703(b) 1 of title 5 for persons in government service employed intermittently. (Pub. L. 94–282, title II, § 205, May 11, 1976, 90 Stat. 464; Pub. L. 97–375, title II, § 215(2), (4), Dec. 21, 1982, 96 Stat. 1826, 1827; Pub. L. 117–328, div. FF, title II, § 2104(k)(3)(A), Dec. 29, 2022, 136 Stat. 5720.) Editorial Notes REFERENCES IN TEXT Section 6618 of this title, referred to in subsec. (a)(2), was repealed by Pub. L. 97–375, title II, § 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, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b). AMENDMENTS 2022—Subsec. (b)(2). Pub. L. 117–328 added cl. (D). 1982—Subsec. (a)(11). Pub. L. 97–375, § 215(2), (4), in- serted ‘‘and the Congress’’ after ‘‘President’’, and sub- stituted ‘‘section 6615’’ for ‘‘section 6618’’. Statutory Notes and Related Subsidiaries 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 Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. Page 6860 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6615 COMPREHENSIVE ACCOUNTABILITY STUDY FOR FEDERALLY-FUNDED RESEARCH Pub. L. 105–276, title IV, § 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 Direc- tor 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-fund- ed research and development programs. This study shall— ‘‘(1) recommend processes to determine an accept- able level of success for federally-funded research and development programs by— ‘‘(A) describing the research process in the var- ious 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 formula- tion of the strategic plans of funding agencies and if the quantity or quality of this type of input is unsat- isfactory; ‘‘(3) recommend mechanisms for identifying feder- ally-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 pro- grams and projects; and ‘‘(5) investigate and report on the validity of using quantitative performance goals for aspects of pro- grams which relate to administrative management of the program and for which such goals would be appro- priate, including aspects related to— ‘‘(A) administrative burden on contractors and re- cipients of financial assistance awards; ‘‘(B) administrative burdens on external partici- pants 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 pro- gram for equipment and direct funding of research; and ‘‘(E) the timeliness of program responses to re- quests for funding, participation, or equipment use. ‘‘(b) INDEPENDENT MERIT-BASED EVALUATION DE- FINED.—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 ac- tivity; or ‘‘(2) in the case of the review of a project proposal, are not seeking funds in competition with the pro- posal.’’ COMPUTER NETWORK STUDY Pub. L. 99–383, § 10, Aug. 21, 1986, 100 Stat. 816, pro- vided 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 op- tions 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 fif- teen 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 im- proved computer network would offer for electronic mail, file transfer, and remote access and commu- nications for universities and Federal research facili- ties in the United States; and ‘‘(3) the networking options available for linking academic and other federally supported research computers, including supercomputers, with a par- ticular emphasis on the advantages and disadvan- tages, 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 re- spect to needs and options regarding communications networks for university and Federal research super- computers 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 re- spect to needs and options regarding communications networks for all research computers at universities and Federal research facilities in the United States.’’ Executive Documents 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 Em- ployees, 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, ENGINEER- ING, 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 trans- ferred to the President by Reorg. Plan No. 1 of 1977, § 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. § 6615. National science and technology strategy (a) In general Not later than December 31 of the year imme- diately after the calendar year in which a review under section 6615b of this title is completed, the Director of the Office of Science and Tech- nology Policy shall, in coordination with the National Science and Technology Council, de- velop and submit to Congress a comprehensive national science and technology strategy of the United States to meet national research and de- velopment objectives for the following 4-year pe- riod (in this section referred to as ‘‘the national science and technology strategy’’). (b) Requirements In developing each national science and tech- nology strategy described in subsection (a), the Director of the Office of Science and Technology Policy shall—