42 U.S.C. § 6618 — Major science and technology proposals

Page 6863 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6618 tional security, the Director, at the request of the National Security Council, shall advise the National Security Council in such matters con- cerning science and technology as relate to na- tional security. (c) Officers and employees; services; contracts; payments In carrying out his functions under this chap- ter, 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 pre- scribe 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 arrange- ments for studies, analyses, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as he deems necessary to carry out the provisions of this chapter without legal consideration, without performance bonds, and without regard to section 6101 of title 41. (Pub. L. 94–282, title II, § 207, May 11, 1976, 90 Stat. 466.) Editorial Notes CODIFICATION In subsec. (c)(3), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. 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. Executive Documents ABOLITION OF THE FEDERAL COORDINATING COUNCIL FOR SCIENCE, ENGINEERING, AND TECHNOLOGY; TRANSFER OF FUNCTIONS See note set out under section 6651 of this title. § 6617. Coordination with other organizations (a) Consultation and cooperation with Federal departments and agencies; utilization of con- sultants; establishment of advisory panels; consultation with State and local agencies, professional groups, and representatives of industry, etc.; hearings; utilization of serv- ices, 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 coopera- tion with the Domestic Council, the National Security Council, the Office of Homeland Se- curity, 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, estab- lish such advisory panels, and, to the extent practicable, consult with State and local gov- ernmental agencies, with appropriate profes- sional groups, and with such representatives of industry, the universities, agriculture, labor, consumers, conservation organizations, and such other public interest groups, organiza- tions, 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 organi- zations referred to in paragraph (2) of this sub- section and of the general public, concerning national needs and trends in science and tech- nology; and (4) utilize with their consent to the fullest extent possible the services, personnel, equip- ment, facilities, and information (including statistical information) of public and private agencies and organizations, and individuals, in order to avoid duplication of effort and ex- pense, and may transfer funds made available pursuant to this chapter to other Federal agencies as reimbursement for the utilization of such personnel, services, facilities, equip- ment, and information. (b) Information from Executive departments, agencies, and instrumentalities Each department, agency, and instrumen- tality of the Executive Branch of the Govern- ment, including any independent agency, is au- thorized to furnish the Director such informa- tion 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 Na- tional 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. (Pub. L. 94–282, title II, § 208, May 11, 1976, 90 Stat. 467; Pub. L. 107–296, title XVII, § 1712(2), Nov. 25, 2002, 116 Stat. 2320.) Editorial Notes AMENDMENTS 2002—Subsec. (a)(1). Pub. L. 107–296 inserted ‘‘the Of- fice of Homeland Security,’’ after ‘‘the National Secu- rity Council,’’. 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. § 6618. Major science and technology proposals The Director shall identify and provide an an- nual report to Congress on each major multi- national science and technology project, in Page 6864 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6619 1 So in original. Probably should be ‘‘policies’’. which the United States is not a participant, which has a total estimated cost greater than $1,000,000,000. (Pub. L. 94–282, title II, § 209, as added Pub. L. 102–245, title V, § 502, Feb. 14, 1992, 106 Stat. 24.) Editorial Notes PRIOR PROVISIONS A prior section 6618, Pub. L. 94–282, title II, § 209, May 11, 1976, 90 Stat. 468, directed President to transmit an- nually to Congress a report on science and technology to be prepared by Office of Science and Technology Pol- icy, and directed Director of Office to make the report available as a public document, prior to repeal by Pub. L. 97–375, title II, § 215(1), Dec. 21, 1982, 96 Stat. 1826. See section 6615 of this title. § 6619. National coordination of research infra- structure (a) Identification and prioritization of defi- ciencies in Federal research facilities Each year the Director of the Office of Science and Technology Policy shall, through the Na- tional Science and Technology Council, identify and prioritize the deficiencies in research facili- ties and major instrumentation located at Fed- eral laboratories and national user facilities at academic institutions that are widely accessible for use by researchers in the United States. In prioritizing such deficiencies, the Director shall consider research needs in areas relevant to the specific mission requirements of Federal agen- cies. (b) Planning for acquisition, refurbishment, and maintenance of research facilities and major instrumentation The Director shall, through the National Science and Technology Council, coordinate the planning by Federal agencies for the acquisi- tion, refurbishment, and maintenance of re- search facilities and major instrumentation to address the deficiencies identified under sub- section (a). (c) Report The Director shall submit to Congress each year, together with documents submitted to Congress in support of the budget of the Presi- dent for the fiscal year beginning in such year (as submitted pursuant to section 1105 of title 31), a report, current as of the fiscal year ending in the year before such report is submitted, set- ting forth the following: (1) A description of the deficiencies in re- search infrastructure identified in accordance with subsection (a). (2) A list of projects and budget proposals of Federal research facilities, set forth by agen- cy, for major instrumentation acquisitions that are included in the budget proposal of the President. (3) An explanation of how the projects and instrumentation acquisitions described in paragraph (2) relate to the deficiencies and priorities identified pursuant to subsection (a). (Pub. L. 110–69, title I, § 1007, Aug. 9, 2007, 121 Stat. 580.) Editorial Notes CODIFICATION Section was enacted as part of the America COM- PETES Act, also known as the America Creating Op- portunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, and not as part of the National Science and Technology Policy, Organization, and Priorities Act of 1976 which com- prises this chapter. § 6620. Release of scientific research results (a) Principles Not later than 90 days after August 9, 2007, the Director of the Office of Science and Technology Policy, in consultation with the Director of the Office of Management and Budget and the heads of all Federal civilian agencies that conduct sci- entific research, shall develop and issue an over- arching set of principles to ensure the commu- nication and open exchange of data and results to other agencies, policymakers, and the public of research conducted by a scientist employed by a Federal civilian agency and to prevent the intentional or unintentional suppression or dis- tortion of such research findings. The principles shall encourage the open exchange of data and results of research undertaken by a scientist employed by such an agency and shall be con- sistent with existing Federal laws, including chapter 18 of title 35 (commonly known as the ‘‘Bayh-Dole Act’’). The principles shall also take into consideration the policies of peer-reviewed scientific journals in which Federal scientists may currently publish results. (b) Implementation Not later than 180 days after August 9, 2007, the Director of the Office of Science and Tech- nology Policy shall ensure that all civilian Fed- eral agencies that conduct scientific research develop specific policies and procedures regard- ing the public release of data and results of re- search conducted by a scientist employed by such an agency consistent with the principles established under subsection (a). Such polices 1 and procedures shall— (1) specifically address what is and what is not permitted or recommended under such policies and procedures; (2) be specifically designed for each such agency; (3) be applied uniformly throughout each such agency; and (4) be widely communicated and readily ac- cessible to all employees of each such agency and the public. (Pub. L. 110–69, title I, § 1009, Aug. 9, 2007, 121 Stat. 581.) Editorial Notes CODIFICATION Section was enacted as part of the America COM- PETES Act, also known as the America Creating Op- portunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, and not as part of the National Science and Technology Policy, Organization, and Priorities Act of 1976 which com- prises this chapter.