42 U.S.C. § 6611 — Establishment of Office

Page 6857 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6611 2 So in original. Probably should be ‘‘which to, contest’’. (C) Temporarily or permanently dis- continue any or all funding from that agen- cy for the individual or entity. (D) Temporarily or permanently suspend or debar the individual or entity in accord- ance with part 180 of title 2, Code of Federal Regulations, any successor regulation, or any other appropriate law or regulation, from receiving government funding. (E) Refer the failure to disclose under sub- section (a) to the Inspector General of the agency concerned for further investigation or to Federal law enforcement authorities to determine whether any criminal or civil laws were violated. (F) Place the individual or entity in the Federal Awardee Performance and Integrity Information System for noncompliance to alert other agencies. (G) Take such other actions against the in- dividual or entity as are authorized under applicable law or regulations. (3) Special rule for enforcement against enti- ties An enforcement action described in para- graph (2) may be taken against an entity only in a case in which— (A) the entity did not meet the require- ments of subsection (a)(2); (B) the entity knew that a covered indi- vidual failed to disclose information under subsection (a)(1) and the entity did not take steps to remedy such nondisclosure before the application was submitted; or (C) the head of the Federal research agen- cy concerned determines that— (i) the entity is owned, controlled, or substantially influenced by a covered indi- vidual; and (ii) such individual knowingly failed to disclose information under subsection (a)(1). (4) Notice A Federal research agency that intends to take action under paragraph (1) or (2) shall, as practicable and in accordance with part 180 of title 2, Code of Federal Regulations, any suc- cessor regulation, or any other appropriate law or regulation, notify each individual or entity subject to such action about the spe- cific reason for the action, and shall provide such individuals and entities with the oppor- tunity to, and a process by which, to contest 2 the proposed action. (5) Evidentiary standards A Federal research agency seeking suspen- sion or debarment under paragraph (2)(D) shall abide by the procedures and evidentiary stand- ards set forth in part 180 of title 2, Code of Federal Regulations, any successor regulation, or any other appropriate law or regulation. (d) Definitions In this section: (1) The term ‘‘covered individual’’ means an individual who— (A) contributes in a substantive, meaning- ful way to the scientific development or exe- cution of a research and development project proposed to be carried out with a research and development award from a Federal re- search agency; and (B) is designated as a covered individual by the Federal research agency concerned. (2) The term ‘‘current and pending research support’’— (A) means all resources made available, or expected to be made available, to an indi- vidual in support of the individual’s research and development efforts, regardless of— (i) whether the source of the resource is foreign or domestic; (ii) whether the resource is made avail- able through the entity applying for a re- search and development award or directly to the individual; or (iii) whether the resource has monetary value; and (B) includes in-kind contributions requir- ing a commitment of time and directly sup- porting the individual’s research and devel- opment efforts, such as the provision of of- fice or laboratory space, equipment, sup- plies, employees, or students. (3) The term ‘‘entity’’ means an entity that has applied for or received a research and de- velopment award from a Federal research agency. (4) The term ‘‘Federal research agency’’ means any Federal agency with an annual ex- tramural research expenditure of over $100,000,000. (5) The term ‘‘research and development award’’ means support provided to an indi- vidual or entity by a Federal research agency to carry out research and development activi- ties, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not in- clude a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency. (Pub. L. 116–283, div. A, title II, § 223, Jan. 1, 2021, 134 Stat. 3470.) Editorial Notes CODIFICATION Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of the National Science and Technology Policy, Organization, and Pri- orities Act of 1976 which comprises this chapter. SUBCHAPTER II—OFFICE OF SCIENCE AND TECHNOLOGY POLICY § 6611. Establishment of Office There is established in the Executive Office of the President an Office of Science and Tech- nology Policy (hereinafter referred to in this subchapter as the ‘‘Office’’). (Pub. L. 94–282, title II, § 202, May 11, 1976, 90 Stat. 463.) 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-