42 U.S.C. § 6601 — Congressional findings; priority goals

Page 6838 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6507 and operation of essential public facilities, and (c) other necessary provisions of public service: Provided further, That in the allocation of such funds, the State shall give priority to use by subdivisions of the State most directly or severely impacted by development of oil and gas leased under this Act.’’ 1984—Pub. L. 98–620 struck out provision in third par. that required that any proceeding on such action be as- signed for hearing at the earliest possible date and be expedited by the Court. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. § 6507. Authorization of appropriations; Federal financial assistance for increased municipal services and facilities in communities lo- cated on or near reserve resulting from au- thorized exploration and study activities (a) There are authorized to be appropriated to the Department of the Interior such sums as may be necessary to carry out the provisions of this chapter. (b) If the Secretary of the Interior determines that there is an immediate and substantial in- crease in the need for municipal services and fa- cilities in communities located on or near the reserve as a direct result of the exploration and study activities authorized by this chapter and that an unfair and excessive financial burden will be incurred by such communities as a result of the increased need for such services and fa- cilities, then he is authorized to assist such communities in meeting the costs of providing increased municipal services and facilities. The Secretary of the Interior shall carry out the pro- visions of this section through existing Federal programs and he shall consult with the heads of the departments or agencies of the Federal Gov- ernment concerned with the type of services and facilities for which financial assistance is being made available. (Pub. L. 94–258, title I, § 108, formerly § 107, Apr. 5, 1976, 90 Stat. 306; renumbered § 108, Pub. L. 109–58, title III, § 347(a)(1), Aug. 8, 2005, 119 Stat. 704.) § 6508. Transferred Editorial Notes CODIFICATION Section, Pub. L. 96–514, title I, Dec. 12, 1980, 94 Stat. 2964, as amended, which related to competitive leasing of oil and gas, was renumbered section 107 of Pub. L. 94–258, the Naval Petroleum Reserves Production Act of 1976, by Pub. L. 109–58, title III, § 347(a)(2), August 8, 2005, 119 Stat. 704, and is classified to section 6506a of this title. CHAPTER 79—SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND PRIORITIES SUBCHAPTER I—NATIONAL SCIENCE, ENGINEER- ING, AND TECHNOLOGY POLICY AND PRIOR- ITIES Sec. 6601. Congressional findings; priority goals. Sec. 6602. Congressional declaration of policy. 6603. Sense of Congress on innovation acceleration research. 6604. Interagency working group on research regu- lation. 6605. Disclosure of funding sources in applications for Federal research and development awards. SUBCHAPTER II—OFFICE OF SCIENCE AND TECHNOLOGY POLICY 6611. Establishment of Office. 6612. Director; Associate Directors. 6613. Functions of the Director. 6614. Policy planning; analysis; advice; establish- ment of advisory panel. 6615. National science and technology strategy. 6615b. Quadrennial science and technology review. 6616. Additional functions of Director. 6617. Coordination with other organizations. 6618. Major science and technology proposals. 6619. National coordination of research infrastruc- ture. 6620. Release of scientific research results. 6621. Coordination of Federal STEM education. 6622. Coordination of advanced manufacturing re- search and development. 6623. Interagency public access committee. 6624. Federal scientific collections. 6625. Coordination of international science and technology partnerships. 6626. Working group on inclusion in STEM fields. 6627. Federally-funded research with enhanced pathogens of pandemic potential. SUBCHAPTER III—PRESIDENT’S COMMITTEE ON SCIENCE AND TECHNOLOGY 6631. Establishment of Committee. 6632. Membership of Committee. 6633. Federal science, engineering, and technology survey; reports. 6634. Continuation of Committee. 6635. Staff and consultant support. SUBCHAPTER IV—FEDERAL COORDINATING COUNCIL FOR SCIENCE, ENGINEERING, AND TECHNOLOGY 6651. Establishment, membership, and functions of Council. SUBCHAPTER V—GENERAL PROVISIONS 6671. Authorization of appropriations. SUBCHAPTER VI—NATIONAL CRITICAL TECHNOLOGIES PANEL 6681 to 6685. Omitted. 6686. Science and Technology Policy Institute. 6687. Critical technology strategies. SUBCHAPTER I—NATIONAL SCIENCE, ENGI- NEERING, AND TECHNOLOGY POLICY AND PRIORITIES § 6601. Congressional findings; priority goals (a) The Congress, recognizing the profound im- pact 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 eco- nomic health and stability of the Nation, the conservation and efficient utilization of its natural and human resources, and the effec- tive functioning of government and society re- quire vigorous, perceptive support and em- ployment of science and technology in achiev- ing national objectives; Page 6839 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 (2) the many large and complex scientific and technological factors which increasingly influence the course of national and inter- national 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 capabili- ties of the United States, when properly fos- tered, applied, and directed, can effectively as- sist in improving the quality of life, in antici- pating and resolving critical and emerging international, national, and local problems, in strengthening the Nation’s international eco- nomic position, and in furthering its foreign policy objectives; (4) Federal funding for science and tech- nology 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 oppor- tunities and the prevalent economic situation; (5) the manpower pool of scientists, engi- neers, and technicians, constitutes an invalu- able national resource which should be uti- lized 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 con- tribute 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 en- larging the contributions of American sci- entists 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 contrib- uting to economic opportunity, stability, and appropriate growth; (3) assuring an adequate supply of food, ma- terials, 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 pro- moting full employment through useful sci- entific and technological innovations; (9) increasing the quality of educational op- portunities 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, trans- portation, and communication systems, and assuring the provision of effective public serv- ices 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. (Pub. L. 94–282, title I, § 101, May 11, 1976, 90 Stat. 459.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2017 AMENDMENT Pub. L. 114–329, title VI, § 604(a), Jan. 6, 2017, 130 Stat. 3037, provided that: ‘‘This section [amending section 6612 of this title] may be cited as the ‘United States Chief Technology Officer Act’.’’ SHORT TITLE Pub. L. 94–282, § 1, May 11, 1976, 90 Stat. 459, provided that: ‘‘This Act [enacting this chapter, amending sec- tion 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 Pol- icy, Organization, and Priorities Act of 1976’.’’ Pub. L. 94–282, title II, § 201, May 11, 1976, 90 Stat. 463, provided that: ‘‘This title [enacting subchapter II of this chapter] may be cited as the ‘Presidential Science and Technology Advisory Organization Act of 1976’.’’ INDUSTRIES OF THE FUTURE Pub. L. 116–283, div. H, title XCIV, § 9412, Jan. 1, 2021, 134 Stat. 4818, provided that: ‘‘(a) SHORT TITLE.—This section may be cited as the ‘Industries of the Future Act of 2020’. ‘‘(b) REPORT ON FEDERAL RESEARCH AND DEVELOPMENT FOCUSED ON INDUSTRIES OF THE FUTURE.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act [Jan. 1, 2021], the Director of the Office of Science and Technology Pol- icy shall submit to Congress a report on research and development investments, infrastructure, and work- force development investments of the Federal Gov- ernment that enable continued United States leader- ship in industries of the future. ‘‘(2) CONTENTS.—The report submitted under para- graph (1) shall include the following: ‘‘(A) A definition, for purposes of this section, of the term ‘industries of the future’ that includes emerging technologies. ‘‘(B) An assessment of the current baseline of in- vestments in civilian research and development in- vestments of the Federal Government in the indus- tries of the future. ‘‘(C) A plan to double such baseline investments in artificial intelligence and quantum information science by fiscal year 2022. ‘‘(D) A detailed plan to increase investments de- scribed in subparagraph (B) in industries of the fu- ture to $10,000,000,000 per year by fiscal year 2025. ‘‘(E) A plan to leverage investments described in subparagraphs (B), (C), and (D) in industries of the future to elicit complimentary investments by non- Federal entities, including providing incentives for significant complementary investments by such en- tities and facilitating public-private partnerships. ‘‘(F) Proposals for the Federal Government, in- cluding any necessary draft legislation, to imple- ment such plans. Page 6840 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 ‘‘(c) INDUSTRIES OF THE FUTURE COORDINATION COUN- CIL.— ‘‘(1) ESTABLISHMENT.— ‘‘(A) IN GENERAL.—The President shall establish or designate a council to advise the Director of the Office of Science and Technology Policy on matters relevant to the Director and the industries of the future. ‘‘(B) DESIGNATION.—The council established or designated under subparagraph (A) shall be known as the ‘Industries of the Future Coordination Coun- cil’ (in this section the ‘Council’). ‘‘(2) MEMBERSHIP.— ‘‘(A) COMPOSITION.—The Council shall be com- posed of employees of the Federal Government who shall be appointed as follows: ‘‘(i) One member appointed by the Director. ‘‘(ii) A chairperson of the Select Committee on Artificial Intelligence of the National Science and Technology Council. ‘‘(iii) A chairperson of the Subcommittee on Ad- vanced Manufacturing of the National Science and Technology Council. ‘‘(iv) A chairperson of the Subcommittee on Quantum Information Science of the National Science and Technology Council. ‘‘(v) Such other members as the President con- siders appropriate. ‘‘(B) CHAIRPERSON.—The member appointed to the Council under paragraph (A)(i) shall serve as the chairperson of the Council. ‘‘(3) DUTIES.—The duties of the Council are as fol- lows: ‘‘(A) To provide the Director with advice on ways in which in [sic] the Federal Government can en- sure the United States continues to lead the world in developing emerging technologies that improve the quality of life of the people of the United States, increase economic competitiveness of the United States, and strengthen the national security of the United States, including identification of the following: ‘‘(i) Federal investments required in funda- mental research and development, infrastructure, technology transfer, and workforce development of the United States workers who will support the industries of the future. ‘‘(ii) Actions necessary to create and further de- velop the workforce that will support the indus- tries of the future. ‘‘(iii) Actions required to leverage the strength of the research and development ecosystem of the United States, which includes academia, indus- try, and nonprofit organizations, to support in- dustries of the future. ‘‘(iv) Ways that the Federal Government can consider leveraging existing partnerships and cre- ating new partnerships and other multisector col- laborations to advance the industries of the fu- ture. ‘‘(v) Actions required to accelerate the trans- lation of federally funded research and develop- ment to practice and meaningful benefits for soci- ety while mitigating any risks. ‘‘(B) To provide the Director with advice on mat- ters relevant to the report required under sub- section (b). ‘‘(4) COORDINATION.—The Council shall coordinate with and utilize relevant existing National Science and Technology Council committees to the maximum extent feasible in order to minimize duplication of ef- fort. ‘‘(5) APPLICABILITY OF FACA.—The Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] shall not apply to the Council established under this subsection. ‘‘(6) SUNSET.—The Council shall terminate on the date that is 6 years after the date of the enactment of this Act [Jan. 1, 2021].’’ SECURING AMERICAN SCIENCE AND TECHNOLOGY Pub. L. 116–92, div. A, title XVII, § 1746, Dec. 20, 2019, 133 Stat. 1843, provided that: ‘‘(a) INTERAGENCY WORKING GROUP.— ‘‘(1) IN GENERAL.—The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, in con- sultation with the National Security Advisor, shall establish or designate an interagency working group to coordinate activities to protect federally funded research and development from foreign interference, cyber attacks, theft, or espionage and to develop common definitions and best practices for Federal science agencies and grantees, while accounting for the importance of the open exchange of ideas and international talent required for scientific progress and American leadership in science and technology. ‘‘(2) MEMBERSHIP.— ‘‘(A) IN GENERAL.—The working group shall in- clude at least one representative of— ‘‘(i) the National Science Foundation; ‘‘(ii) the Department of Energy; ‘‘(iii) the National Aeronautics and Space Ad- ministration; ‘‘(iv) the Department of Commerce; ‘‘(v) the Department of Health and Human Serv- ices; ‘‘(vi) the Department of Defense; ‘‘(vii) the Department of Agriculture; ‘‘(viii) the Department of Education; ‘‘(ix) the Department of State; ‘‘(x) the Department of the Treasury; ‘‘(xi) the Department of Justice; ‘‘(xii) the Department of Homeland Security; ‘‘(xiii) the Central Intelligence Agency; ‘‘(xiv) the Office of the Director of National In- telligence; ‘‘(xv) the Office of Management and Budget; ‘‘(xvi) the National Economic Council; and ‘‘(xvii) such other Federal department or agen- cy as the President considers appropriate. ‘‘(B) CHAIR.—The working group shall be chaired by the Director of the Office of Science and Tech- nology Policy (or the Director’s designee). ‘‘(3) RESPONSIBILITIES OF THE WORKING GROUP.—The working group established under paragraph (1) shall— ‘‘(A) identify known and potential cyber, phys- ical, and human intelligence threats and vulnerabilities within the United States scientific and technological enterprise; ‘‘(B) coordinate efforts among agencies to share and update important information, including spe- cific examples of foreign interference, cyber at- tacks, theft, or espionage directed at federally funded research and development or the integrity of the United States scientific enterprise; ‘‘(C) identify and assess existing mechanisms for protection of federally funded research and develop- ment; ‘‘(D) develop an inventory of— ‘‘(i) terms and definitions used across Federal science agencies to delineate areas that may re- quire additional protection; and ‘‘(ii) policies and procedures at Federal science agencies regarding protection of federally funded research; and ‘‘(E) develop and periodically update unclassified recommendations for policy guidance to assist Fed- eral science agencies and grantees in defending against threats to federally funded research and de- velopment and the integrity of the United States scientific enterprise that— ‘‘(i) includes— ‘‘(I) descriptions of known and potential threats to federally funded research and devel- opment and the integrity of the United States scientific enterprise; ‘‘(II) common definitions and terminology for categorization of research and technologies that are protected; ‘‘(III) identified areas of research or tech- nology that might require additional protec- tion; Page 6841 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 ‘‘(IV) recommendations for how control mech- anisms can be utilized to protect federally fund- ed research and development from foreign inter- ference, cyber attacks, theft or espionage, in- cluding any recommendations for updates to ex- isting control mechanisms; ‘‘(V) recommendations for best practices for Federal science agencies, universities, and grantees to defend against threats to federally funded research and development, including co- ordination and harmonization of any relevant reporting requirements that Federal science agencies implement for grantees, and by pro- viding such best practices with grantees and universities at the time of awarding such grants or entering into research contracts; ‘‘(VI) a remediation plan for grantees and uni- versities to mitigate the risks regarding such threats before research grants or contracts are cancelled because of such threats; ‘‘(VII) recommendations for providing oppor- tunities and facilities for academic researchers to perform controlled and classified research in support of Federal missions; ‘‘(VIII) assessments of potential consequences that any proposed practices would have on international collaboration and United States leadership in science and technology; and ‘‘(IX) a classified addendum as necessary to further inform Federal science agency decision- making; and ‘‘(ii) accounts for the range of needs across dif- ferent sectors of the United States science and technology enterprise. ‘‘(4) POLICY GUIDANCE.—Not later than 270 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of the Office of Science and Technology Policy, in consultation with the working group estab- lished under paragraph (1), shall— ‘‘(A) develop and issue policy guidance to Federal science agencies with more than $100,000,000 in ex- tramural research in fiscal year 2018 to protect against threats to federally funded research and the United States science enterprise, including foreign interference, cyber attacks, theft, or espionage; and ‘‘(B) encourage consistency in the policies devel- oped by Federal science agencies with more than $100,000,000 in extramural research in fiscal year 2018, as appropriate, and factoring in the potential range of applications across different areas of science and technology. ‘‘(5) COORDINATION WITH NATIONAL ACADEMIES ROUND- TABLE.—The Director of the Office of Science and Technology Policy shall coordinate with the Acad- emies to ensure that at least one member of the interagency working group is also a member of the roundtable under subsection (b). ‘‘(6) INTERIM REPORT.—Not later than six months after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall provide a report to the relevant committees that in- cludes the inventory required under paragraph (3)(D), and an update on progress toward developing the pol- icy guidance required under paragraphs (3)(E) and (4), as well as any additional activities undertaken by the working group in that time. ‘‘(7) BIENNIAL REPORTING.—Two years after the date of enactment of this Act, and at least every two years thereafter, the Director of the Office of Science and Technology Policy shall provide a summary report to the relevant committees on the activities of the working group and the most current version of the policy guidance required under paragraph (4). ‘‘(8) TERMINATION.—The working group established or designated under paragraph (1) shall terminate on the date that is ten years after the date on which such working group is established or designated. ‘‘(b) NATIONAL ACADEMIES SCIENCE, TECHNOLOGY AND SECURITY ROUNDTABLE.— ‘‘(1) IN GENERAL.—The National Science Founda- tion, the Department of Energy, and the Department of Defense, and any other agencies as determined by the Director of the Office of Science and Technology Policy, shall enter into a joint agreement with the Academies to create a new ‘National Science, Tech- nology, and Security Roundtable’ (hereinafter in this subsection referred to as the ‘roundtable’). ‘‘(2) PARTICIPANTS.—The roundtable shall include senior representatives and practitioners from Federal science, intelligence, and national security agencies, law enforcement, as well as key stakeholders in the United States scientific enterprise including institu- tions of higher education, Federal research labora- tories, industry, and non-profit research organiza- tions. ‘‘(3) PURPOSE.—The purpose of the roundtable is to facilitate among participants— ‘‘(A) exploration of critical issues related to pro- tecting United States national and economic secu- rity while ensuring the open exchange of ideas and international talent required for scientific progress and American leadership in science and technology; ‘‘(B) identification and consideration of security threats and risks involving federally funded re- search and development, including foreign inter- ference, cyber attacks, theft, or espionage; ‘‘(C) identification of effective approaches for communicating the threats and risks identified in subparagraph (b) to the academic and scientific community, including through the sharing of un- classified data and relevant case studies; ‘‘(D) sharing of best practices for addressing and mitigating the threats and risks identified in sub- paragraph (B); and ‘‘(E) examination of potential near- and long- term responses by the Government and the aca- demic and scientific community to mitigate and address the risks associated with foreign threats. ‘‘(4) REPORT AND BRIEFING.—The joint agreement under paragraph (1) shall specify that— ‘‘(A) the roundtable shall periodically organize workshops and issue publicly available reports on the topics described in paragraph (3) and the activi- ties of the roundtable; ‘‘(B) not later than March 1, 2020, the Academies shall provide a briefing to the relevant committees on the progress and activities of the roundtable; and ‘‘(C) the Academies shall issue a final report on its activities to the relevant committees before the end of fiscal year 2024. ‘‘(5) TERMINATION.—The roundtable shall terminate on September 30, 2024. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘Academies’ means the National Academies of Science, Engineering and Medicine. ‘‘(2) The term ‘Federal science agency’ means any Federal agency with at least $100,000,000 in basic and applied research obligations in fiscal year 2018. ‘‘(3) The term ‘grantee’ means an entity that is— ‘‘(A) a recipient or subrecipient of a Federal grant or cooperative agreement; and ‘‘(B) an institution of higher education or a non- profit organization. ‘‘(4) The term ‘relevant committees’ means— ‘‘(A) the Committee on Science, Space, and Tech- nology of the House of Representatives; ‘‘(B) the Committee on Commerce, Science, and Transportation of the Senate; ‘‘(C) the Committee on Armed Services of the House of Representatives; ‘‘(D) the Committee on Armed Services of the Senate; and ‘‘(E) the Committee on Homeland Security and Governmental Affairs of the Senate.’’ PHYSICAL SCIENCES COORDINATION Pub. L. 114–329, title I, § 106, Jan. 6, 2017, 130 Stat. 2985, provided that: ‘‘(a) HIGH-ENERGY PHYSICS.— ‘‘(1) IN GENERAL.—The Physical Science Sub- committee of the National Science and Technology Page 6842 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 Council (referred to in this section as ‘Sub- committee’) shall continue to coordinate Federal ef- forts related to high-energy physics research to maxi- mize the efficiency and effectiveness of United States investment in high-energy physics. ‘‘(2) PURPOSES.—The purposes of the Subcommittee include— ‘‘(A) to advise and assist the Committee on Science and the National Science and Technology Council on United States policies, procedures, and plans in the physical sciences, including high-en- ergy physics; and ‘‘(B) to identify emerging opportunities, stimu- late international cooperation, and foster the devel- opment of the physical sciences in the United States, including— ‘‘(i) in high-energy physics research, including related underground science and engineering re- search; ‘‘(ii) in physical infrastructure and facilities; ‘‘(iii) in information and analysis; and ‘‘(iv) in coordination activities. ‘‘(3) RESPONSIBILITIES.—In regard to coordinating Federal efforts related to high-energy physics re- search, the Subcommittee shall, taking into account the findings and recommendations of relevant advi- sory committees— ‘‘(A) provide recommendations on planning for construction and stewardship of large facilities par- ticipating in high-energy physics; ‘‘(B) provide recommendations on research co- ordination and collaboration among the programs and activities of Federal agencies related to under- ground science, neutrino research, dark energy, and dark matter research; ‘‘(C) establish goals and priorities for high-energy physics, related underground science, and research and development that will strengthen United States competitiveness in high-energy physics; ‘‘(D) propose methods for engagement with inter- national, Federal, and State agencies and Federal laboratories not represented on the National Science and Technology Council to identify and re- duce regulatory, logistical, and fiscal barriers that inhibit United States leadership in high-energy physics and related underground science; and ‘‘(E) develop, and update as necessary, a strategic plan to guide Federal programs and activities in support of high-energy physics research, includ- ing— ‘‘(i) the efforts taken in support of paragraph (2) since the last strategic plan; ‘‘(ii) an evaluation of the current research needs for maintaining United States leadership in high- energy physics; and ‘‘(iii) an identification of future priorities in the area of high-energy physics. ‘‘(b) RADIATION BIOLOGY.— ‘‘(1) IN GENERAL.—The Subcommittee shall continue to coordinate Federal efforts related to radiation bi- ology research to maximize the efficiency and effec- tiveness of United States investment in radiation bi- ology. ‘‘(2) RESPONSIBILITIES FOR RADIATION BIOLOGY.—In regard to coordinating Federal efforts related to radi- ation biology research, the Subcommittee shall— ‘‘(A) advise and assist the National Science and Technology Council on policies and initiatives in radiation biology, including enhancing scientific knowledge of the effects of low dose radiation on bi- ological systems to improve radiation risk manage- ment methods; ‘‘(B) identify opportunities to stimulate inter- national cooperation and leverage research and knowledge from sources outside of the United States; ‘‘(C) ensure coordination between the Department of Energy Office of Science, [National Science] Foundation, National Aeronautics and Space Ad- ministration, National Institutes of Health, Envi- ronmental Protection Agency, Department of De- fense, Nuclear Regulatory Commission, and Depart- ment of Homeland Security; ‘‘(D) identify ongoing scientific challenges for un- derstanding the long-term effects of ionizing radi- ation on biological systems; and ‘‘(E) formulate overall scientific goals for the fu- ture of low-dose radiation research in the United States. ‘‘(c) FUSION ENERGY SCIENCES.— ‘‘(1) IN GENERAL.—The Subcommittee shall continue to coordinate Federal efforts related to fusion energy research to maximize the efficiency and effectiveness of United States investment in fusion energy sciences. ‘‘(2) RESPONSIBILITIES FOR FUSION ENERGY SCIENCES.—In regard to coordinating Federal efforts related to fusion energy sciences, the Subcommittee shall— ‘‘(A) advise and assist the National Science and Technology Council on policies and initiatives in fusion energy sciences, including enhancing sci- entific knowledge of fusion energy science, plasma physics, and related materials sciences; ‘‘(B) identify opportunities to stimulate inter- national cooperation and leverage research and knowledge from sources outside of the United States, including the ITER project; ‘‘(C) ensure coordination between the Department of Energy Office of Science, National Nuclear Secu- rity Administration, Advanced Research Projects Agency-Energy, National Aeronautics and Space Administration, [National Science] Foundation, and Department of Defense regarding fusion energy sciences and plasma physics; and ‘‘(D) formulate overall scientific goals for the fu- ture of fusion energy sciences and plasma physics.’’ Executive Documents 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 Con- stitution and laws of the United States of America, in- cluding 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], Sec- tion 301 of Title 3 of the United States Code, and Sec- tion 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 func- tions, 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 Pri- orities 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, Engi- neering 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, Gov- ernment Organization and Employees], are hereby ef- fective. Page 6843 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 SEC. 2. (a) The intergovernmental science, engineer- ing, 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 dele- gated to the Director of the Office of Science and Tech- nology Policy; Except that, the responsibility for fos- tering any policies to facilitate the transfer and utili- zation of research and development results is delegated to the Director of the Office of Management and Budg- et. (b) The functions vested by subsection (a) of this Sec- tion in the Director of the Office of Management and Budget shall be performed in accord with the Director’s responsibilities under the Intergovernmental Coopera- tion 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 Direc- tor of the Office of Management and Budget with re- spect to the needs of State, regional, and local govern- ments which may be assisted by the utilization of science, engineering, and technology research and de- velopment results. (c) The functions vested by subsection (a) of this Sec- tion in the Director of the Office of Science and Tech- nology 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 tech- nology functions under Section 303 (a) and (b)(1) of the Act (42 U.S.C. 6633 (a) and (b)(1)), which were trans- ferred 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 Co- ordinating Council for Science, Engineering, and Tech- nology. 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 ap- propriate individual to serve on the Council. The Coun- cil 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 unex- pended balances of appropriations, available or to be made available, which relate to the functions trans- ferred, reassigned, or redelegated by this Order are hereby transferred to the Director of the Office of Man- agement 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 or- ders, 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. 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 Ad- visors 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, § 4(c), Nov. 23, 1993, 58 F.R. 62493. Ex. Ord. No. 12869, Sept. 30, 1993, § 2, 58 F.R. 51751, formerly set out as a note under section 1013 of Title 5, Government Organi- zation and Employees, which reestablished the Presi- dent’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 re- voked by Ex. Ord. 12882, § 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, § 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 Na- tional 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 Budg- et; (m) Administrator, Environmental Protection Agency; (n) Assistant to the President for Science and Tech- nology; (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 meet- ings of the Council. The President shall preside over the meetings of the Council, provided that in his ab- sence the Vice President, and in his absence the Assist- ant, will preside. SEC. 4. Functions. (a) The principal functions of the Council are, to the extent permitted by law: (1) to co- ordinate the science and technology policy-making process; (2) to ensure science and technology policy de- cisions and programs are consistent with the Presi- dent’s stated goals; (3) to help integrate the President’s science and technology policy agenda across the Fed- eral Government; (4) to ensure science and technology are considered in development and implementation of Federal policies and programs; and (5) to further inter- national cooperation in science and technology. The Assistant may take such actions, including drafting a Charter, as may be necessary or appropriate to imple- ment 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 rec- ommendations 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’ re- search and development budget submissions. Page 6844 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 (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 Manage- ment 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 re- sources, including, but not limited to, personnel, office support, and printing, available to the Council as re- quested by the Assistant. (d) All executive departments and agencies shall co- operate 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, § 4(c), Sept. 30, 2001, 66 F.R. 50524, for- merly set out below. EXECUTIVE ORDER NO. 12975 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, which pro- vided for the protection of human research subjects and created the National Bioethics Advisory Commission, was revoked by Ex. Ord. No. 13316, § 3(b), Sept. 17, 2003, 68 F.R. 55256, eff. Sept. 30, 2003. EXECUTIVE ORDER NO. 13226 Ex. Ord. No. 13226, Sept. 30, 2001, 66 F.R. 50523, as amended by Ex. Ord. No. 13305, May 28, 2003, 68 F.R. 32323; Ex. Ord. No. 13349, July 23, 2004, 69 F.R. 44891; Ex. Ord. No. 13385, § 8, Sept. 29, 2005, 70 F.R. 57991, which es- tablished the President’s Council of Advisors on Science and Technology, was revoked by Ex. Ord. No. 13539, § 6, Apr. 21, 2010, 75 F.R. 21975, formerly set out below. EXTENSION OF TERM OF PRESIDENT’S COUNCIL OF ADVISORS ON SCIENCE AND TECHNOLOGY Term of President’s Council of Advisors on Science and Technology extended until Sept. 30, 2011, by Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. Previous extensions of term of President’s Council of Advisors on Science and Technology were contained in the following prior Executive Orders: Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, ex- tended term until Sept. 30, 2009. Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, ex- tended term until Sept. 30, 2007. EXECUTIVE ORDER NO. 13237 Ex. Ord. No. 13237, Nov. 28, 2001, 66 F.R. 59851, which created the President’s Council on Bioethics, was su- perseded by Ex. Ord. No. 13521, § 6(a), Nov. 24, 2009, 74 F.R. 62672, set out below. EXTENSION OF TERM OF PRESIDENT’S COUNCIL ON BIOETHICS Term of President’s Council on Bioethics extended until Sept. 30, 2009, by Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, formerly set out as a note under section 1013 of Title 5, Government Organization and Employ- ees. Previous extensions of term of President’s Council on Bioethics were contained in the following prior Execu- tive Orders: Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, ex- tended term until Sept. 30, 2007. Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, ex- tended term until Sept. 30, 2005. EX. ORD. NO. 13521. ESTABLISHING THE PRESIDENTIAL COMMISSION FOR THE STUDY OF BIOETHICAL ISSUES Ex. Ord. No. 13521, Nov. 24, 2009, 74 F.R. 62671, pro- vided: 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 within the Department of Health and Human Services the Presidential Commission for the Study of Bioethical Issues (Commission). SEC. 2. Mission. (a) The Commission shall advise the President on bio- ethical issues that may emerge as a consequence of ad- vances in biomedicine and related areas of science and technology. The Commission shall pursue its work with the goal of identifying and promoting policies and prac- tices that ensure scientific research, healthcare deliv- ery, and technological innovation are conducted in an ethically responsible manner. To achieve this goal, the Commission shall: (i) identify and examine specific bioethical, legal, and social issues related to the potential impacts of ad- vances in biomedical and behavioral research, healthcare delivery, or other areas of science and tech- nology; (ii) recommend any legal, regulatory, or policy ac- tions it deems appropriate to address these issues; and (iii) critically examine diverse perspectives and ex- plore possibilities for useful international collabora- tion on these issues. (b) In support of its mission, the Commission may ex- amine issues linked to specific technologies, including but not limited to the creation of stem cells by novel means; intellectual property issues involving genetic sequencing, biomarkers, and other screening tests used for risk assessment; and the application of neuro- and robotic sciences. It may also examine broader issues not linked to specific technologies, including but not limited to the protection of human research partici- pants; scientific integrity and conflicts of interest in research; and the intersection of science and human rights. (c) The Commission shall not be responsible for the review and approval of specific projects. (d) The Commission may accept suggestions of issues for consideration from executive departments and agencies and the public as it deems appropriate in sup- port of its mission. (e) In establishing priorities for its activities, the Commission shall consider, among other things, the significance of particular issues; the need for legal, reg- ulatory, and policy guidance with respect to such issues; the connection of the issues to the goal of Fed- eral advancement of science and technology; and the availability of other appropriate entities or fora for de- liberating on the issues. (f) The Commission is authorized to conduct original empirical and conceptual research, commission papers and studies, hold hearings, and establish committees and subcommittees, as necessary. The Commission is authorized to develop reports or other materials. SEC. 3. Membership. (a) The Commission shall be an expert panel com- posed of not more than 13 members appointed by the President, drawn from the fields of bioethics, science, medicine, technology, engineering, law, philosophy, theology, or other areas of the humanities or social sciences, at least one and not more than three of whom may be bioethicists or scientists drawn from the execu- tive branch, as designated by the President. (b) The President shall designate a Chair and Vice Chair from among the members of the Commission. Page 6845 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 The Chair shall convene and preside at meetings of the Commission, determine its agenda, and direct its work. The Vice Chair shall perform the duties of the Chair in the absence or disability of the Chair and shall perform such other functions as the Chair may from time to time assign. (c) Members shall serve for a term of 2 years and shall be eligible for reappointment. Members may continue to serve after the expiration of their terms until the appointment of a successor. SEC. 4. Administration. (a) The Department of Health and Human Services shall provide funding and administrative support for the Commission to the extent permitted by law and within existing appropriations. (b) All executive departments and agencies and all entities within the Executive Office of the President shall provide information and assistance to the Com- mission as the Chair may request for purposes of car- rying out the Commission’s functions, to the extent permitted by law. (c) The Commission shall have a staff headed by an Executive Director, who shall be appointed by the Sec- retary of Health and Human Services in consultation with the Chair and Vice Chair. (d) Members of the Commission shall serve without compensation, but shall be allowed travel expenses, in- cluding per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Govern- ment service (5 U.S.C. 5701–5707), consistent with the availability of funds. SEC. 5. Termination. The Commission shall terminate 2 years after the date of this order unless extended by the President. SEC. 6. General Provisions. (a) This order supersedes Executive Order 13237 of No- vember 28, 2001. (b) Insofar as the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], may apply to the Commission, 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. (c) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive depart- ment, agency, or the head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (d) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. EXTENSION OF TERM OF PRESIDENTIAL COMMISSION FOR THE STUDY OF BIOETHICAL ISSUES Term of Presidential Commission for the Study of Bioethical Issues extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. Previous extensions of term of Presidential Commis- sion for the Study of Bioethical Issues were contained in the following prior Executive Orders: Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, ex- tended term until Sept. 30, 2015. Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, ex- tended term until Sept. 30, 2013. EXECUTIVE ORDER NO. 13539 Ex. Ord. No. 13539, Apr. 21, 2010, 75 F.R. 21973, as amended by Ex. Ord. No. 13596, § 2, Dec. 19, 2011, 76 F.R. 80725, which established the President’s Council of Ad- visors on Science and Technology, was revoked by Ex. Ord. No. 13895, § 7, Oct. 22, 2019, 84 F.R. 57311, formerly set out below. EXTENSION OF TERM OF PRESIDENT’S COUNCIL OF ADVISORS ON SCIENCE AND TECHNOLOGY Term of President’s Council of Advisors on Science and Technology (established by Ex. Ord. No. 13539) ex- tended until Sept. 30, 2021, by Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. Previous extensions of term of President’s Council of Advisors on Science and Technology were contained in the following prior Executive Orders: Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, ex- tended term until Sept. 30, 2019. Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, ex- tended term until Sept. 30, 2017. Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, ex- tended term until Sept. 30, 2015. Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, ex- tended term until Sept. 30, 2013. EX. ORD. NO. 13859. MAINTAINING AMERICAN LEADERSHIP IN ARTIFICIAL INTELLIGENCE Ex. Ord. No. 13859, Feb. 11, 2019, 84 F.R. 3967, 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. Policy and Principles. Artificial Intelligence (AI) promises to drive growth of the United States economy, enhance our economic and national security, and improve our quality of life. The United States is the world leader in AI research and development (R&D) and deployment. Continued American leadership in AI is of paramount importance to maintaining the eco- nomic and national security of the United States and to shaping the global evolution of AI in a manner con- sistent with our Nation’s values, policies, and prior- ities. The Federal Government plays an important role in facilitating AI R&D, promoting the trust of the American people in the development and deployment of AI-related technologies, training a workforce capable of using AI in their occupations, and protecting the American AI technology base from attempted acquisi- tion by strategic competitors and adversarial nations. Maintaining American leadership in AI requires a con- certed effort to promote advancements in technology and innovation, while protecting American technology, economic and national security, civil liberties, privacy, and American values and enhancing international and industry collaboration with foreign partners and allies. It is the policy of the United States Government to sus- tain and enhance the scientific, technological, and eco- nomic leadership position of the United States in AI R&D and deployment through a coordinated Federal Government strategy, the American AI Initiative (Ini- tiative), guided by five principles: (a) The United States must drive technological breakthroughs in AI across the Federal Government, industry, and academia in order to promote scientific discovery, economic competitiveness, and national se- curity. (b) The United States must drive development of ap- propriate technical standards and reduce barriers to the safe testing and deployment of AI technologies in order to enable the creation of new AI-related indus- tries and the adoption of AI by today’s industries. (c) The United States must train current and future generations of American workers with the skills to de- velop and apply AI technologies to prepare them for to- day’s economy and jobs of the future. (d) The United States must foster public trust and confidence in AI technologies and protect civil lib- erties, privacy, and American values in their applica- tion in order to fully realize the potential of AI tech- nologies for the American people. Page 6846 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 (e) The United States must promote an international environment that supports American AI research and innovation and opens markets for American AI indus- tries, while protecting our technological advantage in AI and protecting our critical AI technologies from ac- quisition by strategic competitors and adversarial na- tions. SEC. 2. Objectives. Artificial Intelligence will affect the missions of nearly all executive departments and agencies (agencies). Agencies determined to be imple- menting agencies pursuant to section 3 of this order shall pursue six strategic objectives in furtherance of both promoting and protecting American advance- ments in AI: (a) Promote sustained investment in AI R&D in col- laboration with industry, academia, international part- ners and allies, and other non-Federal entities to gen- erate technological breakthroughs in AI and related technologies and to rapidly transition those break- throughs into capabilities that contribute to our eco- nomic and national security. (b) Enhance access to high-quality and fully trace- able Federal data, models, and computing resources to increase the value of such resources for AI R&D, while maintaining safety, security, privacy, and confiden- tiality protections consistent with applicable laws and policies. (c) Reduce barriers to the use of AI technologies to promote their innovative application while protecting American technology, economic and national security, civil liberties, privacy, and values. (d) Ensure that technical standards minimize vulner- ability to attacks from malicious actors and reflect Federal priorities for innovation, public trust, and pub- lic confidence in systems that use AI technologies; and develop international standards to promote and protect those priorities. (e) Train the next generation of American AI re- searchers and users through apprenticeships; skills pro- grams; and education in science, technology, engineer- ing, and mathematics (STEM), with an emphasis on computer science, to ensure that American workers, in- cluding Federal workers, are capable of taking full ad- vantage of the opportunities of AI. (f) Develop and implement an action plan, in accord- ance with the National Security Presidential Memo- randum of February 11, 2019 (Protecting the United States Advantage in Artificial Intelligence and Related Critical Technologies) (the NSPM) to protect the ad- vantage of the United States in AI and technology crit- ical to United States economic and national security interests against strategic competitors and foreign ad- versaries. SEC. 3. Roles and Responsibilities. The Initiative shall be coordinated through the National Science and Tech- nology Council (NSTC) Select Committee on Artificial Intelligence (Select Committee). Actions shall be im- plemented by agencies that conduct foundational AI R&D, develop and deploy applications of AI tech- nologies, provide educational grants, and regulate and provide guidance for applications of AI technologies, as determined by the co-chairs of the NSTC Select Com- mittee (implementing agencies). SEC. 4. Federal Investment in AI Research and Develop- ment. (a) Heads of implementing agencies that also perform or fund R&D (AI R&D agencies), shall consider AI as an agency R&D priority, as appropriate to their respective agencies’ missions, consistent with applicable law and in accordance with the Office of Management and Budget (OMB) and the Office of Science and Technology Policy (OSTP) R&D priorities memoranda. Heads of such agencies shall take this priority into account when developing budget proposals and planning for the use of funds in Fiscal Year 2020 and in future years. Heads of these agencies shall also consider appropriate administrative actions to increase focus on AI for 2019. (b) Heads of AI R&D agencies shall budget an amount for AI R&D that is appropriate for this prioritization. (i) Following the submission of the President’s Budg- et request to the Congress, heads of such agencies shall communicate plans for achieving this prioritization to the OMB Director and the OSTP Director each fiscal year through the Networking and Information Tech- nology Research and Development (NITRD) Program. (ii) Within 90 days of the enactment of appropriations for their respective agencies, heads of such agencies shall identify each year, consistent with applicable law, the programs to which the AI R&D priority will apply and estimate the total amount of such funds that will be spent on each such program. This information shall be communicated to the OMB Director and OSTP Director each fiscal year through the NITRD Program. (c) To the extent appropriate and consistent with ap- plicable law, heads of AI R&D agencies shall explore opportunities for collaboration with non-Federal enti- ties, including: the private sector; academia; non-profit organizations; State, local, tribal, and territorial gov- ernments; and foreign partners and allies, so all col- laborators can benefit from each other’s investment and expertise in AI R&D. SEC. 5. Data and Computing Resources for AI Research and Development. (a) Heads of all agencies shall review their Federal data and models to identify opportunities to increase access and use by the greater non-Federal AI research community in a manner that benefits that community, while protecting safety, security, privacy, and con- fidentiality. Specifically, agencies shall improve data and model inventory documentation to enable dis- covery and usability, and shall prioritize improvements to access and quality of AI data and models based on the AI research community’s user feedback. (i) Within 90 days of the date of this order [Feb. 11, 2019], the OMB Director shall publish a notice in the Federal Register inviting the public to identify addi- tional requests for access or quality improvements for Federal data and models that would improve AI R&D and testing. Additionally, within 90 days of the date of this order, OMB, in conjunction with the Select Com- mittee, shall investigate barriers to access or quality limitations of Federal data and models that impede AI R&D and testing. Collectively, these actions by OMB will help to identify datasets that will facilitate non- Federal AI R&D and testing. (ii) Within 120 days of the date of this order, OMB, in- cluding through its interagency councils and the Select Committee, shall update implementation guidance for Enterprise Data Inventories and Source Code Inven- tories to support discovery and usability in AI R&D. (iii) Within 180 days of the date of this order, and in accordance with the implementation of the Cross-Agen- cy Priority Goal: Leveraging Federal Data as a Stra- tegic Asset, from the March 2018 President’s Manage- ment Agenda, agencies shall consider methods of im- proving the quality, usability, and appropriate access to priority data identified by the AI research commu- nity. Agencies shall also identify any associated re- source implications. (iv) In identifying data and models for consideration for increased public access, agencies, in coordination with the Senior Agency Officials for Privacy estab- lished pursuant to Executive Order 13719 of February 9, 2016 (Establishment of the Federal Privacy Council) [42 U.S.C. 2000ee–2 note], the heads of Federal statistical entities, Federal program managers, and other relevant personnel shall identify any barriers to, or require- ments associated with, increased access to and use of such data and models, including: (A) privacy and civil liberty protections for individ- uals who may be affected by increased access and use, as well as confidentiality protections for individuals and other data providers; (B) safety and security concerns, including those related to the association or compilation of data and models; (C) data documentation and formatting, including the need for interoperable and machine-readable data formats; (D) changes necessary to ensure appropriate data and system governance; and Page 6847 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 (E) any other relevant considerations. (v) In accordance with the President’s Management Agenda and the Cross-Agency Priority Goal: Leveraging Data as a Strategic Asset, agencies shall identify opportunities to use new technologies and best practices to increase access to and usability of open data and models, and explore appropriate controls on access to sensitive or restricted data and models, con- sistent with applicable laws and policies, privacy and confidentiality protections, and civil liberty protec- tions. (b) The Secretaries of Defense, Commerce, Health and Human Services, and Energy, the Administrator of the National Aeronautics and Space Administration, and the Director of the National Science Foundation shall, to the extent appropriate and consistent with applica- ble law, prioritize the allocation of high-performance computing resources for AI-related applications through: (i) increased assignment of discretionary allocation of resources and resource reserves; or (ii) any other appropriate mechanisms. (c) Within 180 days of the date of this order, the Se- lect Committee, in coordination with the General Serv- ices Administration (GSA), shall submit a report to the President making recommendations on better enabling the use of cloud computing resources for federally fund- ed AI R&D. (d) The Select Committee shall provide technical ex- pertise to the American Technology Council on matters regarding AI and the modernization of Federal tech- nology, data, and the delivery of digital services, as ap- propriate. SEC. 6. Guidance for Regulation of AI Applications. (a) Within 180 days of the date of this order, the OMB Director, in coordination with the OSTP Director, the Director of the Domestic Policy Council, and the Direc- tor of the National Economic Council, and in consulta- tion with any other relevant agencies and key stake- holders as the OMB Director shall determine, shall issue a memorandum to the heads of all agencies that shall: (i) inform the development of regulatory and non-reg- ulatory approaches by such agencies regarding tech- nologies and industrial sectors that are either empow- ered or enabled by AI, and that advance American inno- vation while upholding civil liberties, privacy, and American values; and (ii) consider ways to reduce barriers to the use of AI technologies in order to promote their innovative ap- plication while protecting civil liberties, privacy, American values, and United States economic and na- tional security. (b) To help ensure public trust in the development and implementation of AI applications, OMB shall issue a draft version of the memorandum for public comment before it is finalized. (c) Within 180 days of the date of the memorandum described in subsection (a) of this section, the heads of implementing agencies that also have regulatory au- thorities shall review their authorities relevant to ap- plications of AI and shall submit to OMB plans to achieve consistency with the memorandum. (d) Within 180 days of the date of this order, the Sec- retary of Commerce, through the Director of the Na- tional Institute of Standards and Technology (NIST), shall issue a plan for Federal engagement in the devel- opment of technical standards and related tools in sup- port of reliable, robust, and trustworthy systems that use AI technologies. NIST shall lead the development of this plan with participation from relevant agencies as the Secretary of Commerce shall determine. (i) Consistent with OMB Circular A–119, this plan shall include: (A) Federal priority needs for standardization of AI systems development and deployment; (B) identification of standards development entities in which Federal agencies should seek membership with the goal of establishing or supporting United States technical leadership roles; and (C) opportunities for and challenges to United States leadership in standardization related to AI technologies. (ii) This plan shall be developed in consultation with the Select Committee, as needed, and in consultation with the private sector, academia, non-governmental entities, and other stakeholders, as appropriate. SEC. 7. AI and the American Workforce. (a) Heads of implementing agencies that also provide educational grants shall, to the extent consistent with applicable law, consider AI as a priority area within ex- isting Federal fellowship and service programs. (i) Eligible programs for prioritization shall give pref- erence to American citizens, to the extent permitted by law, and shall include: (A) high school, undergraduate, and graduate fel- lowship; alternative education; and training pro- grams; (B) programs to recognize and fund early-career university faculty who conduct AI R&D, including through Presidential awards and recognitions; (C) scholarship for service programs; (D) direct commissioning programs of the United States Armed Forces; and (E) programs that support the development of in- structional programs and curricula that encourage the integration of AI technologies into courses in order to facilitate personalized and adaptive learning experiences for formal and informal education and training. (ii) Agencies shall annually communicate plans for achieving this prioritization to the co-chairs of the Se- lect Committee. (b) Within 90 days of the date of this order, the Select Committee shall provide recommendations to the NSTC Committee on STEM Education regarding AI-re- lated educational and workforce development consider- ations that focus on American citizens. (c) The Select Committee shall provide technical ex- pertise to the National Council for the American Work- er on matters regarding AI and the American work- force, as appropriate. SEC. 8. Action Plan for Protection of the United States Advantage in AI Technologies. (a) As directed by the NSPM, the Assistant to the President for National Security Affairs, in coordina- tion with the OSTP Director and the recipients of the NSPM, shall organize the development of an action plan to protect the United States advantage in AI and AI technology critical to United States economic and national security interests against strategic competi- tors and adversarial nations. (b) The action plan shall be provided to the President within 120 days of the date of this order, and may be classified in full or in part, as appropriate. (c) Upon approval by the President, the action plan shall be implemented by all agencies who are recipients of the NSPM, for all AI-related activities, including those conducted pursuant to this order. SEC. 9. Definitions. As used in this order: (a) the term ‘‘artificial intelligence’’ means the full extent of Federal investments in AI, to include: R&D of core AI techniques and technologies; AI prototype sys- tems; application and adaptation of AI techniques; ar- chitectural and systems support for AI; and cyberinfrastructure, data sets, and standards for AI; and (b) the term ‘‘open data’’ shall, in accordance with OMB Circular A–130 and memorandum M–13–13, mean ‘‘publicly available data structured in a way that en- ables the data to be fully discoverable and usable by end users.’’ SEC. 10. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. Page 6848 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. EXECUTIVE ORDER NO. 13895 Ex. Ord. No. 13895, Oct. 22, 2019, 84 F.R. 57309, which established the President’s Council of Advisors on Science and Technology, was revoked by Ex. Ord. No. 14007, § 6, Jan. 27, 2021, 86 F.R. 7616, set out below. EX. ORD. NO. 14007. PRESIDENT’S COUNCIL OF ADVISORS ON SCIENCE AND TECHNOLOGY Ex. Ord. No. 14007, Jan. 27, 2021, 86 F.R. 7615, as amended by Ex. Ord. No. 14044, Sept. 13, 2021, 86 F.R. 51579, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish an advisory council on science, technology, and innovation, it is hereby or- dered as follows: SECTION 1. Policy. As directed in the Presidential Memorandum of January 27, 2021 (Scientific Integrity and Evidence-Based Policymaking) [set out below], it is the policy of my Administration to make evidence- based decisions guided by the best available science and data. Officials and employees across my Administra- tion shall seek from scientists, engineers, and other ex- perts the best available scientific and technological in- formation and advice. SEC. 2. Establishment. (a) There is hereby established the President’s Council of Advisors on Science and Technology (PCAST). (b) The PCAST shall be composed of not more than 32 members. The Assistant to the President for Science and Technology (the ‘‘Science Advisor’’) shall be a member of the PCAST. The Science Advisor, if also serving as the Director of the Office of Science and Technology Policy, may designate the U.S. Chief Tech- nology Officer as a member. The remaining members shall be distinguished individuals and representatives from sectors outside of the Federal Government ap- pointed by the President. These non-Federal members shall have diverse perspectives and expertise in science, technology, and innovation. (c) The Science Advisor shall serve as a Co-Chair of the PCAST. The President shall also designate at least one, but not more than two, of the non-Federal mem- bers to serve as a Co-Chair, or Co-Chairs, of the PCAST with the Science Advisor. The Science Advisor may designate up to three Vice Chairs of the PCAST from among the non-Federal members of the PCAST, to sup- port the Co-Chairs in the leadership and organization of the PCAST. SEC. 3. Functions. (a) The PCAST shall advise the President on matters involving policy affecting science, technology, and innovation, as well as on mat- ters involving scientific and technological information that is needed to inform public policy relating to the economy, worker empowerment, education, energy, the environment, public health, national and homeland se- curity, racial equity, and other topics. (b) The PCAST shall meet regularly and shall: (i) respond to requests from the President or the Science Advisor for information, analysis, evaluation, or advice; (ii) solicit information and ideas from a broad range of stakeholders, including the research community; the private sector; universities; national laboratories; State, local, and Tribal governments; foundations; and nonprofit organizations; (iii) serve as the advisory committee identified in section 101(b) of the High-Performance Computing Act of 1991 (Public Law 102–194), as amended (15 U.S.C. 5511(b)), in which capacity the PCAST shall be known as the President’s Innovation and Technology Advisory Committee; and (iv) serve as the advisory panel identified in section 4 of the 21st Century Nanotechnology Research and De- velopment Act (Public Law 108–153), as amended (15 U.S.C. 7503), in which capacity the PCAST shall be known as the National Nanotechnology Advisory Panel. (c) The PCAST shall provide advice from the non- Federal sector to the National Science and Technology Council (NSTC) in response to requests from the NSTC. SEC. 4. Administration. (a) The heads of executive de- partments and agencies shall, to the extent permitted by law, provide the PCAST with information con- cerning scientific and technological matters when re- quested by the PCAST Co-Chairs and as required for the purpose of carrying out the PCAST’s functions. (b) In consultation with the Science Advisor, the PCAST is authorized to create standing subcommittees and ad hoc groups, including technical advisory groups, to assist the PCAST and provide preliminary informa- tion directly to the PCAST. (c) In order to allow the PCAST to provide advice and analysis regarding classified matters, the Science Advi- sor may request that members of the PCAST, its stand- ing subcommittees, or ad hoc groups, who do not hold a current clearance for access to classified information, receive security clearance and access determinations pursuant to Executive Order 12968 of August 2, 1995 (Ac- cess to Classified Information) [50 U.S.C. 3161 note], as amended, or any successor order. (d) The Department of Energy shall provide such funding and administrative and technical support as the PCAST may require, to the extent permitted by law and within existing appropriations. (e) Members of the PCAST shall serve without any compensation for their work on the PCAST, but may receive 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). (f) Insofar as the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], may apply to the PCAST, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Secretary of Energy, in accordance with the guidelines and proce- dures established by the Administrator of General Services. SEC. 5. Termination. The PCAST shall terminate 2 years from the date of this order [Jan. 27, 2021] unless extended by the President. SEC. 6. Revocation. Executive Order 13895 of October 22, 2019 (President’s Council of Advisors on Science and Technology) [formerly set out above], is hereby re- voked. SEC. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. EXTENSION OF TERM OF PRESIDENT’S COUNCIL OF ADVISORS ON SCIENCE AND TECHNOLOGY Term of President’s Council of Advisors on Science and Technology (established by Ex. Ord. No. 14007) ex- tended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employ- ees. Page 6849 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 Previous extension of term of President’s Council of Advisors on Science and Technology (established by Ex. Ord. No. 14007) was contained in the following prior Ex- ecutive Order: Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, ex- tended term until Sept. 30, 2023. 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 Attor- ney General, the Secretary of Agriculture, the Sec- retary of Commerce, the Secretary of Labor, the Sec- retary 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 Di- rector of Central Intelligence, the Administrator of the Environmental Protection Agency, the Administrator of the Agency for International Development, the Ad- ministrator of the National Aeronautics and Space Ad- ministration, the Director of the National Science Foundation, the Chair of the Nuclear Regulatory Com- mission, the Director of the Office of Science and Tech- nology Policy, [and] the Chair of the Consumer Product Safety Commission I have worked hard to restore trust and ensure open- ness in government. This memorandum will further our progress toward these goals by strengthening the Fed- eral Government’s protections for human subjects of classified research. In January 1994, I established the Advisory Com- mittee on Human Radiation Experiments (the ‘‘Advi- sory Committee’’) to examine reports that the govern- ment had funded and conducted unethical human radi- ation experiments during the Cold War [see Ex. Ord. No. 12891, formerly set out as a note under section 2210 of this title]. I directed the Advisory Committee to un- cover 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 rec- ommended, among other things, that the government modify its policy governing classified research on human subjects (‘‘Recommendations for Balancing Na- tional Security Interests and the Rights of the Public,’’ Recommendation 15, Final Report, Advisory Com- mittee on Human Radiation Experiments). This memo- randum 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 govern- ment 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 open- ness in science and in government, deserve special pro- tections.’’ 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 clas- sified research projects the agency conducting or spon- soring 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 non- governmental experts and citizen representatives, all with the necessary security clearances’’ that reviews scientific merit, risk-benefit tradeoffs, and ensures sub- jects have enough information to make informed deci- sions to give valid consent; and —maintain permanent records of the panel’s delibera- tions and consent procedures. This memorandum implements these recommenda- tions with some modifications. For classified research, it prohibits waiver of informed consent and requires re- searchers 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 re- quires permanent recordkeeping. The memorandum also responds to the Advisory Committee’s call for a special review process for classi- fied human subjects research. It requires that institu- tional review boards for secret projects include a non- governmental member, and establishes an appeals proc- ess 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 re- quires the heads of Federal agencies to disclose annu- ally the number of secret human research projects un- dertaken 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 en- suring 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 re- search 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 po- tential subjects when consent is sought from subjects: (i) the identity of the sponsoring Federal agency. Ex- ceptions are allowed if the head of the sponsoring agen- cy 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 Cen- tral 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 Pol- icy. (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 institu- tion,’’ as a nongovernmental member with the appro- priate security clearance. (ii) Under the Common Rule, research projects are ap- proved by the IRB if a ‘‘majority of those (IRB) mem- Page 6850 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 bers 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 ma- jority 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 in- formation to make a valid informed consent decision. 2. Final Rules. Agencies shall, within 1 year, after con- sidering 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 re- search 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 [former] Executive Order 12958. 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 re- search 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 proce- dural, 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. RESTORING TRUST IN GOVERNMENT THROUGH SCIENTIFIC INTEGRITY AND EVIDENCE-BASED POLICYMAKING Memorandum of President of the United States, Jan. 27, 2021, 86 F.R. 8845, provided: Memorandum for the Heads of Executive Depart- ments and Agencies It is the policy of my Administration to make evi- dence-based decisions guided by the best available science and data. Scientific and technological informa- tion, data, and evidence are central to the development and iterative improvement of sound policies, and to the delivery of equitable programs, across every area of government. Scientific findings should never be dis- torted or influenced by political considerations. When scientific or technological information is considered in policy decisions, it should be subjected to well-estab- lished scientific processes, including peer review where feasible and appropriate, with appropriate protections for privacy. Improper political interference in the work of Federal scientists or other scientists who support the work of the Federal Government and in the com- munication of scientific facts undermines the welfare of the Nation, contributes to systemic inequities and injustices, and violates the trust that the public places in government to best serve its collective interests. This memorandum reaffirms and builds on the Presi- dential Memorandum of March 9, 2009 (Scientific Integ- rity) [74 F.R. 10671], and the Director of the Office of Science and Technology Policy’s Memorandum of De- cember 17, 2010 (Scientific Integrity). By the authority vested in me as President by the Constitution and the laws of the United States of America, I direct as follows: SECTION 1. Role of the Director of the Office of Science and Technology Policy. The Director of the Office of Science and Technology Policy (Director) shall ensure the highest level of integrity in all aspects of executive branch involvement with scientific and technological processes. This responsibility shall include ensuring that executive departments and agencies (agencies) es- tablish and enforce scientific-integrity policies that ban improper political interference in the conduct of scientific research and in the collection of scientific or technological data, and that prevent the suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results. In im- plementing this memorandum, the Director shall, as appropriate, convene and confer with the heads of agen- cies and with personnel within the offices of the Execu- tive Office of the President, including the Office of Management and Budget. SEC. 2. Task Force on Scientific Integrity. (a) The Direc- tor shall convene an interagency task force (the ‘‘Task Force’’) of the National Science and Technology Coun- cil (NSTC) to conduct a thorough review of the effec- tiveness of agency scientific-integrity policies devel- oped since the issuance of the Presidential Memo- randum of March 9, 2009. (b) The Task Force shall complete its review within 120 days of the date of the appointment of its members, and shall take the following actions when completing its review. (i) The Task Force shall ensure its review considers whether existing Federal scientific-integrity policies prevent improper political interference in the con- duct of scientific research and the collection of sci- entific or technological data; prevent the suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results; support scientists and researchers of all genders, races, ethnicities, and backgrounds; and advance the equitable delivery of the Federal Government’s pro- grams. (ii) The Task Force’s review shall include an anal- ysis of any instances in which existing scientific-in- tegrity policies have not been followed or enforced, including whether such deviations from existing poli- cies have resulted in improper political interference in the conduct of scientific research and the collec- tion of scientific or technological data; led to the suppression or distortion of scientific or techno- logical findings, data, information, conclusions, or technical results; disproportionately harmed Federal scientists and researchers from groups that are his- torically underrepresented in science, technology, and related fields; or impeded the equitable delivery of the Federal Government’s programs. The scope of this review shall include the work of scientific and technological advisory committees, boards, and simi- lar bodies. The existing policies examined by this re- view shall include those issued pursuant to the Presi- dential Memorandum of March 9, 2009, and the Direc- tor’s Memorandum of December 17, 2010; any other scientific-integrity policies published on agency websites; and commonly accepted scientific-integrity practices. (iii) The Task Force shall identify effective prac- tices regarding engagement of Federal scientists, as well as contractors working on scientific matters for agencies, with news media and on social media; effec- tive policies that protect scientific independence dur- ing clearance and review, and that avoid improper po- Page 6851 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 litical interference in research or data collection; ef- fective approaches for handling any disagreements about scientific methods and conclusions; effective reporting practices that promote transparency in the implementation of agency scientific-integrity poli- cies and in the handling of any allegations of mis- conduct; effective practices for educating and inform- ing employees and contractors of their rights and re- sponsibilities related to agency scientific-integrity policies; promising opportunities to address gaps in current scientific-integrity policies related to emerg- ing technologies, such as artificial intelligence and machine-learning, and evolving scientific practices, such as citizen science and community-engaged re- search; effective approaches to minimizing conflicts of interest in Federal Government science; and poli- cies that support the professional development of Federal scientists in accordance with, and building on, section IV of the Director’s Memorandum of De- cember 17, 2010. (iv) To inform the review, the Task Force shall gather input from stakeholders and the public regard- ing scientific-integrity practices. The Task Force shall consider obtaining such input through various means, which may include holding a virtual stake- holder summit hosted by the Office of Science and Technology Policy (OSTP), issuing a public request for information, and conducting a virtual listening tour or open forums. (v) Upon the conclusion of its review, the Director shall publish a report on the OSTP website synthe- sizing the Task Force’s findings. The report shall in- clude a description of agencies’ strengths and weak- nesses regarding scientific-integrity policies, as well as a description of best practices and lessons learned. (c) Within 120 days of the publication of the Task Force’s initial 120-day review of existing scientific-in- tegrity policies, the Task Force shall develop a frame- work to inform and support the regular assessment and iterative improvement of agency scientific-integrity policies and practices, to support the Director and OSTP in ensuring that agencies adhere to the prin- ciples of scientific integrity. This framework shall in- clude assessment criteria that OSTP and agencies can use to inform, review, and improve the design and im- plementation of agency scientific-integrity policies. The Director shall publish this framework on the OSTP website. SEC. 3. Agency Scientific-Integrity Policies. (a) Heads of agencies shall ensure that all agency activities associ- ated with scientific and technological processes are conducted in accordance with the 6 principles set forth in section 1 of the Presidential Memorandum of March 9, 2009, and the 4 foundations of scientific integrity in government set forth in part I of the Director’s Memo- randum of December 17, 2010. (b) Heads of agencies shall ensure that their agency scientific-integrity policies reflect the findings in the Task Force report produced under section (2)(b)(v) of this memorandum and apply to all agency employees, regardless of the nature of their appointment, as well as contractors who perform scientific activities for agencies. Heads of agencies shall coordinate with the Director in the development, updating, and implemen- tation of any agency-specific policies or procedures deemed necessary to ensure the integrity of scientific decision-making. The following time frames shall apply when completing the activities described in this sub- section: (i) The head of each agency with an existing sci- entific-integrity policy shall submit an updated pol- icy to the Director within 180 days of the publication of the Task Force’s report. (ii) The head of each agency without an existing scientific-integrity policy shall submit a draft agency scientific-integrity policy to the Director within 180 days of the publication of the Task Force’s report. (iii) The Director shall expeditiously review sci- entific-integrity policies submitted by the agencies to ensure that the policies respond to the Task Force’s analysis, adhere to the policy directives in this memorandum, and uphold the highest standards of scientific practice. (iv) The Director shall notify agencies of any defi- ciencies in the scientific-integrity policies and col- laborate with agencies to expeditiously correct those deficiencies. (c) In implementing this section, heads of agencies shall: (i) Provide the Director with any information the Director deems necessary to conduct the Director’s duties under this memorandum; (ii) Publish the agency’s scientific-integrity policy on the agency’s website, and disseminate information about the policy through the agency’s social media channels; (iii) Develop and publish procedures, as appropriate and consistent with applicable law, for implementing the agency’s scientific-integrity policy, including es- tablishing and publishing an administrative process for reporting, investigating, and appealing allega- tions of deviations from the agency’s policy, and for resolving any disputes or disagreements about sci- entific methods and conclusions; (iv) Review and, as needed, update within 60 days of the date of this memorandum [Jan. 27, 2021] any website content, and within 300 days of the date of this memorandum any agency reports, data, and other agency materials issued or published since Jan- uary 20, 2017, that are inconsistent with the principles set forth in this memorandum and that remain in use by the agency or its stakeholders; (v) Educate agency employees, as well as contrac- tors who perform scientific activities for the agency, on their rights and responsibilities related to sci- entific integrity, including by conducting routine training on the agency’s scientific-integrity policy for all employees, and by ensuring any new employ- ees are made aware of their responsibilities under the agency’s scientific-integrity policy shortly after they are hired; and (vi) Publish, consistent with any requirements re- lated to national security and privacy, as well as any other applicable law, an annual report on the agen- cy’s website that includes the number of administra- tive investigations and appeals involving alleged de- viations from the agency’s scientific-integrity poli- cies, as described in section (3)(c)(iii) of this memo- randum, for the year covered by the report, and the number of investigations and appeals pending from years prior to the year covered by the report, if any. SEC. 4. Publication of Scientific-Integrity Policies and Ongoing Biennial Reporting. (a) The Director shall pub- lish on the OSTP website, and disseminate via social media, information about this memorandum, related OSTP and NSTC reports on scientific integrity, and links to the scientific-integrity policies posted on agen- cy websites, to ensure such information and policies can be easily accessed by the public. (b) The Director shall publish on the OSTP website, and disseminate via social media, a biennial report on the status of the implementation of this memorandum across the executive branch. This report shall include a review of the impact on scientific integrity of diver- sity, equity, and inclusion practices related to the Fed- eral scientific and engineering workforce and scientific Federal advisory committees. SEC. 5. Evidence-Based Policymaking. (a) Heads of agencies shall ensure that the scientific-integrity poli- cies of their agencies consider, supplement, and support their plans for forming evidence-based policies, includ- ing the evidence-building plans required by 5 U.S.C. 312(a) and the annual evaluation plans required by 5 U.S.C. 312(b). (b) Within 120 days of the date of this memorandum, after consultation with the Director, the Director of the Office of Management and Budget (OMB) shall issue guidance to improve agencies’ evidence-building plans and annual evaluation plans. Specifically, the Director of OMB shall consider whether, consistent with, and Page 6852 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6601 building upon, Executive Order 13707 of September 15, 2015 (Using Behavioral Science Insights to Better Serve the American People) [5 U.S.C. 601 note], agencies’ evi- dence-building plans and annual evaluation plans shall include a broad set of methodological approaches for the evidence-based and iterative development and the equitable delivery of policies, programs, and agency op- erations. Relevant approaches might include use of pilot projects, randomized control trials, quantitative- survey research and statistical analysis, qualitative re- search, ethnography, research based on data linkages in which records from two or more datasets that refer to the same entity are joined, well-established proc- esses for community engagement and inclusion in re- search, and other approaches that may be informed by the social and behavioral sciences and data science. (c) The statutory positions required to be designated by agencies by the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115–435) [see Ta- bles for classification], which include the Evaluation Officer, the Chief Data Officer, and a senior statistical official, shall incorporate scientific-integrity principles consistent with this memorandum into agencies’ data governance and evaluation approaches. Similarly, the Chief Data Officers Council shall incorporate scientific- integrity principles consistent with this memorandum into its efforts to establish government-wide best prac- tices for the use, protection, dissemination, and genera- tion of data, and both the Chief Data Officers Council and the Evaluation Officer Council shall identify ways in which agencies can improve upon the production of evidence for use in policymaking. (d) Consistent with the provisions of the Foundations for Evidence-Based Policymaking Act of 2018, heads of agencies shall, as appropriate and consistent with ap- plicable law, expand open and secure access to Federal data routinely collected in the course of administering Federal, State, local, Tribal, or territorial government programs or fulfilling Federal, State, local, Tribal, or territorial government mandates, such as tax data, vital records, other statistical data, and Social Secu- rity Administration earnings and employment reports, to ensure governmental and non-governmental re- searchers can use Federal data to assess and evaluate the effectiveness and equitable delivery of policies and to suggest improvements. In implementing this provi- sion, heads of agencies shall: (i) Make these data available by default in a ma- chine-readable format and in a manner that protects privacy and confidential or classified information, and any other information protected from disclosure by law; (ii) Publish an agency data plan that provides a consistent framework for data stewardship, use, and access. If publishing such a plan is not feasible, then the head of the agency shall publish guidelines out- lining how the data were collected, metadata on data use, any limitations on data use, and ways for re- searchers to provide feedback on data shared; (iii) Follow the mandates of the Information Qual- ity Act (section 515 of [H.R. 5658 of the 106th Con- gress, as enacted by section 1(a)(3) of] Public Law 106–554) [44 U.S.C. 3516 note] in assessing and making available to researchers information on the quality of the data being provided; and (iv) Where possible, provide such data disaggregated by gender, race, ethnicity, age, income, and other demographic factors that support research- ers in understanding the effects of policies and pro- grams on equity and justice. (e) The Director of OMB shall review whether guid- ance to agencies on implementation of the Information Quality Act needs to be updated and reissued. (f) Heads of agencies shall review and expeditiously update any agency policies, processes, and practices issued or published since January 20, 2017, that prevent the best available science and data from informing the agency’s evidence-based and iterative development and equitable delivery of policies and programs. SEC. 6. Agency Chief Science Officers and Scientific In- tegrity Officials. (a) Within 120 days of the date of this memorandum, the heads of agencies that fund, conduct, or oversee scientific research shall, to the extent con- sistent with applicable law, designate a senior agency employee for the role of chief science officer, science advisor, or chief scientist (‘‘Chief Science Officer’’), who shall: (i) Serve as the principal advisor to the head of the agency on scientific issues and ensure that the agen- cy’s research programs are scientifically and techno- logically well-founded and conducted with integrity; and (ii) Oversee the implementation and iterative im- provement of policies and processes affecting the in- tegrity of research funded, conducted, or overseen by the agency, as well as policies affecting the Federal and non-Federal scientists who support the research activities of the agency, including scientific-integrity policies consistent with the provisions of this memo- randum. (b) Because science, facts, and evidence are vital to addressing policy and programmatic issues across the Federal Government, the heads of all agencies (not only those that fund, conduct, or oversee scientific re- search) shall designate expeditiously a senior career employee as the agency’s lead scientific-integrity offi- cial (‘‘Scientific Integrity Official’’) to oversee imple- mentation and iterative improvement of scientific-in- tegrity policies and processes consistent with the pro- visions of this memorandum, including implementation of the administrative and dispute resolution processes described in section (3)(c)(iii) of this memorandum. For agencies with a Chief Science Officer, the Scientific In- tegrity Official shall report to the Chief Science Officer on all matters involving scientific-integrity policies. (c) To the extent necessary to fully implement the provisions of this memorandum, heads of agencies may designate additional scientific-integrity points of con- tact in different offices and components, who shall co- ordinate with the agency’s Scientific Integrity Official in implementing the agency’s scientific-integrity poli- cies and processes. (d) Heads of agencies should ensure those designated to serve in the roles described in this section, along with their respective staffs, are selected based on their scientific and technological knowledge, skills, experi- ence, and integrity, including experience conducting and overseeing scientific research and utilizing sci- entific and technological information and data in agen- cy decision-making, prioritizing experience with evi- dence-based, equitable, inclusive, and participatory practices and structures for the conduct of scientific research and the communication of scientific results. (e) The Director or a designee of the Director shall regularly convene Chief Science Officers and Scientific Integrity Officials to encourage the discussion and ex- pansion of effective scientific-integrity policies and practices among agencies. SEC. 7. Scientific Advisory Committees. (a) Within 90 days of the date of this memorandum, heads of agencies shall review their current and future needs for inde- pendent scientific and technological advice from Fed- eral advisory committees, commissions, and boards. The review should include an evaluation of those advi- sory bodies established by law, and should consider both current and anticipated needs. (b) This review shall assess which Federal scientific and technological advisory committees should be re- chartered or recreated to ensure that relevant and highly qualified external experts, with proper safe- guards against conflicts of interest, can contribute to critical Federal regulations and other agency actions and decision-making. The review shall also identify any agency policies, processes, or practices that may currently prevent or inhibit relevant and highly quali- fied external experts from serving on such committees. (c) In conducting this review, heads of agencies shall take steps to review the membership of scientific and technological advisory committees and, as appropriate and consistent with applicable law, ensure that mem- bers and future nominees reflect the diversity of Amer- Page 6853 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6602 ica in terms of gender, race, ethnicity, geography, and other characteristics; represent a variety of back- grounds, areas of expertise, and experiences; provide well-rounded and expert advice to agencies; and are se- lected based on their scientific and technological knowledge, skills, experience, and integrity, including prioritization of experience with evidence-based, equi- table, inclusive, and participatory practices and struc- tures for the conduct of scientific research and the communication of scientific results. (d) Upon completion of their 90-day review, heads of agencies shall provide a summary report to the Direc- tor and the Director of OMB with recommendations on which Federal scientific and technological advisory committees should be rechartered or recreated in ac- cordance with subsection (b) of this section; which sci- entific and technological advisory committees should be prioritized for membership appointments to ensure they provide well-rounded and expert advice reflecting diverse perspectives, in accordance with subsection (c) of this section; and which agency policies, processes, or practices, if any, should be updated to encourage rel- evant and highly qualified external experts to serve on such committees. SEC. 8. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, ad- ministrative, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 6602. Congressional declaration of policy (a) Principles In view of the foregoing, the Congress declares that the United States shall adhere to a na- tional policy for science and technology which includes the following principles: (1) The continuing development and imple- mentation of strategies for determining and achieving the appropriate scope, level, direc- tion, 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 di- rections of growth and innovation are compat- ible with the prudent and frugal use of re- sources 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, re- training, and beneficial use of adequate num- bers of scientists, engineers, and tech- nologists, and the promotion by the Federal Government of the effective and efficient uti- lization in the national interest of the Na- tion’s human resources in science, engineer- ing, and technology. (5) The development and maintenance of a solid base for science and technology in the United States, including: (A) strong participa- tion of and cooperative relationships with State and local governments and the private sector; (B) the maintenance and strengthening of diversified scientific and technological ca- pabilities in government, industry, and the universities, and the encouragement of inde- pendent 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 tech- nology. (6) The recognition that, as changing cir- cumstances require periodic revision and adap- tation of this subchapter, the Federal Govern- ment is responsible for identifying and inter- preting 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 sub- section (a) of this section, the Congress declares that: (1) The Federal Government should maintain central policy planning elements in the execu- tive branch which assist Federal agencies in (A) identifying public problems and objectives, (B) mobilizing scientific and technological re- sources for essential national programs, (C) se- curing 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 pol- icy and programs and recommending legisla- tive amendment thereof when needed. Such elements should include an advisory mecha- nism within the Executive Office of the Presi- dent so that the Chief Executive may have available independent, expert judgment and assistance on policy matters which require ac- curate assessments of the complex scientific and technological features involved. (2) It is a responsibility of the Federal Gov- ernment to promote prompt, effective, reli- able, and systematic transfer of scientific and technological information by such appropriate methods as programs conducted by nongovern- mental organizations, including industrial groups and technical societies. In particular, it is recognized as a responsibility of the Fed- eral Government not only to coordinate and unify its own science and technology informa- tion systems, but to facilitate the close cou- pling of institutional scientific research with commercial application of the useful findings of science. (3) It is further an appropriate Federal func- tion to support scientific and technological ef- forts which are expected to provide results beneficial to the public but which the private sector may be unwilling or unable to support.