§7139 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Department must have an Office of Science led by a Director. The President appoints the Director with the Senate’s approval. The Director is paid at the Executive Schedule Level IV rate (section 5315 of title 5). The Director’s job is to advise the Secretary about the physical research program moved from the Energy Research and Development Administration, watch for gaps or overlap in energy research, help manage the Department’s multipurpose labs (not the nuclear weapons labs), guide education, training, and research funding, and do other tasks the Secretary gives. The Office’s mission is to deliver scientific discoveries, capabilities, and major tools to improve understanding of nature and to advance U.S. energy, economic, and national security. The Director must build, run, and keep up user facilities that serve the Department, industry, universities, and others for those goals and for public health, safety, competitiveness, and emergencies. The Secretary must coordinate the Office with other Department work, help move results from basic to applied research, support joint programs, work with other federal agencies, and may form partnerships to share facilities. The Director must coordinate Office programs and make programs finish a future planning roadmap if they have not recently done so, consistent with funding authorized under the Research and Development, Competition, and Innovation Act.

Title 42, §7139

The Public Health and Welfare — Source: USLM XML via OLRC

(a)There shall be within the Department an Office of Science to be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5.

(b)It shall be the duty and responsibility of the Director—

(1)to advise the Secretary with respect to the physical research program transferred to the Department from the Energy Research and Development Administration;

(2)to monitor the Department’s energy research and development programs in order to advise the Secretary with respect to any undesirable duplication or gaps in such programs;

(3)to advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department, excluding laboratories that constitute part of the nuclear weapons complex;

(4)to advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department;

(5)to advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the Department; and

(6)to carry out such additional duties assigned to the Office by the Secretary.

(c)The mission of the Office of Science shall be the delivery of scientific discoveries, capabilities, and major scientific tools to transform the understanding of nature and to advance the energy, economic, and national security of the United States.

(d)The Director shall carry out the construction, operation, and maintenance of user facilities to support the mission described in subsection (c). As practicable, these facilities shall serve the needs of the Department, industry, the academic community, and other relevant entities for the purposes of advancing the missions of the Department, improving the competitiveness of the United States, protecting public health and safety, and addressing other national priorities including emergencies.

(e)(1)The Secretary—

(A)shall ensure the coordination of the Office of Science with the other activities of the Department, including the transfer of knowledge, capabilities, and relevant technologies from basic research programs of the Department to applied research and development programs of the Department for the purpose of enabling development of mission-relevant technologies;

(B)shall support joint activities among the programs of the Department;

(C)shall coordinate with other relevant Federal agencies operating under existing authorizations relating to subjects relating to the mission described in subsection (c) in supporting advancements in related research areas as appropriate; and

(D)may form partnerships to enhance the utilization of and ensure access to user facilities by other Federal agencies.

(2)The Director—

(A)shall ensure the coordination of programs and activities carried out by the Office of Science; and

(B)shall direct all programs which have not recently completed a future planning roadmap consistent with the funding of such programs authorized under the Research and Development, Competition, and Innovation Act to complete such a roadmap.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Research and Development, Competition, and Innovation Act, referred to in subsec. (e)(2)(B), is div. B of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1399, which enacted chapter 163 (§ 18901 et seq.) of this title and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see

Short Title

note set out under section 18901 of this title and Tables.

Amendments

2022—Subsecs. (d), (e). Pub. L. 117–167 added subsecs. (d) and (e). 2018—Subsec. (c). Pub. L. 115–246 added subsec. (c). 2005—Subsec. (b)(6). Pub. L. 109–58 added par. (6) and struck out former par. (6) which read as follows: “to carry out such additional duties assigned to the Office by the Secretary relating to basic and applied research, including but not limited to supervision or support of research activities carried out by any of the Assistant Secretaries designated by section 7133 of this title, as the Secretary considers advantageous.” 1998—Pub. L. 105–245 substituted “Office of Science” for “Office of Energy Research” in section catchline and in subsec. (a).

Statutory Notes and Related Subsidiaries

Advisory Committees to the Office of Science Pub. L. 117–167, div. B, title I, § 10113(f), Aug. 9, 2022, 136 Stat. 1468, provided that: “In order to improve the advice and guidance provided to the Office of Science, the Undersecretary for Science shall seek to ensure, to the maximum extent practicable, the robust participation of institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) located in eligible jurisdictions (as defined in section 2203(b)(3)(A) of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)(A))) on the Office of Science Federal Advisory Committee.”

§7139 Office of Science; establishment; appointment of Director; compensation; duties