Title 42, The Public Health and WelfareRelease 119-110

§6623 Interagency Public Access Committee

Title 42 › CHAPTER 79 — SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION AND PRIORITIES › SUBCHAPTER II — OFFICE OF SCIENCE AND TECHNOLOGY POLICY › § 6623

Last updated Sep 23, 2026|Official source

Summary

The Director must set up a working group under the National Science and Technology Council to help coordinate how Federal science agencies share and preserve unclassified research results. That includes digital data and peer‑reviewed publications paid for in whole or in part by those agencies. The group must identify goals and public interests, account for differences across agencies and fields, help set or pick standards for data, full text, metadata, and tools so systems work together, support work on preservation tools and training, work with international partners, get input from outside groups (like universities, publishers, libraries, researchers, and the public), set priorities for agency public‑access policies, note the difference between data and publications, recognize the role of publishers in peer review, and review agency practices for locating and preserving research. The group’s work cannot override rights under title 17 or 35 or change existing public‑access law. The Director must send a report to Congress within 1 year after January 4, 2011 describing the group’s objectives, priorities, impacts (including financial effects on research budgets), the status of agency public‑access policies, and how outside input was used. A “Federal science agency” here means any Federal agency with annual extramural research spending over $100,000,000.

Full Legal Text

Title 42, §6623

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

(a)Establishment
The Director shall establish a working group under the National Science and Technology Council with the responsibility to coordinate Federal science agency research and policies related to the dissemination and long-term stewardship of the results of unclassified research, including digital data and peer-reviewed scholarly publications, supported wholly, or in part, by funding from the Federal science agencies.
(b)Responsibilities
The working group shall—
(1)identify the specific objectives and public interests that need to be addressed by any policies coordinated under (a);
(2)take into account inherent variability among Federal science agencies and scientific disciplines in the nature of research, types of data, and dissemination models;
(3)coordinate the development or designation of standards for research data, the structure of full text and metadata, navigation tools, and other applications to maximize interoperability across Federal science agencies, across science and engineering disciplines, and between research data and scholarly publications, taking into account existing consensus standards, including international standards;
(4)coordinate Federal science agency programs and activities that support research and education on tools and systems required to ensure preservation and stewardship of all forms of digital research data, including scholarly publications;
(5)work with international science and technology counterparts to maximize interoperability between United States based unclassified research databases and international databases and repositories;
(6)solicit input and recommendations from, and collaborate with, non-Federal stakeholders, including the public, universities, nonprofit and for-profit publishers, libraries, federally funded and non federally funded research scientists, and other organizations and institutions with a stake in long term preservation and access to the results of federally funded research;
(7)establish priorities for coordinating the development of any Federal science agency policies related to public access to the results of federally funded research to maximize the benefits of such policies with respect to their potential economic or other impact on the science and engineering enterprise and the stakeholders thereof;
(8)take into consideration the distinction between scholarly publications and digital data;
(9)take into consideration the role that scientific publishers play in the peer review process in ensuring the integrity of the record of scientific research, including the investments and added value that they make; and
(10)examine Federal agency practices and procedures for providing research reports to the agencies charged with locating and preserving unclassified research.
(c)Patent or copyright law
Nothing in this section shall be construed to undermine any right under the provisions of title 17 or 35.
(d)Application with existing law
Nothing defined in section (b) shall be construed to affect existing law with respect to Federal science agencies’ policies related to public access.
(e)Report to Congress
Not later than 1 year after January 4, 2011, the Director shall transmit a report to Congress describing—
(1)the specific objectives and public interest identified under (b)(1);
(2)any priorities established under subsection (b)(7);
(3)the impact the policies described under (a) have had on the science and engineering enterprise and the stakeholders, including the financial impact on research budgets;
(4)the status of any Federal science agency policies related to public access to the results of federally funded research; and
(5)how any policies developed or being developed by Federal science agencies, as described in subsection (a), incorporate input from the non-Federal stakeholders described in subsection (b)(6).
(f)Federal science agency defined
For the purposes of this section, the term “Federal science agency” means any Federal agency with an annual extramural research expenditure of over $100,000,000.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the America COMPETES Reauthorization Act of 2010, also known as the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010, and not as part of the National Science and Technology Policy, Organization, and Priorities Act of 1976 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definition For definition of “Director” as used in this section, see section 2 of Pub. L. 111–358, set out as a note under section 6621 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6623

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110