Public Law Issues on Research Using Large Research Facilities - Focusing on the laws on the large-scale research facilities in the U.S.A. -
Authors:   LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY, Kim Jae Sun 
Published: January 2023

As the need for research using advanced facilities increased, the need for safe and efficient management of large research facilities used by research institutes increased. In particular, in the case of large research facilities, efficient and reasonable legalization measures are required in the use of large research facilities due to overlapping installation, disposal of idle or underutilized facilities, and temporary treatment. In Korea, the Basic Law on Science and Technology, the Enforcement Decree of the Framework Act on Science and Technology, and the 「Basic Research and Development Support Act」, the Industrial Technology Innovation Promotion Act」, and the 협동 Cooperative Research and Development Promotion Act have been enacted and applied. However, research on overseas cases with a more systematic management system is required because individual laws regulate different contents according to legislative purposes, and in some cases, the contents required by practice cannot be more specifically defined.
In the case of the United States, since World War II, systematic laws, procedures, and guidelines have been operated on specific science and technology policies, funding for technology development, and facility operation plans. The federal government (Energy Bureau, Science Bureau, National Science Foundation, National Health Agency, etc.) centered on the presidential office systematically operates using related laws and guidelines. First, federal law proposes standards for funding for future strategy establishment under the American Innovation and Competition Act, Federal Grant and Cooperative Agreement, and guidelines for the Budget Administration (OMB Circular A-110) and Large Research Foundation (DNS) Guidelines for Energy Agency (DNS). Meanwhile, universities or research institutes operate individual guidelines for equipment management of large research facilities, and Stanford University has a systematic management and operation system for accelerator operation and management organization. Accordingly, the following implications are drawn for the laws related to research facilities in the United States.
First, systematic governance is prepared for research promotion, and active support from the federal government is being provided around the presidential office. In the case of the American Innovation and Competition Act, which is under discussion for revision in 2021, six key industries (Artificial Intelligence, Semiconductor, Quantum Computing, Advanced Communication, Biotechnology, Energy Improvement) have been proposed. This U.S. governance system is consistent with the U.S. federal government's policy direction, which actively supports science and technology policies after World War II, and is thought to have implications in Korea in terms of actively and systematically supporting federal-managed industries.
Second, there are detailed regulations and guidelines for budget allocation and management of research facilities. For example, the OMB Circular A-110, DOE 413.3A, and the Large Facility Manual of the National Science Foundation (NSF) stipulate not only the allocation of research funds but also the factors that need to be checked by the National Science Foundation (NSF) in detail.
Third, various verification procedures such as external verification procedures and cost-benefit analysis are prepared. It seems that a management system is in place as predictable verification procedures for selecting research topics and initial design, such as verifying the Director's Review Board (DRB) of the Energy Agency and reviewing the National Science Board of the NSF are stipulated. In addition, it can be considered that the Large Facility Manual stipulates cost-benefit procedures and provides management improvement procedures through reasonable compensation for research and cost-benefit analysis.