Legislación
US (United States) Code. Title 15. Chapter 37: State technical services
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15 USC CHAPTER 37 - STATE TECHNICAL SERVICES 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
.
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CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec.
1351. Declaration of purpose.
1352. Definitions.
1353. Selection of designated agency.
1354. Five-year plan; annual technical services program.
1355. Conditions precedent to acceptance of plans and programs for
review and approval by Secretary.
1356. Review and approval of plans and programs by Secretary.
1357. Interstate cooperation in administration and coordination of
plans and programs.
1358. Consent of Congress for interstate compacts; reservation of
right to alter, amend, or repeal.
1359. Advisory councils for technical services; appointment;
functions; compensation and expenses.
1360. Appropriations and payments.
(a) Authorization of appropriations.
(b) Authorization of annual payments; maximum
amounts.
(c) Payments for programs of special merit or
additional programs.
(d) Expenses of administration.
(e) Limitations on payments.
1361. Reference services to assist designated agencies to obtain
information outside State.
1362. Rules and regulations.
1363. Prohibition against control over educational institutions;
functions or responsibilities of other departments not affected.
(a) Control of educational institutions.
(b) Functions of other agencies.
1364. Annual report by designated agencies to Secretary; reports by
Secretary to President and Congress.
(a) Agency reports.
(b) Reports of Secretary of Commerce.
1365. Public committee; appointment; functions; report.
1366. Termination of payments for noncompliance with law or
diversion of funds.
1367. Repayments.
1368. Records.
(a) Grant recipients.
(b) Access to records of recipients.
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15 USC Sec. 1351 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1351. Declaration of purpose
-STATUTE-
Congress finds that wider diffusion and more effective
application of science and technology in business, commerce, and
industry are essential to the growth of the economy, to higher
levels of employment, and to the competitive position of United
States products in world markets. The Congress also finds that the
benefits of federally financed research, as well as other research,
must be placed more effectively in the hands of American business,
commerce, and industrial establishments. The Congress further
finds that the several States through cooperation with
universities, communities, and industries can contribute
significantly to these purposes by providing technical services
designed to encourage a more effective application of science and
technology to both new and established business, commerce, and
industrial establishments. The Congress, therefore, declares that
the purpose of this chapter is to provide a national program of
incentives and support for the several States individually and in
cooperation with each other in their establishing and maintaining
State and interstate technical service programs designed to achieve
these ends.
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(Pub. L. 89-182, Sec. 1, Sept. 14, 1965, 79 Stat. 679.)
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SHORT TITLE
Section 19 of Pub. L. 89-182 provided that: ''This Act (this
chapter) may be cited as the 'State Technical Services Act of
1965'.''
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15 USC Sec. 1352 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1352. Definitions
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For the purposes of this chapter -
(a) ''Technical services'' means activities or programs designed
to enable businesses, commerce, and industrial establishments to
acquire and use scientific and engineering information more
effectively through such means as -
(1) preparing and disseminating technical reports, abstracts,
computer tapes, microfilm, reviews, and similar scientific or
engineering information, including the establishment of State or
interstate technical information centers for this purpose;
(2) providing a reference service to identify sources of
engineering and other scientific expertise; and
(3) sponsoring industrial workshops, seminars, training
programs, extension courses, demonstrations, and field visits
designed to encourage the more effective application of
scientific and engineering information.
(b) ''Designated agency'' means the institution or agency which
has been designated as administrator of the program for any State
or States under section 1353 or 1357 of this title.
(c) ''Qualified institution'' means (1) an institution of higher
learning with a program leading to a degree in science,
engineering, or business administration which is accredited by a
nationally recognized accrediting agency or association to be
listed by the Secretary of Education, or such an institution which
is listed separately after evaluation by the Secretary of Education
pursuant to this subsection; or (2) a State agency or a private,
nonprofit institution which meets criteria of competence
established by the Secretary of Commerce and published in the
Federal Register. For the purpose of this subsection the Secretary
of Education shall publish a list of nationally recognized
accrediting agencies or associations which he determines to be
reliable authority as to the quality of science, engineering, or
business education or training offered. When the Secretary of
Education determines that there is no nationally recognized
accrediting agency or association qualified to accredit such
programs he shall publish a list of institutions he finds qualified
after prior evaluation by an advisory committee, composed of
persons he determines to be specially qualified to evaluate the
training provided under such programs.
(d) ''Participating institution'' means each qualified
institution in a State, which participates in the administration or
execution of the State technical services program as provided by
this chapter.
(e) ''Secretary'' means the Secretary of Commerce.
(f) ''State'' means one of the States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam or the
Virgin Islands.
(g) ''Governor'', in the case of the District of Columbia, means
the Board of Commissioners of the District of Columbia.
-SOURCE-
(Pub. L. 89-182, Sec. 2, Sept. 14, 1965, 79 Stat. 679; Pub. L.
89-771, Nov. 6, 1966, 80 Stat. 1322; Pub. L. 96-88, title III, Sec.
301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692.)
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AMENDMENTS
1966 - Subsec. (f). Pub. L. 89-771 included Guam within
definition of ''State''.
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TRANSFER OF FUNCTIONS
''Secretary of Education'' substituted for ''United States
Commissioner of Education'' and ''Commissioner'' in subsec. (c)
pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are
classified to sections 3441(a)(1) and 3507 of Title 20, Education,
and which transferred all functions of Commissioner of Education to
Secretary of Education.
Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff.
Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, functions of
Board of Commissioners of District of Columbia transferred to
Commissioner of District of Columbia by section 401 of Reorg. Plan
No. 3 of 1967. Office of Commissioner of District of Columbia, as
established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan.
2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87
Stat. 818, and replaced by office of Mayor of District of Columbia
by section 421 of Pub. L. 93-198.
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15 USC Sec. 1353 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1353. Selection of designated agency
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The Governor of any State which wishes to receive Federal
payments under this chapter in support of its existing or planned
technical services program shall designate, under appropriate State
laws and regulations, an institution or agency to administer and
coordinate that program and to prepare and submit a plan and
programs to the Secretary of Commerce for approval under this
chapter.
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(Pub. L. 89-182, Sec. 3, Sept. 14, 1965, 79 Stat. 680.)
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1352 of this title.
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15 USC Sec. 1354 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1354. Five-year plan; annual technical services program
-STATUTE-
The designated agency shall prepare and submit to the Secretary
in accordance with such regulations as he may publish -
(a) A five-year plan which may be revised annually and which
shall: (1) outline the technological and economic conditions of
the State, taking into account its region, business, commerce,
and its industrial potential and identify the major regional and
industrial problems; (2) identify the general approaches and
methods to be used in the solution of these problems and outline
the means for measuring the impact of such assistance on the
State or regional economy; and (3) explain the methods to be used
in administering and coordinating the technical services program.
(b) An annual technical services program which shall (1)
identify specific methods, which may include contracts, for
accomplishing particular goals and outline the likely impact of
these methods in terms of the five-year plan; (2) contain a
detailed budget, together with procedures for adequate fiscal
control, fund accounting, and auditing, to assure proper
disbursement for funds paid to the State under this chapter; and
(3) indicate the specific responsibilities assigned to each
participating institution in the State.
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(Pub. L. 89-182, Sec. 4, Sept. 14, 1965, 79 Stat. 680.)
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1356, 1357, 1359 of this
title.
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15 USC Sec. 1355 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1355. Conditions precedent to acceptance of plans and programs
for review and approval by Secretary
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The Secretary shall not accept the five-year plan of a State for
review and approval under this chapter unless the Governor of the
State or his designee determines and certifies that the plan is
consistent with State policies and objectives; and the Secretary
shall not accept an annual technical services program for review
and approval under this chapter unless the designated agency has,
as certified thereto by the Governor or his designee -
(a) invited all qualified institutions in the State to submit
proposals for providing technical services under the chapter;
(b) coordinated its programs with other States and with other
publicly supported activities within the State, as appropriate;
(c) established adequate rules to insure that no officer or
employee of the State, the designated agency, or any
participating institution, shall receive compensation for
technical services he performs, for which funds are provided
under this chapter, from sources other than his employer, and
shall not otherwise maintain any private interest in conflict
with his public responsibility;
(d) determined that matching funds will be available from State
or other non-Federal sources;
(e) determined that such technical services program does not
provide a service which on the date of such certification is
economically and readily available in such State from private
technical services, professional consultants, or private
institutions;
(f) planned no services specially related to a particular firm
or company, public work, or other capital project except insofar
as the services are of general concern to the industry and
commerce of the community, State, or region;
(g) provided for making public all reports prepared in the
course of furnishing technical services supported under this
chapter or for making them available at cost to any person on
request.
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(Pub. L. 89-182, Sec. 5, Sept. 14, 1965, 79 Stat. 681.)
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1356, 1357 of this title.
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15 USC Sec. 1356 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1356. Review and approval of plans and programs by Secretary
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The Secretary shall review the five-year plan and each annual
program submitted by a designated agency under section 1354 or 1357
of this title, and shall approve only those which (1) bear the
certification required by the Governor or his designee under
section 1355 of this title; (2) comply with regulations and meet
criteria that the Secretary shall promulgate and publish in the
Federal Register; and (3) otherwise accomplish the purpose of this
chapter.
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(Pub. L. 89-182, Sec. 6, Sept. 14, 1965, 79 Stat. 681.)
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1357 of this title.
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15 USC Sec. 1357 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1357. Interstate cooperation in administration and
coordination of plans and programs
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Two or more States may cooperate in administering and
coordinating their plans and programs supported under this chapter,
in which event all or part of the sums authorized and payable under
section 1360 of this title to all of the cooperating States may be
paid to the designated agency, participating institutions, or
persons authorized to receive them under the terms of the agreement
between the cooperating States. When the cooperative agreement
designates an interstate agency to act on behalf of all of the
cooperating States, it shall submit to the Secretary for review and
approval under section 1356 of this title an interstate five-year
plan and an annual interstate technical services program which, as
nearly as practicable, shall meet the requirements of sections 1354
and 1355 of this title.
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(Pub. L. 89-182, Sec. 7, Sept. 14, 1965, 79 Stat. 681.)
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1352, 1356, 1358, 1360 of
this title.
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15 USC Sec. 1358 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1358. Consent of Congress for interstate compacts; reservation
of right to alter, amend, or repeal
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(a) The consent of the Congress is given to any two or more
States to enter into agreement or compacts, not in conflict with
any law of the United States, for cooperative efforts and mutual
assistance and in designating agencies, under section 1357 of this
title, for accomplishing the purposes of this chapter.
(b) The right to alter, amend, or repeal this section, or consent
granted by this section, is expressly reserved.
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(Pub. L. 89-182, Sec. 8, Sept. 14, 1965, 79 Stat. 682.)
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15 USC Sec. 1359 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1359. Advisory councils for technical services; appointment;
functions; compensation and expenses
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Each designated agency shall appoint an advisory council for
technical services, the members of which shall represent broad
community interests and shall be qualified to evaluate programs
submitted under section 1354 of this title. The advisory council
shall review each annual program, evaluate its relation to the
purposes of this chapter, and report its findings to the designated
agency and the Governor or his designee. Each report of each
advisory council shall be available to the Secretary on request.
Members of any such advisory council shall not be compensated for
serving as such, but may be reimbursed for necessary expenses
incurred by them in connection with attending meetings of any
advisory council of which they are members.
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(Pub. L. 89-182, Sec. 9, Sept. 14, 1965, 79 Stat. 682.)
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TERMINATION OF ADVISORY COUNCILS
Advisory councils in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5,
1973, unless, in the case of a council established by the President
or an officer of the Federal Government, such council is renewed by
appropriate action prior to the expiration of such 2-year period,
or in the case of a council established by the Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
Appendix to Title 5, Government Organization and Employees.
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15 USC Sec. 1360 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1360. Appropriations and payments
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(a) Authorization of appropriations
There are authorized to be appropriated for the purposes of this
chapter, $10,000,000 for the fiscal year ending June 30, 1966;
$20,000,000 for the fiscal year ending June 30, 1967; $30,000,000
for the fiscal year ending June 30, 1968; $6,600,000 for the fiscal
year ending June 30, 1969; $10,000,000 for the fiscal year ending
June 30, 1970; $10,000,000 for the fiscal year ending June 30,
1971.
(b) Authorization of annual payments; maximum amounts
From these amounts, the Secretary is authorized to make an annual
payment to each designated agency, participating institution, or
person authorized to receive payments in support of each approved
technical services program. Maximum amounts which may be paid to
the States under this subsection shall be fixed in accordance with
regulations which the Secretary shall promulgate and publish in the
Federal Register from time to time, considering (1) population
according to the last decennial census; (2) business, commercial,
industrial and economic development and productive efficiency; and
(3) technical resources.
(c) Payments for programs of special merit or additional programs
The Secretary may reserve an amount equal to not more than 20 per
centum of the total amount appropriated for each year under this
section and is authorized to make payments from such amount to any
designated agency or participating institution for technical
services programs which he determines have special merit or to any
qualified institution for additional programs which he determines
are necessary to accomplish the purposes of this chapter, under
criteria and regulations that he shall promulgate and publish in
the Federal Register.
(d) Expenses of administration
An amount equal to not more than 5 per centum of the total amount
appropriated each year under this section shall be available to the
Secretary for the direct expenses of administering this chapter.
(e) Limitations on payments
(1) No amount paid for any technical services program under
subsection (b) or (c) of this section shall exceed the amount of
non-Federal funds expended to carry out such program: Provided,
That the Secretary may pay an amount not to exceed $25,000 a year
for each of the first three fiscal years to each designated agency,
other than a designated agency under section 1357 of this title, to
assist in the preparation of the five-year plan and the initial
annual technical services programs, without regard to any of the
preceding requirements of this section.
(2) No funds appropriated pursuant to the provisions of this
section shall be paid to any designated agency, participating
institution, or person on account of any such agency or
institution, to carry out any technical services activity or
program in any State if such activity or program duplicates any
activity or program readily available in such State from Federal or
State agencies, including publicly supported institutions of higher
learning in such State.
-SOURCE-
(Pub. L. 89-182, Sec. 10, Sept. 14, 1965, 79 Stat. 682; Pub. L.
90-422, July 24, 1968, 82 Stat. 423.)
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AMENDMENTS
1968 - Subsec. (a). Pub. L. 90-422 authorized appropriation of
$6,600,000 for fiscal year ending June 30, 1969, $10,000,000 for
fiscal year ending June 30, 1970, and $10,000,000 for fiscal year
ending June 30, 1971.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1357 of this title.
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15 USC Sec. 1361 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
-HEAD-
Sec. 1361. Reference services to assist designated agencies to
obtain information outside State
-STATUTE-
The Secretary is authorized and directed to aid designated
agencies in carrying out their technical services programs by
providing reference services which a designated agency may use to
obtain scientific, technical, and engineering information from
sources outside the State or States which it serves, for the
purposes of this chapter.
-SOURCE-
(Pub. L. 89-182, Sec. 11, Sept. 14, 1965, 79 Stat. 683.)
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15 USC Sec. 1362 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1362. Rules and regulations
-STATUTE-
The Secretary is authorized to establish such policies,
standards, criteria, and procedures and to prescribe such rules and
regulations as he may deem necessary or appropriate for the
administration of this chapter.
-SOURCE-
(Pub. L. 89-182, Sec. 12, Sept. 14, 1965, 79 Stat. 683.)
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15 USC Sec. 1363 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
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Sec. 1363. Prohibition against control over educational
institutions; functions or responsibilities of other
departments not affected
-STATUTE-
(a) Control of educational institutions
Nothing contained in this chapter shall be construed as
authorizing a department, agency, officer, or employee of the
United States to exercise any direction, supervision, or control
over, or impose any requirements or conditions with respect to the
personnel, curriculum, methods of instruction, or administration of
any educational institution.
(b) Functions of other agencies
Nothing contained in this chapter shall be deemed to affect the
functions or responsibilities under law of any other department or
agency of the United States.
-SOURCE-
(Pub. L. 89-182, Sec. 13, Sept. 14, 1965, 79 Stat. 683.)
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15 USC Sec. 1364 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
-HEAD-
Sec. 1364. Annual report by designated agencies to Secretary;
reports by Secretary to President and Congress
-STATUTE-
(a) Agency reports
Each designated agency shall make an annual report to the
Secretary on or before the first day of September of each year on
the work accomplished under the technical services program and the
status of current services, together with a detailed statement of
the amounts received under any of the provisions of this chapter
during the preceding fiscal year, and of their disbursement.
(b) Reports of Secretary of Commerce
The Secretary shall make a complete report with respect to the
administration of this chapter to the President and the Congress
not later than January 31 following the end of each fiscal year for
which amounts are appropriated pursuant to this chapter.
-SOURCE-
(Pub. L. 89-182, Sec. 14, Sept. 14, 1965, 79 Stat. 683.)
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TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which a report related to the ''State Technical Services Act''
required under ''15 U.S.C. 7364'', probably referring to the report
related to the State Technical Services Act of 1965 required under
subsec. (b) of this section, is listed on page 52), see section
3003 of Pub. L. 104-66, as amended, set out as a note under section
1113 of Title 31, Money and Finance.
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15 USC Sec. 1365 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
-HEAD-
Sec. 1365. Public committee; appointment; functions; report
-STATUTE-
Within three years from September 14, 1965, the Secretary shall
appoint a public committee, none of the members of which shall have
been directly concerned with the preparation of plans,
administration of programs or participation in programs under this
chapter. The Committee shall evaluate the significance and impact
of the program under this chapter and make recommendations
concerning the program. A report shall be transmitted to the
Secretary within sixty days after the end of such three-year
period.
-SOURCE-
(Pub. L. 89-182, Sec. 15, Sept. 14, 1965, 79 Stat. 684.)
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15 USC Sec. 1366 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
-HEAD-
Sec. 1366. Termination of payments for noncompliance with law or
diversion of funds
-STATUTE-
Whenever the Secretary, after reasonable notice and opportunity
for hearing to any designated agency or participating institution
receiving funds under this chapter finds that -
(a) the agency or institution is not complying substantially
with provisions of this chapter, with the regulations promulgated
by the Secretary, or with the approved annual technical services
program; or
(b) any funds paid to the agency or institution under the
provisions of this chapter have been lost, misapplied, or
otherwise diverted from the purposes for which they were paid or
furnished -
the Secretary shall notify such agency or institution that no
further payments will be made under the provisions of this chapter
until he is satisfied that there is substantial compliance or the
diversion has been corrected or, if compliance or correction is
impossible, until such agency or institution repays or arranges for
the repayment of Federal funds which have been diverted or
improperly expended.
-SOURCE-
(Pub. L. 89-182, Sec. 16, Sept. 14, 1965, 79 Stat. 684.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1367 of this title.
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15 USC Sec. 1367 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
-HEAD-
Sec. 1367. Repayments
-STATUTE-
Upon notice by the Secretary to any designated agency or
participating institution that no further payments will be made
pending substantial compliance, correction, or repayment under
section 1366 of this title, any funds which may have been paid to
such agency or institution under this chapter and which are not
expended by the agency or institution on the date of such notice,
shall be repaid to the Secretary and be deposited to the account of
the appropriations from which they originally were paid.
-SOURCE-
(Pub. L. 89-182, Sec. 17, Sept. 14, 1965, 79 Stat. 684.)
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15 USC Sec. 1368 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 37 - STATE TECHNICAL SERVICES
-HEAD-
Sec. 1368. Records
-STATUTE-
(a) Grant recipients
Each recipient of a grant under this chapter shall keep such
records as the Secretary shall prescribe, including records which
fully disclose the amount and the disposition of such grant, the
total cost of the related approved program, the amount and nature
of the cost of the program supplied by other sources, and such
other records as will facilitate an effective audit.
(b) Access to records of recipients
The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access
to any books, documents, papers, and records of the recipient that
are pertinent to amounts received under this chapter.
-SOURCE-
(Pub. L. 89-182, Sec. 18, Sept. 14, 1965, 79 Stat. 684.)
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |