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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.

-SOURCE-

(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.)

-MISC1-

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.

-SOURCE-

(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.

-SOURCE-

(Pub. L. 89-182, Sec. 4, Sept. 14, 1965, 79 Stat. 680.)

-SECREF-

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

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-182, Sec. 5, Sept. 14, 1965, 79 Stat. 681.)

-SECREF-

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

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-182, Sec. 6, Sept. 14, 1965, 79 Stat. 681.)

-SECREF-

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

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-182, Sec. 7, Sept. 14, 1965, 79 Stat. 681.)

-SECREF-

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

-STATUTE-

(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.

-SOURCE-

(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

-STATUTE-

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.

-SOURCE-

(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

-STATUTE-

(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.)

-MISC1-

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.

-SECREF-

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

-HEAD-

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.)

-MISC1-

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

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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.

-CITE-

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.)

-CITE-

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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