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US (United States) Code. Title 15. Chapter 7: National Institute of Standards Technology

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-CITE-

15 USC CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND

TECHNOLOGY 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-MISC1-

Sec.

271. Findings and purposes.

272. Establishment, functions, and activities.

(a) Establishment of National Institute of Standards

and Technology.

(b) Functions of Secretary and Institute.

(d) Management costs.

272a. Technology services.

272b. Annual budget submission.

273. Functions; for whom exercised.

274. Director; powers and duties; report; compensation.

275. Appointment of officers and employees.

275a. Service charges.

275b. Charges for activities performed for other agencies.

275c. Cost recovery authority.

276. Ownership of facilities.

277. Regulations.

278. Visiting Committee on Advanced Technology.

(a) Establishment; appointment; membership and

composition; review and recommendations.

(b) Qualifications; recommendations for appointment.

(d) Meetings; quorum; notice.

(e) Appointment by Committee of executive and other

committees.

(f) Chairman; Vice Chairman.

(g) Professional and clerical staff.

(h) Annual and other reports to Secretary and

Congress.

278a. Repealed.

278b. Working Capital Fund.

(a) Utilization.

(b) Availability of Fund.

(d) Credits.

(e) ''Cost'' defined.

(f) Distribution of earnings; restoration of prior

impairment.

278c. Acquisition of land for field sites.

278d. Construction and improvement of buildings and facilities.

278e. Functions and activities.

278f. Fire Research Center.

(a) Establishment; programs of research; functions of

Secretary; dissemination of information.

(b) Authorization of appropriations.

278g. International activities.

(a) Financial assistance to foreign nationals.

(b) Foreign assistance and compensation to Institute

employees.

inapplicable.

(d) Recruitment and employment of resident aliens.

278g-1. Research fellowships and other financial assistance to

students at institutes of higher education.

278g-2. Post-doctoral fellowship program.

278g-2a. Teacher science and technology enhancement Institute

program.

(a) Establishment.

(b) Areas of focus.

(d) Scheduling.

(e) Means of accomplishing goals.

278g-3. Computer standards program.

(a) In general.

(b) Minimum requirements for standards and

guidelines.

(d) Information security functions.

(e) Definitions.

(f) Authorization of appropriations.

278g-4. Information Security and Privacy Advisory Board.

(a) Establishment and composition.

(b) Duties.

(d) Quorum.

(e) Allowance for travel expenses.

(f) Meetings.

(g) Staff services and utilization of Federal

personnel.

(h) Definitions.

278g-5. Enterprise integration initiative.

(a) Establishment.

(b) Assessment.

(d) Authorized activities.

(e) Manufacturing Extension Program.

278h. Research program on security of computer systems.

(a) Establishment.

(b) Fellowships.

(d) Program operation.

(e) Review of program.

(f) Definitions.

278i. Reports to Congress.

278j. Studies by National Research Council.

278k. Regional Centers for the Transfer of Manufacturing

Technology.

(a) Creation and support of Centers; affiliations;

merit review in determining awards; objectives.

(b) Activities of Centers.

descriptions; applications; merit review;

evaluations of assistance; applicability of

patent law.

(d) Acceptance of funds from other Federal

departments and agencies.

278l. Assistance to State technology programs.

278m. Non-energy inventions program.

278n. Advanced Technology Program.

(a) Establishment; purpose; focus; guidance.

(b) Authority of Secretary; research and development;

contracts and cooperative agreements; Federal

laboratories; other activities with joint

ventures.

monitoring use of technologies; overseas

transfer; annual report to Congress; financial

reporting and auditing; routine consideration

of Committee advice; dissemination of research

results.

(d) Contracts or awards; criteria; restrictions.

(e) Suspension for failure to satisfy eligibility

criteria.

(f) Coordination with other Federal technology

programs.

(g) Meetings with industry sources.

(h) Standards development.

(i) Acceptance of funds from other Federal

departments and agencies.

(j) Definitions.

278o. User fees.

278p. Notice to Congress.

(a) Notice of reprogramming.

(b) Notice of reorganization.

278q. Appropriations; availability.

279. Absence of Director.

280, 281. Repealed.

281a. Structural failures.

282. Repealed.

282a. Assessment of emerging technologies requiring research in

metrology.

283 to 286. Repealed or Omitted.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 290d of this title.

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15 USC Sec. 271 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

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Sec. 271. Findings and purposes

-STATUTE-

(a) The Congress finds and declares the following:

(1) The future well-being of the United States economy depends

on a strong manufacturing base and requires continual

improvements in manufacturing technology, quality control, and

techniques for ensuring product reliability and

cost-effectiveness.

(2) Precise measurements, calibrations, and standards help

United States industry and manufacturing concerns compete

strongly in world markets.

(3) Improvements in manufacturing and product technology depend

on fundamental scientific and engineering research to develop (A)

the precise and accurate measurement methods and measurement

standards needed to improve quality and reliability, and (B) new

technological processes by which such improved methods may be

used in practice to improve manufacturing and to assist industry

to transfer important laboratory discoveries into commercial

products.

(4) Scientific progress, public safety, and product

compatibility and standardization also depend on the development

of precise measurement methods, standards, and related basic

technologies.

(5) The National Bureau of Standards since its establishment

has served as the Federal focal point in developing basic

measurement standards and related technologies, has taken a lead

role in stimulating cooperative work among private industrial

organizations in efforts to surmount technological hurdles, and

otherwise has been responsible for assisting in the improvement

of industrial technology.

(6) The Federal Government should maintain a national science,

engineering, and technology laboratory which provides measurement

methods, standards, and associated technologies and which aids

United States companies in using new technologies to improve

products and manufacturing processes.

(7) Such national laboratory also should serve industry, trade

associations, State technology programs, labor organizations,

professional societies, and educational institutions by

disseminating information on new basic technologies including

automated manufacturing processes.

(b) It is the purpose of this chapter -

(1) to rename the National Bureau of Standards as the National

Institute of Standards and Technology and to modernize and

restructure that agency to augment its unique ability to enhance

the competitiveness of American industry while maintaining its

traditional function as lead national laboratory for providing

the measurements, calibrations, and quality assurance techniques

which underpin United States commerce, technological progress,

improved product reliability and manufacturing processes, and

public safety;

(2) to assist private sector initiatives to capitalize on

advanced technology;

(3) to advance, through cooperative efforts among industries,

universities, and government laboratories, promising research and

development projects, which can be optimized by the private

sector for commercial and industrial applications; and

(4) to promote shared risks, accelerated development, and

pooling of skills which will be necessary to strengthen America's

manufacturing industries.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 1, 31 Stat. 1449; Pub. L. 100-418,

title V, Sec. 5111, Aug. 23, 1988, 102 Stat. 1427.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

''this Act'' meaning act Mar. 3, 1901, ch. 872, 31 Stat. 1449, as

amended, known as the National Institute of Standards and

Technology Act, which is classified generally to this chapter. For

complete classification of this Act to the Code, see Short Title

note below and Tables.

-MISC2-

AMENDMENTS

1988 - Pub. L. 100-418 amended section generally. Prior to

amendment, section read as follows: ''The Office of Standard

Weights and Measures shall be known as the National Bureau of

Standards.''

-CHANGE-

CHANGE OF NAME; NATIONAL BUREAU OF STANDARDS REDESIGNATED NATIONAL

INSTITUTE OF STANDARDS AND TECHNOLOGY

Section 5115(c) of Pub. L. 100-418 provided that: ''References in

any other Federal law to the National Bureau of Standards shall be

deemed to refer to the National Institute of Standards and

Technology.''

Act Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736, created the

Department of Labor and renamed the Department of Commerce and

Labor as the Department of Commerce.

-MISC4-

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-309, Sec. 1, Oct. 30, 1998, 112 Stat. 2935, provided

that: ''This Act (enacting sections 278g-2a, 278p, and 1511e of

this title, amending sections 278k, 3704, and 3711a of this title,

enacting provisions set out as notes under sections 272 and 3711 of

this title, and amending provisions set out as a note under this

section) may be cited as the 'Technology Administration Act of

1998'.''

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-245, title II, Sec. 201(a), Feb. 14, 1992, 106 Stat.

15, provided that: ''This title (amending sections 272 and 278n of

this title and enacting provisions set out as notes under section

278n of this title) may be cited as the 'Emerging Technologies and

Advanced Technology Program Amendments Act of 1991'.''

SHORT TITLE OF 1988 AMENDMENT

Section 5101 of Pub. L. 100-418 provided that: ''This part (part

I (Sec. 5101-5164) of subtitle B of title V of Pub. L. 100-418,

enacting sections 205j-1, 278i to 278o, 282a, 1532, 1533, 3704a,

and 4632 of this title, amending this section, sections 205a, 205b,

205k, 272 to 275, 278, 278b, 278d, 278e, 278g to 278g-4, 3703,

3706, 3708, 3710, 3710c, and 3713 of this title, and section 5315

of Title 5, Government Organization and Employees, repealing

sections 280 to 282 of this title, enacting provisions set out as

notes under this section, sections 272, 272, 278l, and 278n of this

title, and section 1803 of Title 30, Mineral Lands and Mining, and

amending provisions set out as a note under this section) may be

cited as the 'Technology Competitiveness Act'.''

SHORT TITLE

Act Mar. 3, 1901, ch. 872, Sec. 32, formerly Sec. 23, as added

Jan. 8, 1988, Pub. L. 100-235, Sec. 3(3), 101 Stat. 1728;

renumbered Sec. 31 and amended Pub. L. 100-418, title V, Sec.

5114(1), 5115(a)(2), Aug. 23, 1988, 102 Stat. 1432, 1433;

renumbered Sec. 32, Pub. L. 105-309, Sec. 4(a), Oct. 30, 1998, 112

Stat. 2935, provided that: ''This Act (enacting this chapter) may

be cited as the National Institute of Standards and Technology

Act.''

(Another section 32 of act Mar. 3, 1901, ch. 872, is classified

to section 278q of this title.)

SAVINGS PROVISION

Act Mar. 3, 1901, ch. 872, Sec. 29, as added Aug. 23, 1988, Pub.

L. 100-418, title V, Sec. 5161, 102 Stat. 1449, provided that:

''All rules and regulations, determinations, standards, contracts,

certifications, authorizations, delegations, results and findings

of investigations, or other actions duly issued, made, or taken by

or pursuant to this Act (enacting this chapter), or under the

authority of any other statutes which resulted in the assignment of

functions or activities to the Secretary, the Department, the

Director, or the Institute, as are in effect immediately before the

date of enactment of this section (Aug. 23, 1988), and not

suspended by the Secretary, the Director, the Institute or the

courts, shall continue in full force and effect after the date of

enactment of this section until modified or rescinded.''

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15 USC Sec. 272 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

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Sec. 272. Establishment, functions, and activities

-STATUTE-

(a) Establishment of National Institute of Standards and Technology

There is established within the Department of Commerce a science,

engineering, technology, and measurement laboratory to be known as

the National Institute of Standards and Technology (hereafter in

this chapter referred to as the ''Institute'').

(b) Functions of Secretary and Institute

The Secretary of Commerce (hereafter in this chapter referred to

as the ''Secretary'') acting through the Director of the Institute

(hereafter in this chapter referred to as the ''Director'') and, if

appropriate, through other officials, is authorized to take all

actions necessary and appropriate to accomplish the purposes of

this chapter, including the following functions of the Institute -

(1) to assist industry in the development of technology and

procedures needed to improve quality, to modernize manufacturing

processes, to ensure product reliability, manufacturability,

functionality, and cost-effectiveness, and to facilitate the more

rapid commercialization, especially by small- and medium-sized

companies throughout the United States, of products based on new

scientific discoveries in fields such as automation, electronics,

advanced materials, biotechnology, and optical technologies;

(2) to develop, maintain, and retain custody of the national

standards of measurement, and provide the means and methods for

making measurements consistent with those standards;

(3) to compare standards used in scientific investigations,

engineering, manufacturing, commerce, industry, and educational

institutions with the standards adopted or recognized by the

Federal Government and to coordinate the use by Federal agencies

of private sector standards, emphasizing where possible the use

of standards developed by private, consensus organizations;

(4) to enter into contracts, including cooperative research and

development arrangements, in furtherance of the purposes of this

chapter;

(5) to provide United States industry, Government, and

educational institutions with a national clearinghouse of current

information, techniques, and advice for the achievement of higher

quality and productivity based on current domestic and

international scientific and technical development;

(6) to assist industry in the development of measurements,

measurement methods, and basic measurement technology;

(7) to determine, compile, evaluate, and disseminate physical

constants and the properties and performance of conventional and

advanced materials when they are important to science,

engineering, manufacturing, education, commerce, and industry and

are not available with sufficient accuracy elsewhere;

(8) to develop a fundamental basis and methods for testing

materials, mechanisms, structures, equipment, and systems,

including those used by the Federal Government;

(9) to assure the compatibility of United States national

measurement standards with those of other nations;

(10) to cooperate with other departments and agencies of the

Federal Government, with industry, with State and local

governments, with the governments of other nations and

international organizations, and with private organizations in

establishing standard practices, codes, specifications, and

voluntary consensus standards;

(11) to advise government and industry on scientific and

technical problems;

(12) to invent, develop, and (when appropriate) promote

transfer to the private sector of measurement devices to serve

special national needs; and

(13) to coordinate Federal, State, and local technical

standards activities and conformity assessment activities, with

private sector technical standards activities and conformity

assessment activities, with the goal of eliminating unnecessary

duplication and complexity in the development and promulgation of

conformity assessment requirements and measures.

In carrying out the functions specified in subsection (b) of this

section, the Secretary, acting through the Director and, if

appropriate, through other appropriate officials, may, among other

things -

(1) construct physical standards;

(2) test, calibrate, and certify standards and standard

measuring apparatus;

(3) study and improve instruments, measurement methods, and

industrial process control and quality assurance techniques;

(4) cooperate with the States in securing uniformity in weights

and measures laws and methods of inspection;

(5) cooperate with foreign scientific and technical

institutions to understand technological developments in other

countries better;

(6) prepare, certify, and sell standard reference materials for

use in ensuring the accuracy of chemical analyses and

measurements of physical and other properties of materials;

(7) in furtherance of the purposes of this chapter, accept

research associates, cash donations, and donated equipment from

industry, and also engage with industry in research to develop

new basic and generic technologies for traditional and new

products and for improved production and manufacturing;

(8) study and develop fundamental scientific understanding and

improved measurement, analysis, synthesis, processing, and

fabrication methods for chemical substances and compounds,

ferrous and nonferrous metals, and all traditional and advanced

materials, including processes of degradation;

(9) investigate ionizing and nonionizing radiation and

radioactive substances, their uses, and ways to protect people,

structures, and equipment from their harmful effects;

(10) determine the atomic and molecular structure of matter,

through analysis of spectra and other methods, to provide a basis

for predicting chemical and physical structures and reactions and

for designing new materials and chemical substances, including

biologically active macromolecules;

(11) perform research on electromagnetic waves, including

optical waves, and on properties and performance of electrical,

electronic, and electromagnetic devices and systems and their

essential materials, develop and maintain related standards, and

disseminate standard signals through broadcast and other means;

(12) develop and test standard interfaces, communication

protocols, and data structures for computer and related

telecommunications systems;

(13) study computer systems (as that term is defined in section

278g-3(d) (FOOTNOTE 1) of this title) and their use to control

machinery and processes;

(FOOTNOTE 1) See References in Text note below.

(14) perform research to develop standards and test methods to

advance the effective use of computers and related systems and to

protect the information stored, processed, and transmitted by

such systems and to provide advice in support of policies

affecting Federal computer and related telecommunications

systems;

(15) determine properties of building materials and structural

elements, and encourage their standardization and most effective

use, including investigation of fire-resisting properties of

building materials and conditions under which they may be most

efficiently used, and the standardization of types of appliances

for fire prevention;

(16) undertake such research in engineering, pure and applied

mathematics, statistics, computer science, materials science, and

the physical sciences as may be necessary to carry out and

support the functions specified in this section;

(17) compile, evaluate, publish, and otherwise disseminate

general, specific and technical data resulting from the

performance of the functions specified in this section or from

other sources when such data are important to science,

engineering, or industry, or to the general public, and are not

available elsewhere;

(18) collect, create, analyze, and maintain specimens of

scientific value;

(19) operate national user facilities;

(20) evaluate promising inventions and other novel technical

concepts submitted by inventors and small companies and work with

other Federal agencies, States, and localities to provide

appropriate technical assistance and support for those inventions

which are found in the evaluation process to have commercial

promise;

(21) demonstrate the results of the Institute's activities by

exhibits or other methods of technology transfer, including the

use of scientific or technical personnel of the Institute for

part-time or intermittent teaching and training activities at

educational institutions of higher learning as part of and

incidental to their official duties; and

(22) undertake such other activities similar to those specified

in this subsection as the Director determines appropriate.

(d) Management costs

In carrying out the extramural funding programs of the Institute,

including the programs established under sections 278k, 278l, and

278n of this title, the Secretary may retain reasonable amounts of

any funds appropriated pursuant to authorizations for these

programs in order to pay for the Institute's management of these

programs.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 2, 31 Stat. 1449; July 22, 1950, ch.

486, Sec. 1, 64 Stat. 371; Pub. L. 92-317, Sec. 3(b), June 22,

1972, 86 Stat. 235; Pub. L. 100-235, Sec. 3(1), Jan. 8, 1988, 101

Stat. 1724; Pub. L. 100-418, title V, Sec. 5112(a), Aug. 23, 1988,

102 Stat. 1428; Pub. L. 102-245, title II, Sec. 201(e), Feb. 14,

1992, 106 Stat. 19; Pub. L. 104-113, Sec. 12(a), (b), Mar. 7, 1996,

110 Stat. 782.)

-REFTEXT-

REFERENCES IN TEXT

Section 278g-3 of this title, referred to in subsec. (c)(13), was

amended, and no longer defines the term ''computer systems''.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(2). Pub. L. 104-113, Sec. 12(a)(1), struck out

'', including comparing standards used in scientific

investigations, engineering, manufacturing, commerce, industry, and

educational institutions with the standards adopted or recognized

by the Federal Government'' after ''consistent with those

standards''.

Subsec. (b)(3) to (12). Pub. L. 104-113, Sec. 12(a)(2), (3),

added par. (3) and redesignated former pars. (3) to (11) as (4) to

(12), respectively.

Subsec. (b)(13). Pub. L. 104-113, Sec. 12(b)(3), added par. (13).

1992 - Subsec. (d). Pub. L. 102-245 added subsec. (d).

1988 - Pub. L. 100-418 amended section generally, substituting

provisions relating to establishment, functions and activities of

the National Institute of Standards and Technology and the

Secretary of Commerce for provisions which authorized Secretary to

undertake certain enumerated functions and activities related to

the National Bureau of Standards and for which need might arise in

operations of Government agencies, scientific institutions, and

industrial enterprises.

Par. (20). Pub. L. 100-235 added par. (20).

1972 - Par. (19). Pub. L. 92-317 inserted provisions authorizing

use of National Bureau of Standards personnel for teaching and

training activities without additional compensation.

1950 - Act July 22, 1950, provided basic authority for

performance of certain functions and activities of Department of

Commerce.

ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS

Pub. L. 105-309, Sec. 6, Oct. 30, 1998, 112 Stat. 2936, provided

that:

''(a) Definitions. - In this section -

''(1) Educationally useful federal equipment. - The term

'educationally useful Federal equipment' means computers and

related peripheral tools and research equipment that is

appropriate for use in schools.

''(2) School. - The term 'school' means a public or private

educational institution that serves any of the grades of

kindergarten through grade 12.

''(b) Sense of the Congress. -

''(1) In general. - It is the sense of the Congress that the

Director of the National Institute of Standards and Technology

should, to the greatest extent practicable and in a manner

consistent with applicable Federal law (including Executive Order

No. 12999 (40 U.S.C. 549 note)), donate educationally useful

Federal equipment to schools in order to enhance the science and

mathematics programs of those schools.

''(2) Reports. -

''(A) In general. - Not later than 1 year after the date of

the enactment of this Act (Oct. 30, 1998), and annually

thereafter, the Director of the National Institute of Standards

and Technology shall prepare and submit to the President a

report. The President shall submit the report to Congress at

the same time as the President submits a budget request to

Congress under section 1105(a) of title 31, United States Code.

''(B) Contents of report. - The report prepared by the

Director under this paragraph shall describe any donations of

educationally useful Federal equipment to schools made during

the period covered by the report.''

TRANSMITTAL OF PLAN FOR STANDARDS CONFORMITY TO CONGRESS

Section 12(c) of Pub. L. 104-113 provided that: ''The National

Institute of Standards and Technology shall, within 90 days after

the date of enactment of this Act (Mar. 7, 1996), transmit to the

Congress a plan for implementing the amendments made by this

section (amending this section and enacting provisions set out as a

note below).''

UTILIZATION OF CONSENSUS TECHNICAL STANDARDS BY FEDERAL AGENCIES

Pub. L. 104-113, Sec. 12(d), Mar. 7, 1996, 110 Stat. 783, as

amended by Pub. L. 107-107, div. A, title XI, Sec. 1115, Dec. 28,

2001, 115 Stat. 1241, provided that:

''(1) In general. - Except as provided in paragraph (3) of this

subsection, all Federal agencies and departments shall use

technical standards that are developed or adopted by voluntary

consensus standards bodies, using such technical standards as a

means to carry out policy objectives or activities determined by

the agencies and departments.

''(2) Consultation; participation. - In carrying out paragraph

(1) of this subsection, Federal agencies and departments shall

consult with voluntary, private sector, consensus standards bodies

and shall, when such participation is in the public interest and is

compatible with agency and departmental missions, authorities,

priorities, and budget resources, participate with such bodies in

the development of technical standards.

''(3) Exception. - If compliance with paragraph (1) of this

subsection is inconsistent with applicable law or otherwise

impractical, a Federal agency or department may elect to use

technical standards that are not developed or adopted by voluntary

consensus standards bodies if the head of each such agency or

department transmits to the Office of Management and Budget an

explanation of the reasons for using such standards. Each year,

beginning with fiscal year 1997, the Office of Management and

Budget shall transmit to Congress and its committees a report

summarizing all explanations received in the preceding year under

this paragraph.

''(4) Expenses of government personnel. - Section 5946 of title

5, United States Code, shall not apply with respect to any activity

of an employee of a Federal agency or department that is determined

by the head of that agency or department as being an activity

undertaken in carrying out this subsection.

''(5) Definition of technical standards. - As used in this

subsection, the term 'technical standards' means performance-based

or design-specific technical specifications and related management

systems practices.''

INTERNATIONAL STANDARDS

Pub. L. 100-519, title I, Sec. 112, Oct. 24, 1988, 102 Stat.

2592, provided that:

''(a) Program. - The Secretary, acting through the Director of

the National Institute of Standards and Technology and other

appropriate officials, shall seek funding for and establish, within

6 months after the date of the enactment of this Act (Oct. 24,

1988), a program to assist other countries in the development of

their domestic standards which are compatible with standards in

general use in the United States. After the program is established,

it shall be funded through voluntary contributions from the private

sector to fully reimburse the United States for expenses incurred

during fiscal years 1989 and 1990. The program shall begin on a

pilot basis focusing on one or two countries or groups of countries

which are major United States trading partners and have expressed

interest in such program. The Secretary shall ensure that

contributions which are earmarked by country are spent to assist

the development of standards by that country or group of countries.

''(b) Long-Term Plan. - No later than June 30, 1989, the

Secretary shall submit to the Committee on Science, Space, and

Technology of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate a long-term

plan for assistance under this section for each nation or group of

nations which annually has imports of at least $1,000,000,000 from

the United States (or has the potential for being a major importer

from the United States) and which desires such assistance. The

plan shall include a description of the resources needed to provide

such assistance, the appropriate and likely sources of such funds,

and the appropriate relationship between the program established

under this section and private sector standards organizations.

Special consideration is to be given to the feasibility of

establishing a data base and other methods for making standards

information developed in cooperation with one country available to

other countries.''

INITIAL ORGANIZATION PLAN FOR INSTITUTE

Section 5112(d) of Pub. L. 100-418 provided that:

''(1) At least 60 days before its effective date and within 120

days after the date of the enactment of this Act (Aug. 23, 1988),

an initial organization plan for the National Institute of

Standards and Technology (hereafter in this part (see Short Title

of 1988 Amendment note set out under section 271 of this title)

referred to as the 'Institute') shall be submitted by the Director

of the Institute (hereafter in this part referred to as the

'Director') after consultation with the Visiting Committee on

Advanced Technology, to the Committee on Science, Space, and

Technology of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate. Such plan

shall -

''(A) establish the major operating units of the Institute;

''(B) assign each of the activities listed in section 2(c) of

the Act of March 3, 1901 (15 U.S.C. 272(c)), and all other

functions and activities of the Institute, to at least one of the

major operating units established under subparagraph (A);

''(C) provide details of a 2-year program for the Institute,

including the Advanced Technology Program;

''(D) provide details regarding how the Institute will expand

and fund the Inventions program in accordance with section 27 of

the Act of March 3, 1901 (15 U.S.C. 278m); and

''(E) make no changes in the Center for Building Technology or

the Center for Fire Research.

''(2) The Director may revise the organization plan. Any

revision of the organization plan submitted under paragraph (1)

shall be submitted to the appropriate committees of the House of

Representatives and the Senate at least 60 days before the

effective date of such revision.

''(3) Until the effective date of the organization plan, the

major operating units of the Institute shall be the major operating

units of the National Bureau of Standards that were in existence on

the date of the enactment of this Act (Aug. 23, 1988) and the

Advanced Technology Program.''

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; SMALL BUSINESS PLAN

Section 5163(b) of Pub. L. 100-418 provided that: ''The Director

of the National Institute of Standards and Technology shall prepare

a plan detailing the manner in which the Institute will make small

businesses more aware of the Institute's activities and research,

and the manner in which the Institute will seek to increase the

application by small businesses of the Institute's research,

particularly in manufacturing. The plan shall be submitted to the

Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Science, Space, and Technology of the House of

Representatives not later than 120 days after the date of the

enactment of this Act (Aug. 23, 1988).''

CONSTRUCTION OF RADIO LABORATORY BUILDING

Act Oct. 25, 1949, ch. 703, 63 Stat. 886, provided for the

construction and equipment of a suitable radio laboratory building,

together with necessary utilities and appurtenances thereto, under

a limit of cost of $4,475,000, for the National Bureau of

Standards.

CONSTRUCTION OF A GUIDED-MISSILE RESEARCH LABORATORY

Act Oct. 25, 1949, ch. 728, 63 Stat. 905, provided for the

construction and equipment of a research laboratory building,

suitable for use as a guided-missile laboratory, together with

necessary utilities and appurtenances thereto, under a limit of

cost of $1,900,000, for the National Bureau of Standards.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1454 of this title.

-CITE-

15 USC Sec. 272a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 272a. Technology services

-STATUTE-

In addition to such other technology services and technology

extension activities which may be mandated or authorized by law,

and in order to help improve the use of technology by small and

medium-sized industrial firms within the United States, the

Director of the National Institute of Standards and Technology, as

appropriate, shall -

(1) work directly with States, local governments, and other

appropriate organizations to provide for extended distribution of

Standard Reference Materials, Standard Reference Data,

calibrations, and related technical services and to help transfer

other expertise and technology to the States and to small

businesses and other businesses within the States;

(2) evaluate those inventions from small businesses or

individuals which have a significant potential for improving

competitiveness;

(3) provide support for workshops on technical and

entrepreneurial topics and share information developed through

the Malcolm Baldrige Quality Award Program; and

(4) work with other Federal agencies to provide technical and

related assistance to the States and businesses within the

States.

-SOURCE-

(Pub. L. 100-519, title I, Sec. 109, Oct. 24, 1988, 102 Stat.

2591.)

-COD-

CODIFICATION

Section was enacted as part of the National Institute of

Standards and Technology Authorization Act for Fiscal Year 1989,

and not as part of the National Institute of Standards and

Technology Act which comprises this chapter.

-CITE-

15 USC Sec. 272b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 272b. Annual budget submission

-STATUTE-

The National Institute of Standards and Technology shall annually

submit to the Congress, at the time of the release of the

President's budget, a three year budget estimate for the Institute,

including funding estimates for each major account and new

initiative.

-SOURCE-

(Pub. L. 100-519, title I, Sec. 111, Oct. 24, 1988, 102 Stat.

2592.)

-COD-

CODIFICATION

Section was enacted as part of the National Institute of

Standards and Technology Authorization Act for Fiscal Year 1989,

and not as part of the National Institute of Standards and

Technology Act which comprises this chapter.

-CITE-

15 USC Sec. 273 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 273. Functions; for whom exercised

-STATUTE-

The Institute is authorized to exercise its functions for the

Government of the United States and for international organizations

of which the United States is a member; for governments of friendly

countries; for any State or municipal government within the United

States; or for any scientific society, educational institution,

firm, corporation, or individual within the United States or

friendly countries engaged in manufacturing or other pursuits

requiring the use of standards or standard measuring instruments:

Provided, That the exercise of these functions for international

organizations, governments of friendly countries and scientific

societies, educational institutions, firms, corporations, or

individuals therein shall be in coordination with other agencies of

the United States Government, in particular the Department of State

in respect to foreign entities. All requests for the services of

the Institute shall be made in accordance with the rules and

regulations herein established.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 3, 31 Stat. 1449; Pub. L. 92-317, Sec.

3(c), June 22, 1972, 86 Stat. 235; Pub. L. 100-418, title V, Sec.

5115(a)(1), Aug. 23, 1988, 102 Stat. 1433.)

-REFTEXT-

REFERENCES IN TEXT

''Herein'', referred to in last sentence of this section, refers

to act Mar. 3, 1901, ch. 872, which is classified generally to this

chapter.

-MISC2-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''Institute'' for ''Bureau''

and for ''bureau''.

1972 - Pub. L. 92-317 authorized the Bureau to extend its

services to international organizations of which the United States

is a member, and for governments of friendly countries in

coordination with the Department of State.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 275a, 276, 278b of this

title.

-CITE-

15 USC Sec. 274 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 274. Director; powers and duties; report; compensation

-STATUTE-

The Director shall be appointed by the President, by and with the

advice and consent of the Senate. The Director shall have the

general supervision of the Institute, its equipment, and the

exercise of its functions. The Director shall make an annual

report to the Secretary of Commerce. The Director may issue, when

necessary, bulletins for public distribution, containing such

information as may be of value to the public or facilitate the

exercise of the functions of the Institute. The Director shall be

compensated at the rate in effect for level IV of the Executive

Schedule under section 5315 of title 5. Until such time as the

Director assumes office under this section, the most recent

Director of the National Bureau of Standards shall serve as

Director.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 5, 31 Stat. 1449; Pub. L. 99-73, Sec.

6(a), July 29, 1985, 99 Stat. 172; Pub. L. 100-418, title V, Sec.

5112(c)(1), Aug. 23, 1988, 102 Stat. 1431.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 amended section generally, substituting

provisions relating to appointment, powers and duties, and

compensation of, and reports by, Director of the Institute for

similar provisions relating to Director of the Bureau of Standards,

striking out requirement that the annual report include an abstract

of the work done during the year and a financial statement, and

inserting provision that until such time as the Director assumes

office under this section, the most recent Director of the National

Bureau of Standards shall serve as Director.

1985 - Pub. L. 99-73 substituted ''The Director'' for ''He'' at

beginning of second, third, and fourth sentences, and inserted

provisions relating to compensation for the Director.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-73 effective Oct. 1, 1985, see section

6(c) of Pub. L. 99-73, set out as a note under section 5315 of

Title 5, Government Organization and Employees.

-CITE-

15 USC Sec. 275 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 275. Appointment of officers and employees

-STATUTE-

The officers and employees of the Institute, except the director,

shall be appointed by the Secretary of Commerce at such time as

their respective services may become necessary.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 6, 31 Stat. 1450; Feb. 14, 1903, ch.

552, Sec. 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat.

736; Pub. L. 100-418, title V, Sec. 5115(a)(1), Aug. 23, 1988, 102

Stat. 1433.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''Institute'' for ''bureau''.

-CHANGE-

CHANGE OF NAME

Act Mar. 4, 1913, substituted ''Secretary of Commerce'' for

''Secretary of Commerce and Labor''.

-TRANS-

TRANSFER OF FUNCTIONS

Act Feb. 14, 1903, transferred power and authority of Secretary

of the Treasury over Bureau of Standards to Secretary of Commerce

and Labor.

-MISC5-

DEMONSTRATION PROJECT RELATING TO PERSONNEL MANAGEMENT

Pub. L. 99-574, Sec. 10, Oct. 28, 1986, 100 Stat. 3238, as

amended by Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988,

102 Stat. 1433, directed the Office of Personnel Management and the

National Institute of Standards and Technology to jointly design an

alternative personnel management system demonstration project to be

commenced not later than Jan. 1, 1988, and to be conducted by the

Director of the Institute in accordance with section 4703 of Title

5, Government Organization and Employees, with the Director of the

Office of Personnel Management to provide that the project be

evaluated annually by a contractor, and a report of the

contractor's findings submitted to the Office, and, along with any

comments of the Office and the Institute, submitted to the

Congress, and a final report to be submitted to the Congress by the

Comptroller General not later than 4 years after the date on which

the project commences, such report to include any recommendations

for legislation or other action considered appropriate by the

Comptroller General.

(Pub. L. 104-113, Sec. 10, Mar. 7, 1996, 110 Stat. 779, provided

that: ''The personnel management demonstration project established

under section 10 of the National Bureau of Standards Authorization

Act for Fiscal Year 1987 (Pub. L. 99-574) (15 U.S.C. 275 note) is

extended indefinitely.'')

-CITE-

15 USC Sec. 275a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 275a. Service charges

-STATUTE-

The Secretary shall charge for services performed under the

authority of section 273 of this title, except in cases where he

determines that the interest of the Government would be best served

by waiving the charge. Such charges may be based upon fixed prices

or costs. The appropriation or fund bearing the cost of the

services may be reimbursed, or the Secretary may require advance

payment subject to such adjustment on completion of the work as may

be agreed upon.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 7, as added Aug. 3, 1956, ch. 906,

Sec. 1, 70 Stat. 959.)

-COD-

CODIFICATION

Provisions relating to fees were formerly contained in section

276 of this title.

-CITE-

15 USC Sec. 275b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 275b. Charges for activities performed for other agencies

-STATUTE-

The Secretary of Commerce shall charge for any service performed

by the Institute, at the request of another Government agency, in

compliance with any statute, enacted before, on, or after October

6, 1982, which names the Secretary or the Institute as a consultant

to another Government agency, or calls upon the Secretary or the

Institute to support or perform any activity for or on behalf of

another Government agency, or to cooperate with any Government

agency in the performance by that agency of any activity,

regardless of whether the statute specifically requires

reimbursement to the Secretary or the Institute by such other

Government agency for such service, unless funds are specifically

appropriated to the Secretary or the Institute to perform such

service. The Secretary may, however, waive any charge where the

service rendered by the Institute is such that the Institute will

incur only nominal costs in performing it. Costs shall be

determined in accordance with section 278b(e) of this title.

-SOURCE-

(Pub. L. 97-286, Sec. 8, Oct. 6, 1982, 96 Stat. 1223; Pub. L.

100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)

-COD-

CODIFICATION

Section was not enacted as part of the National Institute of

Standards and Technology Act which comprises this chapter.

-MISC3-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''Institute'' for ''Bureau''

wherever appearing.

-CITE-

15 USC Sec. 275c 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 275c. Cost recovery authority

-STATUTE-

Fees for calibration services, standard reference materials, and

other comparable services provided by the National Institute of

Standards and Technology shall be at least sufficient to meet the

requirements set forth in the amendments made by subsection (a),

(FOOTNOTE 1) and any funds recovered in excess of such requirements

shall be returned to the Treasury of the United States.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 99-73, Sec. 5(b), July 29, 1985, 99 Stat. 172; Pub. L.

100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)

-REFTEXT-

REFERENCES IN TEXT

The amendments made by subsection (a), referred to in text, mean

the amendments made by subsec. (a) of section 5 of Pub. L. 99-73,

which amended section 278b(f) of this title.

-COD-

CODIFICATION

Section was not enacted as part of the National Institute and

Technology Act which comprises this chapter.

-MISC3-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''National Institute of

Standards and Technology'' for ''National Bureau of Standards''.

EFFECTIVE DATE

Section 5(c) of Pub. L. 99-73 provided that: ''The amendments

made by subsection (a) (amending section 278b of this title) (and

the provisions of subsection (b) (enacting this section)) shall be

effective October 1, 1984.''

-CITE-

15 USC Sec. 276 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 276. Ownership of facilities

-STATUTE-

In the absence of specific agreement to the contrary, additional

facilities, including equipment, purchased pursuant to the

performance of services authorized by section 273 of this title

shall become the property of the Department of Commerce.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 8, 31 Stat. 1450; June 30, 1932, ch.

314, title III, Sec. 312, 47 Stat. 410; Aug. 3, 1956, ch. 906, Sec.

1, 70 Stat. 959.)

-MISC1-

AMENDMENTS

1956 - Act Aug. 3, 1956, substituted provisions relating to

ownership of additional facilities by the Department of Commerce

(formerly contained in section 278b of this title) for those

relating to fees, see section 275a of this title.

1932 - Act June 30, 1932, inserted provision for payment of

moneys into the Treasury, among other changes.

EFFECTIVE DATE OF 1932 AMENDMENT

Amendment by act June 30, 1932, effective July 1, 1932, see

section 314 of that act.

-CITE-

15 USC Sec. 277 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 277. Regulations

-STATUTE-

The Secretary of Commerce shall, from time to time, make

regulations regarding the payment of fees, the limits of tolerance

to be attained in standards submitted for verification, the sealing

of standards, the disbursement and receipt of moneys, and such

other matters as he may deem necessary for carrying this chapter

into effect.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 9, 31 Stat. 1450; Feb. 14, 1903, ch.

552, Sec. 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat.

736.)

-CHANGE-

CHANGE OF NAME

Act Mar. 4, 1913, substituted ''Secretary of Commerce'' for

''Secretary of Commerce and Labor''.

-TRANS-

TRANSFER OF FUNCTIONS

Act Feb. 14, 1903, transferred power and authority of Secretary

of the Treasury over Bureau of Standards to Secretary of Commerce

and Labor.

-CITE-

15 USC Sec. 278 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278. Visiting Committee on Advanced Technology

-STATUTE-

(a) Establishment; appointment; membership and composition; review

and recommendations

There is established within the Institute a Visiting Committee on

Advanced Technology (hereafter in this chapter referred to as the

''Committee''). The Committee shall consist of 15 members appointed

by the Director, at least 10 of whom shall be from United States

industry. The Director shall appoint as original members of the

Committee any final members of the National Bureau of Standards

Visiting Committee who wish to serve in such capacity. In addition

to any powers and functions otherwise granted to it by this

chapter, the Committee shall review and make recommendations

regarding general policy for the Institute, its organization, its

budget, and its programs within the framework of applicable

national policies as set forth by the President and the Congress.

(b) Qualifications; recommendations for appointment

The persons appointed as members of the Committee -

(1) shall be eminent in fields such as business, research, new

product development, engineering, labor, education, management

consulting, environment, and international relations;

(2) shall be selected solely on the basis of established

records of distinguished service;

(3) shall not be employees of the Federal Government; and

(4) shall be so selected as to provide representation of a

cross-section of the traditional and emerging United States

industries.

The Director is requested, in making appointments of persons as

members of the Committee, to give due consideration to any

recommendations which may be submitted to the Director by the

National Academies, professional societies, business associations,

labor associations, and other appropriate organizations.

(1) The term of office of each member of the Committee, other

than the original members, shall be 3 years; except that any member

appointed to fill a vacancy occurring prior to the expiration of

the term for which his predecessor was appointed shall be appointed

for the remainder of such term. Any person who has completed two

consecutive full terms of service on the Committee shall thereafter

be ineligible for appointment during the one-year period following

the expiration of the second such term.

(2) The original members of the Committee shall be elected to

three classes of three members each; one class shall have a term of

one year, one a term of two years, and the other a term of three

years.

(d) Meetings; quorum; notice

The Committee shall meet at least quarterly at the call of the

Chairman or whenever one-third of the members so request in

writing. A majority of the members of the Committee not having a

conflict of interest in the matter being considered by the

Committee shall constitute a quorum. Each member shall be given

appropriate notice, whenever possible, not less than 15 days prior

to any meeting, of the call of such meeting.

(e) Appointment by Committee of executive and other committees

The Committee shall have an executive committee, and may delegate

to it or to the Secretary such of the powers and functions granted

to the Committee by this chapter as it deems appropriate. The

Committee is authorized to appoint from among its members such

other committees as it deems necessary, and to assign to committees

so appointed such survey and advisory functions as the Committee

deems appropriate to assist it in exercising its powers and

functions under this chapter.

(f) Chairman; Vice Chairman

The election of the Chairman and Vice Chairman of the Committee

shall take place at each annual meeting occurring in an

even-numbered year. The Vice Chairman shall perform the duties of

the Chairman in his absence. In case a vacancy occurs in the

chairmanship or vice chairmanship, the Committee shall elect a

member to fill such vacancy.

(g) Professional and clerical staff

The Committee may, with the concurrence of a majority of its

members, permit the appointment of a staff consisting of not more

than four professional staff members and such clerical staff

members as may be necessary. Such staff shall be appointed by the

Director, after consultation with the Chairman of the Committee,

and assigned at the direction of the Committee. The professional

members of such staff may be appointed without regard to the

provisions of title 5 governing appointments in the competitive

service and the provisions of chapter 51 of title 5 relating to

classification, and compensated at a rate not exceeding the

appropriate rate provided for individuals in grade GS-18 of the

General Schedule under section 5332 of title 5, as may be necessary

to provide for the performance of such duties as may be prescribed

by the Committee in connection with the exercise of its powers and

functions under this chapter.

(h) Annual and other reports to Secretary and Congress

(1) The Committee shall render an annual report to the Secretary

for submission to the Congress on or before January 31 in each

year. Such report shall deal essentially, though not necessarily

exclusively, with policy issues or matters which affect the

Institute, including the Program established under section 278n of

this title, or with which the Committee in its official role as the

private sector policy advisor of the Institute is concerned. Each

such report shall identify areas of research and research

techniques of the Institute of potential importance to the

long-term competitiveness of United States industry, in which the

Institute possesses special competence, which could be used to

assist United States enterprises and United States industrial joint

research and development ventures.

(2) The Committee shall render to the Secretary and the Congress

such additional reports on specific policy matters as it deems

appropriate.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 10, 31 Stat. 1450; Pub. L. 100-418,

title V, Sec. 5115(a)(1), 5131(b), Aug. 23, 1988, 102 Stat. 1433,

1441; Pub. L. 104-113, Sec. 8(1), Mar. 7, 1996, 110 Stat. 779.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (g), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-113 substituted ''15 members''

for ''nine members'' and ''at least 10'' for ''at least five''.

1988 - Pub. L. 100-418, Sec. 5131(b), amended section generally,

substituting provisions of subsecs. (a) to (h) relating to Visiting

Committee on Advanced Technology for provisions of former single

undesignated paragraph which related to a visiting committee which

was to visit bureau at least once a year and report to Secretary of

Commerce upon efficiency of its scientific work and condition of

its equipment.

Pub. L. 100-418, Sec. 5115(a)(1), substituted ''Institute'' for

''bureau''.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 278n of this title.

-CITE-

15 USC Sec. 278a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278a. Repealed. Pub. L. 88-611, Sec. 4(a)(1), Oct. 2, 1964, 78

Stat. 991

-MISC1-

Section, act Mar. 3, 1901, ch. 872, Sec. 11, as added July 22,

1950, ch. 486, Sec. 2, 64 Stat. 373; amended Aug. 3, 1956, ch. 906,

Sec. 2, 70 Stat. 959; Sept. 2, 1958, Pub. L. 85-890, Sec. 2, 72

Stat. 1712, provided for acceptance of gifts and bequests. See

sections 1522 and 1523 of this title.

-CITE-

15 USC Sec. 278b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278b. Working Capital Fund

-STATUTE-

(a) Utilization

The Institute is authorized to utilize in the performance of its

functions the Working Capital Fund established by the Act of June

29, 1950 (64 Stat. 275).

(b) Availability of Fund

The working capital of the fund shall be available for obligation

and payment for any activities authorized by this chapter, and for

any activities for which provision is made in the appropriations

which reimburse the fund.

In the performance of authorized activities, the Working Capital

Fund shall be available and may be reimbursed for expenses of hire

of automobile, hire of consultants, and travel to meetings, to the

extent that such expenses are authorized for the appropriations of

the Department of Commerce.

(d) Credits

The fund may be credited with advances and reimbursements,

including receipts from non-Federal sources, for services performed

under the authority of section 273 of this title.

(e) ''Cost'' defined

As used in this chapter, the term ''cost'' shall be construed to

include directly related expenses and appropriate charges for

indirect and administrative expenses.

(f) Distribution of earnings; restoration of prior impairment

The amount of any earned net income resulting from the operation

of the fund at the close of each fiscal year shall be paid into the

general fund of the Treasury: Provided, That such earned net income

may be applied to restore any prior impairment of the fund, and to

ensure the availability of working capital necessary to replace

equipment and inventories.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 12, as added Aug. 3, 1956, ch. 906,

Sec. 2, 70 Stat. 959; amended Pub. L. 95-322, Sec. 2(a), July 21,

1978, 92 Stat. 395; Pub. L. 99-73, Sec. 5(a), July 29, 1985, 99

Stat. 172; Pub. L. 100-418, title V, Sec. 5115(a)(1), Aug. 23,

1988, 102 Stat. 1433.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 29, 1950 (64 Stat. 275), referred to in subsec. (a),

was the Deficiency Appropriation Act, 1950. Provisions thereof

relating to Working Capital Fund are not classified to the Code.

-MISC2-

PRIOR PROVISIONS

A prior section 12 of act Mar. 3, 1901, ch. 872, as added by act

July 22, 1950, ch. 486, Sec. 2, 64 Stat. 373, related to equipment

purchased by Department of Commerce to carry out investigations,

prior to repeal by act Aug. 3, 1956.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-418 substituted ''Institute'' for

''National Bureau of Standards''.

1985 - Subsec. (f). Pub. L. 99-73 struck out ''first'' after

''may be applied'', and inserted provisions relating to working

capital for replacement of equipment and inventories.

1978 - Subsec. (a). Pub. L. 95-322 struck out '', and additional

amounts as from time to time may be required for the purposes of

said fund are authorized to be appropriated'' after ''(64 Stat.

275)''.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-73 effective Oct. 1, 1984, see section

5(c) of Pub. L. 99-73, set out as an Effective Date note under

section 275c of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 275b of this title.

-CITE-

15 USC Sec. 278c 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278c. Acquisition of land for field sites

-STATUTE-

To the extent that funds are specifically appropriated therefor,

the Secretary of Commerce is authorized to acquire land for such

field sites as are necessary for the proper and efficient conduct

of the activities authorized herein.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 13, as added Pub. L. 85-890, Sec. 1,

Sept. 2, 1958, 72 Stat. 1711.)

-REFTEXT-

REFERENCES IN TEXT

''Herein'', referred to in text, refers to act Mar. 3, 1901, ch.

872, which is classified generally to this chapter.

-MISC2-

PRIOR PROVISIONS

A prior section 13 of act Mar. 3, 1901, ch. 872, as added July

22, 1950, ch. 486, Sec. 2, 64 Stat. 373, related to acceptance of

gifts and bequests, prior to repeal by act Aug. 3, 1956. See

sections 1522 and 1523 of this title.

-CITE-

15 USC Sec. 278d 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278d. Construction and improvement of buildings and facilities

-STATUTE-

Within the limits of funds which are appropriated for the

Institute, the Secretary of Commerce is authorized to undertake

such construction of buildings and other facilities and to make

such improvements to existing buildings, grounds, and other

facilities occupied or used by the Institute as are necessary for

the proper and efficient conduct of the activities authorized

herein.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 14, as added Pub. L. 85-890, Sec. 1,

Sept. 2, 1958, 72 Stat. 1711; amended Pub. L. 92-317, Sec. 3(d),

June 22, 1972, 86 Stat. 235; Pub. L. 96-461, Sec. 8, Oct. 15, 1980,

94 Stat. 2051; Pub. L. 100-418, title V, Sec. 5115(a)(1), Aug. 23,

1988, 102 Stat. 1433; Pub. L. 102-245, title I, Sec. 104(f), Feb.

14, 1992, 106 Stat. 11.)

-REFTEXT-

REFERENCES IN TEXT

''Herein'', referred to in text, refers to act Mar. 3, 1901, ch.

872, which is classified generally to this chapter.

-MISC2-

AMENDMENTS

1992 - Pub. L. 102-245 substituted ''herein.'' for ''herein:

Provided, That no improvement shall be made nor shall any building

be constructed under this authority at a cost in excess of $250,000

unless specific provision is made therefor in the appropriation

concerned.''

1988 - Pub. L. 100-418 substituted ''Institute'' for ''National

Bureau of Standards'' wherever appearing.

1980 - Pub. L. 96-461 substituted ''$250,000'' for $75,000''.

1972 - Pub. L. 92-317 substituted ''$75,000'' for ''$40,000''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-461 effective Oct. 1, 1980, see section

11 of Pub. L. 96-461, set out as an Effective Date note under

section 278g of this title.

FACILITIES FOR COLD NEUTRON RESEARCH

Pub. L. 101-162, title I, Sec. 104, Nov. 21, 1989, 103 Stat. 994,

provided that: ''Hereafter, the National Institute of Standards and

Technology is authorized to accept contributions of funds, to

remain available until expended, from any public or private source

to construct a facility for cold neutron research on materials,

notwithstanding the limitations contained in 15 U.S.C. 278d.''

-CITE-

15 USC Sec. 278e 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278e. Functions and activities

-STATUTE-

In the performance of the functions of the Institute the

Secretary of Commerce is authorized to undertake the following

activities: (a) The purchase, repair, and cleaning of uniforms for

guards; (b) the care, maintenance, protection, repair, and

alteration of Institute buildings and other plant facilities,

equipment, and property; (c) the rental of field sites and

laboratory, office, and warehouse space; (d) the purchase of

reprints from technical journals or other periodicals and the

payment of page charges for the publication of research papers and

reports in such journals; (e) the furnishing of food and shelter

without repayment therefor to employees of the Government at Arctic

and Antarctic stations; (f) for the conduct of observations on

radio propagation phenomena in the Arctic or Antarctic regions, the

appointment of employees at base rates established by the Secretary

of Commerce which shall not exceed such maximum rates as may be

specified from time to time in the appropriation concerned, and

without regard to the civil service and classification laws and

sections 5542 to 5546 of title 5; (g) the erection on leased

property of specialized facilities and working and living quarters

when the Secretary of Commerce determines that this will best serve

the interests of the Government; and (h) the provision of

transportation services for employees of the Institute between the

facilities of the Institute and nearby public transportation,

notwithstanding section 1344 of title 31.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 15, as added Pub. L. 85-890, Sec. 1,

Sept. 2, 1958, 72 Stat. 1711; amended Pub. L. 92-317, Sec. 3(e),

June 22, 1972, 86 Stat. 235; Pub. L. 100-418, title V, Sec.

5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 104-113, Sec.

8(2), Mar. 7, 1996, 110 Stat. 779.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in cl. (f), are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

The classification laws, referred to in cl. (f), are set forth in

chapter 51 (Sec. 5101 et seq.) and subchapter III (Sec. 5331 et

seq.) of chapter 53 of Title 5.

-COD-

CODIFICATION

''Sections 5542 to 5546 of title 5'' substituted in text for

''titles II and III of the Federal Employees Pay Act of 1945'' on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-113 struck out ''and'' before ''(g)'' and

inserted before period at end ''; and (h) the provision of

transportation services for employees of the Institute between the

facilities of the Institute and nearby public transportation,

notwithstanding section 1344 of title 31''.

1988 - Pub. L. 100-418 substituted ''functions of the Institute''

for ''functions of the National Bureau of Standards'' and

''Institute buildings'' for ''Bureau buildings''.

1972 - Pub. L. 92-317 substituted, in cl. (b), ''the care,

maintenance, protection, repair, and alteration of Bureau buildings

and other plant facilities, equipment, and property'' for ''the

repair and alteration of buildings and other plant facilities''.

-CITE-

15 USC Sec. 278f 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278f. Fire Research Center

-STATUTE-

(a) Establishment; programs of research; functions of Secretary;

dissemination of information

There is hereby established within the Department of Commerce a

Fire Research Center which shall have the mission of performing and

supporting research on all aspects of fire with the aim of

providing scientific and technical knowledge applicable to the

prevention and control of fires. The content and priorities of the

research program shall be determined in consultation with the

Administrator of the United States Fire Administration. In

implementing this section, the Secretary is authorized to conduct,

directly or through contracts or grants, a fire research program,

including -

(1) basic and applied fire research for the purpose of arriving

at an understanding of the fundamental processes underlying all

aspects of fire. Such research shall include scientific

investigations of -

(A) the physics and chemistry of combustion processes;

(B) the dynamics of flame ignition, flame spread, and flame

extinguishment;

various sources and under various environmental conditions;

(D) the early stages of fires in buildings and other

structures, structural subsystems and structural components in

all other types of fires, including, but not limited to, forest

fires, brush fires, fires underground, oil blowout fires, and

waterborne fires, with the aim of improving early detection

capability;

(E) the behavior of fires involving all types of buildings

and other structures and their contents (including mobile homes

and highrise buildings, construction materials, floor and wall

coverings, coatings, furnishings, and other combustible

materials), and all other types of fires, including forest

fires, brush fires, fires underground, oil blowout fires, and

waterborne fires;

(F) the unique fire hazards arising from the transportation

and use, in industrial and professional practices, of

combustible gases, fluids, and materials;

(G) design concepts for providing increased fire safety

consistent with habitability, comfort, and human impact in

buildings and other structures;

(H) such other aspects of the fire process as may be deemed

useful in pursuing the objectives of the fire research program;

and

(I) methods, procedures, and equipment for arson prevention,

detection, and investigation;

(2) research into the biological, physiological, and

psychological factors affecting human victims of fire, and the

performance of individual members of fire services, including -

(A) the biological and physiological effects of toxic

substances encountered in fires;

(B) the trauma, cardiac conditions, and other hazards

resulting from exposure to fire;

determining the cause of death from fires;

(D) improved methods of providing first aid to victims of

fires;

(E) psychological and motivational characteristics of persons

who engage in arson, and the prediction and cure of such

behavior;

(F) the conditions of stress encountered by firefighters, the

effects of such stress, and the alleviation and reduction of

such conditions; and

(G) such other biological, psychological, and physiological

effects of fire as have significance for purposes of control or

prevention of fires; and

(3) operation tests, demonstration projects, and fire

investigations in support of the activities set forth in this

section.

The Secretary shall insure that the results and advances arising

from the work of the research program are disseminated broadly. He

shall encourage the incorporation, to the extent applicable and

practicable, of such results and advances in building codes, fire

codes, and other relevant codes, test methods, fire service

operations and training, and standards. The Secretary is

authorized to encourage and assist in the development and adoption

of uniform codes, test methods, and standards aimed at reducing

fire losses and costs of fire protection.

(b) Authorization of appropriations

For purposes of this section, there are authorized to be

appropriated an amount not to exceed $5,650,000 for the fiscal year

ending September 30, 1980, which amount includes -

(1) $525,000 for programs which are recommended in the report

submitted to the Congress by the Administrator of the United

States Fire Administration pursuant to section 2220(b)(1)

(FOOTNOTE 1) of this title; and

(FOOTNOTE 1) See References in Text note below.

(2) $119,000 for adjustments required by law in salaries, pay,

retirement, and employee benefits.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 16, as added Pub. L. 93-498, Sec. 18,

Oct. 29, 1974, 88 Stat. 1545; amended Pub. L. 94-411, Sec. 1(b),

Sept. 13, 1976, 90 Stat. 1254; Pub. L. 95-422, Sec. 1(b), 2(b),

3(b), Oct. 5, 1978, 92 Stat. 932, 933; Pub. L. 96-121, Sec. 3, Nov.

16, 1979, 93 Stat. 863.)

-REFTEXT-

REFERENCES IN TEXT

Section 2220(b)(1) of this title, referred to in subsec. (b)(1),

was repealed by Pub. L. 106-503, title I, Sec. 110(a)(1)(D), Nov.

13, 2000, 114 Stat. 2302.

-MISC2-

PRIOR PROVISIONS

A prior section 16 of act Mar. 3, 1901, as added by act Mar. 1,

1968, Pub. L. 90-259, title I, Sec. 102, 82 Stat. 35, related to

fire research and safety programs, prior to repeal by act Oct. 29,

1974.

AMENDMENTS

1979 - Subsec. (b). Pub. L. 96-121 substituted provisions

authorizing to be appropriated an amount not to exceed $5,650,000

for the fiscal year ending Sept. 30, 1980, for provisions

authorizing appropriations not to exceed $1,275,000 for the

transitional fiscal quarter of July 1, 1976, through Sept. 30,

1976, not to exceed $5,500,000 for the fiscal year ending Sept. 30,

1977, not to exceed $6,000,000 for the fiscal year ending Sept. 30,

1978, and not to exceed $5,600,000 for the fiscal year ending Sept.

30, 1979, and added pars. (1) and (2).

1978 - Subsec. (a). Pub. L. 95-422, Sec. 2(b), 3(b), in

provisions preceding par. (1) substituted ''United States Fire

Administration'' for ''National Fire Prevention and Control

Administration'' and added par. (1)(I).

Subsec. (b). Pub. L. 95-422, Sec. 1(b), inserted provision

authorizing appropriation of not to exceed $5,600,000 for the

fiscal year ending Sept. 30, 1979.

1976 - Subsec. (b). Pub. L. 94-411 substituted provisions

authorizing to be appropriated not to exceed $1,275,000 for the

transitional fiscal quarter of July 1, 1976, through Sept. 30,

1976, not to exceed $5,500,000 for the fiscal year ending Sept. 30,

1977, and not to exceed $6,000,000 for the fiscal year ending Sept.

30, 1978, for provisions authorizing to be appropriated not to

exceed $3,500,000 for the fiscal year ending June 30, 1975, and not

to exceed $4,000,000 for the fiscal year ending June 30, 1976.

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.

COMBINATION OF FIRE RESEARCH AND BUILDING TECHNOLOGY PROGRAMS

Pub. L. 102-245, title I, Sec. 104(g), Feb. 14, 1992, 106 Stat.

11, provided that: ''The fire research and building technology

programs of the Institute may be combined for administrative

purposes only, and separate budget accounts for fire research and

building technology shall be maintained. No later than December

31, 1992, the Secretary, acting through the Director of the

Institute, shall report to Congress on the results of the

combination, on efforts to preserve the integrity of the fire

research and building technology programs, on the long-range basic

and applied research plans of the two programs, on procedures for

receiving advice on fire and earthquake research priorities from

constituencies concerned with public safety, and on the relation

between the combined program at the Institute and the United States

Fire Administration.''

NATIONAL COMMISSION ON FIRE PREVENTION AND CONTROL

Pub. L. 90-259, Sec. 101, 103, 104, and 201-207, established the

National Commission on Fire Prevention and Control, directed the

commission to study and investigate measures to reduce the

destructive effects of fire throughout the country, and provided

that the commission cease to exist thirty days after the submission

of its report which was to be made no later than two years after

the commission had been organized.

-EXEC-

EXECUTIVE ORDER NO. 11654

Ex. Ord. No. 11654, Mar. 13, 1972, 37 F.R. 5361, which

established in the Department of Commerce the Federal Fire Council

and provided for its membership, functions, etc., was revoked by

Ex. Ord. No. 12379, Sec. 19, Aug. 17, 1982, 47 F.R. 36100, set out

as a note under section 14 of the Federal Advisory Committee Act in

the Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2216 of this title.

-CITE-

15 USC Sec. 278g 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278g. International activities

-STATUTE-

(a) Financial assistance to foreign nationals

The Secretary is authorized, notwithstanding any other provision

of law, to expend such sums, within the limit of appropriated

funds, as the Secretary may deem desirable, through the grant of

fellowships or any other form of financial assistance, to defray

the expenses of foreign nationals not in service to the Government

of the United States while they are performing scientific or

engineering work at the Institute or participating in the exchange

of scientific or technical information at the Institute.

(b) Foreign assistance and compensation to Institute employees

The Congress consents to the acceptance by employees of the

Institute of fellowships, lectureships, or other positions for the

performance of scientific or engineering activities or for the

exchange of scientific or technical information, offered by a

foreign government, and to the acceptance and retention by an

employee of the Institute of any form of financial or other

assistance provided by a foreign government as compensation for or

as a means of defraying expenses associated with the performance of

scientific or engineering activities or the exchange of scientific

or technical information, in any case where the acceptance of such

fellowship, lectureship, or position or the acceptance and

retention of such assistance is determined by the Secretary to be

appropriate and consistent with the interests of the United States.

For the purposes of this subsection, the definitions appearing in

section 7342(a) of title 5 apply. Civil actions may be brought and

penalties assessed against any employee who knowingly accepts and

retains assistance from a foreign government not consented to by

this subsection in the same manner as is prescribed by section

7342(h) of title 5.

Provisions of law prohibiting the use of any part of any

appropriation for the payment of compensation to any employee or

officer of the Government of the United States who is not a citizen

of the United States shall not apply to the payment of compensation

to scientific or engineering personnel of the Institute.

(d) Recruitment and employment of resident aliens

For any scientific and engineering disciplines for which there is

a shortage of suitably qualified and available United States

citizens and nationals, the Secretary is authorized to recruit and

employ in scientific and engineering fields at the Institute

foreign nationals who have been lawfully admitted to the United

States for permanent residence under the Immigration and

Nationality Act (8 U.S.C. 1101 et seq.) and who intend to become

United States citizens. Employment of a person under this

paragraph shall not be subject to the provisions of title 5

governing employment in the competitive service, or to any

prohibition in any other Act against the employment of aliens, or

against the payment of compensation to them.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 17, as added Pub. L. 96-461, Sec. 9,

Oct. 15, 1980, 94 Stat. 2051; amended Pub. L. 100-418, title V,

Sec. 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-245,

title I, Sec. 104(h)(2), Feb. 14, 1992, 106 Stat. 11.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec. (d),

is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is

classified principally to chapter 12 (Sec. 1101 et seq.) of Title

8, Aliens and Nationality. For complete classification of this Act

to the Code, see Short Title note set out under section 1101 of

Title 8 and Tables.

The provisions of title 5 governing employment in the competitive

service, referred to in subsec. (d), are classified generally to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC2-

PRIOR PROVISIONS

A prior section 278g, act Mar. 3, 1901, ch. 872, Sec. 17, as

added Mar. 1, 1968, Pub. L. 90-259, title I, Sec. 102, 82 Stat. 35,

related to grants to States, local governments, other non-Federal

public agencies, and non-profit institutions, reimbursement of

Federal agencies, delegation of powers, advance of public moneys,

cooperation of Federal agencies, and issuance of rules and

regulations, prior to repeal by Pub. L. 93-498, Sec. 18, Oct. 29,

1974, 88 Stat. 1545.

AMENDMENTS

1992 - Subsec. (d). Pub. L. 102-245 added subsec. (d).

1988 - Pub. L. 100-418 substituted ''Institute'' for ''National

Bureau of Standards'' wherever appearing.

EFFECTIVE DATE

Section 11 of Pub. L. 96-461 provided that: ''The effective date

of sections 8 and 9 of this Act (enacting this section, amending

section 278d of this title, and enacting provisions set out below)

shall be October 1, 1980.''

CONGRESSIONAL DECLARATION OF PURPOSE

Section 9 of Pub. L. 96-461, as amended by Pub. L. 100-418, title

V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433, provided in part

that this section was enacted ''(i)n order to develop and

strengthen the expertise of the National Institute of Standards and

Technology in science and engineering, to enhance the Secretary's

ability to maintain the Institute's programs at the forefront of

worldwide developments in science and engineering, and to cooperate

in international scientific activities''.

-CITE-

15 USC Sec. 278g-1 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278g-1. Research fellowships and other financial assistance to

students at institutes of higher education

-STATUTE-

The Director is authorized to expend up to 1 per centum of the

funds appropriated for activities of the Institute in any fiscal

year, as the Director may deem desirable, for awards of research

fellowships and other forms of financial assistance to students at

institutions of higher learning within the United States who show

promise as present or future contributors to the mission of the

Institute, and to United States citizens for research and technical

activities on Institute programs. The selection of persons to

receive such fellowships and assistance shall be made on the basis

of ability and of the relevance of the proposed work to the mission

and programs of the Institute.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 18, as added Pub. L. 99-574, Sec.

6(a), Oct. 28, 1986, 100 Stat. 3237; amended Pub. L. 100-418, title

V, Sec. 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-245,

title I, Sec. 104(h)(1), Feb. 14, 1992, 106 Stat. 11.)

-MISC1-

PRIOR PROVISIONS

A prior section 18 of act Mar. 3, 1901, ch. 872, was renumbered

section 32 and is classified to section 278q of this title.

AMENDMENTS

1992 - Pub. L. 102-245 inserted before period at end of first

sentence '', and to United States citizens for research and

technical activities on Institute programs''.

1988 - Pub. L. 100-418 substituted ''Institute'' for ''National

Bureau of Standards'' the first place appearing, and for ''Bureau''

wherever subsequently appearing.

EFFECTIVE DATE

Section 6(b) of Pub. L. 99-574 provided that: ''The amendments

made by subsection (a) (enacting this section) shall be effective

October 1, 1986.''

-CITE-

15 USC Sec. 278g-2 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278g-2. Post-doctoral fellowship program

-STATUTE-

The Institute, in conjunction with the National Academy of

Sciences, shall establish and conduct a post-doctoral fellowship

program, subject to the availability of appropriations, which shall

be organized and carried out in substantially the same manner as

the National Academy of Sciences/National Research Council

Post-Doctoral Research Associate Program that was in effect prior

to 1986, and which shall include not less than twenty nor more than

60 new fellows per fiscal year.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 19, as added Pub. L. 99-574, Sec.

8(a), Oct. 28, 1986, 100 Stat. 3238; amended Pub. L. 100-418, title

V, Sec. 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 104-113,

Sec. 8(3), Mar. 7, 1996, 110 Stat. 779.)

-MISC1-

PRIOR PROVISIONS

A prior section 19 of act Mar. 3, 1901, ch. 872, was renumbered

section 32 and is classified to section 278q of this title.

AMENDMENTS

1996 - Pub. L. 104-113 inserted '', subject to the availability

of appropriations,'' after ''post-doctoral fellowship program'' and

substituted ''nor more than 60'' for ''nor more than forty''.

1988 - Pub. L. 100-418 substituted ''Institute'' for ''National

Bureau of Standards''.

EFFECTIVE DATE

Section 8(b) of Pub. L. 99-574 provided that: ''The amendments

made by subsection (a) (enacting this section) shall be effective

October 1, 1987.

-CITE-

15 USC Sec. 278g-2a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278g-2a. Teacher science and technology enhancement Institute

program

-STATUTE-

(a) Establishment

The Director shall establish within the Institute a teacher

science and technology enhancement program to provide for

professional development of mathematics and science teachers of

elementary, middle, and secondary schools (as those terms are

defined by the Director), including providing for the improvement

of those teachers with respect to the understanding of science and

the impacts of science on commerce.

(b) Areas of focus

In carrying out the program under this section, the Director

shall focus on the areas of -

(1) scientific measurements;

(2) tests and standards development;

(3) industrial competitiveness and quality;

(4) manufacturing;

(5) technology transfer; and

(6) any other area of expertise of the Institute that the

Director determines to be appropriate.

The Director shall develop and issue procedures and selection

criteria for participants in the program.

(d) Scheduling

The program under this section shall be conducted on an annual

basis during the summer months, during the period of time when a

majority of elementary, middle, and secondary schools have not

commenced a school year.

(e) Means of accomplishing goals

The program shall provide for teachers' participation in

activities at the laboratory facilities of the Institute, or shall

utilize other means of accomplishing the goals of the program as

determined by the Director, which may include the Internet, video

conferencing and recording, and workshops and conferences.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 19A, as added Pub. L. 105-309, Sec. 7,

Oct. 30, 1998, 112 Stat. 2937.)

-CITE-

15 USC Sec. 278g-3 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278g-3. Computer standards program

-STATUTE-

(a) In general

The Institute shall -

(1) have the mission of developing standards, guidelines, and

associated methods and techniques for information systems;

(2) develop standards and guidelines, including minimum

requirements, for information systems used or operated by an

agency or by a contractor of an agency or other organization on

behalf of an agency, other than national security systems (as

defined in section 3532(b)(2) of title 44);

(3) develop standards and guidelines, including minimum

requirements, for providing adequate information security for all

agency operations and assets, but such standards and guidelines

shall not apply to national security systems; and

(4) carry out the responsibilities described in paragraph (3)

through the Computer Security Division.

(b) Minimum requirements for standards and guidelines

The standards and guidelines required by subsection (a) of this

section shall include, at a minimum -

(1)(A) standards to be used by all agencies to categorize all

information and information systems collected or maintained by or

on behalf of each agency based on the objectives of providing

appropriate levels of information security according to a range

of risk levels;

(B) guidelines recommending the types of information and

information systems to be included in each such category; and

and information systems in each such category;

(2) a definition of and guidelines concerning detection and

handling of information security incidents; and

(3) guidelines developed in coordination with the National

Security Agency for identifying an information system as a

national security system consistent with applicable requirements

for national security systems, issued in accordance with law and

as directed by the President.

In developing standards and guidelines required by subsections

(a) and (b) of this section, the Institute shall -

(1) consult with other agencies and offices (including, but not

limited to, the Director of the Office of Management and Budget,

the Departments of Defense and Energy, the National Security

Agency, the General Accounting Office, and the Secretary of

Homeland Security) to assure -

(A) use of appropriate information security policies,

procedures, and techniques, in order to improve information

security and avoid unnecessary and costly duplication of

effort; and

(B) that such standards and guidelines are complementary with

standards and guidelines employed for the protection of

national security systems and information contained in such

systems;

(2) provide the public with an opportunity to comment on

proposed standards and guidelines;

(3) submit to the Director of the Office of Management and

Budget for promulgation under section 11331 of title 40 -

(A) standards, as required under subsection (b)(1)(A) of this

section, no later than 12 months after November 25, 2002; and

(B) minimum information security requirements for each

category, as required under subsection (b)(1)(C) of this

section, no later than 36 months after November 25, 2002;

(4) issue guidelines as required under subsection (b)(1)(B) of

this section, no later than 18 months after November 25, 2002;

(5) ensure that such standards and guidelines do not require

specific technological solutions or products, including any

specific hardware or software security solutions;

(6) ensure that such standards and guidelines provide for

sufficient flexibility to permit alternative solutions to provide

equivalent levels of protection for identified information

security risks; and

(7) use flexible, performance-based standards and guidelines

that, to the greatest extent possible, permit the use of

off-the-shelf commercially developed information security

products.

(d) Information security functions

The Institute shall -

(1) submit standards developed pursuant to subsection (a) of

this section, along with recommendations as to the extent to

which these should be made compulsory and binding, to the

Director of the Office of Management and Budget for promulgation

under section 11331 of title 40;

(2) provide assistance to agencies regarding -

(A) compliance with the standards and guidelines developed

under subsection (a) of this section;

(B) detecting and handling information security incidents;

and

(3) conduct research, as needed, to determine the nature and

extent of information security vulnerabilities and techniques for

providing cost-effective information security;

(4) develop and periodically revise performance indicators and

measures for agency information security policies and practices;

(5) evaluate private sector information security policies and

practices and commercially available information technologies to

assess potential application by agencies to strengthen

information security;

(6) evaluate security policies and practices developed for

national security systems to assess potential application by

agencies to strengthen information security;

(7) periodically assess the effectiveness of standards and

guidelines developed under this section and undertake revisions

as appropriate;

(8) solicit and consider the recommendations of the Information

Security and Privacy Advisory Board, established by section

278g-4 of this title, regarding standards and guidelines

developed under subsection (a) of this section and submit such

recommendations to the Director of the Office of Management and

Budget with such standards submitted to the Director; and

(9) prepare an annual public report on activities undertaken in

the previous year, and planned for the coming year, to carry out

responsibilities under this section.

(e) Definitions

As used in this section -

(1) the term ''agency'' has the same meaning as provided in

section 3502(1) of title 44;

(2) the term ''information security'' has the same meaning as

provided in section 3532(1) of such title;

(3) the term ''information system'' has the same meaning as

provided in section 3502(8) of such title;

(4) the term ''information technology'' has the same meaning as

provided in section 11101 of title 40; and

(5) the term ''national security system'' has the same meaning

as provided in section 3532(b)(2) of such title.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 20, as added Pub. L. 100-235, Sec.

3(2), Jan. 8, 1988, 101 Stat. 1724; amended Pub. L. 100-418, title

V, Sec. 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 104-106,

div. E, title LVI, Sec. 5607(a), Feb. 10, 1996, 110 Stat. 701;

Pub. L. 105-85, div. A, title X, Sec. 1073(h)(1), Nov. 18, 1997,

111 Stat. 1906; Pub. L. 107-296, title X, Sec. 1003, Nov. 25, 2002,

116 Stat. 2269; Pub. L. 107-305, Sec. 8(b), 9, 10, Nov. 27, 2002,

116 Stat. 2378, 2379; Pub. L. 107-347, title III, Sec. 303, Dec.

17, 2002, 116 Stat. 2957.)

-COD-

CODIFICATION

November 25, 2002, referred to in subsec. (c)(3), was in the

original ''the date of the enactment of this section'', which was

translated as meaning the date of enactment of Pub. L. 107-347,

which enacted the text of this section, to reflect the probable

intent of Congress.

-MISC3-

PRIOR PROVISIONS

A prior section 20 of act Mar. 3, 1901, ch. 872, was renumbered

section 32 and is classified to section 278q of this title.

AMENDMENTS

2002 - Pub. L. 107-347 added text of section and struck out

former text which read as follows:

''(a) The Institute shall -

''(1) have the mission of developing standards, guidelines, and

associated methods and techniques for computer systems;

''(2) except as described in paragraph (3) of this subsection

(relating to security standards), develop uniform standards and

guidelines for Federal computer systems, except those systems

excluded by section 2315 of title 10 or section 3502(9) of title

44;

''(3) have responsibility within the Federal Government for

developing technical, management, physical, and administrative

standards and guidelines for the cost-effective security and

privacy of sensitive information in Federal computer systems

except -

''(A) those systems excluded by section 2315 of title 10 or

section 3502(9) of title 44; and

''(B) those systems which are protected at all times by

procedures established for information which has been

specifically authorized under criteria established by an

Executive order or an Act of Congress to be kept secret in the

interest of national defense or foreign policy,

the primary purpose of which standards and guidelines shall be to

control loss and unauthorized modification or disclosure of

sensitive information in such systems and to prevent

computer-related fraud and misuse;

''(4) submit standards and guidelines developed pursuant to

paragraphs (2) and (3) of this subsection, along with

recommendations as to the extent to which these should be made

compulsory and binding, to the Secretary of Commerce for

promulgation under section 1441 of title 40;

''(5) develop guidelines for use by operators of Federal

computer systems that contain sensitive information in training

their employees in security awareness and accepted security

practice, as required by section 5 of the Computer Security Act

of 1987; and

''(6) develop validation procedures for, and evaluate the

effectiveness of, standards and guidelines developed pursuant to

paragraphs (1), (2), and (3) of this subsection through research

and liaison with other government and private agencies.

''(b) In fulfilling subsection (a) of this section, the Institute

is authorized -

''(1) to assist the private sector, upon request, in using and

applying the results of the programs and activities under this

section;

''(2) as requested, to provide to operators of Federal computer

systems technical assistance in implementing the standards and

guidelines promulgated pursuant to section 1441 of title 40;

''(3) to assist, as appropriate, the Office of Personnel

Management in developing regulations pertaining to training, as

required by section 5 of the Computer Security Act of 1987;

''(4) to perform research and to conduct studies, as needed, to

determine the nature and extent of the vulnerabilities of, and to

devise techniques for the cost-effective security and privacy of

sensitive information in Federal computer systems; and

''(5) to coordinate closely with other agencies and offices

(including, but not limited to, the Departments of Defense and

Energy, the National Security Agency, the General Accounting

Office, the Office of Technology Assessment, and the Office of

Management and Budget) -

''(A) to assure maximum use of all existing and planned

programs, materials, studies, and reports relating to computer

systems security and privacy, in order to avoid unnecessary and

costly duplication of effort; and

''(B) to assure, to the maximum extent feasible, that

standards developed pursuant to subsection (a)(3) and (5) of

this section are consistent and compatible with standards and

procedures developed for the protection of information in

Federal computer systems which is authorized under criteria

established by Executive order or an Act of Congress to be kept

secret in the interest of national defense or foreign policy.

''(c) For the purposes of -

''(1) developing standards and guidelines for the protection of

sensitive information in Federal computer systems under

subsections (a)(1) and (a)(3) of this section, and

''(2) performing research and conducting studies under

subsection (b)(5) of this section,

the Institute shall draw upon computer system technical security

guidelines developed by the National Security Agency to the extent

that the Institute determines that such guidelines are consistent

with the requirements for protecting sensitive information in

Federal computer systems.

''(d) As used in this section -

''(1) the term 'computer system' -

''(A) means any equipment or interconnected system or

subsystems of equipment that is used in the automatic

acquisition, storage, manipulation, management, movement,

control, display, switching, interchange, transmission, or

reception, of data or information; and

''(B) includes -

''(i) computers and computer networks;

''(ii) ancillary equipment;

''(iii) software, firmware, and similar procedures;

''(iv) services, including support services; and

''(v) related resources;

''(2) the term 'Federal computer system' means a computer

system operated by a Federal agency or by a contractor of a

Federal agency or other organization that processes information

(using a computer system) on behalf of the Federal Government to

accomplish a Federal function;

''(3) the term 'operator of a Federal computer system' means a

Federal agency, contractor of a Federal agency, or other

organization that processes information using a computer system

on behalf of the Federal Government to accomplish a Federal

function;

''(4) the term 'sensitive information' means any information,

the loss, misuse, or unauthorized access to or modification of

which could adversely affect the national interest or the conduct

of Federal programs, or the privacy to which individuals are

entitled under section 552a of title 5 (the Privacy Act), but

which has not been specifically authorized under criteria

established by an Executive order or an Act of Congress to be

kept secret in the interest of national defense or foreign

policy; and

''(5) the term 'Federal agency' has the meaning given such term

by section 472(b) of title 40.

''(e) Intramural Security Research. - As part of the research

activities conducted in accordance with subsection (b)(4) of this

section, the Institute shall -

''(1) conduct a research program to address emerging

technologies associated with assembling a networked computer

system from components while ensuring it maintains desired

security properties;

''(2) carry out research associated with improving the security

of real-time computing and communications systems for use in

process control; and

''(3) carry out multidisciplinary, long-term, high-risk

research on ways to improve the security of computer systems.

''(f) Authorization of Appropriations. - There are authorized to

be appropriated to the Secretary $1,060,000 for fiscal year 2003

and $1,090,000 for fiscal year 2004 to enable the Computer System

Security and Privacy Advisory Board, established by section 278g-4

of this title, to identify emerging issues, including research

needs, related to computer security, privacy, and cryptography and,

as appropriate, to convene public meetings on those subjects,

receive presentations, and publish reports, digests, and summaries

for public distribution on those subjects.''

Pub. L. 107-296 added text of section and struck out former text,

as added by Pub. L. 107-347, which read:

''(a) In General. - The Institute shall -

''(1) have the mission of developing standards, guidelines, and

associated methods and techniques for information systems;

''(2) develop standards and guidelines, including minimum

requirements, for information systems used or operated by an

agency or by a contractor of an agency or other organization on

behalf of an agency, other than national security systems (as

defined in section 3542(b)(2) of title 44); and

''(3) develop standards and guidelines, including minimum

requirements, for providing adequate information security for all

agency operations and assets, but such standards and guidelines

shall not apply to national security systems.

''(b) Minimum Requirements for Standards and Guidelines. - The

standards and guidelines required by subsection (a) of this section

shall include, at a minimum -

''(1)(A) standards to be used by all agencies to categorize all

information and information systems collected or maintained by or

on behalf of each agency based on the objectives of providing

appropriate levels of information security according to a range

of risk levels;

''(B) guidelines recommending the types of information and

information systems to be included in each such category; and

''(C) minimum information security requirements for information

and information systems in each such category;

''(2) a definition of and guidelines concerning detection and

handling of information security incidents; and

''(3) guidelines developed in conjunction with the Department

of Defense, including the National Security Agency, for

identifying an information system as a national security system

consistent with applicable requirements for national security

systems, issued in accordance with law and as directed by the

President.

''(c) Development of Standards and Guidelines. - In developing

standards and guidelines required by subsections (a) and (b) of

this section, the Institute shall -

''(1) consult with other agencies and offices and the private

sector (including the Director of the Office of Management and

Budget, the Departments of Defense and Energy, the National

Security Agency, the General Accounting Office, and the Secretary

of Homeland Security) to assure -

''(A) use of appropriate information security policies,

procedures, and techniques, in order to improve information

security and avoid unnecessary and costly duplication of

effort; and

''(B) that such standards and guidelines are complementary

with standards and guidelines employed for the protection of

national security systems and information contained in such

systems;

''(2) provide the public with an opportunity to comment on

proposed standards and guidelines;

''(3) submit to the Secretary of Commerce for promulgation

under section 11331 of title 40 -

''(A) standards, as required under subsection (b)(1)(A) of

this section, no later than 12 months after December 17, 2002;

and

''(B) minimum information security requirements for each

category, as required under subsection (b)(1)(C) of this

section, no later than 36 months after December 17, 2002;

''(4) issue guidelines as required under subsection (b)(1)(B)

of this section, no later than 18 months after December 17, 2002;

''(5) to the maximum extent practicable, ensure that such

standards and guidelines do not require the use or procurement of

specific products, including any specific hardware or software;

''(6) to the maximum extent practicable, ensure that such

standards and guidelines provide for sufficient flexibility to

permit alternative solutions to provide equivalent levels of

protection for identified information security risks; and

''(7) to the maximum extent practicable, use flexible,

performance-based standards and guidelines that permit the use of

off-the-shelf commercially developed information security

products.

''(d) Information Security Functions. - The Institute shall -

''(1) submit standards developed pursuant to subsection (a) of

this section, along with recommendations as to the extent to

which these should be made compulsory and binding, to the

Secretary of Commerce for promulgation under section 11331 of

title 40;

''(2) provide technical assistance to agencies, upon request,

regarding -

''(A) compliance with the standards and guidelines developed

under subsection (a) of this section;

''(B) detecting and handling information security incidents;

and

''(C) information security policies, procedures, and

practices;

''(3) conduct research, as needed, to determine the nature and

extent of information security vulnerabilities and techniques for

providing cost-effective information security;

''(4) develop and periodically revise performance indicators

and measures for agency information security policies and

practices;

''(5) evaluate private sector information security policies and

practices and commercially available information technologies to

assess potential application by agencies to strengthen

information security;

''(6) assist the private sector, upon request, in using and

applying the results of activities under this section;

''(7) evaluate security policies and practices developed for

national security systems to assess potential application by

agencies to strengthen information security;

''(8) periodically assess the effectiveness of standards and

guidelines developed under this section and undertake revisions

as appropriate;

''(9) solicit and consider the recommendations of the

Information Security and Privacy Advisory Board, established by

section 278g-4 of this title, regarding standards and guidelines

developed under subsection (a) of this section and submit such

recommendations to the Secretary of Commerce with such standards

submitted to the Secretary; and

''(10) prepare an annual public report on activities undertaken

in the previous year, and planned for the coming year, to carry

out responsibilities under this section.

''(e) Definitions. - As used in this section -

''(1) the term 'agency' has the same meaning as provided in

section 3502(1) of title 44;

''(2) the term 'information security' has the same meaning as

provided in section 3542(b)(1) of such title;

''(3) the term 'information system' has the same meaning as

provided in section 3502(8) of such title;

''(4) the term 'information technology' has the same meaning as

provided in section 11101 of title 40; and

''(5) the term 'national security system' has the same meaning

as provided in section 3542(b)(2) of title 44.

''(f) Authorization of Appropriations. - There are authorized to

be appropriated to the Secretary of Commerce $20,000,000 for each

of fiscal years 2003, 2004, 2005, 2006, and 2007 to enable the

National Institute of Standards and Technology to carry out the

provisions of this section.''

Subsec. (d)(1)(B)(i). Pub. L. 107-305, Sec. 8(b), substituted

''computers and computer networks'' for ''computers''.

Subsecs. (e), (f). Pub. L. 107-305, Sec. 9, 10, added subsecs.

(e) and (f).

1997 - Subsecs. (a)(4), (b)(2). Pub. L. 105-85 made technical

amendment to reference in original act which appears in text as

reference to section 1441 of title 40.

1996 - Subsec. (a)(2), (3)(A). Pub. L. 104-106, Sec.

5607(a)(1)(A), substituted ''section 3502(9) of title 44'' for

''section 3502(2) of title 44''.

Subsec. (a)(4). Pub. L. 104-106, Sec. 5607(a)(1)(B), substituted

''section 1441 of title 40'' for ''section 759(d) of title 40''.

Subsec. (b)(2). Pub. L. 104-106, Sec. 5607(a)(2)(A), (C),

redesignated par. (3) as (2) and struck out former par. (2) which

read as follows: ''to make recommendations, as appropriate, to the

Administrator of General Services on policies and regulations

proposed pursuant to section 1441 of title 40;''.

Subsec. (b)(3). Pub. L. 104-106, Sec. 5607(a)(2)(C), redesignated

par. (4) as (3). Former par. (3) redesignated (2).

Pub. L. 104-106, Sec. 5607(a)(2)(B), substituted ''section 1441

of title 40'' for ''section 759(d) of title 40''.

Subsec. (b)(4) to (6). Pub. L. 104-106, Sec. 5607(a)(2)(C),

redesignated pars. (4) to (6) as (3) to (5), respectively.

Subsec. (d)(1)(B)(v). Pub. L. 104-106, Sec. 5607(a)(3)(A), struck

out ''as defined by regulations issued by the Administrator for

General Services pursuant to section 759 of title 40'' after

''related resources''.

Subsec. (d)(2). Pub. L. 104-106, Sec. 5607(a)(3)(B), substituted

''system' '' for ''system' - '', struck out ''(A)'' before

''means'', substituted ''function;'' for ''function; and'', and

struck out subpar. (B) which read as follows: ''includes automatic

data processing equipment as that term is defined in section

759(a)(2) of title 40;''.

1988 - Pub. L. 100-418 substituted ''Institute'' for ''National

Bureau of Standards'' in introductory provisions of subsecs. (a)

and (b) and wherever appearing in closing provisions of subsec.

(c).

EFFECTIVE DATE OF 2002 AMENDMENTS

Amendment by Pub. L. 107-347 effective Dec. 17, 2002, see section

402(b) of Pub. L. 107-347, set out as an Effective Date note under

section 3541 of Title 44, Public Printing and Documents.

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,

1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.

702.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 272, 278g-4, 278h, 7406,

7407 of this title; title 6 section 512; title 40 sections 11302,

11331; title 44 sections 3504, 3533, 3538, 3543.

-CITE-

15 USC Sec. 278g-4 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278g-4. Information Security and Privacy Advisory Board

-STATUTE-

(a) Establishment and composition

There is hereby established a (FOOTNOTE 1) Information Security

and Privacy Advisory Board within the Department of Commerce. The

Secretary of Commerce shall appoint the chairman of the Board. The

Board shall be composed of twelve additional members appointed by

the Secretary of Commerce as follows:

(FOOTNOTE 1) So in original. Probably should be ''an''.

(1) four members from outside the Federal Government who are

eminent in the information technology industry, at least one of

whom is representative of small or medium sized companies in such

industries;

(2) four members from outside the Federal Government who are

eminent in the fields of information technology, or related

disciplines, but who are not employed by or representative of a

producer of information technology; and

(3) four members from the Federal Government who have

information system management experience, including experience in

information security and privacy, at least one of whom shall be

from the National Security Agency.

(b) Duties

The duties of the Board shall be -

(1) to identify emerging managerial, technical, administrative,

and physical safeguard issues relative to information security

and privacy;

(2) to advise the Institute and the Director of the Office of

Management and Budget on information security and privacy issues

pertaining to Federal Government information systems, including

through review of proposed standards and guidelines developed

under section 278g-3 of this title; and

(3) to report annually its findings to the Secretary of

Commerce, the Director of the Office of Management and Budget,

the Director of the National Security Agency, and the appropriate

committees of the Congress.

The term of office of each member of the Board shall be four

years, except that -

(1) of the initial members, three shall be appointed for terms

of one year, three shall be appointed for terms of two years,

three shall be appointed for terms of three years, and three

shall be appointed for terms of four years; and

(2) any member appointed to fill a vacancy in the Board shall

serve for the remainder of the term for which his predecessor was

appointed.

(d) Quorum

The Board shall not act in the absence of a quorum, which shall

consist of seven members.

(e) Allowance for travel expenses

Members of the Board, other than full-time employees of the

Federal Government, while attending meetings of such committees or

while otherwise performing duties at the request of the Board

Chairman while away from their homes or a regular place of

business, may be allowed travel expenses in accordance with

subchapter I of chapter 57 of title 5.

(f) Meetings

The Board shall hold meetings at such locations and at such time

and place as determined by a majority of the Board.

(g) Staff services and utilization of Federal personnel

To provide the staff services necessary to assist the Board in

carrying out its functions, the Board may utilize personnel from

the Institute or any other agency of the Federal Government with

the consent of the head of the agency.

(h) Definitions

As used in this section, the terms ''information system'' and

''information technology'' have the meanings given in section

278g-3 of this title.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 21, as added Pub. L. 100-235, Sec.

3(2), Jan. 8, 1988, 101 Stat. 1727; amended Pub. L. 100-418, title

V, Sec. 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 107-296,

title X, Sec. 1004, Nov. 25, 2002, 116 Stat. 2271; Pub. L. 107-347,

title III, Sec. 304, Dec. 17, 2002, 116 Stat. 2959.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296, Sec. 1004(1), and Pub. L.

107-347, Sec. 304(1), amended subsec. (a) identically, substituting

''Information Security and Privacy Advisory Board'' for ''Computer

System Security and Privacy Advisory Board'' in introductory

provisions.

Subsec. (a)(1). Pub. L. 107-296, Sec. 1004(2), and Pub. L.

107-347, Sec. 304(2), amended par. (1) identically, substituting

''information technology'' for ''computer or telecommunications''.

Subsec. (a)(2). Pub. L. 107-296, Sec. 1004(3), and Pub. L.

107-347, Sec. 304(3), amended par. (2) identically, substituting

''information technology'' for ''computer or telecommunications

technology'' and for ''computer or telecommunications equipment''.

Subsec. (a)(3). Pub. L. 107-296, Sec. 1004(4), and Pub. L.

107-347, Sec. 304(4), amended par. (3) identically, substituting

''information system'' for ''computer systems'' and ''information

security'' for ''computer systems security''.

Subsec. (b)(1). Pub. L. 107-296, Sec. 1004(5), and Pub. L.

107-347, Sec. 304(5), amended par. (1) identically, substituting

''information security'' for ''computer systems security''.

Subsec. (b)(2). Pub. L. 107-347, Sec. 304(6), added par. (2) and

struck out former par. (2) which read as follows: ''to advise the

Institute and the Secretary of Commerce on security and privacy

issues pertaining to Federal computer systems; and''.

Pub. L. 107-296, Sec. 1004(6), added par. (2) and struck out

former par. (2), added by Pub. L. which read as follows: ''to

advise the Institute, the Secretary of Commerce, and the Director

of the Office of Management and Budget on information security and

privacy issues pertaining to Federal Government information

systems, including through review of proposed standards and

guidelines developed under section 278g-3 of this title; and''.

Subsec. (b)(3). Pub. L. 107-296, Sec. 1004(7), and Pub. L.

107-347, Sec. 304(7), amended par. (3) identically, inserting

''annually'' after ''report''.

Subsecs. (f), (g). Pub. L. 107-296, Sec. 1004(8), (9), and Pub.

L. 107-347, Sec. 304(8), (9), amended section identically, adding

subsec. (f) and redesignating former subsec. (f) as (g). Former

subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 107-296, Sec. 1004(10), and Pub. L. 107-347,

Sec. 304(10), amended section identically, adding subsec. (h) and

striking out former subsec. (h) which read as follows: ''As used in

this section, the terms 'computer system' and 'Federal computer

system' have the meanings given in section 278g-3 of this title.''

Pub. L. 107-296, Sec. 1004(9), and Pub. L. 107-347, Sec. 304(9),

amended section identically, redesignating subsec. (g) as (h).

1988 - Subsec. (b)(2). Pub. L. 100-418, which directed that this

chapter be amended by substituting ''Institute'' for ''National

Bureau of Standards'', ''Bureau'', or ''bureau'', wherever

appearing, was executed to par. (2) by substituting ''Institute''

for ''Bureau of Standards'', to reflect the probable intent of

Congress.

Subsec. (f). Pub. L. 100-418 substituted ''Institute'' for

''National Bureau of Standards''.

EFFECTIVE DATE OF 2002 AMENDMENTS

Amendment by Pub. L. 107-347 effective Dec. 17, 2002, see section

402(b) of Pub. L. 107-347, set out as an Effective Date note under

section 3541 of Title 44, Public Printing and Documents.

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

TERMINATION OF ADVISORY BOARDS

Advisory boards 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 278g-3, 278h of this

title; title 44 section 3504.

-CITE-

15 USC Sec. 278g-5 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278g-5. Enterprise integration initiative

-STATUTE-

(a) Establishment

The Director shall establish an initiative for advancing

enterprise integration within the United States. In carrying out

this section, the Director shall involve, as appropriate, the

various units of the National Institute of Standards and

Technology, including the National Institute of Standards and

Technology laboratories (including the Building and Fire Research

Laboratory), the Manufacturing Extension Partnership program

established under sections 278k and 278l of this title, and the

Malcolm Baldrige National Quality Program. This initiative shall

build upon ongoing efforts of the National Institute of Standards

and Technology and of the private sector, shall involve consortia

that include government and industry, and shall address the

enterprise integration needs of each United States major

manufacturing industry at the earliest possible date.

(b) Assessment

For each major manufacturing industry, the Director may work with

industry, trade associations, professional societies, and others as

appropriate, to identify enterprise integration standardization and

implementation activities underway in the United States and abroad

that affect that industry and to assess the current state of

enterprise integration within that industry. The Director may

assist in the development of roadmaps to permit supply chains

within the industry to operate as an integrated electronic

enterprise. The roadmaps shall be based on voluntary consensus

standards.

Within 180 days after November 5, 2002, and annually thereafter,

the Director shall submit to the Committee on Science of the House

of Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a report on the National Institute of

Standards and Technology's activities under subsection (b) of this

section.

(d) Authorized activities

In order to carry out this Act, the Director may work with

industry, trade associations, professional societies, and others as

appropriate -

(1) to raise awareness in the United States, including

awareness by businesses that are majority owned by women,

minorities, or both, of enterprise integration activities in the

United States and abroad, including by the convening of

conferences;

(2) on the development of enterprise integration roadmaps;

(3) to support the development, testing, promulgation,

integration, adoption, and upgrading of standards related to

enterprise integration including application protocols; and

(4) to provide technical assistance and, if necessary,

financial support to small- and medium-sized businesses that set

up pilot projects in enterprise integration.

(e) Manufacturing Extension Program

The Director shall ensure that the Manufacturing Extension

Program is prepared to advise small- and medium-sized businesses on

how to acquire the expertise, equipment, and training necessary to

participate fully in supply chains using enterprise integration.

-SOURCE-

(Pub. L. 107-277, Sec. 3, Nov. 5, 2002, 116 Stat. 1936.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d), is Pub. L. 107-277, Nov. 5,

2002, 116 Stat. 1936, which enacted this section and provisions set

out as a note under this section. For complete classification of

this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Enterprise Integration Act of

2002, and not as part of the National Institute of Standards and

Technology Act which comprises this chapter.

-MISC3-

ENTERPRISE INTEGRATION

Pub. L. 107-277, Nov. 5, 2002, 116 Stat. 1936, provided that:

''SECTION. 1. SHORT TITLE.

''This Act (enacting this section and this note) may be cited as

the 'Enterprise Integration Act of 2002'.

''SEC. 2. FINDINGS.

''The Congress makes the following findings:

''(1) Over 90 percent of United States companies engaged in

manufacturing are small- and medium-sized businesses.

''(2) Most of these manufacturers produce goods for assemblage

into products of large companies.

''(3) The emergence of the World Wide Web and the promulgation

of international standards for product data exchange greatly

accelerated the movement toward electronically integrated supply

chains during the last half of the 1990's.

''(4) European and Asian countries are investing heavily in

electronic enterprise standards development, and in preparing

their smaller manufacturers to do business in the new

environment. European efforts are well advanced in the

aerospace, automotive, and shipbuilding industries and are

beginning in other industries including home building, furniture

manufacturing, textiles, and apparel. This investment could give

overseas companies a major competitive advantage.

''(5) The National Institute of Standards and Technology,

because of the electronic commerce expertise in its laboratories

and quality program, its long history of working cooperatively

with manufacturers, and the nationwide reach of its manufacturing

extension program, is in a unique position to help United States

large and smaller manufacturers alike in their responses to this

challenge.

''(6) It is, therefore, in the national interest for the

National Institute of Standards and Technology to accelerate its

efforts in helping industry develop standards and enterprise

integration processes that are necessary to increase efficiency

and lower costs.

''SEC. 3. ENTERPRISE INTEGRATION INITIATIVE.

(Enacted this section.)

''SEC. 4. DEFINITIONS.

''For purposes of this Act -

''(1) the term 'automotive' means land-based engine-powered

vehicles including automobiles, trucks, busses, trains, defense

vehicles, farm equipment, and motorcycles;

''(2) the term 'Director' means the Director of the National

Institute of Standards and Technology;

''(3) the term 'enterprise integration' means the electronic

linkage of manufacturers, assemblers, suppliers, and customers to

enable the electronic exchange of product, manufacturing, and

other business data among all partners in a product supply chain,

and such term includes related application protocols and other

related standards;

''(4) the term 'major manufacturing industry' includes the

aerospace, automotive, electronics, shipbuilding, construction,

home building, furniture, textile, and apparel industries and

such other industries as the Director designates; and

''(5) the term 'roadmap' means an assessment of manufacturing

interoperability requirements developed by an industry describing

that industry's goals related to enterprise integration, the

knowledge and standards including application protocols necessary

to achieve those goals, and the necessary steps, timetable, and

assignment of responsibilities for acquiring the knowledge and

developing the standards and protocols.

''SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated to the Director to

carry out functions under this Act -

''(1) $2,000,000 for fiscal year 2002;

''(2) $10,000,000 for fiscal year 2003;

''(3) $15,000,000 for fiscal year 2004; and

''(4) $20,000,000 for fiscal year 2005.''

-CITE-

15 USC Sec. 278h 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278h. Research program on security of computer systems

-STATUTE-

(a) Establishment

The Director shall establish a program of assistance to

institutions of higher education that enter into partnerships with

for-profit entities to support research to improve the security of

computer systems. The partnerships may also include government

laboratories and nonprofit research institutions. The program

shall -

(1) include multidisciplinary, long-term research;

(2) include research directed toward addressing needs

identified through the activities of the Computer System Security

(FOOTNOTE 1) and Privacy Advisory Board under section 278g-3(f)

(FOOTNOTE 2) of this title; and

(FOOTNOTE 1) So in original. Probably should be ''Information

Security''.

(FOOTNOTE 2) See References in Text note below.

(3) promote the development of a robust research community

working at the leading edge of knowledge in subject areas

relevant to the security of computer systems by providing support

for graduate students, post-doctoral researchers, and senior

researchers.

(b) Fellowships

(1) Post-doctoral research fellowships

The Director is authorized to establish a program to award

post-doctoral research fellowships to individuals who are

citizens, nationals, or lawfully admitted permanent resident

aliens of the United States and are seeking research positions at

institutions, including the Institute, engaged in research

activities related to the security of computer systems, including

the research areas described in section 7403(a)(1) of this title.

(2) Senior research fellowships

The Director is authorized to establish a program to award

senior research fellowships to individuals seeking research

positions at institutions, including the Institute, engaged in

research activities related to the security of computer systems,

including the research areas described in section 7403(a)(1) of

this title. Senior research fellowships shall be made available

for established researchers at institutions of higher education

who seek to change research fields and pursue studies related to

the security of computer systems.

(3) Eligibility

(A) In general

To be eligible for an award under this subsection, an

individual shall submit an application to the Director at such

time, in such manner, and containing such information as the

Director may require.

(B) Stipends

Under this subsection, the Director is authorized to provide

stipends for post-doctoral research fellowships at the level of

the Institute's Post Doctoral Research Fellowship Program and

senior research fellowships at levels consistent with support

for a faculty member in a sabbatical position.

(1) In general

The Director is authorized to award grants or cooperative

agreements to institutions of higher education to carry out the

program established under subsection (a) of this section. No

funds made available under this section shall be made available

directly to any for-profit partners.

(2) Eligibility

To be eligible for an award under this section, an institution

of higher education shall submit an application to the Director

at such time, in such manner, and containing such information as

the Director may require. The application shall include, at a

minimum, a description of -

(A) the number of graduate students anticipated to

participate in the research project and the level of support to

be provided to each;

(B) the number of post-doctoral research positions included

under the research project and the level of support to be

provided to each;

research fields and pursue studies related to the security of

computer systems to be included under the research project and

the level of support to be provided to each; and

(D) how the for-profit entities, nonprofit research

institutions, and any other partners will participate in

developing and carrying out the research and education agenda

of the partnership.

(d) Program operation

(1) Management

The program established under subsection (a) of this section

shall be managed by individuals who shall have both expertise in

research related to the security of computer systems and

knowledge of the vulnerabilities of existing computer systems.

The Director shall designate such individuals as program

managers.

(2) Managers may be employees

Program managers designated under paragraph (1) may be new or

existing employees of the Institute or individuals on assignment

at the Institute under the Intergovernmental Personnel Act of

1970 (42 U.S.C. 4701 et seq.), except that individuals on

assignment at the Institute under the Intergovernmental Personnel

Act of 1970 shall not directly manage such employees.

(3) Manager responsibility

Program managers designated under paragraph (1) shall be

responsible for -

(A) establishing and publicizing the broad research goals for

the program;

(B) soliciting applications for specific research projects to

address the goals developed under subparagraph (A);

from among applications submitted to the Institute, following

consideration of -

(i) the novelty and scientific and technical merit of the

proposed projects;

(ii) the demonstrated capabilities of the individual or

individuals submitting the applications to successfully carry

out the proposed research;

(iii) the impact the proposed projects will have on

increasing the number of computer security researchers;

(iv) the nature of the participation by for-profit entities

and the extent to which the proposed projects address the

concerns of industry; and

(v) other criteria determined by the Director, based on

information specified for inclusion in applications under

subsection (c) of this section; and

(D) monitoring the progress of research projects supported

under the program.

(4) Reports

The Director shall report to the Senate Committee on Commerce,

Science, and Transportation and the House of Representatives

Committee on Science annually on the use and responsibility of

individuals on assignment at the Institute under the

Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.)

who are performing duties under subsection (d) of this section.

(e) Review of program

(1) Periodic review

The Director shall periodically review the portfolio of

research awards monitored by each program manager designated in

accordance with subsection (d) of this section. In conducting

those reviews, the Director shall seek the advice of the Computer

System Security (FOOTNOTE 1) and Privacy Advisory Board,

established under section 278g-4 of this title, on the

appropriateness of the research goals and on the quality and

utility of research projects managed by program managers in

accordance with subsection (d) of this section.

(2) Comprehensive 5-year review

The Director shall also contract with the National Research

Council for a comprehensive review of the program established

under subsection (a) of this section during the 5th year of the

program. Such review shall include an assessment of the

scientific quality of the research conducted, the relevance of

the research results obtained to the goals of the program

established under subsection (d)(3)(A) of this section, and the

progress of the program in promoting the development of a

substantial academic research community working at the leading

edge of knowledge in the field. The Director shall submit to

Congress a report on the results of the review under this

paragraph no later than 6 years after the initiation of the

program.

(f) Definitions

In this section:

(1) Computer system

The term ''computer system'' has the meaning given that term in

section 278g-3(d)(1) (FOOTNOTE 2) of this title.

(2) Institution of higher education

The term ''institution of higher education'' has the meaning

given that term in section 1001(a) of title 20.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 22, as added Pub. L. 107-305, Sec.

8(a)(2), Nov. 27, 2002, 116 Stat. 2375.)

-REFTEXT-

REFERENCES IN TEXT

Section 278g-3 of this title, referred to in subsecs. (a)(2) and

(f)(1), was amended generally by Pub. L. 107-296, title X, Sec.

1003, Nov. 25, 2002, 116 Stat. 2269, and, as so amended, no longer

contains a subsec. (d) defining ''computer system'' or a subsec.

(f).

The Intergovernmental Personnel Act of 1970, referred to in

subsec. (d)(2), (4), is Pub. L. 91-648, Jan. 5, 1971, 84 Stat.

1909, as amended, which enacted sections 3371 to 3376 of Title 5,

Government Organization and Employees, and chapter 62 (Sec. 4701 et

seq.) of Title 42, The Public Health and Welfare, amended section

1304 of Title 5 and section 246 of Title 42, repealed sections 1881

to 1888 of Title 7, Agriculture, and section 869b of Title 20,

Education, and enacted provisions set out as notes under section

3371 of Title 5. For complete classification of this Act to the

Code, see Short Title note set out under section 4701 of Title 42

and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 22 of act Mar. 3, 1901, ch. 872, was renumbered

section 32 and is classified to section 278q of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7407 of this title.

-CITE-

15 USC Sec. 278i 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278i. Reports to Congress

-STATUTE-

(a) The Director shall keep the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on Science,

Space, and Technology of the House of Representatives fully and

currently informed with regard to all of the activities of the

Institute.

(b) The Director shall justify in writing all changes in policies

regarding fees for standard reference materials and calibration

services occurring after June 30, 1987, including a description of

the anticipated impact of any proposed changes on demand for and

anticipated revenues from the materials and services. Changes in

policy and fees shall not be effective unless and until the

Director has submitted the proposed schedule and justification to

the Congress and 30 days on which both Houses of Congress are in

session have elapsed since such submission, except that the

requirement of this sentence shall not apply with respect to

adjustments which are based solely on changes in the costs of raw

materials or of producing and delivering standard reference

materials or calibration services.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 23, as added Pub. L. 100-418, title V,

Sec. 5114(2), Aug. 23, 1988, 102 Stat. 1432.)

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-CITE-

15 USC Sec. 278j 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278j. Studies by National Research Council

-STATUTE-

The Director may periodically contract with the National Research

Council for advice and studies to assist the Institute to serve

United States industry and science. The subjects of such advice

and studies may include -

(1) the competitive position of the United States in key areas

of manufacturing and emerging technologies and research

activities which would enhance that competitiveness;

(2) potential activities of the Institute, in cooperation with

industry and the States, to assist in the transfer and

dissemination of new technologies for manufacturing and quality

assurance; and

(3) identification and assessment of likely barriers to

widespread use of advanced manufacturing technology by the United

States workforce, including training and other initiatives which

could lead to a higher percentage of manufacturing jobs of United

States companies being located within the borders of our country.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 24, as added Pub. L. 100-418, title V,

Sec. 5114(2), Aug. 23, 1988, 102 Stat. 1432.)

-CITE-

15 USC Sec. 278k 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278k. Regional Centers for the Transfer of Manufacturing

Technology

-STATUTE-

(a) Creation and support of Centers; affiliations; merit review in

determining awards; objectives

The Secretary, through the Director and, if appropriate, through

other officials, shall provide assistance for the creation and

support of Regional Centers for the Transfer of Manufacturing

Technology (hereafter in this chapter referred to as the

''Centers''). Such centers (FOOTNOTE 1) shall be affiliated with

any United States-based nonprofit institution or organization, or

group thereof, that applies for and is awarded financial assistance

under this section in accordance with the description published by

the Secretary in the Federal Register under subsection (c)(2) of

this section. Individual awards shall be decided on the basis of

merit review. The objective of the Centers is to enhance

productivity and technological performance in United States

manufacturing through -

(FOOTNOTE 1) So in original. Probably should be capitalized.

(1) the transfer of manufacturing technology and techniques

developed at the Institute to Centers and, through them, to

manufacturing companies throughout the United States;

(2) the participation of individuals from industry,

universities, State governments, other Federal agencies, and,

when appropriate, the Institute in cooperative technology

transfer activities;

(3) efforts to make new manufacturing technology and processes

usable by United States-based small- and medium-sized companies;

(4) the active dissemination of scientific, engineering,

technical, and management information about manufacturing to

industrial firms, including small- and medium-sized manufacturing

companies; and

(5) the utilization, when appropriate, of the expertise and

capability that exists in Federal laboratories other than the

Institute.

(b) Activities of Centers

The activities of the Centers shall include -

(1) the establishment of automated manufacturing systems and

other advanced production technologies, based on research by the

Institute, for the purpose of demonstrations and technology

transfer;

(2) the active transfer and dissemination of research findings

and Center expertise to a wide range of companies and

enterprises, particularly small- and medium-sized manufacturers;

and

(3) loans, on a selective, short-term basis, of items of

advanced manufacturing equipment to small manufacturing firms

with less than 100 employees.

applications; merit review; evaluations of assistance;

applicability of patent law

(1) The Secretary may provide financial support to any Center

created under subsection (a) of this section for a period not to

exceed six years. The Secretary may not provide to a Center more

than 50 percent of the capital and annual operating and maintenance

funds required to create and maintain such Center.

(2) The Secretary shall publish in the Federal Register, within

90 days after August 23, 1988, a draft description of a program for

establishing Centers, including -

(A) a description of the program;

(B) procedures to be followed by applicants;

(D) criteria, including those listed under paragraph (4), for

choosing recipients of financial assistance under this section

from among the qualified applicants; and

(E) maximum support levels expected to be available to Centers

under the program in the fourth through sixth years of assistance

under this section.

The Secretary shall publish a final description under this

paragraph after the expiration of a 30-day comment period.

(3) Any nonprofit institution, or group thereof, or consortia of

nonprofit institutions, including entities existing on August 23,

1988, may submit to the Secretary an application for financial

support under this subsection, in accordance with the procedures

established by the Secretary and published in the Federal Register

under paragraph (2). In order to receive assistance under this

section, an applicant shall provide adequate assurances that it

will contribute 50 percent or more of the proposed Center's capital

and annual operating and maintenance costs for the first three

years and an increasing share for each of the last three years.

Each applicant shall also submit a proposal for the allocation of

the legal rights associated with any invention which may result

from the proposed Center's activities.

(4) The Secretary shall subject each such application to merit

review. In making a decision whether to approve such application

and provide financial support under this subsection, the Secretary

shall consider at a minimum (A) the merits of the application,

particularly those portions of the application regarding technology

transfer, training and education, and adaptation of manufacturing

technologies to the needs of particular industrial sectors, (B) the

quality of service to be provided, (C) geographical diversity and

extent of service area, and (D) the percentage of funding and

amount of in-kind commitment from other sources.

(5) Each Center which receives financial assistance under this

section shall be evaluated during its third year of operation by an

evaluation panel appointed by the Secretary. Each such evaluation

panel shall be composed of private experts, none of whom shall be

connected with the involved Center, and Federal officials. An

official of the Institute shall chair the panel. Each evaluation

panel shall measure the involved Center's performance against the

objectives specified in this section. The Secretary shall not

provide funding for the fourth through the sixth years of such

Center's operation unless the evaluation is positive. If the

evaluation is positive, the Secretary may provide continued funding

through the sixth year at declining levels. After the sixth year,

a Center may receive additional financial support under this

section if it has received a positive evaluation through an

independent review, under procedures established by the Institute.

Such an independent review shall be required at least every two

years after the sixth year of operation. Funding received for a

fiscal year under this section after the sixth year of operation

shall not exceed one third of the capital and annual operating and

maintenance costs of the Center under the program.

(6) The provisions of chapter 18 of title 35 shall (to the extent

not inconsistent with this section) apply to the promotion of

technology from research by Centers under this section except for

contracts for such specific technology extension or transfer

services as may be specified by statute or by the Director.

(d) Acceptance of funds from other Federal departments and agencies

In addition to such sums as may be authorized and appropriated to

the Secretary and Director to operate the Centers program, the

Secretary and Director also may accept funds from other Federal

departments and agencies for the purpose of providing Federal funds

to support Centers. Any Center which is supported with funds which

originally came from other Federal departments and agencies shall

be selected and operated according to the provisions of this

section.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 25, as added Pub. L. 100-418, title V,

Sec. 5121(a), Aug. 23, 1988, 102 Stat. 1433; amended Pub. L.

102-245, title I, Sec. 105(e), Feb. 14, 1992, 106 Stat. 12; Pub. L.

105-309, Sec. 2, Oct. 30, 1998, 112 Stat. 2935.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(5). Pub. L. 105-309 substituted ''. After the

sixth year, a Center may receive additional financial support under

this section if it has received a positive evaluation through an

independent review, under procedures established by the Institute.

Such an independent review shall be required at least every two

years after the sixth year of operation. Funding received for a

fiscal year under this section after the sixth year of operation

shall not exceed one third of the capital and annual operating and

maintenance costs of the Center under the program.'' for '', which

are designed to ensure that the Center no longer needs financial

support from the Institute by the seventh year. In no event shall

funding for a Center be provided by the Department of Commerce

after the sixth year of the operation of a Center.''

1992 - Subsec. (c)(6). Pub. L. 102-245, Sec. 105(e)(1), inserted

before period at end ''except for contracts for such specific

technology extension or transfer services as may be specified by

statute or by the Director''.

Subsec. (d). Pub. L. 102-245, Sec. 105(e)(2), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

''There are authorized to be appropriated for the purposes of

carrying out this section, a combined total of not to exceed

$40,000,000 for fiscal years 1989 and 1990. Such sums shall remain

available until expended.''

ADDITIONAL RENEWAL OF FEDERAL FINANCIAL ASSISTANCE FOR CENTERS

Pub. L. 105-277, div. A, Sec. 101(b) (title II), Oct. 21, 1998,

112 Stat. 2681-50, 2681-83, which provided that Federal financial

assistance awarded by the Secretary of Commerce to a Regional

Center for the Transfer of Manufacturing Technology could continue

beyond six years and could be renewed for additional periods, not

to exceed one year, at a rate not to exceed one-third of the

Center's total annual costs or the level of funding in the sixth

year, whichever was less, subject before any such renewal to a

positive evaluation of the Center and to a finding by the Secretary

of Commerce that continuation of Federal funding to the Center was

in the best interest of the Regional Centers for the Transfer of

Manufacturing Technology Program, was from the Departments of

Commerce Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 1999, and was not repeated in subsequent

appropriations Acts. Similar provisions were contained in the

following prior appropriation acts:

Pub. L. 105-119, title II, Nov. 26, 1997, 111 Stat. 2476.

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II), Sept.

30, 1996, 110 Stat. 3009, 3009-36.

Pub. L. 103-317, title II, Aug. 26, 1994, 108 Stat. 1741.

PUBLICATION IN FEDERAL REGISTER

Pub. L. 100-519, title I, Sec. 102(d), Oct. 24, 1988, 102 Stat.

2590, provided that: ''The requirement of section 25(c)(2) of the

Act of March 3, 1901, (15 U.S.C. 278k(c)(2)), shall be considered

to have been met by the publication made by the National Bureau of

Standards on July 18, 1988 (53 Fed. Reg. 27060).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 272, 278g-5, 278l of this

title; title 10 section 2199.

-CITE-

15 USC Sec. 278l 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278l. Assistance to State technology programs

-STATUTE-

(a) In addition to the Centers program created under section 278k

of this title, the Secretary, through the Director and, if

appropriate, through other officials, shall provide technical

assistance to State technology programs throughout the United

States, in order to help those programs help businesses,

particularly small- and medium-sized businesses, to enhance their

competitiveness through the application of science and technology.

(b) Such assistance from the Institute to State technology

programs shall include, but not be limited to -

(1) technical information and advice from Institute personnel;

(2) workshops and seminars for State officials interested in

transferring Federal technology to businesses; and

(3) entering into cooperative agreements when authorized to do

so under this chapter or any other Act.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 26, as added Pub. L. 100-418, title V,

Sec. 5121(a), Aug. 23, 1988, 102 Stat. 1435.)

-MISC1-

TECHNOLOGY EXTENSION SERVICES

Section 5121(b), (c) of Pub. L. 100-418, as amended by Pub. L.

102-245, title I, Sec. 105(d), Feb. 14, 1992, 106 Stat. 12,

provided that:

''(b) Technology Extension Services. - (1) The Secretary shall

conduct a nationwide study of current State technology extension

services. The study shall include -

''(A) a thorough description of each State program, including

its duration, its annual budget, and the number and types of

businesses it has aided;

''(B) a description of any anticipated expansion of each State

program and its associated costs;

''(C) an evaluation of the success of the services in

transferring technology, modernizing manufacturing processes, and

improving the productivity and profitability of businesses;

''(D) an assessment of the degree to which State services make

use of Federal programs, including the Small Business Innovative

Research program and the programs of the Federal Laboratory

Consortium, the National Technical Information Service, the

National Science Foundation, the Office of Productivity,

Technology, and Innovation, and the Small Business

Administration;

''(E) a survey of what additional Federal information and

technical assistance the services could utilize; and

''(F) an assessment of how the services could be more effective

agents for the transfer of Federal scientific and technical

information, including the results and application of Federal and

federally funded research.

The Secretary shall submit to the Committee on Science, Space, and

Technology of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate, at the time of

submission of the organization plan for the Institute under section

5112(d)(1) (of Pub. L. 100-418, set out as a note under section 272

of this title), the results of the study and an initial

implementation plan for the programs under section 26 of the Act of

March 3, 1901 (15 U.S.C. 278l), and under this section (enacting

sections 278k to 278m of this title). The implementation plan

shall include methods of providing technical assistance to States

and criteria for awarding financial assistance under this section.

The Secretary may make use of contractors and experts for any or

all of the studies and findings called for in this section.

''(2)(A) The Institute shall enter into cooperative agreements

with State technology extension services to -

''(i) demonstrate methods by which the States can, in

cooperation with Federal agencies, increase the use of Federal

technology by businesses within their States to improve

industrial competitiveness; or

''(ii) help businesses in their States take advantage of the

services and information offered by the Regional Centers for the

Transfer of Manufacturing Technology created under section 25 of

the Act of March 3, 1901 (15 U.S.C. 278k).

''(B) Any State, for itself or for a consortium of States, may

submit to the Secretary an application for a cooperative agreement

under this subsection, in accordance with procedures established by

the Secretary. To qualify for a cooperative agreement under this

subsection, a State shall provide adequate assurances that it will

increase its spending on technology extension services by an amount

at least equal to the amount of Federal assistance.

''(C) In evaluating each application, the Secretary shall

consider -

''(i) the number and types of additional businesses that will

be assisted under the cooperative agreement;

''(ii) the extent to which the State extension service will

demonstrate new methods to increase the use of Federal

technology;

''(iii) geographic diversity; and

''(iv) the ability of the State to maintain the extension

service after the cooperative agreement has expired.

''(D) States which are party to cooperative agreements under this

subsection may provide services directly or may arrange for the

provision of any or all of such services by institutions of higher

education or other non-profit institutions or organizations.

''(3) In carrying out section 26 of the Act of March 3, 1901 (15

U.S.C. 278l), and this subsection, the Secretary shall coordinate

the activities with the Federal Laboratory Consortium; the National

Technical Information Service; the National Science Foundation; the

Office of Productivity, Technology, and Innovation; the Small

Business Administration; and other appropriate Federal agencies.

''(4) There are authorized to be appropriated for the purposes of

this subsection $2,000,000 for each of the fiscal years 1989, 1990,

and 1991.

''(c) Federal Technology Transfer Act of 1986. - Nothing in

sections (sic) 25 or 26 of the Act of March 3, 1901 (15 U.S.C.

278k, 278l), or in subsection (b) of this section shall be

construed as limiting the authorities contained in the Federal

Technology Transfer Act of 1986 (Public Law 99-502) (see Short

Title of 1986 Amendments note set out under section 3701 of this

title).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 272, 278g-5 of this

title.

-CITE-

15 USC Sec. 278m 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278m. Non-energy inventions program

-STATUTE-

In conjunction with the initial organization of the Institute,

the Director shall establish a program for the evaluation of

inventions that are not energy-related to complement but not

replace the Energy-Related Inventions Program established under

section 5913 of title 42. The Director shall submit an initial

implementation plan for this program to accompany the organization

plan for the Institute. The implementation plan shall include

specific cost estimates, implementation schedules, and mechanisms

to help finance the development of technologies the program has

determined to have potential. In the preparation of the plan, the

Director shall consult with appropriate Federal agencies, including

the Small Business Administration and the Department of Energy,

State and local government organizations, university officials, and

private sector organizations in order to obtain advice on how those

agencies and organizations might cooperate with the expansion of

this program of the Institute.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 27, as added Pub. L. 100-418, title V,

Sec. 5121(d), Aug. 23, 1988, 102 Stat. 1437.)

-CITE-

15 USC Sec. 278n 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278n. Advanced Technology Program

-STATUTE-

(a) Establishment; purpose; focus; guidance

There is established in the Institute an Advanced Technology

Program (hereafter in this chapter referred to as the ''Program'')

for the purpose of assisting United States businesses in creating

and applying the generic technology and research results necessary

to -

(1) commercialize significant new scientific discoveries and

technologies rapidly; and

(2) refine manufacturing technologies.

The Secretary, acting through the Director, shall assure that the

Program focuses on improving the competitive position of the United

States and its businesses, gives preference to discoveries and to

technologies that have great economic potential, and avoids

providing undue advantage to specific companies. In operating the

Program, the Secretary and Director shall, as appropriate, be

guided by the findings and recommendations of the Biennial National

Critical Technology Reports prepared pursuant to section 6683

(FOOTNOTE 1) of title 42.

(FOOTNOTE 1) See References in Text note below.

(b) Authority of Secretary; research and development; contracts and

cooperative agreements; Federal laboratories; other activities

with joint ventures

Under the Program established in subsection (a) of this section,

and consistent with the mission and policies of the Institute, the

Secretary, acting through the Director, and subject to subsections

(1) aid industry-led United States joint research and

development ventures (hereafter in this section referred to as

''joint ventures'') (which may also include universities and

independent research organizations), including those involving

collaborative technology demonstration projects which develop and

test prototype equipment and processes, through -

(A) provision of organizational and technical advice; and

(B) participation in such joint ventures by means of grants,

cooperative agreements, or contracts, if the Secretary, acting

through the Director, determines participation to be

appropriate, which may include (i) partial start-up funding,

(ii) provision of a minority share of the cost of such joint

ventures for up to 5 years, and (iii) making available

equipment, facilities, and personnel,

provided that emphasis is placed on areas where the Institute has

scientific or technological expertise, on solving generic

problems of specific industries, and on making those industries

more competitive in world markets;

(2) provide grants to and enter into contracts and cooperative

agreements with United States businesses (especially small

businesses), provided that emphasis is placed on applying the

Institute's research, research techniques, and expertise to those

organizations' research programs;

(3) involve the Federal laboratories in the Program, where

appropriate, using among other authorities the cooperative

research and development agreements provided for under section

3710a of this title; and

(4) carry out, in a manner consistent with the provisions of

this section, such other cooperative research activities with

joint ventures as may be authorized by law or assigned to the

Program by the Secretary.

technologies; overseas transfer; annual report to Congress;

financial reporting and auditing; routine consideration of

Committee advice; dissemination of research results

The Secretary, acting through the Director, is authorized to take

all actions necessary and appropriate to establish and operate the

Program, including -

(1) publishing in the Federal Register draft criteria and, no

later than six months after August 23, 1988, following a public

comment period, final criteria, for the selection of recipients

of assistance under subsection (b)(1) and (2) of this section;

(2) monitoring how technologies developed in its research

program are used, and reporting annually to the Congress on the

extent of any overseas transfer of these technologies;

(3) establishing procedures regarding financial reporting and

auditing to ensure that contracts and awards are used for the

purposes specified in this section, are in accordance with sound

accounting practices, and are not funding existing or planned

research programs that would be conducted in the same time period

in the absence of financial assistance under the Program;

(4) assuring that the advice of the Committee established under

section 278 of this title is considered routinely in carrying out

the responsibilities of the Institute; and

(5) providing for appropriate dissemination of Program research

results.

(d) Contracts or awards; criteria; restrictions

When entering into contracts or making awards under subsection

(b) of this section, the following shall apply:

(1) No contract or award may be made until the research project

in question has been subject to a merit review, and has, in the

opinion of the reviewers appointed by the Director and the

Secretary, acting through the Director, been shown to have

scientific and technical merit.

(2) In the case of joint ventures, the Program shall not make

an award unless the award will facilitate the formation of a

joint venture or the initiation of a new research and development

project by an existing joint venture.

(3) No Federal contract or cooperative agreement under

subsection (b)(2) of this section shall exceed $2,000,000 over 3

years, or be for more than 3 years unless a full and complete

explanation of such proposed award, including reasons for

exceeding these limits, is submitted in writing by the Secretary

to the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Science, Space, and Technology of the

House of Representatives. The proposed contract or cooperative

agreement may be executed only after 30 calendar days on which

both Houses of Congress are in session have elapsed since such

submission. Federal funds made available under subsection (b)(2)

of this section shall be used only for direct costs and not for

indirect costs, profits, or management fees of the contractor.

(4) In determining whether to make an award to a particular

joint venture, the Program shall consider whether the members of

the joint venture have made provisions for the appropriate

participation of small United States businesses in such joint

venture.

(5) Section 552 of title 5 shall not apply to the following

information obtained by the Federal Government on a confidential

basis in connection with the activities of any business or any

joint venture receiving funding under the Program -

(A) information on the business operation of any member of

the business or joint venture; and

(B) trade secrets possessed by any business or any member of

the joint venture.

(6) Intellectual property owned and developed by any business

or joint venture receiving funding or by any member of such a

joint venture may not be disclosed by any officer or employee of

the Federal Government except in accordance with a written

agreement between the owner or developer and the Program.

(7) If a business or joint venture fails before the completion

of the period for which a contract or award has been made, after

all allowable costs have been paid and appropriate audits

conducted, the unspent balance of the Federal funds shall be

returned by the recipient to the Program.

(8) Upon dissolution of any joint venture or at the time

otherwise agreed upon, the Federal Government shall be entitled

to a share of the residual assets of the joint venture

proportional to the Federal share of the costs of the joint

venture as determined by independent audit.

(9) A company shall be eligible to receive financial assistance

under this section only if -

(A) the Secretary finds that the company's participation in

the Program would be in the economic interest of the United

States, as evidenced by investments in the United States in

research, development, and manufacturing (including, for

example, the manufacture of major components or subassemblies

in the United States); significant contributions to employment

in the United States; and agreement with respect to any

technology arising from assistance provided under this section

to promote the manufacture within the United States of products

resulting from that technology (taking into account the goals

of promoting the competitiveness of United States industry),

and to procure parts and materials from competitive suppliers;

and

(B) either -

(i) the company is a United States-owned company; or

(ii) the Secretary finds that the company is incorporated

in the United States and has a parent company which is

incorporated in a country which affords to United

States-owned companies opportunities, comparable to those

afforded to any other company, to participate in any joint

venture similar to those authorized under this chapter;

affords to United States-owned companies local investment

opportunities comparable to those afforded to any other

company; and affords adequate and effective protection for

the intellectual property rights of United States-owned

companies.

(10) Grants, contracts, and cooperative assignments under this

section shall be designed to support projects which are high risk

and which have the potential for eventual substantial widespread

commercial application. In order to receive a grant, contract,

or cooperative agreement under this section, a research and

development entity shall demonstrate to the Secretary the

requisite ability in research and technology development and

management in the project area in which the grant, contract, or

cooperative agreement is being sought.

(11)(A) Title to any intellectual property arising from

assistance provided under this section shall vest in a company or

companies incorporated in the United States. The United States

may reserve a nonexclusive, nontransferable, irrevocable paid-up

license, to have practiced for or on behalf of the United States,

in connection with any such intellectual property, but shall not,

in the exercise of such license, publicly disclose proprietary

information related to the license. Title to any such

intellectual property shall not be transferred or passed, except

to a company incorporated in the United States, until the

expiration of the first patent obtained in connection with such

intellectual property.

(B) For purposes of this paragraph, the term ''intellectual

property'' means an invention patentable under title 35 or any

patent on such an invention.

the licensing to any company of intellectual property rights

arising from assistance provided under this section.

(e) Suspension for failure to satisfy eligibility criteria

The Secretary may, within 30 days after notice to Congress,

suspend a company or joint venture from continued assistance under

this section if the Secretary determines that the company, the

country of incorporation of the company or a parent company, or the

joint venture has failed to satisfy any of the criteria set forth

in subsection (d)(9) of this section, and that it is in the

national interest of the United States to do so.

(f) Coordination with other Federal technology programs

When reviewing private sector requests for awards under the

Program, and when monitoring the progress of assisted research

projects, the Secretary and the Director shall, as appropriate,

coordinate with the Secretary of Defense and other senior Federal

officials to ensure cooperation and coordination in Federal

technology programs and to avoid unnecessary duplication of

effort. The Secretary and the Director are authorized to work with

the Director of the Office of Science and Technology Policy, the

Secretary of Defense, and other appropriate Federal officials to

form interagency working groups or special project offices to

coordinate Federal technology activities.

(g) Meetings with industry sources

In order to analyze the need for the value of joint ventures and

other research projects in specific technical fields, to evaluate

any proposal made by a joint venture or company requesting the

Secretary's assistance, or to monitor the progress of any joint

venture or any company research project which receives Federal

funds under the Program, the Secretary, the Under Secretary of

Commerce for Technology, and the Director may, notwithstanding any

other provision of law, meet with such industry sources as they

consider useful and appropriate.

(h) Standards development

Up to 10 percent of the funds appropriated for carrying out this

section may be used for standards development and technical

activities by the Institute in support of the purposes of this

section.

(i) Acceptance of funds from other Federal departments and agencies

In addition to such sums as may be authorized and appropriated to

the Secretary and Director to operate the Program, the Secretary

and Director also may accept funds from other Federal departments

and agencies for the purpose of providing Federal funds to support

awards under the Program. Any Program award which is supported with

funds which originally came from other Federal departments and

agencies shall be selected and carried out according to the

provisions of this section.

(j) Definitions

As used in this section -

(1) the term ''joint venture'' means any group of activities,

including attempting to make, making, or performing a contract,

by two or more persons for the purpose of -

(A) theoretical analysis, experimentation, or systematic

study of phenomena or observable facts;

(B) the development or testing of basic engineering

techniques;

scientific or technical nature into practical application for

experimental and demonstration purposes, including the

experimental production and testing of models, prototypes,

equipment, materials, and processes;

(D) the collection, exchange, and analysis of research

information;

(E) the production of any product, process, or service; or

(F) any combination of the purposes specified in

subparagraphs (A), (B), (C), (D), and (E),

and may include the establishment and operation of facilities for

the conducting of research, the conducting of such venture on a

protected and proprietary basis, and the prosecuting of

applications for patents and the granting of licenses for the

results of such venture; and

(2) the term ''United States-owned company'' means a company

that has majority ownership or control by individuals who are

citizens of the United States.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 28, as added Pub. L. 100-418, title V,

Sec. 5131(a), Aug. 23, 1988, 102 Stat. 1439; amended Pub. L.

102-245, title II, Sec. 201(c), Feb. 14, 1992, 106 Stat. 16.)

-REFTEXT-

REFERENCES IN TEXT

Section 6683 of title 42, referred to in subsec. (a), was omitted

from the Code.

-MISC2-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-245, Sec. 201(c)(1), inserted at

end ''In operating the Program, the Secretary and Director shall,

as appropriate, be guided by the findings and recommendations of

the Biennial National Critical Technology Reports prepared pursuant

to section 6683 of title 42.''

Subsec. (b)(1). Pub. L. 102-245, Sec. 201(c)(2), inserted

''industry-led'' after ''aid'' in introductory provisions.

Subsec. (b)(1)(B). Pub. L. 102-245, Sec. 201(c)(3), inserted ''by

means of grants, cooperative agreements, or contracts'' after

''such joint ventures''.

Subsec. (b)(2). Pub. L. 102-245, Sec. 201(c)(4), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''enter

into contracts and cooperative agreements with United States

businesses, especially small businesses, and with independent

research organizations, provided that emphasis is placed on

applying the Institute's research, research techniques, and

expertise to those organizations' research programs;''.

Subsec. (d)(2). Pub. L. 102-245, Sec. 201(c)(5), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''In the

case of joint ventures, the Program shall not make an award unless,

in the judgment of the Secretary, acting through the Director,

Federal aid is needed if the industry in question is to form a

joint venture quickly.''

Subsec. (d)(7) to (11). Pub. L. 102-245, Sec. 201(c)(6),

redesignated pars. (8) and (9) as (7) and (8), respectively, added

pars. (9) to (11), and struck out former par. (7) which read as

follows: ''The Federal Government shall be entitled to a share of

the licensing fees and royalty payments made to and retained by any

business or joint venture to which it contributes under this

section in an amount proportional to the Federal share of the costs

incurred by the business or joint venture as determined by

independent audit.''

Subsec. (e). Pub. L. 102-245, Sec. 201(c)(7), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: ''As

used in this section, the term 'joint research and development

venture' has the meaning given to such term in section 4301(a)(6)

of this title.''

Subsecs. (f) to (j). Pub. L. 102-245, Sec. 201(c)(8), added

subsecs. (f) to (j).

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-MISC4-

EFFECTIVE DATE OF 1992 AMENDMENT

Section 201(d) of Pub. L. 102-245 provided that: ''The amendments

in subsection (c) (amending this section) shall take effect

immediately upon enactment (Feb. 14, 1992); however, the amendments

shall not apply to applications submitted before the date of

enactment of this Act.''

CONGRESSIONAL FINDINGS AND PURPOSES FOR ADVANCED TECHNOLOGY PROGRAM

AMENDMENTS

Section 201(b) of Pub. L. 102-245 provided that:

''(1) The Congress finds that -

''(A) technological innovation and its profitable inclusion in

commercial products are critical components of the ability of the

United States to raise the living standards of Americans and to

compete in world markets;

''(B) maintaining viable United States-based high technology

industries is vital to both the national security and the

economic well-being of the United States;

''(C) the Department of Commerce has reported that the United

States is losing or losing badly, relative to Japan and Europe,

in many important emerging technologies and risks losing much of

the $350,000,000,000 United States market and $1,000,000,000,000

world market expected to develop by the year 2000 for products

based on emerging technologies;

''(D) it is in the national interest for the Federal Government

to encourage and, in selected cases, provide limited financial

assistance to industry-led private sector efforts to increase

research and development in economically critical areas of

technology;

''(E) joint ventures are a particularly effective and

appropriate way to pool resources to conduct research that no

single company is likely to undertake but which will create new

generic technologies that will benefit an entire industry and the

welfare of the Nation;

''(F) it is vital that industry within the United States attain

a leadership role and capability in development, design, and

manufacturing in fields such as high-resolution information

systems, advanced manufacturing, and advanced materials; and

''(G) the Advanced Technology Program, established under

section 28 of the National Institute of Standards and Technology

Act (15 U.S.C. 278n), is the appropriate vehicle for the United

States Government to provide limited assistance to joint

development within the United States of new high technology

capabilities in fields such as high-resolution information

systems, advanced manufacturing technology, and advanced

materials, and can help encourage United States industry to work

together on problems of mutual concern.

''(2) The purposes of this section (amending this section and

section 272 of this title and enacting provisions set out as notes

under this section and section 271 of this title) are -

''(A) to strengthen the Advanced Technology Program created

under section 28 of the National Institute of Standards and

Technology Act (15 U.S.C. 278n), and to provide improved

guidelines for the allocation of Advanced Technology Program

funds appropriated under the authorizations contained in section

105 of this Act (amending sections 278k and 4632 of this title

and provisions set out as a note under section 278l of this

title);

''(B) to promote and assist in the development of advanced

technologies and the generic application of such technologies to

civilian products, processes, and services;

''(C) to improve the competitive position of United States

industry by supporting industry-led research and development

projects in areas of emerging technology which have substantial

potential to advance the economic well-being and national

security of the United States, such as high-resolution

information systems, advanced manufacturing technology, and

advanced materials; and

''(D) to support projects that range from idea exploration to

prototype development and address long-term, high-risk areas of

technological research, development, and application that are not

otherwise being adequately developed by the private sector, but

are likely to yield important benefits to the Nation.''

COMPREHENSIVE REPORT ON ADVANCED TECHNOLOGY PROGRAM

Section 201(f) of Pub. L. 102-245 provided that: ''The Secretary

shall, not later than 4 years after the date of enactment of this

Act (Feb. 14, 1992), submit to each House of the Congress and the

President a comprehensive report on the results of the Advanced

Technology Program established under section 28 of the National

Institute of Standards and Technology Act (15 U.S.C. 278n),

including any activities in the areas of high-resolution

information systems, advanced manufacturing technology, and

advanced materials.''

NATIONAL ACADEMIES OF SCIENCES AND ENGINEERING STUDY OF

GOVERNMENT-INDUSTRY COOPERATION IN CIVILIAN TECHNOLOGY

Section 5131(c) of Pub. L. 100-418 provided that:

''(1) Within 90 days after the date of enactment of this Act

(Aug. 23, 1988), the Secretary of Commerce shall enter into

contracts with the National Academies of Sciences and Engineering

for a thorough review of the various types of arrangements under

which the private sector in the United States and the Federal

Government cooperate in civilian research and technology transfer,

including activities to create or apply generic, nonproprietary

technologies. The purpose of the review is to provide the

Secretary and Congress with objective information regarding the

uses, strengths, and limitations of the various types of

cooperative technology arrangements that have been used in the

United States. The review is to provide both an analysis of the

ways in which these arrangements can help improve the technological

performance and international competitiveness of United States

industry, and also to provide the Academies' recommendations

regarding ways to improve the effectiveness and efficiency of these

types of cooperative arrangements. A special emphasis shall be

placed on discussions of these subjects among industry leaders,

labor leaders, and officials of the executive branch and Congress.

The Secretary is authorized to seek and accept funding for this

study from both Federal agencies and private industry.

''(2) The members of the review panel shall be drawn from among

industry and labor leaders, entrepreneurs, former government

officials with great experience in civilian research and

technology, and scientific and technical experts, including experts

with experience with Federal laboratories.

''(3) The review shall analyze the strengths and weaknesses of

different types of Federal-industry cooperative arrangements in

civilian technology, including but not limited to -

''(A) Federal programs which provide technical services and

information to United States companies;

''(B) cooperation between Federal laboratories and United

States companies, including activities under the Technology Share

Program created by Executive Order 12591 (15 U.S.C. 3710 note);

''(C) Federal research and technology transfer arrangements

with selected business sectors;

''(D) Federal encouragement of, and assistance to, private

joint research and development ventures; and

''(E) such other mechanisms of Federal-industry cooperation as

may be identified by the Secretary.

''(4) A report based on the findings and recommendations of the

review panel shall be submitted to the Secretary, the President,

and Congress within 18 months after the Secretary signs the

contracts with the National Academies of Sciences and

Engineering.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 272, 278 of this title.

-CITE-

15 USC Sec. 278o 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278o. User fees

-STATUTE-

The Institute shall not implement a policy of charging fees with

respect to the use of Institute research facilities by research

associates in the absence of express statutory authority to charge

such fees.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 30, as added Pub. L. 100-418, title V,

Sec. 5161, Aug. 23, 1988, 102 Stat. 1450.)

-CITE-

15 USC Sec. 278p 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278p. Notice to Congress

-STATUTE-

(a) Notice of reprogramming

If any funds authorized for carrying out this chapter are subject

to a reprogramming action that requires notice to be provided to

the Appropriations Committees of the House of Representatives and

the Senate, notice of such action shall concurrently be provided to

the Committee on Science of the House of Representatives and the

Committee on Commerce, Science, and Transportation of the Senate.

(b) Notice of reorganization

(1) Requirement

The Secretary shall provide notice to the Committees on Science

and Appropriations of the House of Representatives, and the

Committees on Commerce, Science, and Transportation and

Appropriations of the Senate, not later than 15 days before any

major reorganization of any program, project, or activity of the

Institute.

(2) ''Major reorganization'' defined

For purposes of this subsection, the term ''major

reorganization'' means any reorganization of the Institute that

involves the reassignment of more than 25 percent of the

employees of the Institute.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 31, as added Pub. L. 105-309, Sec.

4(b), Oct. 30, 1998, 112 Stat. 2935.)

-CITE-

15 USC Sec. 278q 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 278q. Appropriations; availability

-STATUTE-

Appropriations to carry out the provisions of this chapter may

remain available for obligation and expenditure for such period or

periods as may be specified in the Acts making such appropriations.

-SOURCE-

(Mar. 3, 1901, ch. 872, Sec. 32, formerly Sec. 18, as added Pub. L.

92-317, Sec. 3(a), June 22, 1972, 86 Stat. 235; amended Pub. L.

95-322, Sec. 2(b), July 21, 1978, 92 Stat. 395; Pub. L. 96-461,

Sec. 10, Oct. 15, 1980, 94 Stat. 2052; renumbered Sec. 19, Pub. L.

99-574, Sec. 6(a), Oct. 28, 1986, 100 Stat. 3237; renumbered Sec.

20, Pub. L. 99-574, Sec. 8(a), Oct. 28, 1986, 100 Stat. 3238;

renumbered Sec. 22, Pub. L. 100-235, Sec. 3(2), Jan. 8, 1988, 101

Stat. 1724; renumbered Sec. 32, Pub. L. 107-305, Sec. 8(a)(1), Nov.

27, 2002, 116 Stat. 2375.)

-COD-

CODIFICATION

Section was formerly classified to section 278h of this title

prior to renumbering by Pub. L. 107-305.

Another section 32 of act Mar. 3, 1901, ch. 872, is set out as a

Short Title note under section 271 of this title.

-MISC3-

AMENDMENTS

1980 - Pub. L. 96-461 substituted ''Appropriations'' for ''(a)

Appropriations'' and struck out subsec. (b) which authorized

appropriations to carry out provisions of this chapter, including

the Working Capital Fund referred to in section 278b(a) of this

title, but excluding section 278f of this title, of such sums as

may be necessary for each of the fiscal years 1979 and 1980.

1978 - Pub. L. 95-322 designated existing provisions as subsec.

(a) and added subsec. (b).

-CITE-

15 USC Sec. 279 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 279. Absence of Director

-STATUTE-

In the case of the absence of the Director of the National

Institute of Standards and Technology the Secretary of Commerce may

designate some officer of said Institute to perform the duties of

the director during his absence.

-SOURCE-

(Mar. 4, 1911, ch. 237, Sec. 1, 36 Stat. 1231; Mar. 4, 1913, ch.

141, Sec. 1, 37 Stat. 736; Pub. L. 100-418, title V, Sec. 5115(c),

Aug. 23, 1988, 102 Stat. 1433.)

-COD-

CODIFICATION

Section was not enacted as part of the National Institute of

Standards and Technology Act which comprises this chapter.

-MISC3-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''National Institute of

Standards and Technology'' for ''Bureau of Standards'' and

''Institute'' for ''bureau''.

-CHANGE-

CHANGE OF NAME

Act Mar. 4, 1913, substituted ''Secretary of Commerce'' for

''Secretary of Commerce and Labor''.

-CITE-

15 USC Sec. 280, 281 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 280, 281. Repealed. Pub. L. 100-418, title V, Sec. 5113, Aug.

23, 1988, 102 Stat. 1432

-MISC1-

Section 280, acts July 16, 1914, ch. 141, Sec. 1, 38 Stat. 502;

1978 Reorg. Plan No. 2, Sec. 102, 43 F.R. 36037, 92 Stat. 3783,

related to promotion of apprentices in National Bureau of

Standards.

Section 281, acts Mar. 4, 1913, ch. 150, Sec. 1, 37 Stat. 945;

1967 Reorg. Plan No. 3, Sec. 401, eff. Aug. 11, 1967, 32 F.R.

11669, 81 Stat. 948; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec.

421, title VII, Sec. 711, 87 Stat. 789, 818, related to testing of

building and other structural materials for District of Columbia.

-CITE-

15 USC Sec. 281a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 281a. Structural failures

-STATUTE-

The National Institute of Standards and Technology, on its own

initiative but only after consultation with local authorities, may

initiate and conduct investigations to determine the causes of

structural failures in structures which are used or occupied by the

general public. No part of any report resulting from such

investigation, or from an investigation under the National

Construction Safety Team Act (15 U.S.C. 7301 et seq.), shall be

admitted as evidence or used in any suit or action for damages

arising out of any matter mentioned in such report.

-SOURCE-

(Pub. L. 99-73, Sec. 7, July 29, 1985, 99 Stat. 173; Pub. L.

100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub.

L. 107-231, Sec. 13, Oct. 1, 2002, 116 Stat. 1476.)

-REFTEXT-

REFERENCES IN TEXT

The National Construction Safety Team Act, referred to in text,

is Pub. L. 107-231, Oct. 1, 2002, 116 Stat. 1471, as amended, which

is classified generally to chapter 99 (Sec. 7301 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 7301 of this title and

Tables.

-COD-

CODIFICATION

Section was not enacted as part of the National Institute of

Standards and Technology Act which comprises this chapter.

-MISC3-

AMENDMENTS

2002 - Pub. L. 107-231 inserted '', or from an investigation

under the National Construction Safety Team Act,'' after ''from

such investigation''.

1988 - Pub. L. 100-418 substituted ''National Institute of

Standards and Technology'' for ''National Bureau of Standards''.

-CITE-

15 USC Sec. 282 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 282. Repealed. Pub. L. 100-418, title V, Sec. 5113, Aug. 23,

1988, 102 Stat. 1432

-MISC1-

Section, act May 14, 1930, ch. 275, Sec. 1, 46 Stat. 327, related

to establishment and purpose of a national hydraulic laboratory and

studies of Federal and State projects related thereto.

-CITE-

15 USC Sec. 282a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 282a. Assessment of emerging technologies requiring research

in metrology

-STATUTE-

The Board of Assessment of the National Institute of Standards

and Technology shall include, as part of its annual review, an

assessment of emerging technologies which are expected to require

research in metrology to keep the Institute abreast of its mission,

including process and quality control, engineering databases,

advanced materials, electronics and fiber optics, bioprocess

engineering, and advanced computing concepts. Such review shall

include estimates of the cost of the required effort, required

staffing levels, appropriate interaction with industry, including

technology transfer, and the period over which the research will be

required.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5163(a), Aug. 23, 1988, 102 Stat.

1450.)

-COD-

CODIFICATION

Section is comprised of section 5163(a) of Pub. L. 100-418.

Section 5163(b)-(d) of Pub. L. 100-418 enacted provisions set out

as a note under section 272 of this title, amended section 3710 of

this title, and enacted section 1533 of this title, respectively.

Section was not enacted as part of the National Institute of

Standards and Technology Act which comprises this chapter.

-MISC3-

PRIOR PROVISIONS

A prior section 282a, Pub. L. 99-574, Sec. 7, Oct. 28, 1986, 100

Stat. 3237, consisted of provisions substantially identical to this

section.

-CITE-

15 USC Sec. 283 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 283. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 655, 656

-MISC1-

Section, acts July 20, 1949, ch. 354, title III, Sec. 301, 63

Stat. 468; Sept. 6, 1950, ch. 896, ch. III, title III, Sec. 301,

64 Stat. 628, related to appointment of personnel observing radio

propagation phenomena in Arctic Region.

-CITE-

15 USC Sec. 284 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 284. Omitted

-COD-

CODIFICATION

Section, acts Oct. 22, 1951, ch. 533, title III, Sec. 301, 65

Stat. 593; Sept. 6, 1950, ch. 896, ch. III, title III, Sec. 301,

64 Stat. 628; July 20, 1949, ch. 354, title III, Sec. 301, 63 Stat.

468, which related to transfer of materials, etc., to Bureau of

ionosphere observation by Departments of the Army, Navy, and Air

Force, was from the Department of Commerce Appropriation Act, 1952,

and has not been repeated in subsequent appropriation acts.

-CITE-

15 USC Sec. 285, 286 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 7 - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

-HEAD-

Sec. 285, 286. Repealed. Pub. L. 85-890, Sec. 3, Sept. 2, 1958, 72

Stat. 1712

-MISC1-

Section 285, act July 21, 1950, ch. 485, Sec. 1, 64 Stat. 370,

related to functions and activities of National Bureau of Standards

for which funds should be available. See section 278e of this

title.

Section 286, act July 21, 1950, ch. 485, Sec. 2, 64 Stat. 371,

related to construction and improvement of buildings and

facilities. See section 278d of this title.

-CITE-

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País:	Estados Unidos

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Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # Commerce and Trade

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