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15 U.S.C. § 3704b — National Technical Information Service

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3704b — National Technical Information Service

**(a) Powers** (1) The Secretary of Commerce, acting through the Director of the National Technical Information Service (hereafter in this section referred to as the “Director”) is authorized to do the following: (A) Enter into such contracts, cooperative agreements, joint ventures, and other transactions, in accordance with all relevant provisions of Federal law applicable to such contracts and agreements, and under reasonable terms and conditions, as may be necessary in the conduct of the business of the National Technical Information Service (hereafter in this section referred to as the “Service”). (B) In addition to the authority regarding fees contained in section 2 of the Act entitled “An Act to provide for the dissemination of technological, scientific, and engineering information to American business and industry, and for other purposes” enacted September 9, 1950 ([15 U.S.C. 1152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1152&num=0&edition=prelim)), retain and, subject to appropriations Acts, utilize its net revenues to the extent necessary to implement the plan submitted under subsection (f)(3)(D). (C) Enter into contracts for the performance of part or all of the functions performed by the Promotion Division of the Service prior to October 24, 1988. The details of any such contract, and a statement of its effect on the operations and personnel of the Service, shall be provided to the appropriate committees of the Congress 30 days in advance of the execution of such contract. (D) Employ such personnel as may be necessary to conduct the business of the Service. (E) For the period of October 1, 1991 through September 30, 1992, only, retain and use all earned and unearned monies heretofore or hereafter received, i

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Source file: Laws/federal/codes/united-states-code/title-15/section-3704b-national-technical-information-service--836b02fcc4.md
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Source location: Title 15, Chapter 63, § 3704b; chapter-063-technology-innovation.md

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**(a) Powers** (1) The Secretary of Commerce, acting through the Director of the National Technical Information Service (hereafter in this section referred to as the “Director”) is authorized to do the following: (A) Enter into such contracts, cooperative agreements, joint ventures, and other transactions, in accordance with all relevant provisions of Federal law applicable to such contracts and agreements, and under reasonable terms and conditions, as may be necessary in the conduct of the business of the National Technical Information Service (hereafter in this section referred to as the “Service”). (B) In addition to the authority regarding fees contained in section 2 of the Act entitled “An Act to provide for the dissemination of technological, scientific, and engineering information to American business and industry, and for other purposes” enacted September 9, 1950 ([15 U.S.C. 1152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1152&num=0&edition=prelim)), retain and, subject to appropriations Acts, utilize its net revenues to the extent necessary to implement the plan submitted under subsection (f)(3)(D). (C) Enter into contracts for the performance of part or all of the functions performed by the Promotion Division of the Service prior to October 24, 1988. The details of any such contract, and a statement of its effect on the operations and personnel of the Service, shall be provided to the appropriate committees of the Congress 30 days in advance of the execution of such contract. (D) Employ such personnel as may be necessary to conduct the business of the Service. (E) For the period of October 1, 1991 through September 30, 1992, only, retain and use all earned and unearned monies heretofore or hereafter received, including receipts, revenues, and advanced payments and deposits, to fund all obligations and expenses, including inventories and capital equipment. An increase or decrease in the personnel of the Service shall not affect or be affected by any ceilings on the number or grade of personnel. (2) The functions and activities of the Service specified in subsection (e)(1) through (6) are permanent Federal functions to be carried out by the Secretary through the Service and its employees, and shall not be transferred from the Service, by contract or otherwise, to the private sector on a permanent or temporary basis without express approval of the Congress. Functions or activities— (A) for the procurement of supplies, materials, and equipment by the Service; (B) referred to in paragraph (1)(C); or (C) to be performed through joint ventures or cooperative agreements which do not result in a reduction in the Federal workforce of the affected programs of the service,11 So in original. Probably should be capitalized. shall not be considered functions or activities for purposes of this paragraph. (3) For the purposes of this subsection, the term “net revenues” means the excess of revenues and receipts from any source, other than royalties and other income described in section 13(a)(4) 22 See References in Text note below. of the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3710c(a)(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710c/a/4&num=0&edition=prelim)), over operating expenses. (4) Omitted. **(b) Director of the Service** The management of the Service shall be vested in a Director who shall report to the Director of the National Institute of Standards and Technology and the Secretary of Commerce. **(c) Advisory Board** (1) There is established the Advisory Board of the National Technical Information Service, which shall be composed of a chairman and four other members appointed by the Secretary. (2) In appointing members of the Advisory Board the Secretary shall solicit recommendations from the major users and beneficiaries of the Service’s activities and shall select individuals experienced in providing or utilizing technical information. (3) The Advisory Board shall review the general policies and operations of the Service, including policies in connection with fees and charges for its services, and shall advise the Secretary and the Director with respect thereto. (4) The Advisory Board shall meet at the call of the Secretary, but not less often than once each six months. **(d) Audits** The Secretary of Commerce shall provide for annual independent audits of the Service’s financial statements beginning with fiscal year 1988, to be conducted in accordance with generally accepted accounting principles. **(e) Functions** The Secretary of Commerce, acting through the Service, shall— (1) establish and maintain a permanent repository of nonclassified scientific, technical, and engineering information; (2) cooperate and coordinate its operations with other Government scientific, technical, and engineering information programs; (3) make selected bibliographic information products available in a timely manner to depository libraries as part of the Depository Library Program of the Government Publishing Office; (4) in conjunction with the private sector as appropriate, collect, translate into English, and disseminate unclassified foreign scientific, technical, and engineering information; (5) implement new methods or media for the dissemination of scientific, technical, and engineering information, including producing and disseminating information products in electronic format; and (6) carry out the functions and activities of the Secretary under the Act entitled “An Act to provide for the dissemination of technological, scientific, and engineering information to American business and industry, and for other purposes” enacted September 9, 1950 [[15 U.S.C. 1151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1151&num=0&edition=prelim) et seq.], and the functions and activities of the Secretary performed through the National Technical Information Service as of October 24, 1988, under the Stevenson-Wydler Technology Innovation Act of 1980 [[15 U.S.C. 3701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3701&num=0&edition=prelim) et seq.]. **(f) Notification of Congress** (1) The Secretary of Commerce and the Director shall keep the appropriate committees of Congress fully and currently informed about all activities related to the carrying out of the functions of the Service, including changes in fee policies. (2) Within 90 days after October 24, 1988, the Secretary of Commerce shall submit to the Congress a report on the current fee structure of the Service, including an explanation of the basis for the fees, taking into consideration all applicable costs, and the adequacy of the fees, along with reasons for the declining sales at the Service of scientific, technical, and engineering publications. Such report shall explain any actions planned or taken to increase such sales at reasonable fees. (3) The Secretary shall submit an annual report to the Congress which shall— (A) summarize the operations of the Service during the preceding year, including financial details and staff levels broken down by major activities; (B) detail the operating plan of the Service, including specific expense and staff needs, for the upcoming year; (C) set forth details of modernization progress made in the preceding year; (D) describe the long-term modernization plans of the Service; and (E) include the results of the most recent annual audit carried out under subsection (d). (4) The Secretary shall also give the Congress detailed advance notice of not less than 30 calendar days of— (A) any proposed reduction-in-force; (B) any joint venture or cooperative agreement which involves a financial incentive to the joint venturer or contractor; and (C) any change in the operating plan submitted under paragraph (3)(B) which would result in a variation from such plan with respect to expense levels of more than 10 percent.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3701 — Findings

The Congress finds and declares that: (1) Technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States. (2) Technology and industrial innovation offer an improved standard of living, increased public and private sector productivity, creation of new industries and employment opportunities, improved public services and enhanced competitiveness of United States products in world markets. (3) Many new discoveries and advances in science occur in universities and Federal laboratories, while the application of this new knowledge to commercial and useful public purposes depends largely upon actions by business and labor. Cooperation among academia, Federal laboratories, labor, and industry, in such forms as technology transfer, personnel exchange, joint research projects, and others, should be renewed, expanded, and strengthened. (4) Small businesses have performed an important role in advancing industrial and technological innovation. (5) Industrial and technological innovation in the United States may be lagging when compared to historical patterns and other industrialized nations. (6) Increased industrial and technological innovation would reduce trade deficits, stabilize the dollar, increase productivity gains, increase employment, and stabilize prices. (7) Government antitrust, economic, trade, patent, procurement, regulatory, research and development, and tax policies have significant impacts upon industrial innovation and development of technology, but there is insufficient knowledge of their effects in particular sectors of the economy. (8) No comprehensive national policy exists to enhance technological innovation for commercial and public purposes. There is a need for such a policy, in

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1152 — Clearinghouse for technical information; removal of security classification

The Secretary of Commerce (hereinafter referred to as the “Secretary”) is directed to establish and maintain within the Department of Commerce a clearinghouse for the collection and dissemination of scientific, technical, and engineering information, and to this end to take such steps as he may deem necessary and desirable— **(a)** To search for, collect, classify, coordinate, integrate, record, and catalog such information from whatever sources, foreign and domestic, that may be available; **(b)** To make such information available to industry and business, to State and local governments, to other agencies of the Federal Government, and to the general public, through the preparation of abstracts, digests, translations, bibliographies, indexes, and microfilm and other reproductions, for distribution either directly or by utilization of business, trade, technical, and scientific publications and services; **(c)** To effect, within the limits of his authority as now or hereafter defined by law, and with the consent of competent authority, the removal of restrictions on the dissemination of scientific and technical data in cases where consideration of national security permit the release of such data for the benefit of industry and business.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3710 — Utilization of Federal technology

**(a) Policy** (1) It is the continuing responsibility of the Federal Government to ensure the full use of the results of the Nation’s Federal investment in research and development. To this end the Federal Government shall strive where appropriate to transfer federally owned or originated technology to State and local governments and to the private sector. (2) Technology transfer, consistent with mission responsibilities, is a responsibility of each laboratory science and engineering professional. (3) Each laboratory director shall ensure that efforts to transfer technology are considered positively in laboratory job descriptions, employee promotion policies, and evaluation of the job performance of scientists and engineers in the laboratory. **(b) Establishment of Research and Technology Applications Offices** Each Federal laboratory shall establish an Office of Research and technology Applications. Laboratories having existing organizational structures which perform the functions of this section may elect to combine the Office of Research and Technology Applications within the existing organization. The staffing and funding levels for these offices shall be determined between each Federal laboratory and the Federal agency operating or directing the laboratory, except that (1) each laboratory having 200 or more full-time equivalent scientific, engineering, and related technical positions shall provide one or more full-time equivalent positions as staff for its Office of Research and Technology Applications, and (2) each Federal agency which operates or directs one or more Federal laboratories shall make available sufficient funding, either as a separate line item or from the agency’s research and development budget, to support the technology transfer function at t

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 9103 — Budgets of wholly owned Government corporations

**(a)** Each wholly owned Government corporation shall prepare and submit each year to the President a business-type budget in a way, and before a date, the President prescribes by regulation for the budget program. **(b)** The budget program for each wholly owned Government corporation shall— (1) contain estimates of the financial condition and operations of the corporation for the current and following fiscal years and the condition and results of operations in the last fiscal year; (2) contain statements of financial condition, income and expense, and sources and use of money, an analysis of surplus or deficit, and additional statements and information to make known the financial condition and operations of the corporation, including estimates of operations by major activities, administrative expenses, borrowings, the amount of United States Government capital that will be returned to the Treasury during the fiscal year, and appropriations needed to restore capital impairments; and (3) provide for emergencies and contingencies and otherwise be flexible so that the corporation may carry out its activities. **(c)** The President shall submit the budget programs submitted by wholly owned Government corporations (as changed by the President) as part of the budget submitted to Congress under [section 1105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim). The President thereafter may submit changes in a budget program of a corporation at any time.

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 301 — Director of the Government Publishing Office: appointment

**(a)** The President of the United States shall nominate and, by and with the advice and consent of the Senate, appoint a suitable person to take charge of and manage the Government Publishing Office. The title shall be Director of the Government Publishing Office. **(b)** The Director shall be appointed for a term of 10 years. **(c)** An individual appointed to the position of Director, by and with the advice and consent of the Senate, may be reappointed to that position in accordance with subsections (a) and (b).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1151 — Purpose of chapter

The purpose of this chapter is to make the results of technological research and development more readily available to industry and business, and to the general public, by clarifying and defining the functions and responsibilities of the Department of Commerce as a central clearinghouse for technical information which is useful to American industry and business.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1525 — Special studies; special compilations, lists, bulletins, or reports; clearinghouse for technical information; transcripts or copies; cost payments for special work; joint projects: cost apportionment, waiver

The Secretary of Commerce is authorized, upon the request of any person, firm, organization, or others, public or private, to make special studies on matters within the authority of the Department of Commerce; to prepare from its records special compilations, lists, bulletins, or reports; to perform the functions authorized by [section 1152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1152&num=0&edition=prelim); and to furnish transcripts or copies of its studies, compilations, and other records; upon the payment of the actual or estimated cost of such special work.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1151 — Purpose of chapter

Page 1336 TITLE 15—COMMERCE AND TRADE § 1141l States, the holder may designate, by a docu- ment filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leav- ing with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the last designated address, or if the holder does not designate by a docu- ment filed in the United States Patent and Trademark Office the name and address of a per- son resident in the United States on whom may be served notices or process in proceedings af- fecting the mark, such notices or process may be served on the Director. (July 5, 1946, ch. 540, title XII, § 71, as added Pub. L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116 Stat. 1919; amended Pub. L. 111–146, § 3(d)(2), Mar. 17, 2010, 124 Stat. 68.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–146 amended section generally. Prior to amendment, section related to required affidavits and fees, contents of affidavit, notification of Direc- tor’s acceptance or refusal, and service of notice or process. § 1141l. Assignment of an extension of protection An extension of protection may be assigned, together with the goodwill associated with the mark, only to a person who is a national of, is domiciled in, or has a bona fide and effective in- dustrial or commercial establishment either in a country that is a Contracting Party or in a country that is a member of an intergovern- mental organization that is a Contracting Party. (July 5, 1946, ch. 540, title

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1152 — Clearinghouse for technical information;

Page 1336 TITLE 15—COMMERCE AND TRADE § 1141l States, the holder may designate, by a docu- ment filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leav- ing with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the last designated address, or if the holder does not designate by a docu- ment filed in the United States Patent and Trademark Office the name and address of a per- son resident in the United States on whom may be served notices or process in proceedings af- fecting the mark, such notices or process may be served on the Director. (July 5, 1946, ch. 540, title XII, § 71, as added Pub. L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116 Stat. 1919; amended Pub. L. 111–146, § 3(d)(2), Mar. 17, 2010, 124 Stat. 68.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–146 amended section generally. Prior to amendment, section related to required affidavits and fees, contents of affidavit, notification of Direc- tor’s acceptance or refusal, and service of notice or process. § 1141l. Assignment of an extension of protection An extension of protection may be assigned, together with the goodwill associated with the mark, only to a person who is a national of, is domiciled in, or has a bona fide and effective in- dustrial or commercial establishment either in a country that is a Contracting Party or in a country that is a member of an intergovern- mental organization that is a Contracting Party. (July 5, 1946, ch. 540, title

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1152

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3701 — Findings

Page 2024 TITLE 15—COMMERCE AND TRADE § 3612 tributions from any person who if sued sepa- rately, would have been liable to make the same payment. (d) Amounts recoverable; defendant’s attorneys’ fees The amounts recoverable under this section may include interest paid, reasonable attorneys’ fees, independent engineer and appraisers’ fees, and court costs. A defendant may recover rea- sonable attorneys’ fees if the court determines that the cause of action filed by the plaintiff is frivolous, malicious, or lacking in substantial merit. (Pub. L. 96–399, title VI, § 612, Oct. 8, 1980, 94 Stat. 1679.) § 3612. Concurrent State and Federal jurisdic- tion; venue; removal of cases The district courts of the United States, the United States courts of any territory, and the United States District Court for the District of Columbia shall have jurisdiction under this chapter and, concurrent with State courts, of actions at law or in equity brought under this chapter without regard to the amount in con- troversy. Any such action may be brought in the district wherein the defendant is found or is an inhabitant or transacts business, or in the dis- trict where the sale took place, and process in such cases may be served in other districts of which the defendant is an inhabitant or wher- ever the defendant may be found. No case aris- ing under this chapter and brought in any State court of competent jurisdiction shall be removed to any court of the United States, except where any officer or employee of the United States in his official capacity is a party. (Pub. L. 96–399, title VI, § 613, Oct. 8, 1980, 94 Stat. 1679.) § 3613. Limitation of actions No action shall be maintained to enforce any right or liability created by this chapter unless brought wi

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