15 U.S.C. § 3704a — Clearinghouse for State and Local Initia-

Page 2035 TITLE 15—COMMERCE AND TRADE § 3704a 1988—Subsec. (a). Pub. L. 100–519, § 201(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘The Secretary shall establish and maintain an Office of Productivity, Technology, and Innovation in accordance with the provisions, findings, and purposes of this chapter.’’ Subsec. (b). Pub. L. 100–519, § 201(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘The President shall appoint, by and with the advice and consent of the Senate, an Assistant Sec- retary for Productivity, Technology, and Innovation.’’ Subsec. (c). Pub. L. 100–519, § 201(c)(2), substituted ‘‘Under Secretary, as appropriate,’’ for ‘‘Assistant Sec- retary, on a continuing basis,’’ in introductory provi- sions. Subsec. (c)(1) to (9). Pub. L. 100–519, § 201(c)(1), (2), added pars. (1) to (4) and redesignated former pars. (1) to (5) as (5) to (9), respectively. Former pars. (6) to (9) redesignated (10) to (13), respectively. Subsec. (c)(10). Pub. L. 100–519, § 201(c)(1), (3), redesig- nated former par. (6) as (10) and substituted ‘‘Under Secretary’’ for ‘‘Assistant Secretary’’. Former par. (10) redesignated (14). Subsec. (c)(11) to (14). Pub. L. 100–519, § 201(c)(1), redes- ignated former pars. (7) to (10) as (11) to (14), respec- tively. Subsec. (d)(1). Pub. L. 100–519, § 201(d)(2), substituted ‘‘and the Under Secretary shall establish, and through the National Technical Information Service and with the cooperation of’’ for ‘‘shall establish and, through the National Technical Information Service and’’. 1986—Subsec. (a). Pub. L. 99–502, § 9(b)(3), substituted ‘‘Office of Productivity, Technology, and Innovation’’ for ‘‘Office of Industrial Technology’’. Subsec. (b). Pub. L. 99–502, § 9(b)(4), substituted ‘‘an Assistant Secretary for Productivity, Technology, and Innovation’’ for ‘‘a Director of the Office, who shall be compensated at the rate provided for level V of the Ex- ecutive Schedule in section 5316 of title 5’’. Subsec. (c). Pub. L. 99–502, § 9(b)(5)(A), substituted ‘‘the Assistant Secretary’’ for ‘‘the Director’’ in provi- sions preceding par. (1). Subsec. (c)(6). Pub. L. 99–502, § 9(b)(5)(A), substituted ‘‘the Assistant Secretary’’ for ‘‘the Director’’. Subsec. (c)(7) to (10). Pub. L. 99–502, § 9(b)(5)(B), (C), added pars. (7) and (8) and redesignated former pars. (7) and (8) as (9) and (10), respectively. Subsec. (d). Pub. L. 99–382, § 2(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 99–502, § 9(e)(2)(A), which directed the insertion of ‘‘(as then in effect)’’ in subsec. (d), was executed to subsec. (e) to reflect the probable intent of Congress in view of the redesignation of subsec. (d) as (e) by Pub. L. 99–382. Pub. L. 99–382, § 2(1), redesignated subsec. (d) as (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. CONSTRUCTION Pub. L. 110–69, title III, § 3002(b), Aug. 9, 2007, 121 Stat. 586, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall not be con- strued to eliminate the National Institute of Standards and Technology or the National Technical Information Service.’’ TRANSITION PROVISION Pub. L. 100–519, title II, § 201(e), Oct. 24, 1988, 102 Stat. 2594, provided that: ‘‘The individual serving as the As- sistant Secretary of Commerce for Productivity, Tech- nology, and Innovation immediately before the date of enactment of this Act [Oct. 24, 1988] shall serve as Act- ing Assistant Secretary of Commerce for Technology Policy until the Assistant Secretary takes office.’’ COMMERCIAL SPACE PROGRAMS Pub. L. 100–519, title II, § 201(f), as added by Pub. L. 100–685, title II, § 219, Nov. 17, 1988, 102 Stat. 4095, pro- vided that: ‘‘Nothing in this section [amending this sec- tion, sections 3703 and 3710 of this title, and section 5314 of Title 5, Government Organization and Employees, and enacting provisions formerly set out as a note above] authorizes the Department to establish an Of- fice of Commercial Space Programs or to place such an office into the Technology Administration without prior authorization of the Congress.’’ § 3704a. Clearinghouse for State and Local Initia- tives on Productivity, Technology, and Inno- vation (a) Establishment There is established within the Office of Pro- ductivity, Technology, and Innovation a Clear- inghouse for State and Local Initiatives on Pro- ductivity, Technology, and Innovation. The Clearinghouse shall serve as a central repository of information on initiatives by State and local governments to enhance the competitiveness of American business through the stimulation of productivity, technology, and innovation and Federal efforts to assist State and local govern- ments to enhance competitiveness. (b) Responsibilities The Clearinghouse may— (1) establish relationships with State and local governments, and regional and multistate organizations of such governments, which carry out such initiatives; (2) collect information on the nature, extent, and effects of such initiatives, particularly in- formation useful to the Congress, Federal agencies, State and local governments, re- gional and multistate organizations of such governments, businesses, and the public throughout the United States; (3) disseminate information collected under paragraph (2) through reports, directories, handbooks, conferences, and seminars; (4) provide technical assistance and advice to such governments with respect to such ini- tiatives, including assistance in determining sources of assistance from Federal agencies which may be available to support such initia- tives; (5) study ways in which Federal agencies, in- cluding Federal laboratories, are able to use their existing policies and programs to assist State and local governments, and regional and multistate organizations of such governments, to enhance the competitiveness of American business; (6) make periodic recommendations to the Secretary, and to other Federal agencies upon their request, concerning modifications in Federal policies and programs which would improve Federal assistance to State and local technology and business assistance programs; (7) develop methodologies to evaluate State and local programs, and, when requested, ad- vise State and local governments, and regional and multistate organizations of such govern- ments, as to which programs are most effec- tive in enhancing the competitiveness of Page 2036 TITLE 15—COMMERCE AND TRADE § 3704b 1 So in original. Probably should be capitalized. 2 See References in Text note below. American business through the stimulation of productivity, technology, and innovation; and (8) make use of, and disseminate, the nation- wide study of State industrial extension pro- grams conducted by the Secretary. (c) Contracts In carrying out subsection (b), the Secretary may enter into contracts for the purpose of col- lecting information on the nature, extent, and effects of initiatives. (Pub. L. 96–480, § 6, as added Pub. L. 100–418, title V, § 5122(a)(2), Aug. 23, 1988, 102 Stat. 1438.) Editorial Notes CODIFICATION Subsec. (d) of this section, which required the Sec- retary to prepare and transmit a triennial report to Congress, including recommendations to the President, Congress, and Federal agencies, on initiatives by State and local governments to enhance the competitiveness of American businesses through the stimulation of pro- ductivity, technology, and innovation, terminated, ef- fective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 50 of House Document No. 103–7. § 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 trans- actions, in accordance with all relevant provi- sions of Federal law applicable to such con- tracts 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 in- formation to American business and industry, and for other purposes’’ enacted September 9, 1950 (15 U.S.C. 1152), retain and, subject to ap- propriations 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 Oc- tober 24, 1988. The details of any such con- tract, and a statement of its effect on the op- erations 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 nec- essary 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, reve- nues, 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 per- manent Federal functions to be carried out by the Secretary through the Service and its em- ployees, and shall not be transferred from the Service, by contract or otherwise, to the private sector on a permanent or temporary basis with- out express approval of the Congress. Functions or activities— (A) for the procurement of supplies, mate- rials, 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,1 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 reve- nues and receipts from any source, other than royalties and other income described in section 13(a)(4) 2 of the Stevenson-Wydler Technology In- novation Act of 1980 (15 U.S.C. 3710c(a)(4)), over operating expenses. (4) Omitted. (b) Director of the Service The management of the Service shall be vest- ed in a Director who shall report to the Director of the National Institute of Standards and Tech- nology 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 recommenda- tions from the major users and beneficiaries of the Service’s activities and shall select individ- uals experienced in providing or utilizing tech- nical information. (3) The Advisory Board shall review the gen- eral policies and operations of the Service, in- cluding policies in connection with fees and charges for its services, and shall advise the Sec- retary 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 fi- nancial statements beginning with fiscal year 1988, to be conducted in accordance with gen- erally accepted accounting principles. (e) Functions The Secretary of Commerce, acting through the Service, shall—