§ 272. — Establishment, functions, and activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC272]
TITLE 15--COMMERCE AND TRADE
CHAPTER 7--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 272. Establishment, functions, and activities
(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.
(c) Implementation activities
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) \1\ of this title) and their use to control machinery and
processes;
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\1\ See References in Text note below.
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(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.
(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.)
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''.
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.
Section Referred to in Other Sections
This section is referred to in section 1454 of this title.
