§ 3704. — Commerce and technological innovation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC3704]
TITLE 15--COMMERCE AND TRADE
CHAPTER 63--TECHNOLOGY INNOVATION
Sec. 3704. Commerce and technological innovation
(a) Establishment
There is established in the Department of Commerce a Technology
Administration, which shall operate in accordance with the provisions,
findings, and purposes of this chapter. The Technology Administration
shall include--
(1) the National Institute of Standards and Technology;
(2) the National Technical Information Service; and
(3) a policy analysis office, which shall be known as the Office
of Technology Policy.
(b) Under Secretary and Assistant Secretary
The President shall appoint, by and with the advice and consent of
the Senate, to the extent provided for in appropriations Acts--
(1) an Under Secretary of Commerce for Technology, who shall be
compensated at the rate provided for level III of the Executive
Schedule in section 5314 of title 5; and
(2) an Assistant Secretary of Commerce for Technology Policy,
who shall serve as policy analyst for the Under Secretary.
(c) Duties
The Secretary, through the Under Secretary, as appropriate, shall--
(1) manage the Technology Administration and supervise its
agencies, programs, and activities;
(2) conduct technology policy analyses to improve United States
industrial productivity, technology, and innovation, and cooperate
with United States industry in the improvement of its productivity,
technology, and ability to compete successfully in world markets;
(3) carry out any functions formerly assigned to the Office of
Productivity, Technology, and Innovation;
(4) assist in the implementation of the Metric Conversion Act of
1975 [15 U.S.C. 205a et seq.];
(5) determine the relationships of technological developments
and international technology transfers to the output, employment,
productivity, and world trade performance of United States and
foreign industrial sectors;
(6) determine the influence of economic, labor and other
conditions, industrial structure and management, and government
policies on technological developments in particular industrial
sectors worldwide;
(7) identify technological needs, problems, and opportunities
within and across industrial sectors that, if addressed, could make
a significant contribution to the economy of the United States;
(8) assess whether the capital, technical and other resources
being allocated to domestic industrial sectors which are likely to
generate new technologies are adequate to meet private and social
demands for goods and services and to promote productivity and
economic growth;
(9) propose and support studies and policy experiments, in
cooperation with other Federal agencies, to determine the
effectiveness of measures with the potential of advancing United
States technological innovation;
(10) provide that cooperative efforts to stimulate industrial
innovation be undertaken between the Under Secretary and other
officials in the Department of Commerce responsible for such areas
as trade and economic assistance;
(11) encourage and assist the creation of centers and other
joint initiatives by State or local governments, regional
organizations, private businesses, institutions of higher education,
nonprofit organizations, or Federal laboratories to encourage
technology transfer, to stimulate innovation, and to promote an
appropriate climate for investment in technology-related industries;
(12) propose and encourage cooperative research involving
appropriate Federal entities, State or local governments, regional
organizations, colleges or universities, nonprofit organizations, or
private industry to promote the common use of resources, to improve
training programs and curricula, to stimulate interest in high
technology careers, and to encourage the effective dissemination of
technology skills within the wider community;
(13) serve as a focal point for discussions among United States
companies on topics of interest to industry and labor, including
discussions regarding manufacturing and discussions regarding
emerging technologies;
(14) consider government measures with the potential of
advancing United States technological innovation and exploiting
innovations of foreign origin; and
(15) publish the results of studies and policy experiments.
(d) Japanese technical literature
(1) In addition to the duties specified in subsection (c) of this
section, the Secretary and the Under Secretary shall establish, and
through the National Technical Information Service and with the
cooperation of such other offices within the Department of Commerce as
the Secretary considers appropriate, maintain a program (including an
office in Japan) which shall, on a continuing basis--
(A) monitor Japanese technical activities and developments;
(B) consult with businesses, professional societies, and
libraries in the United States regarding their needs for information
on Japanese developments in technology and engineering;
(C) acquire and translate selected Japanese technical reports
and documents that may be of value to agencies and departments of
the Federal Government, and to businesses and researchers in the
United States; and
(D) coordinate with other agencies and departments of the
Federal Government to identify significant gaps and avoid
duplication in efforts by the Federal Government to acquire,
translate, index, and disseminate Japanese technical information.
Activities undertaken pursuant to subparagraph (C) of this paragraph
shall only be performed on a cost-reimbursable basis. Translations
referred to in such subparagraph shall be performed only to the extent
that they are not otherwise available from sources within the private
sector in the United States.
(2) Beginning in 1986, the Secretary shall prepare annual reports
regarding important Japanese scientific discoveries and technical
innovations in such areas as computers, semiconductors, biotechnology,
and robotics and manufacturing. In preparing such reports, the Secretary
shall consult with professional societies and businesses in the United
States. The Secretary may, to the extent provided in advance by
appropriation Acts, contract with private organizations to acquire and
translate Japanese scientific and technical information relevant to the
preparation of such reports.
(3) The Secretary also shall encourage professional societies and
private businesses in the United States to increase their efforts to
acquire, screen, translate, and disseminate Japanese technical
literature.
(4) In addition, the Secretary shall compile, publish, and
disseminate an annual directory which lists--
(A) all programs and services in the United States that collect,
abstract, translate, and distribute Japanese scientific and
technical information; and
(B) all translations of Japanese technical documents performed
by agencies and departments of the Federal Government in the
preceding 12 months that are available to the public.
(5) The Secretary shall transmit to the Congress, within 1 year
after August 14, 1986, a report on the activities of the Federal
Government to collect, abstract, translate, and distribute declassified
Japanese scientific and technical information.
(e) Omitted
(f) Experimental Program to Stimulate Competitive Technology
(1) In general
The Secretary, acting through the Under Secretary, shall
establish for fiscal year 1999 a program to be known as the
Experimental Program to Stimulate Competitive Technology (referred
to in this subsection as the ``program''). The purpose of the
program shall be to strengthen the technological competitiveness of
those States that have historically received less Federal research
and development funds than those received by a majority of the
States.
(2) Arrangements
In carrying out the program, the Secretary, acting through the
Under Secretary, shall--
(A) enter into such arrangements as may be necessary to
provide for the coordination of the program through the State
committees established under the Experimental Program to
Stimulate Competitive Research of the National Science
Foundation; and
(B) cooperate with--
(i) any State science and technology council established
under the program under subparagraph (A); and
(ii) representatives of small business firms and other
appropriate technology-based businesses.
(3) Grants and cooperative agreements
In carrying out the program, the Secretary, acting through the
Under Secretary, may make grants or enter into cooperative
agreements to provide for--
(A) technology research and development;
(B) technology transfer from university research;
(C) technology deployment and diffusion; and
(D) the strengthening of technological capabilities through
consortia comprised of--
(i) technology-based small business firms;
(ii) industries and emerging companies;
(iii) universities; and
(iv) State and local development agencies and entities.
(4) Requirements for making awards
(A) In general
In making awards under this subsection, the Secretary,
acting through the Under Secretary, shall ensure that the awards
are awarded on a competitive basis that includes a review of the
merits of the activities that are the subject of the award.
(B) Matching requirement
The non-Federal share of the activities (other than planning
activities) carried out under an award under this subsection
shall be not less than 25 percent of the cost of those
activities.
(5) Criteria for States
The Secretary, acting through the Under Secretary, shall
establish criteria for achievement by each State that participates
in the program. Upon the achievement of all such criteria, a State
shall cease to be eligible to participate in the program.
(6) Coordination
To the extent practicable, in carrying out this subsection, the
Secretary, acting through the Under Secretary, shall coordinate the
program with other programs of the Department of Commerce.
(7) Report
(A) In general
Not later than 90 days after October 30, 1998, the Under
Secretary shall prepare and submit a report that meets the
requirements of this paragraph to the Secretary. Upon receipt of
the report, the Secretary shall transmit a copy of the report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of
Representatives.
(B) Requirements for report
The report prepared under this paragraph shall contain with
respect to the program--
(i) a description of the structure and procedures of the
program;
(ii) a management plan for the program;
(iii) a description of the merit-based review process to
be used in the program;
(iv) milestones for the evaluation of activities to be
assisted under the program in fiscal year 1999;
(v) an assessment of the eligibility of each State that
participates in the Experimental Program to Stimulate
Competitive Research of the National Science Foundation to
participate in the program under this subsection; and
(vi) the evaluation criteria with respect to which the
overall management and effectiveness of the program will be
evaluated.
(Pub. L. 96-480, Sec. 5, Oct. 21, 1980, 94 Stat. 2312; Pub. L. 99-382,
Sec. 2, Aug. 14, 1986, 100 Stat. 811; Pub. L. 99-502, Sec. 9(b)(3)-(5),
(e)(2)(A), Oct. 20, 1986, 100 Stat. 1795, 1797; Pub. L. 100-519, title
II, Sec. 201(a)-(c), (d)(2), Oct. 24, 1988, 102 Stat. 2593, 2594; Pub.
L. 102-245, title III, Sec. 306, Feb. 14, 1992, 106 Stat. 20; Pub. L.
105-309, Sec. 9, Oct. 30, 1998, 112 Stat. 2938; Pub. L. 106-404,
Sec. 7(3), Nov. 1, 2000, 114 Stat. 1745.)
References in Text
The Metric Conversion Act of 1975, referred to in subsec. (c)(4), is
Pub. L. 94-168, Dec. 23, 1975, 89 Stat. 1007, as amended, which is
classified generally to subchapter II (Sec. 205a et seq.) of chapter 6
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 205a of this title and Tables.
Codification
Subsec. (e) of this section, which required Secretary to prepare and
submit to President and Congress, within 3 years after Oct. 21, 1980, a
report on progress, findings, and conclusions of activities conducted
pursuant to this section and sections 3705, 3707, 3710, 3711, and 3712
of this title (as then in effect) and recommendations for possible
modifications thereof, was omitted from the Code.
Amendments
2000--Subsec. (c)(11). Pub. L. 106-404 substituted ``State or local
governments'' for ``State of local governments''.
1998--Subsec. (f). Pub. L. 105-309 added subsec. (f).
1992--Subsec. (c)(13) to (15). Pub. L. 102-245 added par. (13) and
redesignated former pars. (13) and (14) as (14) and (15), respectively.
1988--Subsec. (a). Pub. L. 100-519, Sec. 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, Sec. 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 Secretary for Productivity, Technology, and
Innovation.''
Subsec. (c). Pub. L. 100-519, Sec. 201(c)(2), substituted ``Under
Secretary, as appropriate,'' for ``Assistant Secretary, on a continuing
basis,'' in introductory provisions.
Subsec. (c)(1) to (9). Pub. L. 100-519, Sec. 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, Sec. 201(c)(1), (3), redesignated
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, Sec. 201(c)(1),
redesignated former pars. (7) to (10) as (11) to (14), respectively.
Subsec. (d)(1). Pub. L. 100-519, Sec. 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, Sec. 9(b)(3), substituted
``Office of Productivity, Technology, and Innovation'' for ``Office of
Industrial Technology''.
Subsec. (b). Pub. L. 99-502, Sec. 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 Executive Schedule in section 5316 of title
5''.
Subsec. (c). Pub. L. 99-502, Sec. 9(b)(5)(A), substituted ``the
Assistant Secretary'' for ``the Director'' in provisions preceding par.
(1).
Subsec. (c)(6). Pub. L. 99-502, Sec. 9(b)(5)(A), substituted ``the
Assistant Secretary'' for ``the Director''.
Subsec. (c)(7) to (10). Pub. L. 99-502, Sec. 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, Sec. 2(2), added subsec. (d). Former
subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 99-502, Sec. 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, Sec. 2(1), redesignated subsec. (d) as (e).
Transition Provision
Section 201(e) of Pub. L. 100-519 provided that: ``The individual
serving as the Assistant Secretary of Commerce for Productivity,
Technology, and Innovation immediately before the date of enactment of
this Act [Oct. 24, 1988] shall serve as Acting Assistant Secretary of
Commerce for Technology Policy until the Assistant Secretary takes
office.''
Commercial Space Programs
Section 201(f) of Pub. L. 100-519, as added by Pub. L. 100-685,
title II, Sec. 219, Nov. 17, 1988, 102 Stat. 4095, provided that:
``Nothing in this section [amending sections 3703, 3704, and 3710 of
this title and section 5314 of Title 5, Government Organization and
Employees, and enacting provisions set out as a note above] authorizes
the Department to establish an Office of Commercial Space Programs or to
place such an office into the Technology Administration without prior
authorization of the Congress.''
Section Referred to in Other Sections
This section is referred to in sections 3703, 3713 of this title.
