§ 3704b. — National Technical Information Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC3704b]
TITLE 15--COMMERCE AND TRADE
CHAPTER 63--TECHNOLOGY INNOVATION
Sec. 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), retain and,
subject to appropriations Acts, utilize its net revenues to the
extent necessary to implement the plan submitted under subsection
(f)(3)(D) of this section.
(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) of this section 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,\1\
---------------------------------------------------------------------------
\1\ 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 3710c(a)(4) \2\ of this
title, over operating expenses.
---------------------------------------------------------------------------
\2\ See References in Text note below.
---------------------------------------------------------------------------
(4) Omitted.
(b) Director of the Service
The management of the Service shall be vested in a Director who
shall report to the Under Secretary of Commerce for 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 Printing 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 et seq.], and the functions and activities of
the Secretary performed through the National Technical Information
Service as of October 24, 1988, under this chapter.
(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) of this section.
(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.
(Pub. L. 100-519, title II, Sec. 212, Oct. 24, 1988, 102 Stat. 2594;
Pub. L. 102-140, title II, Oct. 28, 1991, 105 Stat. 804; Pub. L. 102-
245, title V, Sec. 506(c), Feb. 14, 1992, 106 Stat. 27.)
References in Text
This section, referred to in subsec. (a)(1), was in the original
``this subtitle'', meaning subtitle B (Secs. 211, 212) of title II of
Pub. L. 100-519, Oct. 24, 1988, 102 Stat. 2594, which enacted section
3704b of this title and amended section 3710 of this title. For complete
classification of this subtitle to the Code, see Short Title of 1988
Amendment note set out under section 3701 of this title and Tables.
Section 3710c(a)(4) of this title, referred to in subsec. (a)(3),
was in the original a reference to section 13(a)(4) of the Stevenson-
Wydler Technology Innovation Act of 1980 which was translated as reading
section 14(a)(4) of the Act to reflect the probable intent of Congress
and the renumbering of section 13 of the Act as section 14 by section
5122(a)(1) of Pub. L. 100-418.
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, referred to in subsec. (e)(6), is act Sept. 9, 1950, ch. 936, 64
Stat. 823, as amended, which is classified generally to chapter 23
(Sec. 1151 et seq.) of this title. For complete classification of this
Act to the Code, see Tables.
Codification
Section was enacted as part of the National Technical Information
Act of 1988, and not as part of the Stevenson-Wydler Technology
Innovation Act of 1980 which comprises this chapter.
Subsec. (a)(4) of this section repealed subsec. (h) of section 3710
of this title.
Amendments
1992--Subsec. (e)(5). Pub. L. 102-245 inserted ``, including
producing and disseminating information products in electronic format''
after ``engineering information''.
1991--Subsec. (a)(1)(E). Pub. L. 102-140 added subpar. (E).
Termination of Advisory Boards
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a board established by the
President or an officer of the Federal Government, such board is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a board 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.
National Technical Information Service Revolving Fund
Pub. L. 102-395, title II, Oct. 6, 1992, 106 Stat. 1853, provided
that: ``For establishment of a National Technical Information Service
Revolving Fund, $8,000,000 without fiscal year limitation: Provided,
That unexpended balances in Information Products and Services shall be
transferred to and merged with this account, to remain available until
expended. Notwithstanding 15 U.S.C. 1525 and 1526, all payments
collected by the National Technical Information Service in performing
its activities authorized by chapters 23 and 63 of title 15 of the
United States Code shall be credited to this Revolving Fund. Without
further appropriations action, all expenses incurred in performing the
activities of the National Technical Information Service, including
modernization, capital equipment and inventory, shall be paid from the
fund. A business-type budget for the fund shall be prepared in the
manner prescribed by 31 U.S.C. 9103.''
Section Referred to in Other Sections
This section is referred to in section 3704b-2 of this title.
