15 U.S.C. § 3704
Section 3704 · Experimental program to stimulate competitive technology
Current version, with additions and removals from the November 1, 2000 version.
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.
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.
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.
(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.
(1) In general
(1) In general
(2) Arrangements
(2) Arrangements
(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
(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—
(B) cooperate with—
(i) any State science and technology council established under the program under subparagraph (A); and
(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.
(ii) representatives of small business firms and other appropriate technology-based businesses.
(3) Grants and cooperative agreements
(3) Grants and cooperative agreements
(A) technology research and development;
(A) technology research and development;
(B) technology transfer from university research;
(B) technology transfer from university research;
(C) technology deployment and diffusion; and
(C) technology deployment and diffusion; and
(D) the strengthening of technological capabilities through consortia comprised of—
(D) the strengthening of technological capabilities through consortia comprised of—
(i) technology-based small business firms;
(i) technology-based small business firms;
(ii) industries and emerging companies;
(ii) industries and emerging companies;
(iii) universities; and
(iii) universities; and
(iv) State and local development agencies and entities.
(iv) State and local development agencies and entities.
(4) Requirements for making awards
(4) Requirements for making awards
(A) In general
(A) In general
(B) Matching requirement
(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.
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
(5) Criteria for States
(7) Report
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.
The Secretary shall establish a Minority Serving Institution Digital and Wireless Technology Opportunity Program that awards grants, cooperative agreements, and contracts to eligible institutions to enable the eligible institutions in acquiring, and augmenting the institutions' use of, digital and wireless networking technologies to improve the quality and delivery of educational services at eligible institutions.
(2) Application and review procedures
(A) In general
To be eligible to receive a grant, cooperative agreement, or contract under this subsection, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used, including a description of any digital and wireless networking technology to be acquired, and a description of how the institution will ensure that digital and wireless networking technology will be made accessible to, and employed by, students, faculty, and administrators. The Secretary, consistent with subparagraph (C) and in consultation with the advisory council established under subparagraph (B), shall establish procedures to review such applications. The Secretary shall publish the application requirements and review criteria in the Federal Register, along with a statement describing the availability of funds.
(B) Advisory council
The Secretary shall establish an advisory council to advise the Secretary on the best approaches to encourage maximum participation by eligible institutions in the program established under paragraph (1), and on the procedures to review applications submitted to the program. In selecting the members of the advisory council, the Secretary shall consult with representatives of appropriate organizations, including representatives of eligible institutions, to ensure that the membership of the advisory council includes representatives of minority businesses and eligible institution communities. The Secretary shall also consult with experts in digital and wireless networking technology to ensure that such expertise is represented on the advisory council.
(C) Review panels
Each application submitted under this subsection by an eligible institution shall be reviewed by a panel of individuals selected by the Secretary to judge the quality and merit of the proposal, including the extent to which the eligible institution can effectively and successfully utilize the proposed grant, cooperative agreement, or contract to carry out the program described in paragraph (1). The Secretary shall ensure that the review panels include representatives of minority serving institutions and others who are knowledgeable about eligible institutions and technology issues. The Secretary shall ensure that no individual assigned under this subsection to review any application has a conflict of interest with regard to that application. The Secretary shall take into consideration the recommendations of the review panel in determining whether to award a grant, cooperative agreement, or contract to an eligible institution.
(3) Awards
(A) Limitation
An eligible institution that receives a grant, cooperative agreement, or contract under this subsection that exceeds $2,500,000 shall not be eligible to receive another grant, cooperative agreement, or contract under this subsection.
(B) Consortia
Grants, cooperative agreements, and contracts may only be awarded to eligible institutions. Eligible institutions may seek funding under this subsection for consortia, which may include other eligible institutions, a State or a State educational agency, local educational agencies, institutions of higher education, community-based organizations, national nonprofit organizations, or businesses, including minority businesses.
(C) Planning grants
The Secretary may provide funds to develop strategic plans to implement grants, cooperative agreements, or contracts awarded under this subsection.
(D) Institutional diversity
In awarding grants, cooperative agreements, and contracts to eligible institutions, the Secretary shall ensure, to the extent practicable, that awards are made to all types of institutions eligible for assistance under this subsection.
(E) Need
In awarding funds under this subsection, the Secretary shall give priority to the eligible institution with the greatest demonstrated need for assistance.
(4) Authorized activities
An eligible institution may use a grant, cooperative agreement, or contract awarded under this subsection—
(A) to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure to further the objective of the program described in paragraph (1);
(B) to develop and provide training, education, and professional development programs, including faculty development, to increase the use of, and usefulness of, digital and wireless networking technology;
(C) to provide teacher education, including the provision of preservice teacher training and in-service professional development at eligible institutions, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use digital and wireless networking technology in the classroom or instructional process, including instruction in science, mathematics, engineering, and technology subjects;
(D) to obtain capacity-building technical assistance, including through remote technical support, technical assistance workshops, and distance learning services; or
(E) to foster the use of digital and wireless networking technology to improve research and education, including scientific, mathematics, engineering, and technology instruction.
(5) Information dissemination
The Secretary shall convene an annual meeting of eligible institutions receiving grants, cooperative agreements, or contracts under this subsection to foster collaboration and capacity-building activities among eligible institutions.
(6) Matching requirement
The Secretary may not award a grant, cooperative agreement, or contract to an eligible institution under this subsection unless such institution agrees that, with respect to the costs incurred by the institution in carrying out the program for which the grant, cooperative agreement, or contract was awarded, such institution shall make available, directly, or through donations from public or private entities, non-Federal contributions in an amount equal to 25 percent of the grant, cooperative agreement, or contract awarded by the Secretary, or $500,000, whichever is the lesser amount. The Secretary shall waive the matching requirement for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than $50,000,000.
(7) Annual report and assessments
(A) Annual report required from recipients
Each eligible institution that receives a grant, cooperative agreement, or contract awarded under this subsection shall provide an annual report to the Secretary on its use of the grant, cooperative agreement, or contract.
(B) Independent assessments
(i) Contract to conduct assessments
Not later than 6 months after August 14, 2008, the Secretary shall enter into a contract with the National Academy of Public Administration to conduct periodic assessments of the program established under paragraph (1). The assessments shall be conducted once every 3 years during the 10-year period following August 14, 2008.
(ii) Evaluations and recommendations
The assessments described in clause (i) shall include—
(I) an evaluation of the effectiveness of the program established under paragraph (1) in improving the education and training of students, faculty, and staff at eligible institutions that have been awarded grants, cooperative agreements, or contracts under the program;
(II) an evaluation of the effectiveness of the program in improving access to, and familiarity with, digital and wireless networking technology for students, faculty, and staff at all eligible institutions;
(III) an evaluation of the procedures established under paragraph (2)(A); and
(IV) recommendations for improving the program, including recommendations concerning the continuing need for Federal support.
(iii) Review of reports
In carrying out the assessments under this subparagraph, the National Academy of Public Administration shall review the reports submitted to the Secretary under subparagraph (A).
(iv) Report to Congress
Upon completion of each assessment under this subparagraph, the Secretary shall transmit the assessment to Congress along with a summary of the Secretary's plans, if any, to implement the recommendations of the National Academy of Public Administration.
(8) Definitions
In this subsection:
(A) Digital and wireless networking technology
The term "digital and wireless networking technology" means computer and communications equipment and software that facilitates the transmission of information in a digital format.
(B) Eligible institution
The term "eligible institution" means an institution that is—
(i) a part B institution, as defined in section 1061(2) of title 20, an institution identified in subparagraph (A), (B), or (C) of section 1063b(e)(1) of title 20, or a consortium of institutions described in this clause;
(ii) a Hispanic-serving institution, as defined in section 1101a(a)(5) of title 20;
(iii) a Tribal College or University, as defined in section 1059c(b)(3) of title 20;
(iv) an Alaska Native-serving institution, as defined in section 1059d(b) of title 20;
(v) a Native Hawaiian-serving institution, as defined in section 1059d(b) of title 20;
(vi) a Predominately Black Institution, as defined in section 1059e of title 20;
(vii) a Native American-serving, nontribal institution, as defined in section 1059f of title 20;
(viii) an Asian American and Native American Pacific Islander-serving institution, as defined in section 1059g of title 20; or
(ix) a minority institution, as defined in section 1067k of title 20, with an enrollment of needy students, as defined in section 1058(d) of title 20.
(C) Institution of higher education
The term "institution of higher education" has the meaning given the term in section 1001 of title 20.
(D) Local educational agency
The term "local educational agency" has the meaning given the term in section 7801 of title 20.
(E) Minority business
The term "minority business" includes HUBZone small business concerns (as defined in section 632(p) 1 of this title).
(F) Minority individual
The term "minority individual" means an American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), or Pacific Islander individual.
(G) State
The term "State" has the meaning given the term in section 7801 of title 20.
(H) State educational agency
The term "State educational agency" has the meaning given the term in section 7801 of title 20.