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Title 15 — Commerce and Trade

Chapter 7 — National Institute of Standards and Technology

§ 278. Visiting Committee on Advanced Technology

Statutory text

(a)

Establishment; appointment; membership and composition; review and recommendations

There is established within the Institute a Visiting Committee on Advanced Technology (hereafter in this chapter referred to as the “Committee”). The Committee shall consist of not fewer than 9 members appointed by the Director, a majority of whom shall be from United States industry. The Director shall appoint as original members of the Committee any final members of the National Institute of Standards and Technology Visiting Committee who wish to serve in such capacity. In addition to any powers and functions otherwise granted to it by this chapter, the Committee shall review and make recommendations regarding general policy for the Institute, its organization, its budget, and its programs within the framework of applicable national policies as set forth by the President and the Congress.

(b)

Qualifications; recommendations for appointment

The persons appointed as members of the Committee—

(1)

shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations;

(2)

shall be selected solely on the basis of established records of distinguished service;

(3)

shall not be employees of the Federal Government; and

(4)

shall be so selected as to provide representation of a cross-section of the traditional and emerging United States industries.

The Director is requested, in making appointments of persons as members of the Committee, to give due consideration to any recommendations which may be submitted to the Director by the National Academies, professional societies, business associations, labor associations, and other appropriate organizations.

(c)

Terms of office; eligibility

(1)

The term of office of each member of the Committee, other than the original members, shall be 3 years; except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person who has completed two consecutive full terms of service on the Committee shall thereafter be ineligible for appointment during the one-year period following the expiration of the second such term.

(2)

The original members of the Committee shall be elected to three classes of three members each; one class shall have a term of one year, one a term of two years, and the other a term of three years.

(d)

Meetings; quorum; notice

The Committee shall meet at least twice each year at the call of the Chairman or whenever one-third of the members so request in writing. A majority of the members of the Committee not having a conflict of interest in the matter being considered by the Committee shall constitute a quorum. Each member shall be given appropriate notice, whenever possible, not less than 15 days prior to any meeting, of the call of such meeting.

(e)

Appointment by Committee of executive and other committees

The Committee shall have an executive committee, and may delegate to it or to the Secretary such of the powers and functions granted to the Committee by this chapter as it deems appropriate. The Committee is authorized to appoint from among its members such other committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Committee deems appropriate to assist it in exercising its powers and functions under this chapter.

(f)

Chairman; Vice Chairman

The election of the Chairman and Vice Chairman of the Committee shall take place at each annual meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Committee shall elect a member to fill such vacancy.

(g)

Professional and clerical staff

The Committee may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of not more than four professional staff members and such clerical staff members as may be necessary. Such staff shall be appointed by the Director, after consultation with the Chairman of the Committee, and assigned at the direction of the Committee. The professional members of such staff may be appointed without regard to the provisions of title 5 governing appointments in the competitive service and the provisions of chapter 51 of title 5 relating to classification, and compensated at a rate not exceeding the appropriate rate provided for individuals in grade GS–18 of the General Schedule under section 5332 of title 5, as may be necessary to provide for the performance of such duties as may be prescribed by the Committee in connection with the exercise of its powers and functions under this chapter.

(h)

Annual and other reports to Secretary and Congress

(1)

The Committee shall render an annual report to the Secretary for submission to the Congress not later than 30 days after the submittal to Congress of the President’s annual budget request in each year. Such report shall deal essentially, though not necessarily exclusively, with policy issues or matters which affect the Institute or with which the Committee in its official role as the private sector policy advisor of the Institute is concerned. Each such report shall identify areas of research and research techniques of the Institute of potential importance to the long-term competitiveness of United States industry, in which the Institute possesses special competence, which could be used to assist United States enterprises and United States industrial joint research and development ventures.

(2)

The Committee shall render to the Secretary and the Congress such additional reports on specific policy matters as it deems appropriate.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 56–872 § 10 · 31 Stat. 1449

    Enacted · 15 U.S.C. § 278

    Mar. 3, 1901, ch. 872, § 10, 31 Stat. 1450

    Source evidence

    Code source credit
    Mar. 3, 1901, ch. 872, § 10, 31 Stat. 1450

    Enacted provision · exact public law section
    Sec. 10. That there shall be a visiting committee of five members, to be appointed by the Secretary of the Treasury, to consist of men prominent in the various interests involved, and not in the employ of the Government. This committee shall visit the bureau at least once a year, and report to the Secretary of the Treasury upon the efficiency of its scientific work and the condition of its equipment. The members of this committee shall serve without compensation, but shall be paid the actual expenses incurred in attending its meetings. The period of service of the members of the original committee shall be so arranged that one member shall retire each year, and the appointments there-after to be for a period of five years. Appointments made to fill vacancies occurring other than in the regular manner are to be made for the remainder of the period in which the vacancy exists.

  2. Technology Competitiveness Act

    Pub. L. 100–418 § 5131(b) · 102 Stat. 1107

    1. Amended · 15 U.S.C. § 278

      Pub. L. 100–418, § 5131(b), amended section generally

    2. Substituted · 15 U.S.C. § 278

      Pub. L. 100–418, § 5131(b), substituting provisions of subsecs. (a) to (h) relating to Visiting Committee on Advanced Technology for provisions of former single undesignated paragraph which related to a visiting committee which was to visit bureau at least once a year and report to Secretary of Commerce upon efficiency of its scientific work and condition of its equipment

    Source evidence

    Code amendment note
    Pub. L. 100–418, § 5131(b), amended section generally, substituting provisions of subsecs. (a) to (h) relating to Visiting Committee on Advanced Technology for provisions of former single undesignated paragraph which related to a visiting committee which was to visit bureau at least once a year and report to Secretary of Commerce upon efficiency of its scientific work and condition of its equipment.

    Enacted provision · exact public law section
    (b) Visiting Committee on Advanced Technology.— Section 10 of the Act of March 3, 1901, is amended to read as follows: “Sec. 10. “visiting committee on advanced technology (a) There is established within the Institute a Visiting Establishment. 15 USC 278. Committee on Advanced Technology (hereafter in this Act referred to as the ‘Committee’). The Committee shall consist of nine members appointed by the Director, at least five of whom shall be from United States industry. The Director shall appoint as original members of the Committee any final members of the National Bureau of Standards Visiting Committee who wish to serve in such capacity In addition to any powers and functions otherwise granted to it by this Act, the Committee shall review and make recommendations regarding general policy for the Institute, its organization, its budget, and its programs within the framework of applicable national policies as set forth by the President and the Congress. “(b) The persons appointed as members of the Committee— “(1) shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations; “(2) shall be selected solely on the basis of established records of distinguished service; “(3) shall not be employees of the Federal Government; and “(4) shall be so selected as to provide representation of a cross-section of the traditional and emerging United States industries. The Director is requested, in making appointments of persons as members of the Committee, to give due consideration to any recommendations which may be submitted to the Director by the National Academies, professional societies, business associations, labor associations, and other appropriate organizations. “(c) (1) The term of office of each member of the Committee, other than the original members, shall be 3 years; except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person who has completed two consecutive full terms of service on the Committee shall thereafter be ineligible for appointment during the one-year period following the expiration of the second such term. “(2) The original members of the Committee shall be elected to three classes of three members each; one class shall have a term of one year, one a term of two years, and the other a term of three years. “(d) The Committee shall meet at least quarterly at the call of the Chairman or whenever one-third of the members so request in writing. A majority of the members of the Committee not having a conflict of interest in the matter being considered by the Committee shall constitute a quorum. Each member shall be given appropriate notice, whenever possible, not less than 15 days prior to any meeting, of the call of such meeting. “(e) The Committee shall have an executive committee, and may delegate to it or to the Secretary such of the powers and functions granted to the Committee by this Act as it deems appropriate. The Committee is authorized to appoint from among its members such other committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Committee deems appropriate to assist it in exercising its powers and functions under this Act. “(f) The election of the Chairman and Vice Chairman of the Committee shall take place at each annual meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Committee shall elect a member to fill such vacancy. “(g) The Committee may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of not more than four professional staff members and such clerical staff members as may be necessary. Such staff shall be appointed by the Director, after consultation with the Chairman of the Committee, and assigned at the direction of the Committee. The professional members of such staff may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and the provisions of chapter 51 of title 5 of such Code relating to classification, and compensated at a rate not exceeding the appropriate rate provided for individuals in grade GS–18 of the General Schedule under section 5332 of title 5 of such Code, as may be necessary to provide for the performance of such duties as may be prescribed by the Committee in connection with the exercise of its powers and functions under this Act. “(h) (1) The Committee shall render an annual report to the Secretary Reports. for submission to the Congress on or before January 31 in each year. Such report shall deal essentially, though not necessarily exclusively, with policy issues or matters which affect the Institute, including the Program established under section 28, or with which the Committee in its official role as the private sector policy advisor of the Institute is concerned. Each such report shall identify areas of research and research techniques of the Institute of potential importance to the long-term competitiveness of United States industry, in which the Institute possesses special competence, which could be used to assist United States enterprises and United States industrial joint research and development ventures. “(2) The Committee shall render to the Secretary and the Congress Reports. such additional reports on specific policy matters as it deems appropriate.”.

  3. Technology Competitiveness Act

    Pub. L. 100–418 § 5115(a)(1) · 102 Stat. 1107

    Substituted · 15 U.S.C. § 278

    Pub. L. 100–418, § 5115(a)(1), substituted “Institute” for “bureau”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–418, § 5115(a)(1), substituted “Institute” for “bureau”.

    Enacted provision · exact public law section
    (1) Except as provided in paragraph (2), the Act of March 3, 1901 (15 U.S.C. 271 et seq.) is amended by striking “National Bureau of Standards”, “Bureau” and “bureau” wherever they appear and inserting in lieu thereof “Institute”.

  4. National Technology Transfer and Advancement Act of 1995

    Pub. L. 104–113 § 8(1) · 110 Stat. 775

    1. Substituted · 15 U.S.C. § 278(a)

      Pub. L. 104–113 substituted “15 members” for “nine members”

    2. Substituted · 15 U.S.C. § 278(a)

      Pub. L. 104–113 substituted “at least 10” for “at least five”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–113 substituted “15 members” for “nine members” and “at least 10” for “at least five”.

    Enacted provision · exact public law section
    (1) in section 10(a)— (A) by striking “nine” and inserting in lieu thereof “15”; and (B) by striking “five” and inserting in lieu thereof “10”;

  5. America COMPETES Act

    Pub. L. 110–69 § 3006 · 121 Stat. 572

    Substituted · 15 U.S.C. § 278(d)

    Pub. L. 110–69, § 3006, substituted “twice each year” for “quarterly”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–69, § 3006, substituted “twice each year” for “quarterly”.

    Enacted provision · exact public law section
    SEC. 3006. MEETINGS OF VISITING COMMITTEE ON ADVANCED TECHNOLOGY.   Section 10(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278(d)) is amended by striking “quarterly” and inserting “twice each year”.

  6. America COMPETES Act

    Pub. L. 110–69 § 3005 · 121 Stat. 572

    1. Substituted · 15 U.S.C. § 278(h)(1)

      Pub. L. 110–69, § 3005, substituted “not later than 30 days after the submittal to Congress of the President’s annual budget request in each year” for “on or before January 31 in each year”

    2. Inserted · 15 U.S.C. § 278(h)(1)

      Pub. L. 110–69, § 3005, inserted at end “Such report also shall comment on the programmatic planning document and updates thereto submitted to Congress by the Director under subsections (c) and (d) of section 278i of this title.”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 110–69, § 3005, substituted “not later than 30 days after the submittal to Congress of the President’s annual budget request in each year” for “on or before January 31 in each year” and inserted at end “Such report also shall comment on the programmatic planning document and updates thereto submitted to Congress by the Director under subsections (c) and (d) of section 278i of this title.”

    Enacted provision · exact public law section
    SEC. 3005. REPORT BY VISITING COMMITTEE.   Section 10(h)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278(h)(1)) is amended— (1) by striking “on or before January 31 in each year” and inserting “not later than 30 days after the submittal to Congress of the President’s annual budget request in each year”; and (2) by adding to the end the following: “Such report also shall comment on the programmatic planning document and updates thereto submitted to Congress by the Director under subsections (c) and (d) of section 23.”.

  7. American Innovation and Competitiveness Act

    Pub. L. 114–329 § 404(1) · 130 Stat. 2969

    1. Substituted · 15 U.S.C. § 278(a)

      Pub. L. 114–329, § 404(1), substituted “not fewer than 9 members appointed by the Director, a majority of whom” for “15 members appointed by the Director, at least 10 of whom”

    2. Substituted · 15 U.S.C. § 278(a)

      Pub. L. 114–329, § 404(1), substituted “National Institute of Standards and Technology” for “National Bureau of Standards”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–329, § 404(1), substituted “not fewer than 9 members appointed by the Director, a majority of whom” for “15 members appointed by the Director, at least 10 of whom” and “National Institute of Standards and Technology” for “National Bureau of Standards”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) in the second sentence, by striking “15 members appointed by the Director, at least 10 of whom” and inserting “not fewer than 9 members appointed by the Director, a majority of whom”; and (B) in the third sentence, by striking “National Bureau of Standards” and inserting “National Institute of Standards and Technology”; and

  8. American Innovation and Competitiveness Act

    Pub. L. 114–329 title II · 130 Stat. 2969

    Struck · 15 U.S.C. § 278(h)(1)

    Pub. L. 114–329, §§ 205(a)(2)(C), 404(2), made identical amendments, striking out “, including the Program established under section 278n of this title,” after “which affect the Institute”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 114–329, §§ 205(a)(2)(C), 404(2), made identical amendments, striking out “, including the Program established under section 278n of this title,” after “which affect the Institute”.

    Enacted provision · exact public law
    TITLE II— ADMINISTRATIVE AND REGULATORY BURDEN REDUCTION SEC. 201. INTERAGENCY WORKING GROUP ON RESEARCH REGULATION. (a) Short Title.— This section may be cited as the “Research and Development Efficiency Act”. (b) Findings.— Congress makes the following findings: (1) Scientific and technological advancement have been the largest drivers of economic growth in the last 50 years, with the Federal Government being the largest investor in basic research. (2) Substantial and increasing administrative burdens and costs in Federal research administration, particularly in the higher education sector where most federally funded research is performed, are eroding funds available to carry out basic scientific research. (3) Federally funded grants are increasingly competitive, with the Foundation funding only approximately 1 in every 5 grant proposals. (4) Progress has been made over the last decade in streamlining the pre-award grant application process through the Federal Government’s Grants.gov website. (5) Post-award administrative costs have increased as Federal research agencies have continued to impose agency-unique compliance and reporting requirements on researchers and research institutions. (6) Researchers spend as much as 42 percent of their time complying with Federal regulations, including administrative tasks such as applying for grants or meeting reporting requirements. (c) Sense of Congress.— It is the sense of Congress that— (1) administrative burdens faced by researchers may be reducing the return on investment of federally funded research and development; and (2) it is a matter of critical importance to United States competitiveness that administrative costs of federally funded research be streamlined so that a higher proportion of federal funding is applied to direct research activities. (d) Establishment.— The Director of the Office of Management and Budget, in coordination with the Office of Science and Technology Policy, shall establish an interagency working group (referred to in this section as the “Working Group”) for the purpose of reducing administrative burdens on federally funded researchers while protecting the public interest through the transparency of and accountability for federally funded activities. (e) Responsibilities.— (1) In general.— The Working Group shall— (A) regularly review relevant, administration-related regulations imposed on federally funded researchers; (B) recommend those regulations or processes that may be eliminated, streamlined, or otherwise improved for the purpose described in subsection (d); (C) recommend ways to minimize the regulatory burden on United States institutions of higher education performing federally funded research while maintaining accountability for federal funding; and (D) recommend ways to identify and update specific regulations to refocus on performance-based goals rather than on process while achieving the outcome described in subparagraph (C). (2) Grant review.— (A) In general.— The Working Group shall— (i) conduct a comprehensive review of Federal science agency grant proposal documents; and (ii) develop, to the extent practicable, a simplified, uniform grant format to be used by all Federal science agencies. (B) Considerations.— In developing the uniform grant format, the Working Group shall consider whether to implement— (i) procedures for preliminary project proposals in advance of peer-review selection; (ii) increased use of “Just-In-Time” procedures for documentation that does not bear directly on the scientific merit of a proposal; (iii) simplified initial budget proposals in advance of peer review selection; and (iv) detailed budget proposals for applicants that peer review selection identifies as likely to be funded. (3) Centralized researcher profile database.— (A) Establishment.— The Working Group shall establish, to the extent practicable, a secure, centralized database for investigator biosketches, curriculum vitae, licenses, lists of publications, and other documents considered relevant by the Working Group. (B) Considerations.— In establishing the centralized profile database under subparagraph (A), the Working Group shall consider incorporating existing investigator databases. (C) Grant proposals.— To the extent practicable, all grant proposals shall utilize the centralized investigator profile database established under subparagraph (A). (D) Requirements.— Each investigator shall— (i) be responsible for ensuring the investigator’s profile is current and accurate; and (ii) be assigned a unique identifier linked to the database and accessible to all Federal funding agencies. (4) Centralized assurances repository.— The Working Group shall— (A) establish a central repository for all of the assurances required for Federal research grants; and (B) provide guidance to institutions of higher education and Federal science agencies on the use of the centralized assurances repository. (5) Comprehensive review.— (A) In general.— The Working Group shall— (i) conduct a comprehensive review of the mandated progress reports for federally funded research; and (ii) develop a strategy to simplify investigator progress reports. (B) Considerations.— In developing the strategy, the Working Group shall consider limiting progress reports to performance outcomes. (f) Consultation.— In carrying out its responsibilities under subsection (e)(1), the Working Group shall consult with academic researchers outside the Federal Government, including— (1) federally funded researchers; (2) non-federally funded researchers; (3) institutions of higher education and their representative associations; (4) scientific and engineering disciplinary societies and associations; (5) nonprofit research institutions; (6) industry, including small businesses; (7) federally funded research and development centers; and (8) members of the public with a stake in ensuring effectiveness, efficiency, and accountability in the performance of scientific research. (g) Reports.— Not later than 1 year after the date of enactment of this Act, and annually thereafter for 3 years, the Working Group shall submit to the appropriate committees of Congress a report on its responsibilities under this section, including a discussion of the considerations described in paragraphs (2)(B), (3)(B), and (5)(B) of subsection (e) and recommendations made under subsection (e)(1). SEC. 202. SCIENTIFIC AND TECHNICAL COLLABORATION. (a) Definition of Scientific and Technical Workshop.— In this section, the term “scientific and technical workshop” means a symposium, seminar, or any other organized, formal gathering where scientists or engineers working in STEM research and development fields assemble to coordinate, exchange and disseminate information or to explore or clarify a defined subject, problem or area of knowledge in the STEM fields. (b) Sense of Congress.— It is the sense of Congress that— (1) the United States should encourage broad dissemination of Federal research findings and engagement of Federal researchers with the scientific and technical community; and (2) laboratory, test center, and field center directors and other similar heads of offices should approve scientific and technical workshop attendance if— (A) that attendance would meet the mission of the laboratory or test center; and (B) sufficient laboratory or test center funds are available for that purpose. (c) Attendance Policies.— Not later than 180 days after the date of enactment of this Act, the heads of the Federal science agencies shall each develop an action plan for the implementation of revisions and updates to their policies on attendance at scientific and technical workshops. (d) NIST Workshops.— Section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)), as amended by section 104 of this Act, is further amended— (1) by redesignating paragraphs (19) through (24) as paragraphs (22) through (27), respectively; and (2) by inserting after paragraph (18) the following: “(19) host, participate in, and support scientific and technical workshops (as defined in section 202 of the American Innovation and Competitiveness Act); “(20) collect and retain any fees charged by the Secretary for hosting a scientific and technical workshop described in paragraph (19); “(21) notwithstanding title 31 of the United States Code, use the fees described in paragraph (20) to pay for any related expenses, including subsistence expenses for participants;” . SEC. 203. NIST GRANTS AND COOPERATIVE AGREEMENTS UPDATE.   Section 8(a) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3706(a)) is amended by striking “The total amount of any such grant or cooperative agreement may not exceed 75 percent of the total cost of the program.”. SEC. 204. REPEAL OF CERTAIN OBSOLETE REPORTS. (a) Repeal of Certain Obsolete Reports.— (1) NIST reports.— (A) Report on donation of educationally useful federal equipment to schools.— Section 6(b) of the Technology Administration Act of 1998 (15 U.S.C. 272 note) is amended— (i) in paragraph (1), by striking “(1) In general.—” and indenting appropriately; and (ii) by striking paragraph (2). (B) Three-year programmatic planning document.— (i) In general.— Section 23 of the National Institute of Standards and Technology Act (15 U.S.C. 278i) is amended by striking subsections (c) and (d). (ii) Conforming amendment.— Section 10(h)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278(h)(1)) is amended by striking the last sentence. (2) Multiagency report on innovation acceleration research.— Section 1008 of the America COMPETES Act (42 U.S.C. 6603) is amended— (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c). (3) NSF reports.— (A) Funding for successful stem education programs; report to congress.— Section 7012 of the America COMPETES Act (42 U.S.C. 1862o–4) is amended by striking subsection (c). (B) Encouraging participation; evaluation and report.— Section 7031 of the America COMPETES Act (42 U.S.C. 1862o–11) is amended by striking subsection (b). (C) Math and science partnerships program coordination report.— Section 9(c) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n(c)) is amended— (i) by striking paragraph (4); and (ii) by redesignating paragraph (5) as paragraph (4). (b) National Nanotechnology Initiative Reports.— The 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501 et seq.) is amended— (1) by amending section 2(c)(4) (15 U.S.C. 7501(c)(4)) to read as follows: “(4) develop, not later than 5 years after the date of the release of the most-recent strategic plan, and update every 5 years thereafter, a strategic plan to guide the activities described under subsection (b) that describes— “(A) the near-term and long-term objectives for the Program; “(B) the anticipated schedule for achieving the near-term objectives; and “(C) the metrics that will be used to assess progress toward the near-term and long-term objectives; “(D) how the Program will move results out of the laboratory and into application for the benefit of society; “(E) the Program’s support for long-term funding for interdisciplinary research and development in nanotechnology; and “(F) the allocation of funding for interagency nanotechnology projects;” ; (2) by amending section 4(d) (15 U.S.C. 7503(d)) to read as follows: “(d) Reports.— Not later than 4 years after the date of the most recent assessment under subsection (c), and quadrennially thereafter, the Advisory Panel shall submit to the President, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a report its assessments under subsection (c) and its recommendations for ways to improve the Program.” ; and (3) in section 5 (15 U.S.C. 7504)— (A) in the heading, by striking “triennial” and inserting “quadrennial”; (B) in subsection (a), in the matter preceding paragraph (1), by striking “triennial” and inserting “quadrennial”; (C) in subsection (b), by striking “triennial” and inserting “quadrennial”; (D) in subsection (c), by striking “triennial” and inserting “quadrennial”; and (E) by amending subsection (d) to read as follows: “(d) Report.— “(1) In general.— Not later than 30 days after the date the first evaluation under subsection (a) is received, and quadrennially thereafter, the Director of the National Nanotechnology Coordination Office shall report to the President its assessments under subsection (c) and its recommendations for ways to improve the Program. “(2) Congress.— Not later than 30 days after the date the President receives the report under paragraph (1), the Director of the Office of Science and Technology Policy shall transmit a copy of the report to Congress.” . (c) Major Research Equipment and Facilities Construction.— Section 14 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–4) is amended— (1) by amending subsection (a) to read as follows: “(a) Prioritization of Proposed Major Research Equipment and Facilities Construction.— “(1) Development of priorities.— The Director shall— “(A) develop a list indicating by number the relative priority for funding under the major research equipment and facilities construction account that the Director assigns to each project the Board has approved for inclusion in a future budget request; and “(B) submit the list described in subparagraph (A) to the Board for approval. “(2) Criteria.— The Director shall include in the criteria for developing the list under paragraph (1) the readiness of plans for construction and operation, including confidence in the estimates of the full life-cycle cost (as defined in section 2 of the National Science Foundation Authorization Act of 1998 (42 U.S.C. 1862k note)) and the proposed schedule of completion. “(3) Updates.— The Director shall update the list prepared under paragraph (1) each time the Board approves a new project that would receive funding under the major research equipment and facilities construction account and periodically submit any updated list to the Board for approval.” ; (2) by striking subsection (e); (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (4) by amending subsection (c), as redesignated, to read as follows: “(c) Board Approval of Major Research Equipment and Facilities Projects.— The Board shall explicitly approve any project to be funded out of the major research equipment and facilities construction account before any funds may be obligated from such account for such project.” . SEC. 205. REPEAL OF CERTAIN PROVISIONS. (a) Technology Innovation Program.— (1) In general.— Section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n) is repealed. (2) Conforming amendments.— (A) Additional award criteria.— Section 4226(b) of the Small Business Jobs Act of 2010 (15 U.S.C. 278n note) is repealed. (B) Management costs.— Section 2(d) of the National Institute of Standards and Technology Act (15 U.S.C. 272(d)) is amended by striking “sections 25, 26, and 28” and inserting “sections 25 and 26”. (C) Annual and other reports to secretary and congress.— Section 10(h)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278(h)(1)) is amended by striking “, including the Program established under section 28,”. (b) Teachers for a Competitive Tomorrow.— Sections 6111 through 6116 of the America COMPETES Act (20 U.S.C. 9811, 9812, 9813, 9814, 9815, 9816) and the items relating to those sections in the table of contents under section 2 of that Act (Public Law 110–69; 121 Stat. 572) are repealed. SEC. 206. GRANT SUBRECIPIENT TRANSPARENCY AND OVERSIGHT. (a) In General.— Not later than 1 year after the date of enactment of this Act, the Inspector General of the Foundation shall prepare and submit to the appropriate committees of Congress an audit of the Foundation’s policies and procedures governing the monitoring of pass-through entities with respect to subrecipients. (b) Contents.— The audit shall include the following: (1) Information regarding the Foundation’s process to oversee— (A) the compliance of pass-through entities under section 200.331 and subpart F of part 200 of chapter II of subtitle A of title 2, Code of Federal Regulations, and the other requirements of that title for subrecipients; (B) whether pass-through entities have processes and controls in place regarding financial compliance of subrecipients, where appropriate; and (C) whether pass-through entities have processes and controls in place to maintain approved grant objectives for subrecipients, where appropriate. (2) Recommendations, if necessary, to increase transparency and oversight while balancing administrative burdens. SEC. 207. MICRO-PURCHASE THRESHOLD FOR PROCUREMENT SOLICITATIONS BY RESEARCH INSTITUTIONS. (a) Micro-purchase Threshold.— The micro-purchase threshold for procurement activities administered under sections 6303 through 6305 of title 31, United States Code, awarded by the Foundation, the National Aeronautics and Space Administration, or the National Institute of Standards and Technology to institutions of higher education, or related or affiliated nonprofit entities, or to nonprofit research organizations or independent research institutes is— (1) $10,000 (as adjusted periodically to account for inflation); or (2) such higher threshold as determined appropriate by the head of the relevant executive agency and consistent with audit findings under chapter 75 of title 31, United States Code, internal institutional risk assessment, or State law. (b) Uniform Guidance.— The Uniform Guidance shall be revised to conform with the requirements of this section. For purposes of the preceding sentence, the term “Uniform Guidance” means the uniform administrative requirements, cost principles, and audit requirements for Federal awards contained in part 200 of title 2 of the Code of Federal Regulations. SEC. 208. COORDINATION OF INTERNATIONAL SCIENCE AND TECHNOLOGY PARTNERSHIPS. (a) Short Title.— This section may be cited as the “International Science and Technology Cooperation Act of 2016”. (b) Establishment.— The Director of the Office of Science and Technology Policy shall establish a body under the National Science and Technology Council with the responsibility to identify and coordinate international science and technology cooperation that can strengthen the United States science and technology enterprise, improve economic and national security, and support United States foreign policy goals. (c) NSTC Body Leadership.— The body established under subsection (b) shall be co-chaired by senior level officials from the Office of Science and Technology Policy and the Department of State. (d) Responsibilities.— The body established under subsection (b) shall— (1) plan and coordinate interagency international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies; (2) work with other National Science and Technology Council committees to help plan and coordinate the international component of national science and technology priorities; (3) establish Federal priorities and policies for aligning, as appropriate, international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies with the foreign policy goals of the United States; (4) identify opportunities for new international science and technology cooperative research and training partnerships that advance both the science and technology and the foreign policy priorities of the United States; (5) in carrying out paragraph (4), solicit input and recommendations from non-Federal science and technology stakeholders, including institutions of higher education, scientific and professional societies, industry, and other relevant organizations and institutions; and (6) identify broad issues that influence the ability of United States scientists and engineers to collaborate with foreign counterparts, including barriers to collaboration and access to scientific information. (e) Report to Congress.— The Director of the Office of Science and Technology Policy shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives a biennial report on the requirements of this section. (f) Website.— The Director shall make each report available to the public on the Office of Science and Technology Policy website. (g) Termination.— The body established under subsection (b) shall terminate on the date that is 10 years after the date of enactment of this Act. (h) Additional Reports to Congress.— The Director of the Office of Science and Technology Policy shall submit, not later than 60 days after the date of enactment of this Act and annually thereafter, to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives a report that lists and describes the details of all foreign travel by Office of Science and Technology Policy staff and detailees.

  9. American Innovation and Competitiveness Act

    Pub. L. 114–329 § 204(a)(1)(B)(ii) · 130 Stat. 2969

    Struck · 15 U.S.C. § 278(h)(1)

    Pub. L. 114–329, § 204(a)(1)(B)(ii), struck out at end “Such report also shall comment on the programmatic planning document and updates thereto submitted to Congress by the Director under subsections (c) and (d) of section 278i of this title.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–329, § 204(a)(1)(B)(ii), struck out at end “Such report also shall comment on the programmatic planning document and updates thereto submitted to Congress by the Director under subsections (c) and (d) of section 278i of this title.”

    Enacted provision · exact public law section
    (ii) Conforming amendment.— Section 10(h)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278(h)(1)) is amended by striking the last sentence.

12 of 13 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1988–2017 · 4 rounds

2017

Subsec. (a). Pub. L. 114–329, § 404(1), substituted “not fewer than 9 members appointed by the Director, a majority of whom” for “15 members appointed by the Director, at least 10 of whom” and “National Institute of Standards and Technology” for “National Bureau of Standards”.

Subsec. (h)(1). Pub. L. 114–329, §§ 205(a)(2)(C), 404(2), made identical amendments, striking out “, including the Program established under section 278n of this title,” after “which affect the Institute”.

Pub. L. 114–329, § 204(a)(1)(B)(ii), struck out at end “Such report also shall comment on the programmatic planning document and updates thereto submitted to Congress by the Director under subsections (c) and (d) of section 278i of this title.”

2007

Subsec. (d). Pub. L. 110–69, § 3006, substituted “twice each year” for “quarterly”.

Subsec. (h)(1). Pub. L. 110–69, § 3005, substituted “not later than 30 days after the submittal to Congress of the President’s annual budget request in each year” for “on or before January 31 in each year” and inserted at end “Such report also shall comment on the programmatic planning document and updates thereto submitted to Congress by the Director under subsections (c) and (d) of section 278i of this title.”

1996

Subsec. (a). Pub. L. 104–113 substituted “15 members” for “nine members” and “at least 10” for “at least five”.

1988

Pub. L. 100–418, § 5131(b), amended section generally, substituting provisions of subsecs. (a) to (h) relating to Visiting Committee on Advanced Technology for provisions of former single undesignated paragraph which related to a visiting committee which was to visit bureau at least once a year and report to Secretary of Commerce upon efficiency of its scientific work and condition of its equipment.

Pub. L. 100–418, § 5115(a)(1), substituted “Institute” for “bureau”.

Statutory Notes and Related Subsidiaries

References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

Credits

1901–2017 · 5 acts
  1. 1901Mar. 3, 1901, ch. 872, § 10, 31 Stat. 1450
  2. 1988Pub. L. 100–418, title V, §§ 5115(a)(1), 5131(b), , 102 Stat. 1433, 1441
  3. 1996Pub. L. 104–113, § 8(1), , 110 Stat. 779
  4. 2007Pub. L. 110–69, title III, §§ 3005, 3006, , 121 Stat. 590
  5. 2017Pub. L. 114–329, title II, §§ 204(a)(1)(B)(ii), 205(a)(2)(C), title IV, § 404, , 130 Stat. 2998, 3001, 3023.
Show as published

(Mar. 3, 1901, ch. 872, § 10, 31 Stat. 1450; Pub. L. 100–418, title V, §§ 5115(a)(1), 5131(b), , 102 Stat. 1433, 1441; Pub. L. 104–113, § 8(1), , 110 Stat. 779; Pub. L. 110–69, title III, §§ 3005, 3006, , 121 Stat. 590; Pub. L. 114–329, title II, §§ 204(a)(1)(B)(ii), 205(a)(2)(C), title IV, § 404, , 130 Stat. 2998, 3001, 3023.)

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