§ 3704. Experimental Program to Stimulate Competitive Technology

Footnotes

1. 1 See References in Text note below.

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. 1980

   Stevenson-Wydler Technology Innovation Act of 1980

   Pub. L. 96–480 § 5 · 94 Stat. 2311

   Enacted · 15 U.S.C. § 3704

   Pub. L. 96–480, § 5, Oct. 21, 1980, 94 Stat. 2312

   Source evidence

   Code source credit
   Pub. L. 96–480, § 5, Oct. 21, 1980, 94 Stat. 2312

   Enacted provision · exact public law section
   SEC. 5. COMMERCE AND TECHNOLOGICAL INNOVATION. (a) In General.— The Secretary shall establish and maintain an Office of Industrial Technology in accordance with the provisions, findings, and purposes of this Act. (b) Director.— The President shall appoint, by and with the advice and consent of the Senate, 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, United States Code. (c) Duties.— The Secretary, through the Director, on a continuing basis, shall— (1) 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; (2) determine the influence of economic, labor and other conditions, industrial structure and management, and government policies on technological developments in particular industrial sectors worldwide; (3) 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; (4) 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; (5) 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; (6) provide that cooperative efforts to stimulate industrial innovation be undertaken between the Director and other officials in the Department of Commerce responsible for such areas as trade and economic assistance; (7) consider government measures with the potential of advancing United States technological innovation and exploiting innovations of foreign origin; and (8) publish the results of studies and policy experiments. (d) Report.— The Secretary shall prepare and submit to the President Submittal to President and Congress. and Congress, within 3 years after the date of enactment of this Act, a report on the progress, findings, and conclusions of activities conducted pursuant to sections 5, 6, 8, 11, 12, and 13 of this Act and recommendations for possible modifications thereof.

2. 1986

   Pub. L. 99–382 § 2(2) · 100 Stat. 811

   Redesignated · 15 U.S.C. § 3704(d)

   Pub. L. 99–382, § 2(2), added subsec. (d). Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–382, § 2(2), added subsec. (d). Former subsec. (d) redesignated (e).

   Enacted provision · exact public law section
   (2) by inserting immediately after subsection (c) the following 15 USC 3701 note. new subsection:

3. 1986

   Pub. L. 99–382 § 2(1) · 100 Stat. 811

   Redesignated · 15 U.S.C. § 3704(e)

   Pub. L. 99–382, § 2(1), redesignated subsec. (d) as (e)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–382, § 2(1), redesignated subsec. (d) as (e).

   Enacted provision · exact public law section
   (1) by redesignating subsection (d) as subsection (e); and

4. 1986

   Pub. L. 99–502 § 9(b)(3) · 100 Stat. 1785

   Substituted · 15 U.S.C. § 3704(a)

   Pub. L. 99–502, § 9(b)(3), substituted “Office of Productivity, Technology, and Innovation” for “Office of Industrial Technology”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–502, § 9(b)(3), substituted “Office of Productivity, Technology, and Innovation” for “Office of Industrial Technology”.

   Enacted provision · exact public law section
   (3) Section 5(a) of such Act is amended by striking out “Industrial 15 USC 3704. Technology” and inserting in lieu thereof “Productivity, Technology, and Innovation”.

5. 1986

   Pub. L. 99–502 § 9(b)(4) · 100 Stat. 1785

   Substituted · 15 U.S.C. § 3704(b)

   Pub. L. 99–502, § 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”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–502, § 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”.

   Enacted provision · exact public law section
   (4) Section 5(b) of such Act is amended by striking out “Director” and inserting in lieu thereof “Assistant Secretary”, and by striking out “a Director of the Office” and all that follows and inserting in lieu thereof “an Assistant Secretary for Productivity, Technology, and Innovation.”.

6. 1986

   Pub. L. 99–502 § 9(b)(5)(A) · 100 Stat. 1785

   Substituted · 15 U.S.C. § 3704(c)

   Pub. L. 99–502, § 9(b)(5)(A), substituted “the Assistant Secretary” for “the Director” in provisions preceding par. (1)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–502, § 9(b)(5)(A), substituted “the Assistant Secretary” for “the Director” in provisions preceding par. (1).

   Enacted provision · exact public law section
   (A) by striking out “the Director” each place it appears and inserting in lieu thereof “the Assistant Secretary”;

7. 1986

   Pub. L. 99–502 § 9(b)(5)(A) · 100 Stat. 1785

   Substituted · 15 U.S.C. § 3704(c)(6)

   Pub. L. 99–502, § 9(b)(5)(A), substituted “the Assistant Secretary” for “the Director”

   Source evidence

   Code amendment note
   Subsec. (c)(6). Pub. L. 99–502, § 9(b)(5)(A), substituted “the Assistant Secretary” for “the Director”.

   Enacted provision · exact public law section
   (A) by striking out “the Director” each place it appears and inserting in lieu thereof “the Assistant Secretary”;

8. 1986

   Pub. L. 99–502 § 9(b)(5)(B) · 100 Stat. 1785

   1. Added · 15 U.S.C. § 3704(c)(7)(10)

      Pub. L. 99–502, § 9(b)(5)(B), (C), added pars. (7) and (8)

   2. Redesignated · 15 U.S.C. § 3704(c)(7)(10)

      Pub. L. 99–502, § 9(b)(5)(B), (C), redesignated former pars. (7) and (8) as (9) and (10), respectively

   Source evidence

   Code amendment note
   Subsec. (c)(7) to (10). Pub. L. 99–502, § 9(b)(5)(B), (C), added pars. (7) and (8) and redesignated former pars. (7) and (8) as (9) and (10), respectively.

   Enacted provision · exact public law section
   (B) by redesignating paragraphs (7) and (8) as paragraphs (9) and (10), respectively; and

9. 1986

   Pub. L. 99–502 § 9(e)(2)(A) · 100 Stat. 1785

   Redesignated · 15 U.S.C. § 3704(e)

   Pub. L. 99–502, § 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

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 99–502, § 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.

   Enacted provision · exact public law section
   (A) Section 5(d) of such Act is amended by inserting “(as then in effect)” after “sections 5, 6, 8,11,12, and 13 of this Act”. 15 USC 3704.

10. 1988

    Pub. L. 100–519 § 201(a) · 102 Stat. 2589

    Amended · 15 U.S.C. § 3704(a)

    Pub. L. 100–519, § 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.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–519, § 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.”

    Enacted provision · exact public law section
    (a) Establishment.— Section 5(a) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704(a)) is amended to read as follows: “(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 Act. 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.”.

11. 1988

    Pub. L. 100–519 § 201(b) · 102 Stat. 2589

    Amended · 15 U.S.C. § 3704(b)

    Pub. L. 100–519, § 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.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–519, § 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.”

    Enacted provision · exact public law section
    (b) Under Secretary and Assistant Secretary.— Section 5(b) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704(b)) is amended to read as follows: “(b) Under Secretary and Assistant Secretary.— The President President of U.S. 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, United States Code; and “(2) an Assistant Secretary of Commerce for Technology Policy, who shall serve as policy analyst for the Under Secretary.”.

12. 1988

    Pub. L. 100–519 § 201(c)(2) · 102 Stat. 2589

    Substituted · 15 U.S.C. § 3704(c)

    Pub. L. 100–519, § 201(c)(2), substituted “Under Secretary, as appropriate,” for “Assistant Secretary, on a continuing basis,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–519, § 201(c)(2), substituted “Under Secretary, as appropriate,” for “Assistant Secretary, on a continuing basis,” in introductory provisions.

    Enacted provision · exact public law section
    (2) by striking “Assistant Secretary, on a continuing basis, shall—” and inserting in lieu thereof “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;”; and

13. 1988

    Pub. L. 100–519 § 201(c)(1) · 102 Stat. 2589

    1. Added · 15 U.S.C. § 3704(c)(1)(9)

       Pub. L. 100–519, § 201(c)(1), (2), added pars. (1) to (4)

    2. Redesignated · 15 U.S.C. § 3704(c)(1)(9)

       Pub. L. 100–519, § 201(c)(1), (2), redesignated former pars. (1) to (5) as (5) to (9), respectively. Former pars. (6) to (9) redesignated (10) to (13), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(1) to (9). Pub. L. 100–519, § 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.

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (1) through (10) as paragraphs (5) through (14), respectively;

14. 1988

    Pub. L. 100–519 § 201(c)(1) · 102 Stat. 2589

    1. Redesignated · 15 U.S.C. § 3704(c)(10)

       Pub. L. 100–519, § 201(c)(1), (3), redesignated former par. (6) as (10)

    2. Redesignated · 15 U.S.C. § 3704(c)(10)

       Pub. L. 100–519, § 201(c)(1), (3), substituted “Under Secretary” for “Assistant Secretary”. Former par. (10) redesignated (14)

    Source evidence

    Code amendment note
    Subsec. (c)(10). Pub. L. 100–519, § 201(c)(1), (3), redesignated former par. (6) as (10) and substituted “Under Secretary” for “Assistant Secretary”. Former par. (10) redesignated (14).

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (1) through (10) as paragraphs (5) through (14), respectively;

15. 1988

    Pub. L. 100–519 § 201(c)(1) · 102 Stat. 2589

    Redesignated · 15 U.S.C. § 3704(c)(11)(14)

    Pub. L. 100–519, § 201(c)(1), redesignated former pars. (7) to (10) as (11) to (14), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(11) to (14). Pub. L. 100–519, § 201(c)(1), redesignated former pars. (7) to (10) as (11) to (14), respectively.

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (1) through (10) as paragraphs (5) through (14), respectively;

16. 1988

    Pub. L. 100–519 § 201(d)(2) · 102 Stat. 2589

    Substituted · 15 U.S.C. § 3704(d)(1)

    Pub. L. 100–519, § 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”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 100–519, § 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”.

    Enacted provision · exact public law section
    (2) Section 5(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704(d)(1) is amended by striking “shall establish and, through the National Technical Information Service and” and inserting in lieu thereof “and the Under Secretary shall establish, and through the National Technical Information Service and with the cooperation of”.

17. 1992

    American Technology Preeminence Act of 1991

    Pub. L. 102–245 title III § 306 · 106 Stat. 7

    1. Added · 15 U.S.C. § 3704(c)(13)(15)

       Pub. L. 102–245 added par. (13)

    2. Redesignated · 15 U.S.C. § 3704(c)(13)(15)

       Pub. L. 102–245 redesignated former pars. (13) and (14) as (14) and (15), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(13) to (15). Pub. L. 102–245 added par. (13) and redesignated former pars. (13) and (14) as (14) and (15), respectively.

    Enacted provision · exact public law section
    SEC. 306. UNDER SECRETARY. Section 5(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704(c)) is amended— (1) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (2) by inserting after paragraph (12) the following new paragraph: “(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;”.

18. 1998

    Technology Administration Act of 1998

    Pub. L. 105–309 § 9 · 112 Stat. 2935

    Added · 15 U.S.C. § 3704(f)

    Pub. L. 105–309 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–309 added subsec. (f).

    Enacted provision · exact public law section
    SEC. 9. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY. Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704) is amended by adding at the end the following: “(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 another 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 the date of the enactment of the Technology Administration Act of 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 tube 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.”.

19. 2000

    Technology Transfer Commercialization Act of 2000

    Pub. L. 106–404 § 7(3) · 114 Stat. 1742

    Substituted · 15 U.S.C. § 3704(c)(11)

    Pub. L. 106–404 substituted “State or local governments” for “State of local governments”

    Source evidence

    Code amendment note
    Subsec. (c)(11). Pub. L. 106–404 substituted “State or local governments” for “State of local governments”.

    Enacted provision · exact public law section
    (3) in section 5(c)(11) (15 U.S.C. 3704(c)(11)), by striking “State of local governments” and inserting “State or local governments”;

20. 2007

    America COMPETES Act

    Pub. L. 110–69 § 3002(a)(5) · 121 Stat. 572

    Substituted · 15 U.S.C. § 3704

    Pub. L. 110–69, § 3002(a)(5), substituted “Experimental program to stimulate competitive technology” for “Commerce and technological innovation” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 110–69, § 3002(a)(5), substituted “Experimental program to stimulate competitive technology” for “Commerce and technological innovation” in section catchline.

    Enacted provision · exact public law section
    (5) in the section heading by striking “commerce and technological innovation” and inserting “experimental program to stimulate competitive technology”.

21. 2007

    America COMPETES Act

    Pub. L. 110–69 § 3002(a)(3)(B) · 121 Stat. 572

    1. Substituted · 15 U.S.C. § 3704(a)

       Pub. L. 110–69, § 3002(a)(3)(B), (E), substituted “Program establishment” for “Experimental Program to Stimulate Competitive Technology” in heading

    2. Struck · 15 U.S.C. § 3704(a)

       Pub. L. 110–69, § 3002(a)(3)(B), (E), struck out “, acting through the Under Secretary,” after “Secretary” wherever appearing in text

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–69, § 3002(a)(3)(B), (E), substituted “Program establishment” for “Experimental Program to Stimulate Competitive Technology” in heading and struck out “, acting through the Under Secretary,” after “Secretary” wherever appearing in text.

    Enacted provision · exact public law section
    (B) by striking “, acting through the Under Secretary,” each place it appears;

22. 2007

    America COMPETES Act

    Pub. L. 110–69 § 3002(a)(1) · 121 Stat. 572

    1. Redesignated · 15 U.S.C. § 3704(a)

       Pub. L. 110–69, § 3002(a)(1), (2), redesignated subsec. (f) as (a)

    2. Struck · 15 U.S.C. § 3704(a)

       Pub. L. 110–69, § 3002(a)(1), (2), struck out former subsec. (a) which related to the establishment of a Technology Administration within the Department of Commerce

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–69, § 3002(a)(1), (2), redesignated subsec. (f) as (a) and struck out former subsec. (a) which related to the establishment of a Technology Administration within the Department of Commerce.

    Enacted provision · exact public law section
    (1) by striking subsections (a) through (e);

23. 2007

    America COMPETES Act

    Pub. L. 110–69 § 3002(a)(3)(A) · 121 Stat. 572

    Substituted · 15 U.S.C. § 3704(a)(1)

    Pub. L. 110–69, § 3002(a)(3)(A), substituted “Beginning in fiscal year 1999, the Secretary shall establish” for “The Secretary, acting through the Under Secretary, shall establish for fiscal year 1999”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 110–69, § 3002(a)(3)(A), substituted “Beginning in fiscal year 1999, the Secretary shall establish” for “The Secretary, acting through the Under Secretary, shall establish for fiscal year 1999”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “The Secretary, acting through the Under Secretary, shall establish for fiscal year 1999” and inserting “Beginning in fiscal year 1999, the Secretary shall establish”;

24. 2007

    America COMPETES Act

    Pub. L. 110–69 § 3002(a)(3)(C) · 121 Stat. 572

    Redesignated · 15 U.S.C. § 3704(a)(6)

    Pub. L. 110–69, § 3002(a)(3)(C), redesignated par. (6) as subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 110–69, § 3002(a)(3)(C), redesignated par. (6) as subsec. (b).

    Enacted provision · exact public law section
    (C) by redesignating paragraph (6) as subsection (b);

25. 2007

    America COMPETES Act

    Pub. L. 110–69 § 3002(a)(3)(D) · 121 Stat. 572

    Struck · 15 U.S.C. § 3704(a)(7)

    Pub. L. 110–69, § 3002(a)(3)(D), struck out par. (7) which required the Under Secretary of Commerce for Technology to submit a report on the Experimental Program to Stimulate Competitive Technology no later than 90 days after Oct. 30, 1998

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 110–69, § 3002(a)(3)(D), struck out par. (7) which required the Under Secretary of Commerce for Technology to submit a report on the Experimental Program to Stimulate Competitive Technology no later than 90 days after Oct. 30, 1998.

    Enacted provision · exact public law section
    (D) by striking paragraph (7); and

26. 2007

    America COMPETES Act

    Pub. L. 110–69 § 3002(a)(1) · 121 Stat. 572

    1. Redesignated · 15 U.S.C. § 3704(b)

       Pub. L. 110–69, § 3002(a)(1), (3)(C), (4), redesignated subsec. (a)(6) as (b)

    2. Substituted · 15 U.S.C. § 3704(b)

       Pub. L. 110–69, § 3002(a)(1), (3)(C), (4), substituted “subsection (a)” for “this subsection”

    3. Struck · 15 U.S.C. § 3704(b)

       Pub. L. 110–69, § 3002(a)(1), (3)(C), (4), struck out former subsec. (b) which related to appointment of Under Secretary of Commerce for Technology and Assistant Secretary of Commerce for Technology Policy

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–69, § 3002(a)(1), (3)(C), (4), redesignated subsec. (a)(6) as (b), substituted “subsection (a)” for “this subsection”, and struck out former subsec. (b) which related to appointment of Under Secretary of Commerce for Technology and Assistant Secretary of Commerce for Technology Policy.

    Enacted provision · exact public law section
    (1) by striking subsections (a) through (e);

27. 2007

    America COMPETES Act

    Pub. L. 110–69 § 3002(a)(1) · 121 Stat. 572

    Struck · 15 U.S.C. § 3704(c)(e)

    Pub. L. 110–69, § 3002(a)(1), struck out subsecs. (c) to (e) which related, respectively, to duties of the Secretary, Japanese technical literature, and a progress report required within 3 years after Oct. 21, 1980

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 110–69, § 3002(a)(1), struck out subsecs. (c) to (e) which related, respectively, to duties of the Secretary, Japanese technical literature, and a progress report required within 3 years after Oct. 21, 1980.

    Enacted provision · exact public law section
    (1) by striking subsections (a) through (e);

28. 2007

    America COMPETES Act

    Pub. L. 110–69 § 3002(a)(2) · 121 Stat. 572

    Redesignated · 15 U.S.C. § 3704(f)

    Pub. L. 110–69, § 3002(a)(2), redesignated subsec. (f) as (a)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 110–69, § 3002(a)(2), redesignated subsec. (f) as (a).

    Enacted provision · exact public law section
    (2) by redesignating subsection (f) as subsection (a);

29. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 title IX § 971 · 122 Stat. 3078

    Added · 15 U.S.C. § 3704(c)

    Pub. L. 110–315 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–315 added subsec. (c).

    Enacted provision · exact public law section
    SEC. 971. MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS TECHNOLOGY OPPORTUNITY PROGRAM.   Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704) is amended by inserting after subsection (b) the following: “(c) Minority Serving Institution Digital and Wireless Technology Opportunity Program.— “(1) In general.— 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 Procedures. Secretary, consistent with subparagraph (C) and in consultation with the advisory council established under subparagraph (B), shall establish procedures to review such applications. The Federal Register, publication. Requirements. Criteria. 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 Waiver authority. 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.— Deadlines. Not later than 6 months after the date of enactment of this subsection, 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 the date of enactment of this subsection. “(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 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)), an institution identified in subparagraph (A), (B), or (C) of section 326(e)(1) of such Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), or a consortium of institutions described in this clause; “(ii) a Hispanic-serving institution, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); “(iii) a Tribal College or University, as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)); “(iv) an Alaska Native-serving institution, as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); “(v) a Native Hawaiian-serving institution, as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); “(vi) a Predominately Black Institution, as defined in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e); “(vii) a Native American-serving, nontribal institution, as defined in section 319 of the Higher Education Act of 1965 (20 U.S.C. 1059f); “(viii) an Asian American and Native American Pacific Islander-serving institution, as defined in section 320 of the Higher Education Act of 1965 (20 U.S.C. 1059g); or “(ix) a minority institution, as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k), with an enrollment of needy students, as defined in section 312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d)). “(C) Institution of higher education.— The term ‘institution of higher education’ has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). “(D) Local educational agency.— The term ‘local educational agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). “(E) Minority business.— The term ‘minority business’ includes HUBZone small business concerns (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p))). “(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 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). “(H) State educational agency.— The term ‘State educational agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).” .

30. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 title IX § 9215(sss) · 129 Stat. 1802

    Changed · 15 U.S.C. § 3704(c)(8)(D); 15 U.S.C. § 3704(c)(8)(G); 15 U.S.C. § 3704(c)(8)(H)

    Pub. L. 114–95 made technical amendments to references in original act which appear in text as references to section 7801 of title 20

    Source evidence

    Code amendment note
    Subsec. (c)(8)(D), (G), (H). Pub. L. 114–95 made technical amendments to references in original act which appear in text as references to section 7801 of title 20.

    Enacted provision · exact public law section
    (sss) Stevenson-Wydler Technology Innovation Act of 1980.— Section 5(c)(8) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704(c)(8)) is amended— (1) in subparagraph (D), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (2) in subparagraph (G), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (3) in subparagraph (H), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”.

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

38 of 38 references resolved to an enrolled provision